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Website Terms & Conditions

Welcome to Deascal USA, a part of Ward Commerce Group Limited. This document, the Terms and Conditions (“Terms”), governs your use of our website https://www.deascal.com and the services offered through it. By accessing and using our website, you agree to these Terms, which form a binding legal agreement between you, the user, and Deascal USA. Our website offers a range of products and services, and these Terms provide important information about your rights and obligations, as well as limitations and exclusions that may apply to you as a user. We’ve designed these Terms to ensure a transparent and fair experience for all our users. Please read these Terms carefully. They cover important information about the services provided to you and any charges, taxes, and fees we bill you. These Terms also include information about future changes to these Terms, limitations of liability, privacy information, and dispute resolution.

User Agreement

By accessing, browsing, or using the website https://www.deascal.com, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use or access this website. To use our website and accept these Terms, you must be of legal age in your country of residence. By using this website, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein. Deascal USA reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, Deascal USA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website. You agree to comply with all local, state, national, and international laws and regulations that apply to your use of our website and services. If any portion of our website requires you to create an account, you must complete the registration process by providing current, complete, and accurate information as prompted by the registration form. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. By accepting these Terms, you acknowledge that you understand your rights and obligations and agree to abide by the rules and regulations set forth in these Terms and Conditions.

Intellectual Property Rights

All content on https://www.deascal.com, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Deascal USA or its content suppliers and is protected by international copyright and intellectual property laws. Deascal USA retains all rights, title, and interest in and to the website and its content. The content on the Deascal USA website is provided for informational and personal use only. It may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Deascal USA or the rightful owner of such content, as applicable. The Deascal USA name and logo, and all related product and service names, design marks, and slogans are the trademarks or service marks of Deascal USA or its affiliates or suppliers. You are not authorized to use any such marks without the prior written permission of Deascal USA. Regarding user-generated content published on this website, you grant Deascal USA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to ip@deascal.com, providing a detailed description of the alleged infringement.

Use of the Website

By using the Deascal USA website, you agree to comply with these Terms and all applicable laws and regulations in connection with your use of the website. Prohibited Activities You are prohibited from engaging in any activity that Deascal USA deems inappropriate or which is unlawful or prohibited by any laws applicable to this website, including but not limited to:
  • Any act that would constitute a breach of either the privacy (including uploading private information without the individual’s consent) or any other of the legal rights of individuals;
  • Using this website to defame or libel Deascal USA, its employees, or other individuals or acting in such a way that brings into disrepute the good name of Deascal USA;
  • Uploading files that contain viruses that may cause damage to the property of Deascal USA or the property of other individuals.
You agree not to use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way. You understand that you, and not Deascal USA, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. If any part of the website requires you to create an account, you must treat such information as confidential, and you must not disclose it to any third party. Deascal USA has the right to disable any user identification code or password, whether chosen by you or allocated by Deascal USA, at any time, if in Deascal USA’s reasonable opinion you have failed to comply with any of the provisions of these Terms. Deascal USA reserves the right to make changes or updates to the website, its content, or the services offered at any time without notice.

Product Purchase and Usage

Deascal USA endeavors to provide accurate and up-to-date information about its products on the website. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. When you place an order through https://www.deascal.com, you must provide complete and accurate information as requested in the order form. Submission of an order constitutes your agreement to be bound by these Terms of Purchase. All prices are listed in $USD. Deascal USA reserves the right to change prices for products displayed on the website at any time. Payment must be received by Deascal USA before acceptance of an order. We accept payment through methods specified on the website. Deascal USA will ship the product(s) ordered to the address provided in the order. We aim to dispatch products within the timeframe specified on the website but do not guarantee delivery times. Customers are responsible for using Deascal USA products in accordance with the instructions provided, including any precautions and restrictions. Deascal USA is not liable for negative consequences resulting from improper use of products. If you are not satisfied with your purchase, Deascal USA’s return policy as stated on the website will apply. Refunds or exchanges are subject to our terms and conditions regarding returns.

Third-Party Websites and Content

The Deascal USA website may include links to external websites that are not provided or maintained by or in any way affiliated with Deascal USA. These links are offered for your convenience to provide further information. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Deascal USA makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on these external websites. Deascal USA is not responsible for the contents of any linked site or any link contained in a linked site, nor does it imply endorsement or any affiliation with the linked site. Users should exercise caution and look at the privacy statement applicable to the website in question. Deascal USA advises users to be aware that when they leave our website, other sites may have different privacy policies and terms which are beyond our control. Any mention of third-party products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation by Deascal USA. Deascal USA assumes no responsibility for those products or services.

