This Agreement is between DB Cargo (UK) Ltd ("DB Cargo") and the visitor to our Website (referred to as "you" or "your" in these terms and conditions)
Terms and Conditions for Access and Use of this Website
1. Acceptance of terms
Your access to and use of DB Cargo in the UK and/or other websites provided by DB Cargo ("the Website") is subject exclusively to these terms and conditions. You will not use the Website or any purpose that is unlawful or prohibited by these terms and conditions. By using this Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website.
The content contained within this Website is to the best of our knowledge accurate and reflective of the services offered by DB Cargo. However, the content of this Website should not wholly be used or relied upon in making, or refraining from reaching, any decision by you.
3. Changes to the Website
DB Cargo reserves the right to:
3.1 change or remove (temporary or permanently) the Website or any part of it without notice and you confirm that DB Cargo shall not be liable to you for any such change or removal; and
3.2 change these terms and conditions at any times; and
3.3 your continued use of the Website following any changes shall be deemed to be your acceptance of any changes.
4. Links to Third Party's websites
This Website may from time to time include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites by DB Cargo and you acknowledge and agree that DB Cargo is not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks, database rights, and all other intellectual property rights in the Website and its content (including without limitations the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to DB Cargo or otherwise used by DB Cargo as permitted by law. You may not exploit, use, link to, frame or reproduce copyright material, trade marks or other intellectual property rights of DB Cargo or its licensors without the prior written consent of DB Cargo or its licensors.
5.2 In accessing the Website, you agree that you will access the content solely for your personal use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes downloading, copying and/or printing of pages of the Website for personal non-commercial use.
6. Disclaimers and limitation of liability
6.1 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Although DB Cargo takes reasonable steps to ensure that the Website is free from computer viruses, this cannot be guaranteed and you should always check for viruses before downloading and/or accessing or using the Website.
6.2 To the extent permitted by law, DB Cargo will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Subject to clause 6.4 below, under no circumstances shall DB Cargo's liability for any claims hereunder exceed the prices paid by you for any goods and services supplied via the Website.
6.3 DB Cargo makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected of that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of DB Cargo for death of personal injury as a result of the negligence of DB Cargo or of that of its employees or agents.
You agree to indemnify and hold DB Cargo and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against DB Cargo arising out of any breach by you of these terms and conditions or any other liabilities arising out of your use of this Website. DB Cargo shall be entitled to terminate your use or access to the Website or any part of it in its sole discretion including, without limiting its rights in any way, for over use or abuse.
If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9. Use of your information
You agree to use of your information in accordance with the terms of our privacy statement.
10. Terms and conditions of purchase
The e-commerce terms and conditions govern purchases made via the Website.
11. Entire Agreement
These terms and conditions set out the entire terms agreed between us for your use and access of the Website.
12. Who we are
This Website is owned and controlled by DB Cargo (UK) Ltd whose registered office is at:
Lakeside Business Park, Carolina Way, Doncaster DN4 5PN
The company registration number is 02938988
13. Governing Law
These terms and conditions shall be governed by and constructed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
WEBSITE CONTENT DISCLAIMER
DB Cargo (UK) Ltd, Lakeside Business Park, Carolina Way, Doncaster DN4 5PN ("DB Cargo") is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition DB Cargo makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of DB Cargo howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
Neither DB Cargo nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit DB Cargo liability to you for death or personal injury resulting from our negligence or that of our employees or agents.