Website Terms and Conditions

1               Introduction

1.1           These terms and conditions of use (the ‘Terms’) explain how you may use this website (the ‘Site’). References in these Terms to the Site includes the websites www.smd.co.uk, www.smd-us.com and www.smd.sg.  You should read these Terms carefully as by using this Site you agree to be bound by these Terms.  If you do not agree with or accept any of these Terms, you should cease using the Site immediately.

1.2           Definitions

‘Content’ means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;

‘We, us or our’ means Specialist Machine Developments (SMD) Limited, company registration number 06533623 with VAT registration number GB 499 9476 48 and whose registered office is at Turbinia Works, Davy Bank, Wallsend, Tyne and Wear, NE28 6UZ, United Kingdom.  References to us in these Terms also include our subsidiary companies, a list of which is available on request;

‘You or your’ means the person accessing or using the Site or its Content.

2               Restrictions on use

2.1           The Site is for your use only.  As a condition of your use of the Site, you agree:

2.1.1      not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;

2.1.2      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;

2.1.3      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;

2.1.4      not to use the Site to distribute viruses or malware or other similar harmful software code;

2.2           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.

3               Ownership, use and intellectual property rights

3.1           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.

3.2           Trademarks ‘SMD’, ‘Soil Machine Dynamics’, the SMD lozenge, ‘Atom’, ‘Quasar’, ‘Quantum’, ‘DVECS’, ‘DVECSII’, ‘DriROV’, ‘QTrencher’, ‘Sentio’ and ‘Curvetech’ are our trademarks.  Other trademarks and trade names may also be used on this Site and are the property of their respective owners.  The use of any trademarks or any other Content on the Site except as provided for in these Terms is strictly prohibited.

4               Submitting information to the Site

4.1           You should read our Privacy and Cookies Policy (which can be found on our Site) 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.

5               Accuracy of information and availability of the Site

5.1           Whilst we use reasonable efforts to include accurate and up-to-date information 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 information on this Site is at your own risk.

5.2           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.

5.3           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.

6               Hyperlinks and third party sites

6.1           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 site.

7               Limitation of liability

7.1           Except for any legal responsibility that we cannot exclude in law, we are not legally responsible for any losses that; (a) were not foreseeable to you or us when these Terms were formed, (b) that were not caused by any breach on our part, (c) business losses, and (d) losses to non-consumers.

8               Events Beyond Our Control

8.1           We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access; or flood, fire, explosion or accident, or any comparable force majeure event.

9               General

9.1           These Terms are dated 18 January 2017.  No changes are valid or have any effect unless agreed by us in writing.  We reserve the right to vary these Terms without notifying you and it is your responsibility to check these Terms from time to time to check for such variations.

9.2           No one other than a party to these Terms has any right to enforce any of these Terms.

9.3           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.

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 and you submit to the exclusive jurisdiction of the English courts.