C. General
1. Service Access
1.1 EDW may amend the Services on reasonable notice, including in response to changes in law or regulations, for maintenance purposes or for general development of the Services. If you take no action within 30 calendar days of us telling you about the changes you will be considered to have accepted those changes. EDW will specifically notify you about this consequence by means of a communication of the respective change. EDW shall use reasonable endeavours to ensure that the Services are available at all times, subject to routine maintenance (which shall be notified to you no less than 24 hours in advance).
1.2 EDW shall provide the Services with reasonable care and skill and in accordance with generally recognised commercial practices and standards.
1.3 EDW aims to update the Converter on a regular basis and may change the underlying software or system architecture at any time provided that no such updates or changes shall materially diminish the current functionality of the Converter. If the need arises, EDW reserves the right to suspend access to the Converter, upon reasonable prior written notice to you.
1.4 If you are provided with a user identification code, password or any other piece of information as part of EDW’s security procedures, such user details are provided by EDW for exclusive use by the respective named user and you must treat such information as confidential and not disclose it to any third party, except to the service providers.
1.5 You are responsible for all activities that occur under your personal account, regardless of whether the activities are undertaken by you, your employees or any third party (including your contractors and agents) and, except to the extent caused by EDW´s breach of these Terms and Conditions, EDW is not responsible for unauthorised access to your account. You are responsible for deleting your account if you believe that an unauthorised third party may be using your account or if the account information is lost or stolen.
2. Security
2.1 You shall make all arrangements necessary for you to have access to the Converter. You also shall ensure that all persons who access the Converter through your internet connection or otherwise on your behalf are aware of these Terms and Conditions and comply with its relevant provisions as if they were party to it in your place.
3. Intellectual Property
3.1 All rights in the Converter, unless otherwise indicated, are owned either by EDW or by its licensors. The Converter, unless otherwise indicated, is protected by copyright in Germany and other jurisdictions across the world.
3.2 All trademarks and devices displayed on the Converter, unless otherwise indicated, are owned by EDW and may be registered in many jurisdictions across the world. Save as provided in these Terms and Conditions any use or reproduction of these trademarks and/or devices owned by EDW or its licensors is prohibited.
3.3 You will own all rights in the files that you upload for conversion and in the output that you derive from the conversion.
4. Liability of EDW
4.1 EDW makes no representations or warranties, express or implied, to you or any other person or entity as to the accuracy, results, timeliness, completeness, merchantability or fitness for any particular purpose of the Services or any results, data or information provided in connection therewith.
4.2 To the extent permitted by law and subject to paragraph 4.3 below, EDW hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity or otherwise, and any liability, whether arising in contract, tort (including negligence), for breach of statutory duty or otherwise.
4.3 Nothing in this Agreement shall limit your or EDW’s liability for death or personal injury arising from EDW’s negligence, nor EDW’s liability for fraud or fraudulent misrepresentation, nor any breach by EDW of the terms implied by section 2 of the Supply of Goods and Services Act 1982 or section 12 of the Sale of Goods Act 1979, nor any other liability which cannot be excluded or limited under applicable law.
5. Data Protection
5.1 Where the processing of your personal data is necessary for the performance of the agreement, EDW will process these data as data controller only to the extent strictly required by the contractual relationship between the parties. EDW’s Privacy Policy is available at https://eurodw.co.uk/privacy-notice/.
6. Viruses, Hacking and Other Offences
6.1 You must not misuse the Converter by knowingly introducing viruses, ‘trojan horses’, worms, logic bombs or other material which is maliciously or technologically harmful. You must not attempt to gain unauthorised access to the Converter, the server on which the Converter is stored or any server, computer or database connected to the Converter. You must not attack Converter via a denial-of-service attack or a distributed denial-of-service attack.
6.2 By breaching paragraph C.6.1, you may commit a criminal offence. EDW may report any such breach to the relevant law enforcement authorities and EDW may co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use the Converter will cease immediately.
6.3 EDW does not warrant that the Converter or any material of whatsoever nature available on or downloaded from it will be free from viruses or defects, compatible with your equipment or fit for any purpose. It is your responsibility to use suitable anti-virus software on any software or other material that you may download from the Converter and to ensure the compatibility of such software or material with your equipment and software.
6.4 Notwithstanding paragraph C.6.3. above, EDW will take commercially reasonable measures (including the use of suitable virus-screening programs) to prevent any distribute denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Converter or your downloading of any information posted on the Website, or on any website linked to it.
7. Force Majeure
7.1 If a party (the “Affected Party“) is prevented, hindered or delayed from or in performing any of its obligations under this agreement (other than a payment obligation) by a Force Majeure Event:
7.1.1 the Affected Party’s obligations under this agreement are suspended while the Force Majeure Event continues and to the extent that it is prevented, hindered or delayed;
7.1.2 as soon as reasonably possible after the start of the Force Majeure Event the Affected Party shall notify the other Party in writing of the Force Majeure Event, the date on which the Force Majeure Event started and the effects of the Force Majeure Event on its ability to perform its obligations under this agreement; and
7.1.3 the Affected Party shall use its reasonable endeavours to mitigate the effects of the Force Majeure Event on the performance of its obligations under this agreement.
7.2 If the Force Majeure Event continues for more than one calendar month, either Party may terminate this Agreement by at least 30 calendar days’ notice to the other Party.
7.3 For the purposes of this agreement, “Force Majeure Event” means an event beyond the reasonable control of the Affected Party including (without limitation) any strike, lock-out or labour dispute (not involving employees of the Affected Party), act of God, disease, war, riot, civil commotion, malicious damage, accident, fire, flood and storm.
7.4 A Force Majeure Event will not arise due to:
7.4.1 fraudulent, intentional and grossly negligent breaches of duty or behaviour by a party; or
7.4.2 injury to life, limb or health.
8. Amendments
8.1 EDW may amend the policy in paragraph D at any time:
8.1.1 by notice to you with immediate effect, if EDW reasonably considers it necessary to make the amendment urgently in order to address a change in law or regulation or a serious security or other technical threat to the Converter; or
8.1.2 otherwise, by at least 30 calendar days’ notice to you.
9. Notices
A notice under or in connection with this agreement shall be in writing, in English and delivered personally or sent by post (and by airmail if sent internationally) or email to the Party due to receive it to enquiries@eurodw.co.uk.
10. Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
11. Jurisdiction and Applicable Law
11.1 The courts of England shall have exclusive jurisdiction over any claim arising from, or related to, the use of the Converter or these Terms and Conditions.
11.2 These Terms and Conditions and any dispute or claim arising out of or in connection with it shall be governed by English law.
