June 11 2019
Terms and Conditions of Sale
This page contains the terms and conditions (Terms) on which we supply the products (Products) listed on our website (the Website) to you. Please read these Terms carefully before ordering Products from the Website. By ordering any Products from the Website you agree to be bound by these Terms.
You should print a copy of the Terms for future reference.
1 Information About Us
1.1 The Website is a site operated byDa Green One (trading name of Da Green One Limited) (we/us/our).
1.2 We are registered in England and Wales with company number 11504572 and with our registered address as 86 - 90 Paul Street, London, United Kingdom, EC2A 4NE.
1.3 Our VAT numbers can be found in condition 13.
2 Your Status
2.1 By placing an order through the Website you warrant that you are old enough to buy any age restricted items in your order.
3 Formation of the Contract
3.1 Once you have placed an order you will receive an email from us acknowledging receipt of your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to buy products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Products have been despatched (Despatch Confirmation). The contract between us (Contract) will be formed at the earlier of (i) the point when we send you the Despatch Confirmation, (ii) the point when we take payment for your order, or (iii) the point when we despatch the Products to you.
3.2 The Contract will relate only to those Products whose despatch we have confirmed in the Despatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate Despatch Confirmation.
3.3 We reserve the right to:
3.3.1 decline any order (or part of any order) where the Products are unavailable for any reason;
3.3.2 decline any order (or part of any order) where the Website has contained obvious errors or inaccuracies in relation to the description of a Product or the pricing of a Product (see condition 5.1);
3.3.3 place restrictions on the volume of any Product ordered where the availability of a Product is limited; and
3.3.4 place restrictions on the volume of any Product ordered in accordance with our standard procedures relating to compliance with the laws and regulations in your territory.
4 Ownership of Products
4.1 You will become the owner of the Products when they have been delivered to you.
4.2 Once Products have been delivered to you they will be held at your risk and we will not be liable for their use, loss or destruction.
5 Price and Payment
5.1 The price of any Product will be as quoted on the Website from time to time, except in the circumstances set forth in condition 5.6 and condition 5.7 below. The price for the Products will be confirmed before you complete your order and in the Despatch Confirmation.
5.2 All prices are displayed in the local currency to you, or pounds sterling, depending on the location of the delivery address for your order. You will be charged in the currency of the shipping address, or, where we do not accept payment in the currency local to the shipping address, pounds sterling.
5.3 Prices of Products may change at any time, but changes will not affect orders which you have placed that have been confirmed by the Despatch Confirmation.
5.4 Prices of Products may be subject to certain sales taxes depending on where in the world the order is to be shipped to. The prices stated on the Website at the point of checkout will include a calculation of such sales tax. Further details of sales taxes can be found in the 'Taxes and Charges' page of the Customer Services section on the Website. If you are responsible for paying tax and that tax has not been collected by us, it is your responsibility to pay such tax as applicable.
5.5 Prices of Products exclude delivery costs which will be added (if applicable) to the total amount due prior to the point of check out of your order. Details of delivery charges can be found in theShipping Rates page in the Customer Services section of the Website.
5.6 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. Where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Products to you. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, either contact you for instructions before despatching the Products, or reject your order under condition 3.3 and notify you of such rejection.
5.7 We are under no obligation to provide Products to you at an incorrect (lower) price, even after we have sent you a Despatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.8 Payment for all Products must be made using one of the methods made available at the point of checkout.
6 DGO Virtual Gift Vouchers
6.1 As well as purchasing Products through the Website, you can also purchase gift vouchers for yourself or others (Virtual Gift Vouchers).
6.2 Virtual Gift Vouchers must be redeemed by the recipient (Recipient) on the Website towards the purchase of eligible products listed in our online catalogue and sold by us. The Recipient must have an account on the Website to receive and use the Virtual Gift Vouchers.
6.3 To redeem a Virtual Gift Voucher, the Recipient must have an active members account (or create one if necessary) associated with the email address provided by you. We are not responsible for incorrect or undeliverable email addresses.
