DH Industries Limited, Sullivan House, Fenton Way, Laindon, Essex, SS15 6TD
Tel: +44 (0)1268 410 666 Fax: +44 (0)1268 410 777
|Terms and Conditions|
1. TERMS OF WEBSITE USE AND INFORMATION ABOUT US
Please read our terms and conditions of use (“Terms”) carefully before you start to use our Site.
By using our Site, you indicate that you accept our Terms and that you agree to abide by them. If you do not accept our Terms you are not permitted to use our Site. We may change or update our Terms from time to time by amending this page at our discretion. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in our Terms may also be superseded by provisions or notices published elsewhere on our Site.
If you have any concerns about material which appears on our Site, please contact us.
In our Terms, "we" and "us" means DH and the term "you" refers to the user or viewer of our website. Derivative terms (e.g. “our” or “your”) are to be construed accordingly.
2. ACCESS TO OUR SITE
Access to our Site is permitted on a temporary basis. The content of our Site is for your general information and use only, and it is subject to change without notice. We will endeavour to allow uninterrupted access to our Site, but access to our Site may be suspended, restricted or terminated at any time. We reserve the right to change, modify, substitute or remove without notice any information on our Site from time to time.
We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
We shall not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of our Terms, and that they comply with them.
3. ACCEPTABLE USE POLICY
This provision 3 sets out our acceptable use policy (the “Acceptable Use Policy”).
You may use our Site only for lawful purposes. You may not use our Site:
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• To knowingly transmit or introduce any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other malicious or technologically harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our 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. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
You also agree:
• Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms.
• Not to access without authority, interfere with, damage or disrupt:
• any part of our Site;
• any equipment or network on which our Site is stored;
• any software used in the provision of our Site; or
• any equipment or network or software owned or used by any third party.
Suspension and Termination
We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of our Site. When a breach of our Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with our Acceptable Use Policy constitutes a material breach of our Terms, and may result in us exercising our legal rights, including taking all or any of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4. INTELLECTUAL PROPERTY RIGHTS
Restrictions on Use
All content and intellectual property rights included on our Site, such as text, graphics, logos, images, photographs, illustrations and computer drawings, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software (including applets) is the property of DH or DH is the licensee of such, and is protected by United Kingdom and international copyright laws. All such rights are reserved.
All content provided on our Site is for information purposes only and use of our Site does not form or constitute a customer/supplier relationship or any other professional relationship between you and us. The content may not be published, reproduced, copied, modified, uploaded, transmitted, posted, or distributed in any way without our prior written consent, and/or our licensors, as appropriate. We do not grant any express or implied right to you under any licence, copyrights, patents, trademarks or other intellectual property rights.
If you print off, copy or download any part of our Site in breach of our Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks displayed on our Site not owned by us are the property of their respective owners. We do not intend to present third-party trademarks as our own trademarks. Nothing contained on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other content on our Site, except as provided in our Terms, is strictly prohibited.
5. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. Subject to provision 6 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
6. DISCLAIMER AND LIMITATION OF LIABILITY
We make no guarantees, conditions, warranties or representations as to the accuracy of our Site or the material displayed on our Site. We do not assume or accept liability or responsibility for any errors or omissions in the content or operation of our Site or failure of our Site to operate. OUR SITE IS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. To the extent permitted by law, we, other members of our group and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This, our exclusion of liability for actions taken in response to breaches to our Acceptable Use Policy, and our disclaimer of liability and responsibility under provision 5 does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We do not give any warranty that our Site is free from viruses or anything else which may have a harmful effect on any technology.
7. PRIVACY AND DATA PROTECTION
For the purposes of the Data Protection Act 1998 (the “Act”), the data controller is DH.
We may collect and process the following data about you:
(i) Information that you provide to us by filling in forms on our Site or when you report a problem with our Site.
(ii) If you contact us, we may keep a record of that correspondence.
(iii) Details of your visits to our Site and the resources that you access.
We gather this data for our use only for purposes of contacting you or sending you emails based on your request for information. None of this information is provided to any third parties. However, we may disclose your personal information to third parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
We are committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorised access, use, or disclosure. You should be aware, however, that "perfect security" does not exist on the Internet; third parties may unlawfully intercept or access transmissions or private communications. We cannot guarantee the security of your data transmitted to our Site, any transmission is at your own risk. You should not expect that your personal data will remain private.
Under the Act we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.
Links to our Site
It is not permitted to create a link or to make any alterations or additions to the material on our Site without our written consent.
Links from our Site
Our Site may link to or be linked from other websites that are not maintained by us, and we do not endorse and are not responsible for the content of any third party websites.
Links to third party websites on our Site are provided solely for your convenience. If you use these links, you leave our Site. We have not reviewed all of these third party websites and are not responsible for the websites’ content, any representations about them, material found there, or any of their content and availability, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If any provision of our Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of our Terms shall not be affected.
We may modify our Terms at any time by publishing the modified terms and conditions on our Site. Any modifications to our Terms shall take immediate effect.
10. GOVERNING LAW
Our Terms are governed by and to be construed in accordance with the law of England & Wales. Any disputes arising from, or related to a visit to our Site shall be subject to the exclusive jurisdiction of the English courts.