Terms of Website Use

INTRODUCTION

1.1. We are A&M Defence and Marine Services Limited, a private limited company incorporated in England and Wales with company number 06953770, and registered office at 3 Old Barn Farm Road, Woolsbridge Industrial Estate, Three Legged Cross, Wimborne, Dorset, BH21 6SP and with VAT number GB 979 214 384 (references to “we”, “us”, or “our” to be construed accordingly).

1.2. This page (together with the documents referred to on it) sets out the terms of use (the ” Terms”) on which you may make use of our website: www.amdefencemarine.co.uk (the “Website”). Please read these Terms carefully before you use the Website. By using our Website, you are confirming that you accept these terms of use and that you agree to abide by them.

1.3. If you do not agree to these Terms, do not use our Website.

1.4. Our Website is aimed at business customers only. You are classified as a business customer if you are acting in the course of your business. If you are not a business customer, you are a consumer. If you are a consumer, do not use this Website.

ACCESSING OUR WEBSITE

2.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable, in contract, tort (including negligence) or otherwise, if for any reason our Website is unavailable at any time or for any period.

2.2. From time to time, we may restrict access to some parts or all of our Website.

2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 opinion you have failed to comply with any of the provisions of these Terms.

2.4. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

3.1. In these Terms, “Intellectual Property Rights” means patents, database rights, copyright, design rights (whether registered or not) trade marks (registered and unregistered) domain names, and other similar rights together with any and all applications and protections of such rights anywhere in the world.

3.2. We are the owner or the licensee of all Intellectual Property Rights in our Website, and in the material published on them. Those works are protected by copyright and other laws and treaties around the world. All such rights are reserved.

3.3. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.

3.4. 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.

3.5. Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.

3.6. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

3.7. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must immediately, at our written request, return or destroy any copies of the materials you have made.

3.8. Without our prior written consent, you may not permit, create unauthorised framing of, or deep linking to, the Website or create derivative works thereof from any other website. Other than as set out above no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our Website do not constitute advice and no reliance should be placed thereon, such information is for your convenience only. We shall not be liable whether in contract, tort (including negligence) or for misrepresentation and/or responsible for any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of their contents, save for fraudulent misrepresentation.

CHANGES TO THE WEBSITE

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

6.1. The material displayed on our Website is provided on as ‘as is’ basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us expressly exclude:

6.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

6.1.2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on them, including, without limitation any liability for:

• a. loss of income or revenue;
• b. loss of business;
• c. loss of profits or contracts;
• d. loss of anticipated savings;
• e. loss of or corruption of data;
• f. loss of goodwill;
• g. wasted management or office time; and
• h. 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.

6.2. 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 at clause 6.1

6.3. This 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.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is true, accurate and not misleading.

TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE

8.1. Contracts for the supply of goods and/or services formed as a result of visits made by you to our Website are governed by our terms and conditions of supply .

8.2. Contracts for the supply of goods through our online shop formed as a result of visits made by you to our Website are governed by our online shop terms and conditions of supply.

VIRUSES, HACKING AND OTHER OFFENCES

9.1. Your permission to use the Website is personal to you and non-transferable, and you may not use the Website for any purpose other than to obtain information about our goods or services with a view to purchasing such goods or services or for research. You agree that you will not:

• 9.1.1. use the Website for any fraudulent or unlawful purpose;
• 9.1.2. misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
• 9.1.3. attempt to gain unauthorised access to our Website, the server(s) on which our Website is stored or any server, computer or database connected to our Website;
• 9.1.4. attack our Website via a denial-of-service attack or a distributed denial-of service attack;
• 9.1.5. interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or violate any requirements, procedures, policies or regulations of such networks;
• 9.1.6. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
• 9.1.7. modify, adapt, translate, reverse engineer, decompile or disassemble any part of the Website. If you wish to reverse engineer any part of the Website to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
• 9.1.8. remove any copyright, trade mark or other proprietary rights notice form the Website or materials originating from the Website;
• 9.1.9. frame or mirror any part of the Website without express prior written consent;
• 9.1.10. create a database by systematically downloading and storing the Website’s content;
• 9.1.11. use any manual or automatic device in any way to gather the Website’s content or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials form the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

9.2. By breaching clause 9, you may be deemed to have committed a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them without notifying you first. In the event of such a breach, your right to use our Website will cease immediately.

9.3. 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 Website or to your downloading of any material posted on it, or on any website linked to it, doing so is at your own risk.

LINKING TO OUR WEBSITE

10.1. 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, but 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.

10.2. You must not establish a link from any website that is not owned by you.

10.3. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

LINKS FROM OUR WEBSITE

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Once you click on such links you leave our Website and these Terms, our privacy policy, and terms and conditions of sale shall no longer apply. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We make no representations or warranties about such sites and resources or material found on them. Access to such sites are entirely at your own risk.

JURISDICTION AND APPLICABLE LAW

12.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

12.2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

VARIATIONS

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

YOUR CONCERNS

If you have any concerns about material which appears on our Website, please contact us.

Thank you for visiting our Website.