Abuse and Nuisance Behavior

Deascal USA is dedicated to maintaining a respectful and safe environment for both our customers and staff. We expect all interactions with our team and on our website to be conducted in a courteous and professional manner. Prohibited Behaviors: The following actions constitute abuse or nuisance behavior and are strictly prohibited:
  • Harassment, intimidation, or threats towards Deascal USA staff or other customers.
  • Use of offensive language, including profanity, discriminatory remarks, or derogatory comments.
  • Spamming, including excessive messaging or ticket submission.
  • Misleading or fraudulent activities directed at Deascal USA or its employees.
  • Attempts to blackmail or coerce Deascal USA or its representatives.
Three Strike Rule:
  • First Offense: Upon the first instance of abusive or nuisance behavior, the offender will receive a warning and be directed to this policy.
  • Second Offense: A second instance will result in a formal notice, indicating that any further abuse will lead to termination of communication.
  • Third Offense: Should the behavior persist, Deascal USA will cease all communication with the individual indefinitely.
Deascal USA reserves the right to terminate or restrict communication with any individual deemed to be engaging in abusive or nuisance behavior, in accordance with this policy. Customers are encouraged to report any instances of abuse or nuisance behavior they experience or witness in relation to Deascal USA services.

Limitation of Liability

Deascal USA shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use or inability to use the website or products. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Deascal USA has been advised of the possibility of such damages. While Deascal USA strives to ensure the quality and safety of its products, it is not liable for any harm resulting from the misuse of products, unauthorized modifications, improper storage, or use beyond the stated shelf life. In any event, Deascal USA’s maximum liability to you for any damages arising from or related to your use of the website or any product purchased through the website shall be limited to the amount you paid for the product or service. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you in such jurisdictions. Deascal USA will not be responsible for any indirect or consequential loss or damage incurred by any user in connection with our website, or in connection with the use, inability to use, or results of the use of our website, any websites linked to it, and any materials posted on it.

Indemnification

As a user of the Deascal USA website, you agree to indemnify, defend, and hold harmless Deascal USA, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the website from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account. This indemnification includes, but is not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees of every kind and nature. In such a case, Deascal USA will provide you with written notice of such claim, suit, or action. You are responsible for your actions when using the Deascal USA website and for any content you post or transmit. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all liabilities, costs, and expenses (including attorneys’ fees) arising from that disruption.

Dispute Resolution

Any disputes, controversies, or claims arising out of or relating to your use of the Deascal USA website, any purchases you make, or any aspect of your relationship with Deascal USA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration Process: The arbitration will be conducted in the United Kingdom. The arbitration will be conducted under the rules then prevailing of The London Court of International Arbitration. There will be no judge or jury in arbitration, and court review of an arbitration award is limited. To the fullest extent permitted by applicable law, all arbitration proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. Any claim or dispute must be filed within one year after such claim or dispute arose or be forever barred. These terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the United Kingdom.

Amendments to Terms and Conditions

Deascal USA reserves the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Whenever significant changes are made to these Terms and Conditions, we will endeavor to notify you through a notice on our website or via email if you have registered an account with us. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you do not agree to the new terms, you should stop using the Deascal USA website. A history of amendments or changes to these Terms and Conditions will be maintained by Deascal USA for your reference.

Governing Law and Jurisdiction

These Terms and Conditions and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes related to these Terms and Conditions, your use of the website, or any products purchased from Deascal USA shall be subject to the exclusive jurisdiction of the courts of the United Kingdom. We make no promise that materials on the Deascal USA website are appropriate or available for use in locations outside the United Kingdom, and accessing the website from territories where its contents are illegal or unlawful is prohibited.

Severability

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and Deascal USA and govern your use of the Service, superseding any prior agreements between you and Deascal USA (including, but not limited to, any prior versions of the Terms and Conditions).

Entire Agreement

These Terms and Conditions, together with any policies or operating rules posted by us on this website or in respect to the Service, constitute the entire agreement and understanding between you and Deascal USA. This agreement governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Contact Information

For more information about our Terms and Conditions, if you have questions, or if you would like to make a complaint, please contact us by e‑mail, or by mail using the details provided below: Ward Commerce Group Limited T/A Deascal USA 26 Middleham Close, Chester le Street, United Kingdom, DH2 1TA. We welcome your feedback and suggestions about our Terms and Conditions. Please feel free to contact us with any comments or improvements.

Acknowledgement and Acceptance of Terms

By using our website and engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This acknowledgment constitutes a legally binding agreement between you and Deascal USA, effective as of the first date of your use of the service. Your continued use of the website and/or services signifies your acceptance of any adjustments to these Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically and be aware of modifications. If you do not agree with any part of these terms, or if you have any questions regarding the terms, you should contact Deascal USA before proceeding with the use of the website. By accessing and using the Deascal USA website, you signify your acceptance and compliance with these Terms and Conditions. If you do not agree to abide by these terms, please do not use or access the website and its services.

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