Legal Notice
Attention: This legal notice applies to the entire contents of
this Website under the domain names www.dynamicasystems.com and/or
www.dynamicasystems.co.uk ("Website") and to any correspondence by e-mail
between us and you. This notice is issued by Dynamica Systems Limited ("The
Company"). Please read these terms carefully before using this Website. Using
this Website indicates that you accept these terms regardless of whether or not
you choose to register with the Company. If you do not accept these terms, do
not use this Website.
1. Introduction
1.1 You will be able to access most areas of this
Website without registering your details with the Company although some areas
of this Website are only available to you if you register.
1.2 By accessing any area of this Website, you
shall be deemed to have accepted this legal notice in full. If you do not agree
to accept this legal notice in full, do not access or use this Website.
1.3 The Company reserves the right to:-
1.3.1 alter and/or update any information or
content on this Website without notice and/or
1.3.2 terminate this Website without notice.
1.4 The Company may revise this legal notice at
any time by updating this posting. You should check this Website from time to
time to review the then current legal notice, because it is binding on you.
Certain provisions of this legal notice may be superseded by expressly
designated legal notices or terms located on particular pages at this Website.
2. Licence
2.1 You are permitted to print and download
extracts from this Website for your own personal use provided that you agree to
comply with the following conditions:-
2.1.1 no documents or related graphics on this
Website are modified in any way;
2.1.2 no graphics on this Website are used
separately from accompanying text; and
2.1.3 the Company's copyright and trade mark
notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, copyright and all
other intellectual property rights in all material on this Website (including
without limitation source code, web pages, content, databases, graphics,
photographs and all other digital products used for the construction and
maintenance of this Website) are owned by the Company or its licensors. For the
purposes of this legal notice, any use of extracts from this Website other than
in accordance with clause 2.1 above for any purpose is prohibited. If you
breach any of the terms in this legal notice, your permission to use this
Website automatically terminates and you must immediately destroy any
downloaded or printed extracts from this Website.
2.3 Subject to clause 2.1, no part of this Website
may be reproduced or stored in any other Website or included in any public or
private electronic retrieval system or service without the Company's prior
written permission.
3. Access
3.1 The Company shall use its reasonable
endeavours to ensure that this Website is available without interruption. The
Company will not be liable if for any reason this Website is unavailable for
any period at any time.
3.2 Access to this Website may be suspended
without notice in the case of system failure, maintenance or repair or for
reasons beyond the Company's control and for such time as deemed appropriate by
the Company.
3.3 The Company shall not be responsible for loss
or damage caused by your failure to notify the Company of any alterations made
to this Website by you or any third party on your behalf.
4. User's Obligations
4.1 Other than personally identifiable
information, which is covered under the
Privacy Policy, any material you transmit or post to this Website will
be considered non-confidential and non-proprietary. The Company will have no
obligations with respect to such material. The Company and its designees will
be free to copy, disclose, distribute, incorporate and otherwise use such
material and all data, images, sounds, text and other things embodied therein
for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or
transmitting to or from this Website any material:
4.2.1 that is threatening, defamatory, obscene,
indecent, seditious, offensive, pornographic, abusive, liable to incite racial
hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in
breach of confidence, in breach of privacy or which may cause offence;
4.2.2 for which you have not obtained all
necessary licences and/or approvals;
4.2.3 which constitutes or encourages conduct that
would be considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any third party,
in England or Wales or any other country in the world; or
4.2.4 which is technically harmful or destructive
(including but not limited to software viruses, Trojan horses, worms, harmful
code, corrupted data or any other malicious software, data or program).
4.3 You may not subject this Website to any form
of misuse and in particular you shall not obtain unauthorised access to or
modify computer material either with or without intent to commit or facilitate
commission of further offences under the Computer Misuse Act 1990 or any
statutory re-enactment thereof.
4.4 The Company will fully co-operate with any law
enforcement authorities or court order requesting or directing the Company to
disclose the identity or locate anyone posting any material in breach of
paragraphs 4.2 or 4.3.
