This website is operated by Hy-Dynamix Ltd (registered number 09296209) Morrison Road Industrial Estate, Annfield Plain, County Durham, DH97RU, United Kingdom. Hy-Dynamix Ltd provides access to and use of the website (“the website”) subject to the following Terms and Conditions. These may be updated by us without formal notice to you and we advise on that basis that you review this document periodically at www.hy-dynamix.com
You will be deemed to have accepted the following terms and condition through using this website. If you do not accept these terms and conditions, then please cease to use this website.
Hy-Dynamix Ltd grants you a non-exclusive licence to use this website based on the following Terms and Conditions. Hy-Dynamix Ltd may terminate this licence at any time without notice. Your access and/or use of the website constitutes your acceptance of these Terms and Conditions. These Terms and Conditions apply to all pages on, and for all entry points into, the website.
2 MATERIALS IN THE WEBSITE
All Content (“the Content”) included in this website is owned by, licensed to or controlled for these purposes by Hy-Dynamix Ltd. The Content comprises, the design, layout, look and feel, appearance and graphics. The Content is protected by intellectual property laws including, but not limited to, copyright. The Content may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own private, non-commercial use. Any other use requires written permission from Hy-Dynamix Ltd. Commercial use of the Content is not permitted. The re-distribution, re-publication, or otherwise making available of the material on the website to third parties is prohibited.
Unauthorised use of the website and/or the Content may give rise to a claim for damages and/or be a criminal offence. You hereby grant Hy-Dynamix Ltd a perpetual, royalty free, irrevocable licence to use as it considers necessary, any material you post, upload or otherwise make available on the website.
3 ACCURACY OF INFORMATION
The Content in the website is provided in good faith and is for general information and interest only. It is subject to change without notice. Some Content on the website may be supplied by registered users of the website. Such Content, whilst subject to these Terms and Conditions, is not screened by Hy-Dynamix Ltd. Hy-Dynamix Ltd is not responsible for any inaccuracies and (except as set out in paragraph 6.3) makes no representation and gives no warranty as to its accuracy
The Content in the website should not be relied on and does not constitute any form of advice or recommendation. By using the website, you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
Nothing on the website is intended to be, nor should be construed as, an offer to enter into a contractual relationship.
The website contains links to other websites. Hy-Dynamix Ltd accepts no responsibility or liability for the content of other websites, which are not under the strict control of Hy-Dynamix Ltd. Any link is not intended to be, nor should be construed as, an endorsement of any kind by Hy-Dynamix Ltd of that other website.
You may not create a link to the website from another website or document without Hy-Dynamix Ltd prior written consent.
Hy-Dynamix Ltd does not guarantee that use of the website will be compatible with all hardware and software which may be used by visitors to the site. Any Content downloaded or otherwise obtained from the website is obtained at your own risk and you shall be solely responsible and liable for any consequences arising from your use of such Content. Except as set out in paragraph 6.3, Hy-Dynamix Ltd will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of the website or the use, accessing, downloading of, or reliance on any Content or other materials contained in the website, including, without limitation, as a result of any computer virus or other malicious computer code.
These Terms and Conditions do not exclude Hy-Dynamix Ltd liability (if any) to you for personal injury or death resulting from Hy-Dynamix Ltd negligence, for fraud or for any matter which it would be illegal for Hy-Dynamix Ltd to exclude or to attempt to exclude its liability.
Hy-Dynamix Ltd does not warrant that the website or access to it will be error-free or that the website or the servers that make it available will be free of viruses or bugs.
7 USER CONDUCT – SECURITY
You agree that you will comply with these Terms and Conditions and any other instructions and/or user terms issued by Hy-Dynamix Ltd when posting or otherwise placing information, data, text, software, music, sound, photographs, video, messages or other materials on to the website (“the Material”). It is your responsibility to ensure that the Material is legal and does not breach the intellectual property rights of any other person.
You agree not to:
Disrupt or interfere with the security of, or otherwise abuse, the website, or any services, system resources, accounts, servers or networks connected to or accessible through the website or affiliated or linked websites;
Disrupt or interfere with any other user’s enjoyment of the website or affiliated or linked websites;
Use or attempt to use another’s account, service or system without authorisation from Hy-Dynamix Ltd or create or use a false identity on any websites including the website;
Transmit through or on any websites including the website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailing;
Attempt to obtain unauthorised access to the website or portions of the website that are restricted from general access;
Hy-Dynamix Ltd requires users wishing to access restricted services on the website to register for a user account to obtain access. Once you have registered for a user account, Hy-Dynamix Ltd will issue you with a valid user name and password for use on the website which are for your sole personal use and which may not be shared with another person at any time. You are responsible for all the activities which occur on your user account and it is your responsibility to ensure that your password is kept safe and secure. You agree not to use the user name or password of any other person or to permit any other person to use your user name or password at any time. You must notify Hy-Dynamix Ltd immediately if you suspect your account has been accessed without your permission.
8 USER WARRANTY
You agree that you will not upload, post or otherwise transmit on the website any content that is defamatory, obscene or unlawful content or likely to cause offence. You agree that you will not upload, post or otherwise transmit on the website any content that infringes the intellectual property rights (including but not limited to copyright), data protection or privacy rights, or other rights of any third party. You agree to indemnify and hold harmless Hy-Dynamix Ltd for any breach by you of these obligations as set out under these Terms and Conditions.
You agree to provide true, accurate and up to date information when registering for a user account.
You agree to provide Hy-Dynamix Ltd with any update on your registration data.
You agree to comply with all applicable laws in respect of your use of the website and these Terms and Conditions.
You agree to be bound by these Terms and Conditions if you participate in any competitions or promotions offered on the website.
Hy-Dynamix Ltd reserves the right to terminate your account and/or access to the website without notice to you.
If you are a registered user, you agree to give Hy-Dynamix Ltd notice of your wish to terminate your use of the website. All termination notices must be sent to Hy-Dynamix Ltd by post to Hy-Dynamix Ltd, xxx, Newcastle upon Tyne. NE16 3AS or e-mail at email address here. The notice must contain the following header: “NOTICE OF TERMINATION”. The notice must specify the effective date of the termination and the user name of the individual who is subject to the notice.
Termination will not affect any obligation or rights of the parties arising before the effective date of termination. Termination will be deemed effective at the earlier of:
Transmission of an acknowledgement from Hy-Dynamix Ltd to the user expressly confirming termination; or
Midnight on the first business day following Hy-Dynamix Ltd’s receipt of a termination notice from a registered user.
11 GENERAL PROVISIONS
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable it shall be severed and deleted from these Terms and Conditions and the resultant Terms and Conditions shall remain in full force and effect.
12 COMPLETE AGREEMENT
13 JURISDICTION AND ACCEPTANCE OF THESE TERMS AND CONDITIONS
The website is controlled and operated by the Hy-Dynamix Ltd from its offices in England. The formation, existence, construction, performance, validity in all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained in the website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
Your continued use of the website indicates your acceptance of these terms and conditions.