Terms of Use | dusk-rails

Last updated: January 2024

Agreement to Terms

These Terms of Use ("Terms") govern your access to and use of the website located at dusk-rails.com ("Website") operated by dusk-rails Limited ("Company", "we", "us", "our"). By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Website.

These Terms apply to all visitors, users, and others who access or use the Website. Additional terms may apply to specific services, and those terms will be presented to you before you engage with those services.

About Us

dusk-rails Limited is a company registered in England and Wales with company number 08234567. Our registered office is at 47 Chancery Lane, London WC2A 1PL. Our VAT number is GB 234 5678 90.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may access and use the Website for your personal, non-commercial use only. You must not:

Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as permitted by these Terms
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website
Access or use for any commercial purposes any part of the Website or any services or materials available through the Website

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made.

Accuracy of Information

While we strive to ensure that the information on this Website is accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Website for any purpose.

The information on this Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

We may update the content on our Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Acceptable Use

You may use our Website only for lawful purposes. You agree not to use the Website:

In any way that violates any applicable local, national, or international law or regulation
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which may harm the Company or users of the Website
In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website
To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website
To introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
To attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website

Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers, or licensors 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:

Your access to or use of or inability to access or use the Website
Any conduct or content of any third party on the Website
Any content obtained from the Website
Unauthorised access, use, or alteration of your transmissions or content

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website 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.

The Company does not warrant that the Website will function uninterrupted, secure, or available at any particular time or location, that any errors or defects will be corrected, that the Website is free of viruses or other harmful components, or that the results of using the Website will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from your use of and access to the Website, or your violation of these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, 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 Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the courts of England and Wales.

Changes to These 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 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 Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Website.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Waiver

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact Us

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

dusk-rails Limited
47 Chancery Lane
London WC2A 1PL
Email: [email protected]