6.4 Virtual Gift Vouchers cannot be exchanged for cash and are not transferable or assignable in any way.
6.5 Any unused balance of Virtual Gift Vouchers after placement of an order by the Recipient will be recorded in the Recipient's account on the Website.
6.6 If any order placed by the Recipient using the Virtual Gift Vouchers exceeds the value of the Virtual Gift Vouchers held by the Recipient, any balance remaining for a purchase must be paid by the Recipient.
6.7 One or more Virtual Gift Vouchers can be redeemed against a single order.
6.8 Virtual Gift Vouchers and any unused balance remaining in the Recipient's account expire 24 calendar months after the date of purchase of the Virtual Gift Voucher by you.
6.9 Responsibility for the Virtual Gift Voucher passes to the Recipient upon purchase and we are not responsible for Virtual Gift Vouchers which are lost, destroyed or used without the Recipient's permission.
6.10 All other provisions of these Terms will apply to all purchases made using Virtual Gift Vouchers, as applicable.
7.1 The Products will be delivered to the address specified in your order and in accordance with the delivery option selected at the point of checkout.
7.2 Please see the Delivery page in the Customer Services section on the Website for specific details of despatch and delivery times.
7.3 Whilst we will take reasonable steps to ensure that your order is despatched and delivered on time, please be aware that despatch and delivery times are estimates only, and that time of despatch or delivery is not of the essence of any Contract. Where any Product is manufactured or produced to order by you, an estimated delivery time will be specified at the point of ordering. A more detailed delivery time will then be specified in the Despatch Confirmation. By placing an order for a Product manufactured or produced to order, you acknowledge that delivery may be subject to substantial lead times.
7.4 We may defer the date of despatch or delivery or cancel any Contract, or remove from your order any Products ordered by you (without liability) if we are prevented or delayed in the carrying on of our business, due to circumstances beyond our reasonable control, including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, extreme weather conditions, flood, epidemic, lock-outs, strikes or other labour disputes, fuel shortages, restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials.
7.5 We will use reasonable endeavours to ship all of your order together in one shipment. But we reserve the right to ship your order in instalments should some components of your order be unavailable for delivery, or have delayed availability, when you place your order, or if your order is too big to deliver in one shipment. In these circumstances you will be charged a single delivery fee for the whole of your order.
7.6 We will use all reasonable endeavours to ensure that the Website displays the correct availability of Products for ordering. To the extent that we are reasonably able to do so, we will identify any limitations on availability (that we are aware of at that time), such as temporarily out of stock Products, in the relevant Product listing page. The provisions of this condition 7.6 are subject at all times to the provisions of condition 3.3.1.
8 Cancellations and Returns
8.1 We hope that you will be happy with all Products purchased from the Website, however, if you are not, subject to condition 8.4, you may cancel a Contract at any time and for any reason within fourteen working days, beginning on the day after you receive the Products (Cooling-Off Period). Should you wish to do this you will receive a full refund of the price paid for the Products as described in condition 8.3.
8.2 To cancel a Contract you must send us written notice, to be received by us during the Cooling-Off Period, by email or by post containing your name, address, and product order details (order number, Products ordered, and date of order). Our contact details can be found here. Please note that email is our preferred form of communication, and we will be able to process your cancellation quicker if you notify us by email. You must keep the Products in your possession and take reasonable care of them. In addition, you must return the Products to us as soon as possible at your cost and risk, in the same condition in which you received them. We suggest that you do this using a registered delivery service to reduce the risk of the Products not reaching us. If you fail to take reasonable care of the Products before returning the Products to us, or fail to take reasonable care to ensure that we receive the Products and that they are not damaged in transit, we may take legal proceedings to recover any damages, costs or other expenses which we incur as a result.
8.3 When you cancel a contract under condition 8.1, we will process the refund due to you no later than within 14 days of receipt of the relevant Products back from you. We will refund the price of the Product in full, including the cost of sending the item to you.
8.4 You will not have a right to cancel a contract under condition 8.1 where:
8.4.1 the Products forming the contract are Downloads (as defined under condition 10) such as audio books, ebooks, magazines or periodicals (on the basis that the contract has been performed with your consent); and
8.4.2 the Product forming the contract is made to order or otherwise tailored to your specification.
