Terms and Conditions
1 Introduction
The owner of this website (the “Site”) is Beckford Ventures Limited trading as “Dyuce” (variously referred to as “Dyuce,” “We” or “Us”). Beckford Ventures Limited is a Company registered in Ireland under the provisions of the Companies Act 2014. Our Company registration number is 714962 and our registered office is at 9 Aideen Avenue, Kimmage, Dublin 6W, Ireland.
As used in these terms and conditions (“Terms and Conditions”) the terms “you” or “your” refers to you, your representatives, successors and assigns and affiliates, and any of your or their devices.
Please read these Terms and Conditions very carefully before using the Site or the Services provided by Dyuce. Visiting the Site , registering with Dyuce to access the Services or using the Services indicates that you accept these Terms and Conditions. If you do not accept these Terms and Conditions, please do not use this Site, register for, or participate in, any Dyuce Services.
If you are under eighteen, you may use our Site and register for our Services only with the involvement of a parent or guardian.
We reserve the right to amend these Terms and Conditions at any time. Updated Terms and Conditions will be posted on the Site as soon as practicable after they have been updated. Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Site in any way, your only recourse is to immediately discontinue to access or use this Site.
2 Key Terms related to Content
"Content" - refers to any text, documentation, graphics, images, software, audio, video, information or other materials accessible via the Site or provided as part of the Services.
"The Dyuce Content" - refers to all Content that Dyuce makes available through the Site, or as part of the Services, but excludes Subscriber Content. All Dyuce Content including but not limited to text, graphics, logos, button icons, any course materials, images, and audio clips, digital downloads, data compilations, as provided to you, and software, is the property of Dyuce or its content suppliers and is protected by international copyright laws.
"Services" refers to the provision of a collection service for used tennis balls to be recycled by Us via the Site.
"Subscriber" refers to a person or tennis club who has successfully completed the registration process via the Site to access the Services.
"Subscriber Content” refers to all content that a Subscriber uploads, publishes, submits or transmits to be made available through the Site, Application or Services. If there is a conflict between these Terms and Conditions and the terms and conditions posted for a specific area of the Site, Services or Dyuce Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services or Dyuce Content.
3 Privacy
Please review our Privacy Policy at this link [insert link] to understand how we collect, store, use and protect your personal information.
4 Electronic Communications
When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5 Scope of Service and our Obligations to you
The Services provided by Dyuce include a tailored tennis ball pick up schedule for each tennis club or individual who registers as a Subscriber according to the Subscriber’s needs based on the information provided by the Subscriber.
By registering as a Subscriber, each Subscriber agrees that all right, title, and interest in the tennis balls collected by Dyuce then vest in Dyuce.
We undertake that the Services will be performed substantially with reasonable skill and care. However, this undertaking shall not apply to the extent of any nonconformance which is caused by use of the Services contrary to our instructions, or modification or alteration of the Services by any party other than Dyuce or Dyuce’s duly authorized contractors or staff.
The Dyuce does not warrant that: -
the Services and/or any Dyuce Content provided as part of the Services will meet the Subscriber's requirements;
the Site, the Services or any Content contained therein will be uninterrupted or error-free;
the Site, the Services or the servers hosting them are free of viruses or other harmful code; or
the Site, the Services or any Content available via the Site and / or the Services will continue to be available.
Dyuce provides Services to multiple Subscribers and nothing in these Terms and Conditions shall prevent us from doing so.
Dyuce warrants that it has and will maintain all licenses, consents, and permissions necessary for the performance of its obligations under these Terms and Conditions.
6 Accessing the Services
Registration: In order to access the Services via this Site you must register to become a Subscriber.
To register to become a Subscriber you must provide Dyuce with information about yourself/your tennis club (and representative of the tennis club) via the registration form on the Site. Dyuce's use of this information is set out in Dyuce's Privacy Policy which can be found [here]. You must provide true, accurate, current and complete information about yourself or your tennis club (and representative of the tennis club) when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not such, Dyuce reserves the right to cancel your Subscription and refuse any and all current or future use of this Site.
Registration requires a valid email address (which will serve as your Subscriber name) and a unique password. Please create a secure password by using a combination of upper case and lower case letters, numbers, and symbols. Avoid choosing obvious words or dates such as a nickname or your birth date. Please use maximum caution to keep your Subscriber name and password confidential and log-off from the Site when your session is complete to prevent unauthorized access to your information.
Dyuce will send a verification email to the email address provided by you at registration containing a link which you must click within a certain period of time. Once you verify your email address by clicking this link in the verification email sent by Dyuce, you will become a registered Dyuce Subscriber and will, conditional on your payment of the relevant fees, be able to access the Services available via the Site. If you fail to verify your email address within the prescribed time period your account will be deemed inactive and you will be unable to access the Services through the Site.
Security Matters: If your Subscriber name or password is subject to unauthorized access, you should immediately inform Dyuce. You must not disclose your Subscriber name or password to anybody. Any unauthorized use of either of them must be reported via the contact form as soon as you are aware of such use and Dyuce will, as soon as reasonably possible, cancel your Subscriber name and/or password and issue new ones to you.
Dyuce may, for security or other reasons, require you to change your Subscriber name and/ or password or other information which facilitates access to the Site or the Services. Dyuce reserves the right to cancel your Subscriber name and password without notice if Dyuce becomes aware of any breach of these Terms and Conditions by you.
If you use this Site, you are responsible for maintaining the confidentiality of your Subscriber name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Dyuce account or password.
