Terms and conditions governing use of our website
1. WHO WE ARE AND HOW TO CONTACT US
1.1 This website www.sdsplus.com (Site) is operated by SDS Plus Limited, a company incorporated and registered in England and Wales with company number 16282091, whose registered office is at International Logistics Centre, Bonehill Road, Tamworth, England, B78 3HH (we, us or our).
1.2 To contact us, please email info@sdsplus.com or write to us at the registered office address above.
2. BY USING OUR SITE YOU ACCEPT THESE TERMS
2.1 These terms of use (Terms) tell you the rules for using our Site, whether as a guest or a registered user.
2.2 By using our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Site.
2.3 We recommend that you print a copy of these Terms for future reference.
3. OTHER TERMS THAT MAY APPLY TO YOU
3.1 These Terms refer to the following additional terms, which also apply to your use of our Site:
- our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;
- our Cookie Policy, which sets out information about the cookies on our Site; and
- our Acceptable Use provisions in clause 6, which set out the permitted uses and prohibited uses of our Site.
3.2 If you purchase or use the SDS Plus software or any related services through or after visiting our Site, separate terms apply. The supply and use of the SDS Plus software are governed by the Software Licence Agreement and the applicable Order Form (or, for free trials and online self-serve subscriptions, the SDS Plus Self-Serve and Trial Terms), and not by these Terms.
4. CHANGES TO THESE TERMS AND TO OUR SITE
4.1 We may amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
4.2 We may update and change our Site from time to time to reflect changes to our services, our users’ needs and our business priorities.
5. ACCESSING OUR SITE
5.1 Our Site is made available free of charge.
5.2 We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5.3 You are responsible for making all arrangements necessary for you to have access to our Site, and for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5.4 Our Site is directed to users in the United Kingdom. We do not represent that content available on or through our Site is appropriate for use or available in other locations.
6. ACCEPTABLE USE
6.1 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, or that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
- 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, network or software owned or used by any third party;
- attempt to gain unauthorised access to our Site, the server on which it is stored, or any server, computer or database connected to our Site; or
- reproduce, copy, adapt, reverse engineer, decompile, disassemble or modify any part of our Site or its underlying software, except as expressly permitted by these Terms or applicable law.
6.2 We will report any breach of clause 6.1 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.
7. IF YOU HAVE AN ACCOUNT OR LOG-IN
7.1 If you are provided with a user identification code, password or any other piece of information as part of our security procedures (for example to access a customer portal), you must treat such information as confidential. You must not disclose it to any third party.
7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@sdsplus.com.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright, database rights, trademark and other laws and treaties around the world. All such rights are reserved.
8.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your own internal business use, and you may draw the attention of others within your organisation to content posted on our Site.
8.3 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.
8.4 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.5 “SDS Plus” and our logos and product names are trademarks of SDS Plus Limited. You are not permitted to use them without our prior written approval.
8.6 If you print off, copy or download any part of our Site in breach of these 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.
9. NO RELIANCE ON INFORMATION
9.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our Site.
9.2 Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
10. OUR LIABILITY TO YOU
10.1 Nothing in these Terms excludes or limits our liability for: death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by English law.
10.2 We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it, to the fullest extent permitted by law.
10.3 We will not be liable to any user 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: use of, or inability to use, our Site; or use of or reliance on any content displayed on our Site. We will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
10.4 Different limitations and exclusions of liability apply to liability arising as a result of the supply of the SDS Plus software or related services, which are set out in the Software Licence Agreement and the applicable Order Form and, for trials and online subscriptions, the Self-Serve and Trial Terms.
10.5 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
11. WE ARE NOT RESPONSIBLE FOR VIRUSES
11.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
11.2 You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
11.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
12. RULES ABOUT LINKING TO OUR SITE
12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
12.2 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. You must not establish a link to our Site in any website that is not owned by you.
12.3 We reserve the right to withdraw linking permission without notice.
13. CONFIDENTIALITY OF INFORMATION YOU SEND US
13.1 Where you submit any business or commercial information to us through our Site (for example via an enquiry or demonstration request), we will treat that information as confidential and will not disclose it to any person except: to our employees, officers, representatives, contractors or advisers who need to know it in order to respond to you; or as may be required by law or any governmental or regulatory authority.
13.2 We will use such information only for the purpose of responding to your enquiry and in accordance with our Privacy Policy.
14. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data as set out in our Privacy Policy. Where applicable, our processing of personal data is carried out in accordance with the UK GDPR and the Data Protection Act 2018.
15. GENERAL
15.1 Waiver. A failure or delay by us in exercising any right or remedy under these Terms does not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
15.2 Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
15.3 Entire understanding. These Terms, together with the documents referred to in clause 3, constitute the entire understanding between you and us relating to your use of our Site and supersede all previous arrangements relating to that use.
15.4 No partnership or agency. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between you and us, constitute either party the agent of the other, or authorise either party to make or enter into any commitments for or on behalf of the other.
15.5 Force majeure. We shall not be liable for any delay or failure in performing our obligations in relation to our Site for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond our reasonable control.
15.6 Third-party rights. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their terms.
16. GOVERNING LAW AND JURISDICTION
16.1 These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of England and Wales.
16.2 You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or their formation (including non-contractual disputes or claims).
17. CONTACT US
To contact us, please email info@sdsplus.com or write to SDS Plus Limited, International Logistics Centre, Bonehill Road, Tamworth, England, B78 3HH.
