NOTICE: As a user of this website, your (“User”) use of this website, www.deascal.com, uk.deascal.com, eu.deascal.com, ca.deascal.com, aus.deascal.com, and any online services (“Use”) are subject to the following terms and conditions (the “Agreement”).
This Agreement contains a dispute resolution clause, stated below.
Disclaimer regarding other websites
Ward Commerce Group Limited (“Deascal”) products are offered, advertised, and reviewed on external third-party websites. Deascal is not responsible for the contents of any of these third-party websites, or any website hyperlinked to this website. Deascal advises our site visitors that these third-party websites are not affiliated with, or approved, or controlled by Deascal. The opinions, claims, and endorsements that may appear on these third-party websites are the responsibility of the third-party website’s owner(s), and not of Deascal.
Deascal suggests caution to the consumer when purchasing Deascal products from any and all third-party distributors, resellers, retailers, and the like.
In no event or circumstance will Deascal be held liable for any direct, indirect, incidental, consequential, special, and/or punitive damages related to claims about the safety and efficacy of Deascal products (“claims”) made by any distributor, retailer, reseller, or the like, of Deascal products.
Any and all claims about or surrounding Deascal products are to be regarded as void, invalid, and made without the explicit written consent of Deascal. Any legal action based on third-party claims is subject to Dispute Resolution, as defined in Section 4.
Any and all disputes, claims, and causes of action arising out of or in connection with third-party claims will be resolved individually, without resorting to any form of class action.
Warnings & results
A number of factors could reduce the efficacy of Deascal’s products (“Products”) or even result in an ill effect following use. These include improper storage and handling of the Products after the Products are shipped by Deascal, the medical condition of the person using the Products, and the biological differences in the individuals taking the Products. Because of these factors, it is important that the Products be stored properly and that the directions for use be followed carefully.
Abuse & Nuisance Behavior
Deascal reserves the right to cease communications with those whom it deems to be abusive, or exhibiting nuisance behavior.
All Deascal customer support staff have the right not to be subjected to any behaviour/abuse that includes (but is not limited to):
- Attempts to mislead, intimidate, and/or blackmail Deascal or any of its employees
- Spamming or opening excessive customer service tickets
- Threats of physical harm or violence
- Excessive or unnecessary profanity
- Inappropriate religious, cultural, or racial insults
- Homophobic, sexist, or other derogatory remarks
Deascal reserves the right to extend this list without notice.
Three Strike Rule:
In the first instance of abuse or nuisance behavior, a warning will be issued, along with a direct link to this policy. In the second instance, Deascal customer service agents will issue a formal statement that communications will cease if another occurrence of abuse or nuisance behavior is exhibited. In the third instance, Deascal customer service agents will halt communications indefinitely.
Limitation of liability
User’s exclusive remedy in connection with the use of this website or the product is a refund of the purchase price, if any, actually paid by user. To obtain a refund, user must first discontinue use of the website or ship the product subject to the refund to Deascal.
In any event, Deascal’s maximum liability is limited to the purchase price user paid for the use of the website or product. Deascal is not liable for property damage, personal injury, loss of use, lost profits or lost revenues.
In no event or circumstance will Deascal be liable for any direct, indirect, incidental, or consequential damages as a result of or due to the use of the website or product(s).
To the fullest extent permitted by law, Deascal will not in any way be responsible for any award of any type of special, punitive, exemplary, or statutory damages.
Indemnification
You agree to indemnify and hold harmless Deascal from and against any and all claims, liabilities, losses, causes of action, judgments, settlements, damages, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and court costs arising from (i) your use of this Website or the Product(s) in a negligent, fraudulent, or illegal manner; and (ii) claims by third parties in any manner related to your purchase or use of the Website or Product(s).
Dispute resolution
(a) Any and all disputes, claims, causes of action, or controversies of any kind arising out of or in connection to the Use of this Website or the Product or this Agreement (the “Disputes”) will be fully and finally resolved by arbitration and will take place in the United Kingdom.
(b) Any and all Disputes will be resolved individually, without resorting to any form of class action.
(c) Any and all claims, judgments, and awards will be limited to the actual out-of-pocket amount paid by you to Deascal but in no event lawyer fees.
(d) Under no circumstances will you be permitted to obtain awards for, and each Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
(e) All issues and questions concerning the construction, validity, interpretation, and enforceability of these terms of use, or the rights and obligations of users and us in connection with these terms of use, will be governed by and construed in accordance with UK law, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the United Kingdom.
(f) If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use, and will not affect the validity and enforceability of the remaining provisions.
Deascal is the trading name of Ward Commerce Group Limited, registered at 26 Middleham Close, Ouston, Chester le Street, Durham, United Kingdom. DH2 1TA. Email: Click here. 0191 3891048
