Acceptance of Terms
1. Your Account
If you set up an account with DFS, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should ensure that your password is kept confidential and secure and you should inform DFS immediately if you have any reason to believe that your password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide to DFS are correct and inform DFS immediately of any changes to the information that you provided when registering. You can update the information you provided in the ‘My Account’ area of the Site. DFS reserves the right to refuse access to the Site, terminate accounts, remove or edit content at its discretion.
2. Privacy and Data Protection
Personal data obtained by DFS shall be held and processed in accordance with all applicable laws, for the purpose of managing and processing your online order(s), providing you with any ancillary support services and to comply with our legal obligations.
DFS may share and transfer your personal information to other entities in the Dell Technologies group and third party Service Providers, agents and contractors, which may be based outside of the European Economic Area, in which case DFS will ensure adequate protection to safeguard your personal data.
3. Site Content
DFS uses reasonable care to ensure that the information appearing on the site is accurate and up-to-date. However, errors and omissions may occur and site users should not take the accuracy of the information for granted, nor should they rely upon any of the Site content as a statement or representation of fact. DFS has no control over the use to which the information may be put by the user. Accordingly, save for information posted on the Site by DFS in reliance on which you have entered into a contract with DFS, in respect of which clause 10.1 shall apply, DFS shall not be liable for any loss of profits or contracts, or any indirect or consequential loss or damage arising out of or in connection with the use of such information. DFS has not reviewed all of the Sites linked to this site and shall not be liable for their content. Users link to other sites at their own risk.
4. Access and License
4.1 DFS will seek to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. DFS will seek to limit the frequency and duration of any such suspension or restriction.
4.2 DFS grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of DFS. This license does not include any resale or commercial use of the Site or its contents; any collection and/or use of any Product Descriptions, prices or any other Site information; any derivative use of the Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorised use of the Site shall terminate the license granted by DFS.
4.3 Neither the Site nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without DFS’s express written consent.
5. Your Conduct
5.1 You agree that you will not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You are responsible for all electronic communications and content sent from your computer to DFS and you must use the Site for lawful purposes only. You must not use the Site for any of the following:
- for fraudulent purposes, or in connection with or encouraging conduct that constitutes a criminal offence, results in civil liability or otherwise breaches relevant laws, regulations or codes of practice;
- to send, disseminate, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, harassing, obscene, menacing or otherwise objectionable; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam";
- to gain unauthorised access to other computer systems;
- to interfere with any other person’s use or enjoyment of the Site or to interfere with or disrupt networks or sites connected to from the Site;
- to breach any laws concerning the use of public telecommunications networks;
- to cause annoyance, inconvenience or needless anxiety; or
- to make, transmit or store electronic copies of materials on the Site protected by copyright, without the permission of the copyright owner.
5.2 You agree to indemnify DFS against all losses, liabilities, costs and expenses reasonably suffered or incurred by DFS, all damages awarded against DFS under any judgment by a court of competent jurisdiction and all settlement sums paid by DFS as a result of any settlement agreed by DFS arising out of or in connection with:
- any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
6. Reviews, Comments, Communications and other Content
6.1 Users of the Site may, where applicable, post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to DFS or to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DFS reserves the right (but is not obliged) to remove or edit any content or to refuse to post materials on the Site.
6.2 If you post content or submit material, and unless DFS indicates otherwise, you
- grant DFS and its affiliates a non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media;
- grant DFS and its affiliates and sub-licensees the right and option to use the name that you submit in connection with such content; and
- agree that any material or information transmitted to or posted to the Site will be treated as non-confidential and non-proprietary and may be disseminated or stored or used by DFS or its affiliates for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products.
6.3 You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
6.4 You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to DFS: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable DFS policies or guidelines and will not cause wrongful injury to DFS or to any person or entity (including that the content is not defamatory). You agree to indemnify DFS and its affiliates for all claims brought by a third party against DFS or its affiliates arising out of or in connection with a breach of these warranties.
DFS does not sell products for purchase by children. If you are under 18, you may use the Site only with the involvement of a parent or guardian.
8. Electronic Communications
When you visit the Site or send an e-mail to DFS, you are communicating with DFS electronically. DFS will communicate with you by e-mail or by posting notices on the Site. For contractual purposes, if you send an email to DFS, you consent to receive communications, and (to the extent permissible in law) agreements and notices, from DFS by email. You can at any time choose not to receive email promotional communications from DFS by updating your preferences by clicking here unsubscribe.
9. Intellectual Property
All Intellectual Property in Dell owned Product(s) is retained by Dell. You must notify DFS immediately of any infringing or unauthorised use of any Product(s) or Intellectual Property in such Product(s).
10.1 If you enter into a contract with DFS, the extent to which DFS is liable under that contract will be specified in the applicable Consumer Terms relating to that contract.
10.2 In the event of any delay or failure by DFS to perform any of its obligations arising under these Terms then, subject to clause 10.3, DFS shall not be liable:
- if such delay or failure is caused by an event or events beyond DFS’s reasonable control, such as for example and without limitation: third party strike action, terrorism, war, natural disasters, severe weather, or unforeseeable manufacturing or transport disruption affecting DFS suppliers; or
- for loss which was not reasonably foreseeable by DFS.
10.3 DFS does not seek to limit liability for death or personal injury resulting from its negligence, breach of duty, or willful misconduct.
13. Law and Jurisdiction
13.2 If a contract of sale is entered into between you and DFS, the applicable jurisdiction shall be determined by the terms of that contract. In the absence of any such contract, you and DFS agree to submit to the exclusive jurisdiction of the courts of England and Wales, or if your main residence is in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland respectively.
14. Our details
The Site is owned and operated by Dell Bank International d.a.c, a designated activity company, trading as Dell Financial Services (Ireland company number 502362). Registered address: Innovation House, Cherrywood Science & Technology Park, Cherrywood, Dublin 18, Ireland.