Fees and Payments: All Services provided will incur fees depending on the Services purchased.
Fees for the Services for which you register are payable upon registration and thereafter at the point of each collection order. Dyuce will continue to take payments at the commencement of the annual subscription period until you cancel your subscription. You will be notified 30 days in advance of your next annual subscription payment which will be automatically deducted from your account unless you give notice to Dyuce of your intention to cancel your subscription.
To make a payment for Services you will be redirected to the website of our payment partner, Stripe. No payments will be paid directly through the Site and therefore Dyuce will not ask for or hold any of your payment details.
Payments will be payable in Euros, USD, or GBP, depending on your geographical location. You are responsible for paying all fees associated with Using the Services and the Site together with all applicable taxes.
Our policy in the event of failed credit / debit card charges is as follows: if a card fails, we will retry to take the payment up to four (4) times within one week. If the payment is still unsuccessful then we will cancel your purchase of the Services. A notification email will be sent to the email address you provided at the time you registered to become a Subscriber each time an attempted charge fails.
You hereby accept that we may suspend provision of the Services to you if you fail to make the required payments on time and in full in accordance with these Terms and Conditions.
Dyuce reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Confirmation of Purchase: an email confirming the Services you have purchased will be sent to the email address you provided at registration detailing the Services purchased and the fees paid.
Subscription Termination: You may cancel your Subscription at any time. Your cancellation will not take effect until the end of your current annual subscription period. Cancellation will take effect from the subscription billing period date and you will not be entitled to any refund for any annual Subscription fee already paid.
Without prejudice to any remedy that Dyuce may have against you, we may terminate or suspend with immediate effect and without notice your access to and use of the Site and the Services if:
We do not receive payment according to the subscription billing periods;
We reasonably believe that you have breached any of these Terms and Conditions;
We are unable to verify the accuracy or validity of any information provided by you, or we suspect fraudulent, abusive or illegal activity by you.
Cancellation of your subscription for Services by either party shall not act as a waiver of any breach of these Terms and Conditions and shall not act as a release of either party from any liability for breach of such party’s obligations under these Terms and Conditions. Neither party shall be liable to the other for damages of any kind solely as a result of the cancellation of your subscription for Services in accordance with these Terms and Conditions, nor shall such cancellation be without prejudice to any other right or remedy of such party under this Agreement or applicable law.
7 Legal Complaints
We respect your data protection rights. If you believe that your rights have been infringed please proceed as set out in our Privacy Policy. If you have any other legal complaint please contact us.
8 Third Party Content
We may occasionally provide third-party content or links to third-party websites as part of the Services. We do not necessarily endorse or evaluate third-party content and websites, and we do not assume responsibility for third parties’ actions or omissions. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are not those of Dyuce, but are those of the respective author(s) or distributor(s). The content does not necessarily reflect the views, policies or practices of Dyuce, or its agencies, officials or employees. You should review third parties’ terms of use and privacy policies before you use their services.
9 Confidentiality
You understand and acknowledge that all Dyuce Content as provided to you as part of the Services is our property and you agree that such content shall be confidential as between you and us and you further agree that you will not disclose such content to any third party without our express written permission.
10 Fair Usage Policy:
Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities; Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Dyuce and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Violate any person's or entities legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful code; Advertise or promote goods or services without our permission (including, without limitation, by sending spam); Interfere with others using the Services or otherwise disrupt the Services;
Transmit, collect, or access personally identifiable information about other Subscribers without the consent of those Subscribers and Dyuce;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another Subscriber’s account or information, or allow anyone else to use your account or access credentials. or
Sharing incorrect information about you while registering to this website.
11 Risk of Loss:
Dyuce supplies the Services for commercial or individual use only. The Subscriber shall be solely and only responsible for any risk, generally or specially attributable, due to the Services performed by Dyuce. The Subscriber hereby accepts any and all kinds of material losses or detriment due to the outcome of use of this Site or the Services.
12 Indemnity
You hereby indemnify Dyuce and undertake to keep Dyuce indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Dyuce to a third party in settlement of a claim or dispute on the advice of Dyuce's legal advisers) incurred or suffered by Dyuce arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
13 Applicable Law
These Terms and Conditions shall be made subject to the laws of Ireland which shall exclusively govern the interpretation, application and effect of all permissions, exclusions, licenses, policies, and conditions of use set out in this website. The courts of Dublin, Ireland shall have exclusive jurisdiction in respect of any actions or claims under these terms of use and you hereby consent and submit to the personal jurisdiction of such courts, provided that nothing herein shall prevent the application and enforcement of mandatory and applicable law. Both parties also consent to the admissibility of electronic evidence before the Courts of Ireland.
14 Disputes
Any dispute relating in any way to your visit to the Site or your use of the Services shall be submitted to confidential arbitration in Dublin, Ireland except that, to the extent you have in any manner violated or threatened to violate Dyuce’s intellectual property rights, Dyuce may seek injunctive or other appropriate relief in any court within Dublin, Ireland and you consent to exclusive jurisdiction and venue in such courts.
Site Policies, Modification, Severability and Assignment
These Terms and Conditions and the other policies posted on this Site constitute the entire Agreement between you and Dyuce. We reserve the right to make changes to the Site, these Terms and Conditions and any other of our policies at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. We may transfer or assign the contractual agreement between you and Us pursuant to these Terms and Conditions to someone else.
15 Contact
If you have any queries you can contact us at info@dyuce.com