Dawnbay Ltd T/A Dove & Hawk (hereafter “Dove & Hawk”, “us” or “the Company”) is committed to ensuring that it maintains the highest standards of practice in the use of its website by third parties. This document outlines the terms which govern your use of our website. By using our website, you accept these terms and conditions of use in full. Should you disagree with any of these terms, you should not use the website.
1. INTELLECTUAL PROPERTY RIGHTS
We own the intellectual property rights in the website and material displayed on the website. All these intellectual property rights are reserved.
You may view, download, and print pages from the website for your sole personal use, subject to the conditions and restrictions set out in these terms & conditions. You undertake not to:
i. publish or republish any material contained in this website (including republication on any other website);
ii. show, or otherwise display, any content from the website in public without our express permission in writing;
iii. copy, process, reproduce, duplicate, manipulate or otherwise exploit material on our website for any commercial purpose or reward;
iv. change, edit or otherwise modify any material at any time displayed on our website;
v. rent, sell or sub-license material from the website, or;
vi. except for content expressly and specifically made available for redistribution (such as our newsletter), redistribute material contained within this website.
2. ACCESS RESTRICTION
If we provide you with a User ID and Password to facilitate your use of restricted areas of our website, services or content, such User ID and Password is for your sole use. You must ensure that your User ID and Password are kept confidential and never used by any other party without our express written permission.
Access to many areas of our website is deliberately restricted. At our sole discretion, we reserve the right to restrict or grant access to certain areas of the website at any time and in any manner.
3. PERMITTED AND ACCEPTABLE USE
You must not use our website in any way which causes, or could cause, damage to the website or detrimental impairment of the availability or accessibility of the website.
You must not use our website in any way which may be deemed to be unlawful, harmful, illegal or fraudulent nor in relation to any unlawful, harmful, illegal or fraudulent activity or purpose.
You must not use our website for any purpose related to advertising, marketing or similar activities without our express consent which must be in writing.
You must not undertake any automated or systematic data collection activities (including, without limitation, data harvesting, data mining, data extraction, scraping) on or relating to our website without our express consent, which must be in writing.
4. USER GENERATED CONTENT
In these terms and conditions of use, “your user content” means information and material (including, without limitation, images, text, video material, audio material and audio-visual material) that you submit to our website for whatever purpose.
You expressly and irrevocably grant us a worldwide, royalty-free, non-exclusive license to use, display, reproduce, adapt, publish, translate and distribute your user content in any media. Furthermore, you grant us the right to sub-license these rights, and the unrestricted right to bring an action for the infringement of these rights.
We reserve the right to edit or remove any material or information submitted to our website, published on our website, hosted or stored on our servers.
Your user content must not be illegal or unlawful, it must not infringe any third party’s legal or other rights, and must not be capable of giving rise to legal action whether against you or against us or against any third party in all cases under any applicable law.
You must not submit or display any user content on the website that is, has been, or is likely to be the subject of any actual or threatened legal action or complaint.
Notwithstanding our rights under these terms and conditions, we do not undertake to monitor the submission of such content to, or the publication of such content on our website.
5. LIMITED WARRANTIES
We expressly do not warrant the accuracy or completeness of any of the information published on this website, nor do we commit to ensuring that the website remains available or that the material contained or displayed on the website is kept up to date.
To the maximum extent permitted by any applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website, including, without limitation any warranties implied by law of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill.
6. LIMITATION OF LIABILITY
Nothing in these terms and conditions of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
i. to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
ii. we will not be liable for any consequential, indirect or special loss or damage;
iii. we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data or information;
iv. we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;
v. our maximum liability in relation to any event or series of related events will be limited to £1 million.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to third parties in settlement of a claim or dispute on the advice or our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions of use, or arising out of any claim that you have breached any provision of these terms and conditions of use.
8. BREACHES OF THESE TERMS AND CONDITIONS OF USE
Without prejudice to our other rights under these terms and conditions of use, if you breach these terms and conditions of use in any way, we may take such action as we deem necessary to deal with the breach, including the suspension of your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request they block your access to the website and/or bringing court proceedings against you.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions of use.
If a provision of these terms and conditions of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful and enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
11. EXCLUSION OF THIRD PARTY RIGHTS
These terms and conditions of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our or your rights in relation to these terms and conditions of use is not subject to the consent of any third party.
12. ENTIRE AGREEMENT
13. LAW AND JURISDICTION
These terms and conditions of use will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions of use will be subject to the jurisdiction of the courts of England and Wales.
The full name of our company is Dawnbay Ltd T/A Dove & Hawk.
We are registered in England and Wales under registration number 06224815.
Our registered address is: Warnford Court, 29 Throgmorton Street, London, EC2N 2AT
You can contact us by email at firstname.lastname@example.org