- Background to These Terms of Service
o Please read these terms carefully. Please review these Terms of Service carefully and make sure that you understand them before using the Website.
o Legally binding. These Terms of Service constitute a legally binding agreement between you and us.
o Acceptance. By accessing this Website, you agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you are not permitted to use the Website, and you should cease using the Website immediately.
o Consumers only. The Products and other services offered on this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms of Service, you promise to us that you are a consumer and not acting in the course of a business.
o Termination. Dagosun may change or discontinue the availability of the Website and at any time without prior notice.
When we use certain capitalised words in these Terms of Service, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. you will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).
o “Account” means your account on the Website, which is created when you register with us by completing the registration process on the Website.
o “Order” means your order for the purchase of Products from us that you place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.
o “Products” means the goods offered by us via the Website from time to time.
o “Terms of Service” means the terms and conditions set out on this page.
o “Website” means hentsame.xyz/dagosuncom (including its subdomains), and any other associated interfaces, applications or websites owned or operated by Dagosun from time to time.
o “you” and “your” means an end-user of the Website.
- Our Right to Vary These Terms of Service
o Changes to these Terms of Service. From to time to time, we may make changes to these Terms of Service. If we do so, we will: (i) post those changes in an updated version of these Terms of Service on the Website; and (ii) where we consider the changes will materially or adversely affect you or your rights, notify you of such changes via email (where possible).
The latest version of these Terms of Service applies. Your use of the Website will always be subject to the latest version of these Terms of Service, which you can find at any time on this page. It is your responsibility to check this page periodically for changes.
- Our Contact Details
o How to contact us. You can contact us by writing to: [email protected]/dagosuncom
o How we may contact you. If we have to contact you, we may do so by email to the address you provided when you went through the checkout process on the Website or that is registered on your Account from time to time.
- Placing Orders
o Terms of Sale. Our Terms of Sale apply any time you place an Order on our Website.
o Account creation. Although you can go through the order process as a guest, you may choose to register for an Account. In that case, you will have to provide certain information about yourself as prompted during the account registration process on the Website.
o Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
o You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your username and password).
o Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
- Your Conduct
o No harmful material. By downloading and/or using the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
o Keep your details confidential. You agree and undertake to keep the username and password for your Account confidential, not to disclose your password to any other person, and not to permit any other person to log in to the Website using your username and password.
o No interference. You agree not to interfere with the servers or networks connected to the Website, or otherwise jeopardise the correct functioning of the Website.
o Other restrictions. You agree not to:
o attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
o attempt to gain access to secured portions of the Website to which you do not possess access rights;
o impersonate any other person while using the Website;
o conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
o resell or export the software associated with the Website;
o use the Website for any illegal purposes;
o use the Website to generate unsolicited advertisements or spam; or
o use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
In providing you with access to the Website and permitting you to place Orders for Products via the Website, Dagosun reserves the following rights (and in accessing, browsing or otherwise using the Website and/or placing any Order via the Website, you agree that Dagosun will have the following rights):
o the right to refuse or withdraw your access to the Website in accordance with applicable laws (with or without notice) if we judge that you to have violated or breached any of these Terms of Service;
o the right to remove or amend any Products from the Website without giving you notice or any reason;
o the right to amend or update the Website, prices of any Products, and available payment methods from time to time; and
o the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct (whether in using the Website, placing an Order for any Products or otherwise) is or may be unlawful.
- Intellectual Property
o Licence. Subject to these Terms of Service (in particular, the restrictions outlined in the previous section), Dagosun grants you a licence to use and access the Website on the basis that this licence is:
o not a commercial licence – you can only access and use the Website for your own personal, non-commercial uses (i.e. not for any business purposes);
o non-transferable – you can’t pass this right to someone else;
o non-exclusive – other people can access and use the Website;
o revocable – we have the right to remove your ability to use the Website; and
o limited – the licence does not extend beyond what has just been described
o Ownership. Dagosun and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.
o Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by us above. We reserve the right to terminate that limited licence without notice at any time following an unauthorised use by you of the Website.
o All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Dagosun’s property or the property of certain other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party as may own the relevant Marks.
- Your Content
o Feedback and reviews. If, at any time, you send to us any feedback, reviews, creative ideas, suggestions, proposals, plans or other materials, whether through the Website, via email, by postal mail or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such content without any compensation to you.
o Publishing your reviews. In particular, by submitting any feedback or reviews to us, you agree that we may publish such feedback or reviews on our Website, on Product-specific pages and/or on advertising content displayed on third party sites, without seeking your prior consent. Where we do so, we may attribute your feedback or review to your first name, but will always ensure that you are not identified by your full name or any other identifiers.
- Our Liability
o We are responsible to you only for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Service, we are only responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of our breaching these Terms of Service or failing to act with reasonable care and skill.
o What we do not exclude. Nothing in these Terms of Service will limit or exclude our liability for:
o death or personal injury resulting from our negligence;
o fraud or fraudulent misrepresentation;
o your key legal rights as a consumer in connection with your purchase of Products; and
o any other liability that cannot be excluded or limited by applicable law.
o We are not liable for business losses. This Website and the Products are only for domestic and private use. If you use the Products for any commercial, business or re sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
o Do not rely on information available on our Website. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
o We are not liable for events outside our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control. Our performance of our obligations under these Terms of Service is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms of Service may be performed despite the Force Majeure Event.
o We are not liable for Product unavailability. In case of unavailability of Products before or after you place an Order, we will not be liable for any loss you suffer nor liable to you for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by applicable law. We also reserve the right to limit the sale of certain Products to specific countries or regions.
o Website provided ‘as is’ and ‘as available’. We provide the Website to you ‘as is’ and ‘as available’. To the fullest extent permitted by applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement. In particular, we do not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free.
o Your indemnification. To the fullest extent permitted by applicable law, you agree to indemnify us, defend us and hold us harmless against any claim or demand by any third party resulting from, or arising out of, your breach of these Terms of Service.
o We are not responsible for websites we link to. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
o Disputes. These Terms of Service are governed by US law and we both agree to submit to the non exclusive jurisdiction of the US courts. If you are a resident of a country in the European Economic Area (EEA), you may bring a claim to enforce your consumer protection rights in connection with these Terms of Service in England or in the EEA country in which you live.
o Nobody else has any rights under these Terms of Service. These Terms of Service are between you and us, and no other person will have any rights to enforce any of the relevant terms.
o Even if we delay enforcing our rights under these Terms of Service, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms of Service, or if we delay taking steps against you in respect of your breaching these Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
o If a court finds part of these Terms of Service illegal, the rest will continue in force. Each of the sections of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
o Dagosun may transfer its rights under these Terms of Service to someone else. Dagosun may transfer its rights and obligations under these Terms of Service to another organisation – for example, this could include another member of Dagosun’s group of companies or someone who buys its business. We will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms of Service.
o Personal agreement. The agreement formed under these Terms of Service is personal to you, and you cannot transfer any of your rights under them to any other person without our prior express written consent.
o Email counts as ‘in writing’. When we use the words “writing” or “written” in these Terms of Service, this includes emails. For contractual purposes, you: (i) consent to receiving communications from us by email; and (ii) agree that all communications that we provide to you by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.