8.5 Products returned by you because of a defect (and not a cancellation under condition 8.1) will be examined by us. Where evidence of a defect is found we will notify you of your entitlement to (at your option) (i) a replacement Product, or (ii) a refund for the defective Product. Where a refund is requested, we will process the refund due to you (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective Product.
8.6 We will usually refund any money received from you by using the same method originally used by you to pay for your purchase.
8.7 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of, or in connection with, any defect with a Product, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product in question.
8.8 Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraud.
9 Import Duty
9.1 It is possible that your order may be subject to import duties and taxes which are levied when the Products reach specified destinations. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
10 Electronic Downloads
10.1 When you download any other electronic download Products from this Website (Download), we grant to you a personal and non-exclusive licence to use that Download in accordance with this condition
10.2 You may only store Downloads on devices that you own. You may print one copy of any Download provided you retain it for personal use only and do not facilitate its copying or distribution by, or amongst, third parties.10.3 For the avoidance of doubt, you must not:
10.3.1 provide or share the Download with any individual, company or partnership;
10.3.2 make the Download available on bit-torrent sites or elsewhere on the internet;
10.3.3 distribute copies of any Download (in any format); or
10.3.4 attempt to reverse engineer, bypass, alter, amend, remove or otherwise make any change to any copy protection technology that may be applied to the Download.
10.4 You acknowledge and accept that all copyrights, trademarks and other intellectual property rights in the Download shall remain our sole property. You undertake not to make any use of the intellectual property rights in Downloads, otherwise than in accordance with this condition 10, without our prior written permission.
10.5 Should you breach any of the provisions of conditions 10.2 to 10.4 your license to use or store the Download shall automatically terminate and you must permanently delete the Download from any device upon which you have caused it to be stored. You should be aware that any unauthorised use of a Download in breach of conditions 10.2 to 10.4 shall be treated as an infringement of our intellectual property rights and dealt with accordingly.
10.6 To the extent that there is any conflict or contradiction with this condition 10 and any other condition in these Terms this condition 10 shall prevail to the extent that the conflict or confusion relates to Downloads.
10.7 Some Downloads are available for purchase through this Website, but the Download itself will be available for download (Electronic Delivery) through selected third parties. In this circumstance, we shall direct you to the third party's website for Electronic Delivery of the Download. We will provide you with appropriate means (a unique code or similar) to the complete the Electronic Delivery of the Download via the third party's website. Where you receive Electronic Delivery of a Download through a third party website, the terms and conditions of the third party website shall apply to such Electronic Delivery.
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11.2 All notices from you to us must be in writing and sent by email, registered post or airmail. Our contact details can be found here. All notices from us to you will be displayed on the Website from time to time or sent by email, registered post or airmail to any address provided by you to us. Notices will be deemed received immediately when posted on the website, 24 hours after an email is sent, 3 business days after the date of posting of any letter by registered post, and 10 business days after the date of posting if sent by airmail. If a notice is deemed to have been received after 4.00 pm (local time of the recipient) on a business day, or on any day which is not a business day, it shall be deemed to have been received at 9.00 am (local time of the recipient) on the next business day.
11.3 The Contract is binding on you. You may not transfer, assign or otherwise deal with or any of your rights or obligations arising under the Contract.
11.4 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.5 These Terms, together with our Privacy Notice and Terms of Website Use, and any other document expressly referred to in these documents, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these documents. Nothing in this clause shall limit or exclude any liability for fraud.
11.6 Failure or delay by us in enforcing or partially enforcing any provision of a Contract shall not be construed as a waiver of any of our rights under the Contract. Any waiver by us of any breach of, or default under, any provision of a Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.7 We have the right to revise and amend these Terms from time to time. The latest version of these Terms will be available on the Website. You will be subject to the policies and Terms in force at the time that you order Products from us.
11.8 No term of any Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.
11.9 To the fullest extent permissible, any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by English law and subject to the exclusive jurisdiction of the courts of England.
12 Complaints Policy
12.1 We are committed to providing a quality service to you and value your views, opinions and feedback on any Products which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we shall endeavour to put right any problems.
