Terms of Service

The following Terms form the agreement on which the OPS Service is provided to Users and Nominees by DDB International Limited.
  • Definitions

‘DDB’ means DDB International Limited

‘OPS Service’ means the data storage facility offered by DDB through the OPS App

‘OPS App’ means the app of that name owned by DDB and accessed through this website or directly from app databases.

‘User’ is a person using the OPS Service having signed up to it and paid the appropriate fee.

‘Nominee’ is a person or entity nominated by a User to have read only access to all or part of a User’s data stored via the OPS App. A Nominee
ceases to be a Nominee when a User discontinues whether or not voluntarily, its use of the OPS Service.

  • Users and Nominees who are granted the right to use the OPS Service do so on these Terms.

  • Copyright in the OPS App is owned by or licensed to DDB and no licence is granted to Users, Nominees or third parties except as provided
    in these Terms.

Copyright attaches inter alia to the machine code, source code and design of the OPS App.

DDB grants a licence to Users and Nominees to use the OPS App. solely for the purposes required to use the OPS Service but not otherwise.

  • In using the OPS Service, Users and Nominees should comply with all legal requirements of the jurisdiction in which they reside but must
    undertake to comply with the laws of England and Wales which shall have precedence in the event of any conflict of law.

DDB reserves the right to cancel without any refund, the right of a User or Nominee to use the OPS Service in the event the User or Nominee is in
breach of these Terms, whether or not such breach is material. DDB shall notify the User or Nominee of the breach.

DDB reserves the right to cancel the right of a User or Nominee to use the OPS Service without disclosing any reason and in such circumstances
shall refund the fee paid for the period in which the cancellation is effected.

In the event of cancellation by DDB whether or not for cause, DDB shall give the User reasonable opportunity to download its stored data.

  • DDB shall use its reasonable endeavors to provide the OPS Service efficiently and securely but to the full extent provided by law, shall not
    be liable in any event to Users or Nominees or any party having access to the OPS Service for any loss and damage whether financial or
    otherwise and whether arising in tort, contract or any other theory of law and including loss and damage due to negligent acts or omissions,
    noting that the fees for usage are minimal having regard to potential loss.

  • Security : the OPS App has been designed to meet industry standard security measures. These are fully described in the webpage herein headed ‘Security’.

  • In the event the OPS Service is interrupted for any reason DDB shall use its reasonable endeavours to notify Users of the interruption and cause and advise when normal service might be resumed.

DDB will advise Users in advance of planned interruptions for maintenance.

  •  DDB may from time to time make modifications to these Terms and shall provide 30 days notice to Users of such modifications. Users must
    advise their Nominees if they may be affected.

  •  Failure by DDB to enforce any of these Terms shall not constitute a waiver.

  • DDB may at any time assign the agreement constituted by these Terms to another party and shall advise Users of such assignment.

  • These Terms constitute the entire written agreement between DDB and its Users and Nominees.

  • In the event a User or Nominee wishes to dispute with DDB any matter arising under these Terms or otherwise, it shall first notify DDB by
    letter or email of the dispute, engage in good faith discussion with DDB about the dispute and if no resolution can be reached within 45 days
    of the first notification, agrees to submit to mediation by a single accredited mediator to be appointed jointly by the parties but in the
    absence of agreement, to be appointed by the accreditation authority which shall be chosen by the User or Nominee. In the event no
    resolution of the dispute has been achieved within 6 months of the date of first notification, the User or Nominee shall be free to commence
    court proceedings.

  • Notifications to Users shall be by email and Users must provide an email address to DDB upon registration and update the address if it
    changes.

  • These Terms, constituting the agreement between DDB and its Users and Nominees, shall be governed by the laws of England and Wales
    and subject to the jurisdiction of the English Courts.
 

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