5. Usage of Third Party Websites
5.1 Any links to third party Websites on this
Website are provided solely for your convenience. If you use these links, you
leave this Website. The Company does not control and is not responsible for the
content or availability of such third party Websites. The Company therefore
does not endorse or make any representations about them, or any material found
there, or any results that may be obtained from using them. If you decide to
access any of the third party Websites linked to this Website, you do so
entirely at your own risk. The Company shall not be liable for any loss or
damage arising from your use of or reliance on the contents of the third party
Websites.
5.2 If you would like to link to this Website, you
may only do so on the basis that you link to, but do not replicate, the home
page of this Website, and that you warrant that you will comply with the
following conditions:
5.2.1 you do not remove, distort or otherwise
alter the size or appearance of the Athernet Solutions logo;
5.2.2 you do not create a frame or any other
browser or border environment around this Website;
5.2.3 you do not in any way imply that the Company
is endorsing any products or services other than its own;
5.2.4 you do not misrepresent your relationship
with the Company nor present any other false information about the Company;
5.2.5 you do not otherwise use any Athernet
Solutions trade marks displayed on this Website without express written
permission from the Company;
5.2.6 you do not link from a Website that is not
owned by you; and
5.2.7 your Website does not contain content that
is obscene, offensive or controversial, infringes any intellectual property
rights or other rights of any third party or which otherwise fails to comply
with any laws and regulations applicable to Websites.
5.3 The Company expressly reserves the right to
revoke the right granted in paragraph 5.2 for breach of these terms and to take
any action it deems appropriate.
5.4 You shall fully indemnify the Company for any
loss, damage, legal fees or other expense suffered by the Company or any of its
group of companies as a result of your breach of the warranty in clause 5.2.
6. Site Registration
6.1 Each registration is for a single user only
and the Company does not permit you to share your user name and password with
any other person nor with multiple users on a network.
6.2 You are solely responsible for maintaining the
security of any passwords and the Company accepts no liability for any loss or
damage caused by your failure to keep your password secure.
6.3 You undertake that all details provided to the
Company for the purposes of registration are correct.
7. Disclaimer
7.1 The Company shall use its reasonable
endeavours to ensure that the information on this Website is accurate and
up-to-date although the Company does not warrant the accuracy of the material
on this Website. The Company may alter products, services and prices described
in the Website at any time without notice. The Company is not obliged to keep
all material on this Website up-to-date.
7.2 The material on this Website is provided "as
is" without any conditions, warranties or other terms of any kind. Accordingly,
to the maximum extent permitted by law, the Company provides you with this
Website on the basis that the Company excludes all representations, warranties,
conditions and other terms (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for this legal notice might have effect in
relation to this Website.
7.3 The Company does not warrant that the
functionality of this Website will be free of any defect and/or virus.
8. Liability
8.1 The Company, any other party (whether or not
involved in creating, producing maintaining or delivering this Website), and
any of the Company's group companies and the officers, directors, employees,
shareholders or agents of any of them, exclude all liability and responsibility
for any amount or kind of loss or damage that may result to you or a third
party (including without limitation, any direct, indirect, punitive or
consequential loss or damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from or connected in any
way to business interruption, and whether in tort (including without limitation
negligence), contract or otherwise)) in connection with this Website in any way
or in connection with the use, inability to use or the results of use of this
Website, any Websites linked to this Website or the material on such Websites,
including but not limited to loss or damage due to viruses that may infect your
computer equipment, software, data or other property on account of your access
to, use of, or browsing this Website or your downloading of any material from
this Website or any Websites linked to this Website. Nothing in this legal
notice shall exclude or limit the Company's liability for (i) death or personal
injury caused solely by the Company's negligence; (ii) fraud; (iii)
misrepresentation as to a fundamental matter; or (iv) any liability which
cannot be excluded or limited under applicable law.
8.2 If your use of material on this Website,
results in the need for servicing, repair or correction of computer hardware,
software, programs or data, you assume all costs thereof.
9. Governing Law and Jurisdiction
This legal notice shall be governed by and construed in accordance
with English law. All disputes arising in connection with this legal notice
shall be subject to the exclusive jurisdiction of the English courts.
Issue Date: January 2007