12.2 If your complaint relates to the quality of a Product please refer to condition 8. For any other complaints, queries, or to provide us with feedback, please contact us here. We shall endeavour to contact you within five business days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our Products and the services which we have provided to you are to your satisfaction.
Terms of Website Use
Da Green One
Information about us
This site is operated by Da Green One (we or our or us or DGO).
Da Green One is a trading name of PlastikKrak Limited.
We are a limited company registered in England and Wales under company number 1234567 and have our registered office at 3rd Floor 86 - 90 Paul Street London EC2A 4NE England. Our VAT numbers can be found here.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Your access to our site is dependent on you consenting to our use (and certain third parties) of cookies in connection with your visit to the site. More information can be found in our Cookie Notice.
You may only use our site for lawful purposes.
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of stalking, harming, harassing or abusing, or attempting to stalk, harm, harass or abuse any person in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
To transmit any material that is defamatory, obscene, offensive, hateful, inflammatory, likely to deceive any person, or which infringes the rights of any third party.
You also agree:
Not to reproduce, duplicate, or copy any part of our site without our express permission.
Not to provide information that is inaccurate, fictional or misleading.
Not to access without authority, interfere with, damage or disrupt:
any part of our site
any equipment or network on which our site is stored
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party
Intellectual property rights
Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by trademark and copyright laws. All such rights are reserved.
The trade marks depicted on our site are owned by us.
All materials on this site, including but not limited to images, artwork, text, audio clips, and video clips, are, unless otherwise stated, owned and controlled by DGO and may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or unauthorized use of the materials for any purpose is a violation of our legal rights. The unauthorized posting of any of our intellectual property, including any images of our products or other artwork on any other website, including, but not limited eBay, Amazon or Craigslist is strictly prohibited.
Downloadable Material & File Share Licence
These are the terms and conditions that apply when you receive electronic artwork, wallpapers, game rules, PDF files or other material downloadable from the DGO website or through the DGO email subscription service(“Downloadable Material, File Share”). The parties agree that in consideration of your use of the DGO website and/or the DGO email subscription service, DGO grants you a licence to use the Downloadable Material on the following terms:
This licence is made between: (1) Da Green One (trading name of PlastikKrak Limited), 3rd Floor 86 - 90 Paul Street London EC2A 4NE, United Kingdom (“DGO”); and (2) the recipient of material downloaded from DGO's website (“You/you/Your/your”) together being “the parties”.
DGO grants to you a personal, non-exclusive, non-transferable, royalty-free license to use the DGO Downloadable Material, (but not material owned and or licensed by third a party we may hold ), in the following ways:
1.1 to store the Downloadable Material on any number of electronic devices and/or storage media (including, by way of example only, personal computers, e-book readers, mobile phones, portable hard drives, USB flash drives, CDs or DVDs) which are personally owned by you; and
1.2 to access the Downloadable Material using an appropriate electronic device and/or through any appropriate storage media. For the avoidance of doubt, you are ONLY licensed to use the Downloadable Material as described in paragraph 1 above. You may NOT use or store the Downloadable Material in any other way. If you do, DGO shall be entitled to terminate this license.
Further to the general restriction at paragraph 2, DGO shall be entitled to terminate this licence in the event that you use or store the Downloadable Material (or any part of it) in any way not expressly licensed. This includes (but is by no means limited to) the following circumstances:
3.1 you provide the Downloadable Material to any company, individual or other legal person who does not possess a license to use or store it;
3.2 you make the Downloadable Material available on bit-torrent sites, or are otherwise complicit in 'seeding' or sharing the Downloadable Material with any company, individual or other legal person who does not possess a license to use or store it;
3.3 you print or reproduce in any physical format and distribute hard copies of the Downloadable Material to any company, individual or other legal person who does not possess a license to use or store it;
3.4 you attempt to reverse engineer, bypass, alter, amend, remove or otherwise make any change to any copy protection technology which may be applied to the Downloadable Material;
3.5 you use, or allow another company, individual or legal person to use, the Downloadable Material commercially or in relation to any business or business activities.
