1. Who we are
1.1 The website smd.co.uk is operated by Soil Machine Dynamics Limited, registered in England and Wales with registration number 01028571 and whose registered office is at Turbinia Works, Davy Bank, Wallsend, Tyne and Wear, NE28 6UZ, UK. Our VAT registration number is GB 499 9476 48.
1.2 ‘We’, ‘us’ or ‘our’ means the SMD Group of UK companies, consisting of Specialist Machine Developments (SMD) Limited as parent company and Soil Machine Dynamics Limited, SMD Offshore Support Limited and SMD Robotics Limited as wholly owned subsidiaries.
2. Acceptance of our Terms
2.1 These terms and conditions of use (the ‘Terms’) explain how you may use our website smd.co.uk (the ‘Site’). By using the Site, you confirm that you agree and accept to be bound by these Terms and to comply with them. If you do not agree with or accept any of these Terms, you must not use the Site.
2.2 These Terms also refer to our Privacy and Cookies Policy, which applies to your use of the Site too. This Policy can be found on the Site.
2.3 In these Terms, we use the following definitions:
2.3.1 ‘Content’ meaning any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;
2.3.2 ‘You or your’ meaning the person accessing or using the Site or its Content.
3. Restrictions on use
3.1 The Site is for your use only. As a condition of your use of the Site, you agree:
3.1.1 not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
3.1.2 not to use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
3.1.3 not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law or with our prior written consent;
3.1.4 not to use the Site to distribute viruses or malware or other similar harmful software code;
3.1.5 not use this site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
4. Ownership, use and intellectual property rights
4.1 This Site and all intellectual property rights in the Site (including without limitation any Content) is owned by us, our licensors and/or respective third parties as applicable. Each reserves all intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
4.2 Trademarks ‘SMD’, ‘Soil Machine Dynamics’, the SMD lozenge, ‘Atom’, ‘Quasar’, ‘Quantum’, ‘DVECS’, ‘DVECSII’, ‘DriROV’, ‘QTrencher’, ‘Sentio’ and ‘Curvetech’ are our Other trademarks and trade names may also be used on this Site and are the property of their respective owners. The use by you of any trademarks or any other Content on the Site except as provided for in these Terms is strictly prohibited.
4.3 You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
4.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of Content must always be acknowledged.
5. Submitting information to the Site
5.1 We will only use your personal data as set out in our Privacy and Cookies Policy (which can be found on our Site). You should read this Policy before submitting information to us via the Site. The Site is not a secure means of communication and therefore we cannot guarantee the security of any information you supply to us. For that reason, you should not submit or send to us any information which you regard as confidential, commercially sensitive or valuable. We have no way of knowing whether such information is confidential, commercially sensitive or valuable therefore we will not be legally responsible for keeping any such submissions confidential or any consequences of using such submissions.
6. Accuracy of information and availability of the Site
6.1 The Content is provided for general information only and is not intended to amount to advice on which you should rely.
6.2 Whilst we use reasonable efforts to include accurate and up-to-date Content on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the Content is at your own risk.
6.3 We may suspend or terminate operation of the Site at any time at our sole discretion. Whilst we try to make sure that the Site is available for your use, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
6.4 Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
7. Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites. We have no control over third party websites and accept no responsibility for any content, material or information contained therein. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site will be governed by the terms and conditions of that third party’s site.
8. Limitation of liability
8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
8.2 Subject to 8.1, if you are a business user:
8.2.1 We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any Content; and
8.2.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) use of, or inability to use, the Site; or
b) use of or reliance on any Content.
8.2.3 In particular, we will not be liable for:
a) loss of profits, sales, business, or revenue;
b) business interruption;
c) loss of anticipated savings;
d) loss of business opportunity, goodwill or reputation; or
e) any indirect or consequential loss or damage.
9. Viruses and misuse
9.1 We do not guarantee that the Site or its Content will be secure or free from bugs or viruses.
9.2 You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
9.3 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
10. Linking to our Site
10.1 You may link the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
10.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.3 You must not establish a link to the Site in any website that is not owned by you.
10.4 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
10.5 We reserve the right to withdraw linking permission without notice.
10.6 If you wish to link to or make any use of Content on the Site other than that set out above, please contact marketing@smd.co.uk.
11. General
11.1 These Terms are dated 12 March 2021. We reserve the right to amend these Terms from time to time, without notifying you. It is your responsibility to check these Terms for such amendments.
11.2 No one other than a party to these Terms has any right to enforce any of these Terms.
11.3 These Terms (together with the Privacy and Cookies Policy) contain the entire understanding and agreement between us and you in relation to your use of the Site.
11.4 These Terms and any dispute or claim arising out of, or in connection with these Terms shall be governed by and construed in accordance with English law and we agree to the exclusive jurisdiction of the courts of England and Wales.
