Welcome to DMarkete! These Terms and Conditions ("Terms") govern your use of the DMarkete website (dmarkete.com) and any related services, features, content, or applications offered by DMarkete (collectively, the "Service").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service.

1. Agreement to Terms

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the Service.

2. Account Registration and User Obligations

Account Creation

When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

User Obligations

As a user of the Service, you agree to:

  • Use the Service in a manner consistent with all applicable laws and regulations.
  • Not use the Service for any illegal or unauthorized purpose.
  • Not attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
  • Not collect or harvest any information from the Service, including email addresses, without our permission.
  • Not upload, post, or transmit any content that contains viruses, worms, malware, Trojan horses, or any other harmful or destructive content.
  • Not interfere with or disrupt the Service or servers or networks connected to the Service.
  • Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

3. User Content and Conduct

Content Responsibility

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, you represent and warrant that:

  • The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms.
  • The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Prohibited Content

You agree not to post Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Is likely to deceive any person.
  • Promotes illegal activity or advocates, promotes, or assists in any unlawful act.
  • Infringes upon or violates our intellectual property rights or the intellectual property rights of others.
  • Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
  • Constitutes unauthorized or unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Content Monitoring and Removal

We have the right, but not the obligation, to monitor and edit or remove any Content provided by users. We also have the right to terminate your access to all or part of the Service for any violation of these Terms.

4. Intellectual Property Rights

Our Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of DMarkete and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of DMarkete.

License to Use Content

Subject to these Terms, DMarkete grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms are reserved and retained by DMarkete or its licensors. No part of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DMarkete.

License to Your Content

When you upload or post Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. This license is for the purpose of providing, promoting, and improving the Service.

The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning we are not required to pay you for the use of the Content), and sublicensable and transferable (meaning we can give this license to our affiliates and subcontractors).

5. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall DMarkete, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  1. Your access to or use of or inability to access or use the Service;
  2. Any conduct or content of any third party on the Service;
  3. Any content obtained from the Service; and
  4. Unauthorized access, use, or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event will our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to DMarkete in the last six (6) months, or, if greater, one hundred pounds sterling (£100).

These limitations of liability apply even if DMarkete has been expressly advised of the potential loss.

6. Disclaimer and Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

DMarkete, its subsidiaries, affiliates, and its licensors do not warrant that:

  1. The Service will function uninterrupted, secure, or available at any particular time or location;
  2. Any errors or defects will be corrected;
  3. The Service is free of viruses or other harmful components; or
  4. The results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

7. Indemnification

You agree to defend, indemnify, and hold harmless DMarkete, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

  1. Your use of and access to the Service, including any data or content transmitted or received by you;
  2. Your violation of these Terms, including, but not limited to, your breach of any of the representations and warranties set forth in these Terms;
  3. Your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights;
  4. Your violation of any applicable laws, rules, or regulations;
  5. Any Content that is submitted from your account, including third party access with your unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  6. Your willful misconduct; or
  7. Any other party's access and use of the Service with your unique username, password, or other appropriate security code.

This defense and indemnification obligation will survive these Terms and your use of the Service.

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete your account.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

11. Contact Us

If you have any questions about these Terms, please contact us:

  • By email: legal@dmarkete.com
  • By mail: 168 Jones Terrace, Stevensfort, SW6 1LG, United Kingdom
  • By phone: +44 7178 281942