You acknowledge that all copyright, trademark and other intellectual property rights in the Downloadable Material are, and shall remain, the sole property of DGO, or its licensed legal owner.
On termination of this licence, howsoever effected, you shall immediately and permanently delete all copies of the Downloadable Material from your computers and storage media, and shall destroy all hard copies of the Downloadable Material which you have derived from the Downloadable Material.
DGO shall be entitled to amend these terms and conditions from time to time without written notice to you.
These terms and conditions shall be governed by English law, and shall be subject only to the jurisdiction of the Courts in England and Wales.
If any part of this licence is illegal, or becomes illegal as a result of any change in the law, then that part shall be deleted, and replaced with wording that is as close to the original meaning as possible without being illegal.
Any failure by DGO to exercise its rights under this licence for whatever reason shall not be in any way deemed to be a waiver of its rights, and in particular, DGO reserves the right at all times to terminate this license in the event that you breach paragraph 2 or paragraph 3.
Reliance on posted information
Any materials posted on our site are not intended to amount to advice on which reliance should be placed, for instance videos or instructional material. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
We do not warrant that the site, its content or the server that makes it available are error or virus free or free of other harmful components or that your use of this website will be uninterrupted.
To the extent permitted by law, we, other members of our group companies and any third parties connected to us, hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If you are a California resident you waive California Civil Code §1542
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
Information about you
We collect information about you in accordance with our Privacy Notice and Cookie Notice. By using our site, you accept these Terms of Website Use and to our collection of information about you in accordance with our Privacy Notice and Cookie Notice. You warrant that all data provided by you is accurate, genuine and lawful.
Purchases concluded through our site
Purchases though our site are governed by our Terms and Conditions of Sale.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and other laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our website, or any page within it for personal (non-commercial) reasons, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not reviewed all of these sites and we have no control over the contents of those sites or resources.
We do not endorse or make any representation about them and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Suspension and termination
Immediate, temporary or permanent withdrawal of your rights to use restricted parts of our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs, liabilities and losses on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. You hereby agree to indemnify us in this respect.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Social Media Image Terms
We at DGO love to see pictures of hobbyists enjoying the hobby. Thank you for your interest in submitting your photo, caption and/or other content (collectively, "Photo Materials") for use on the website and social media pages run by PlastikKrak Limited and its affiliates and subsidiaries ("PlastikKrak", “PK's”, "we", "us", or "our").
This is a legal agreement between you and PK's which governs our use of the Photo Materials you submit to us. You should read it carefully. If you do not agree to it, do not submit any Photo Materials to us.
Terms of Agreement
The provision of your Photo Materials to PK's is subject to the terms below, and the PK's Privacy Notice which can be found here (collectively, the "Agreement"). In particular, you agree that we may collect your name, email address, Photo Materials, social media username, social media profile picture thumbnail, and information provided to us by a social media site, to process our use of the Photo Materials and share your information with third parties for their use in providing services to us. If you are not willing to be bound by the terms of the Agreement, please do not submit your Photo Materials.
Where will my Photo Materials and Personal Information be Displayed?
Your Photo Materials will be displayed on the PK's DGO website-s with your social media username and profile picture thumbnail (as long as your social media account is not set as private) alongside it, and these will be featured on our home page, on a gallery of the images and also on the relevant product page if the Photo Materials feature a specific product. By submitting your Photo Materials you acknowledge and permit this use of your username, thumbnail and Photo Materials.
Grant of License to PK's
You hereby represent, warrant and covenant to PK that you own all right, title and interest (including copyright) in the Photo Materials and shall not infringe any third party’s rights whatsoever, including intellectual property rights.
You hereby grant PK a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, royalty-free, worldwide license and right to use, archive, stream, copy, distribute, publish, modify, create derivative works of, and otherwise exploit, in whole or in part, your Photo Materials in any manner or medium now known or hereafter devised. This exploitation may include, without limitation, use of your Photo Materials to endorse PK or third-party products and services. Additionally, you further grant PK a non-exclusive, transferrable, sublicensable, perpetual, irrevocable, royalty-free, worldwide license and right (but not the obligation) to exploit your social media username, social media thumbnail (e.g. a profile picture), and any other materials or information you submit to PK in connection with your Photo Materials.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against PK for its use or exploitation of the Photo Materials or your social media username, or any other materials you submit in connection with your Photo Materials as licensed herein, as well as any claims for moral rights.
You agree that you will not receive any compensation for PK’s exploitation of the Photo Materials and PK has no obligation to use any of your Photo Materials. PK may remove your Photo Materials from the PK's websites or social media sites at any time. PK will not return Photo Materials to you.
Other than as provided in this Agreement, you will retain ownership of all rights in your Photo Materials.
Remember me on this device
The 'Remember Me on this Device' function
When you log in to our website, you will see a 'remember me on this device' checkbox, alongside a brief description of this functionality. Should you tick this checkbox, we will remember part of your account information and what you had in your basket for when you next visit the site on the device and browser you are using when you tick the checkbox. We will still require you to enter your password when accessing sensitive areas of the site, such as your account section, or the checkout process.
We do not recommend, and advise against, using this function when using a shared device or when using a public device, such as you might find at an internet cafe or library. Should you do so, a limited amount of your account information may be accessible to others using that device.
If you do activate the 'remember me on this device' checkbox on a device, and subsequently do not have access to it, your account will remain secure. Other users on that device will not be able to access your detailed account information, or checkout, without entering your password. Please be aware that some browsers and devices may save passwords if you prompt them to, and that if you lose access to a device which you have saved your password on before, we always recommend resetting your password. You can do this in the "My Account" section of the site, after you have logged in, or by using the "Forgotten your password?" functionality on any login page.
Representations and Warranties
You represent and warrant that: (a) you have the full right, power, and authority to enter into and fully perform the terms of this Agreement; (b) you are the sole human subject depicted in the Photo Materials; (c) no persons under the age of eighteen (18) years of age are depicted in the Photo Materials;(d) you own or are authorised on behalf of all applicable rights holders to submit the Photo Materials and make all the grants of rights in this Agreement; (e) your Photo Materials do not contain or link to any malicious code or content of any kind; (f) you have all the applicable rights and authority to grant PK the rights granted herein; (g) you agree to comply with all applicable laws, rules, and regulations, and the terms of this Agreement; (h) your Photo Materials do not contain any material that depicts nudity; is sexually explicit, profane, defamatory, or obscene; pertains to violence, discrimination, or illegal activities; or is offensive, harassing, or threatening; (i) your Photo Materials do not infringe or violate the rights of a third party, including without limitation any intellectual property rights, right of privacy, rights of publicity, or moral rights or any applicable laws or regulations; and (j) your Photo Materials do not contain any trademark, logo, brand name or trade name (or variations or parodies of them) of any company or person other than PK's.
All personal information submitted by you will be processed by us in accordance with our Privacy Notice and Cookie Notice.
You agree to defend and indemnify and hold PK , its affiliates, and sublicensees, harmless from and against all third party claims and all liabilities, losses, costs, or damages resulting from or arising out of (a) your breach of this Agreement; (b) your infringement of the rights of a third party, or (c) the content of your Photo Materials.
To the extent permissible under applicable law, Pk disclaims responsibility for and will not be liable for: (i) technical problems or malfunctions that affect the PK website, social media sites or viewing of the Photo Materials; (ii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received, Photo Materials or data transmissions; (iii) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (iv) any condition beyond PK ’s control.
The marks of any relevant social media sites are the property of their respective companies and the social media sites are not affiliated with PK. Any submission via these or other social media sites are subject to all rules and regulations of such sites. If you choose to submit your Photo Materials using your mobile phone, standard data fees may apply.
This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of England. Any dispute arising from, related to, or connected with this Agreement will be resolved by the Courts of England.
You may not assign this Agreement in whole or in part. This Agreement shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.
This Agreement constitutes the complete and exclusive agreement between you and PK with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.
Jurisdiction and applicable law
To the fullest extent permissible;
If you have any concerns about material which appears on our site, please contact us using the contact details set out here.
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