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Terms and Conditions

1. These User Terms

1.1 In accordance with the following user terms ('User Terms'), Dynmark International Limited ('Dynmark') grants to you as a user ('you') of this Dynmark web site and the web pages that form part of this web site and are accessible to you ('Dynmark Site') certain rights (as set out below) and in return you agree to perform certain obligations.

1.2 Please read these User Terms carefully. They constitute a legal document and, by your continued use of the Dynmark Site, you agree to be bound by these User Terms.

1.3 If you do not agree with these User Terms and do not wish to be bound by them, please exit this Dynmark Site and do not use the Dynmark Site in the future.

1.4 Your use of the Dynmark Site could also be subject to a specific agreement ("Agreement") concluded between you or your company or business and Dynmark regarding your use of the Dynmark Site as a client of Dynmark. In the event that you or your company or business has concluded such Agreement, if there is any conflict between these User Terms and such Agreement, the terms of the Agreement shall prevail.

2. Licence to Use Material on Dynmark Site

2.1 Dynmark grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the Dynmark Site, which you have been authorised to access (including but not limited to: documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('Dynmark Material') on the basis set out in Clause 2.2.

2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store any of the Dynmark Material for your own personal use provided that you do not:

2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the Dynmark Material;

2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Dynmark Material;

2.2.3 use, view, copy, print, access, download and transmit or store any material contained on the Dynmark Site, which you are not authorised to access.

2.3 By your use of this Dynmark Site, you acknowledge that all Dynmark Material included on this Dynmark Site is included for informational purposes only. The Dynmark Material is not offered as advice on any particular matter and, therefore, if you choose to rely or act upon the basis of the Dynmark Material you will be doing so at your own risk.

2.4 Product, process or technology that may be referred to in the Dynmark Material, may be subject to other intellectual property rights of Dynmark and are not made available hereunder.

3. Ownership of Intellectual Property Rights

3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Dynmark retains all ownership, title and interest in the intellectual property rights contained in the Dynmark Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

3.2 Dynmark and all other Dynmark icons and logos are trade marks or registered trade marks of Dynmark. All other product names and company logos mentioned in the Dynmark Material, information, documents or other items provided or available herein may be the trade marks of their respective owners and you should treat them accordingly.

4. Duration of User Terms and Termination

4.1 These User Terms are binding upon you immediately. You accept them by your use of this Dynmark Site, and they will remain in force until the earlier of the following:

4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;

4.1.2 Dynmark terminates these User Terms by notice to you at any time in accordance with Clause 9.2; or

4.1.3 you terminate these User Terms by notice to Dynmark at any time in accordance with Clause 9.1.

4.2 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:

4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Dynmark Material;

4.2.2 you must delete or destroy any of the Dynmark Material stored by you in electronic or hard copy form as soon as reasonably practicable; and

4.2.3 you will have no further rights to access or use the Dynmark Site or any of the services offered from the Dynmark Site ('Dynmark Site Services').

5. Dynmark's Responsibilities

5.1 Dynmark undertakes to use commercially reasonable endeavours to prevent breaches of security of the Dynmark Site.

5.2 Dynmark reserves the right, without notice to you, to remove any Dynmark Material from the Dynmark Site or to suspend or alter the operation of the Dynmark Site or any of the Dynmark Site Services, at its discretion or for legal or technical reasons. Dynmark will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Dynmark may make improvements and/or changes to the Dynmark Material, any other information or documents provided or available on this Dynmark Site at any time.

6. Your Responsibilities

6.1 You agree that you are responsible for the security and use of any user names or passwords (if any) needed to access or use the Dynmark Site or any Dynmark Site Services. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the Dynmark Site or any of the Dynmark Site Services using your user name or password.

6.2 You agree that you will not use the Dynmark Site or any of the Dynmark Site Services as follows:

6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;

6.2.2 to send or distribute multiple unsolicited emails or messages ('Spam') or to cause any other person annoyance, inconvenience or worry.

6.3 You agree to indemnify Dynmark against any claims, costs, expenses or legal proceedings caused as a result of your use of the Dynmark Site or Dynmark Site Services in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, Dynmark shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Dynmark forthwith, without notice to you.

7. Disclaimers

7.1 Dynmark makes no representation or warranty that the Dynmark Site, the Dynmark Material or any of the Dynmark Site Services will be accessible, or useable by you or error free, or in accordance with our description of them. Dynmark uses reasonable efforts to include accurate and up-to-date information on the Dynmark Site and to keep the Dynmark Site functioning properly. The Dynmark Material or other information, documents or other items provided or available on this Dynmark Site could include technical inaccuracies or typographical errors. Dynmark makes no warranties or representations as to its accuracy. Dynmark assumes no liability or responsibility for any errors or omissions in the Dynmark Material or any content on the Dynmark Site. Dynmark disclaims any duty or obligation to ensure the availability, continued updating or proper functioning of the Dynmark Site or to update the information on the Dynmark Site.

7.2 Dynmark has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this Dynmark Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. To the maximum extent permitted by law, Dynmark hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by unavailability, errors or omissions in the information, documents or other items provided or available herein, whether such unavailability, errors or omissions result from negligence, accident or any other cause.

7.3 Without limitation to the foregoing, Dynmark expressly disclaims all liability to any persons (natural or legal) in respect of anything, and the consequences of anything, done or omitted to be done wholly or partly in reliance upon any Dynmark Material.

7.4 Your use and browsing of the Dynmark Site is entirely at your risk. Neither Dynmark nor any other party involved in creating, producing, or delivering the Dynmark Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Dynmark Site and/or Dynmark Site.

7.5 Whilst Dynmark has used all reasonable efforts in maintaining this Dynmark Site virus-free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.

7.6 This Dynmark Site may contain links to third party web sites, which are controlled and operated by parties other than Dynmark. The links will let you leave the Dynmark Site and Dynmark is not responsible for any contents of any linked site or any link contained in a linked site. The inclusion of any link on the Dynmark Site does not imply endorsement by Dynmark of the linked site. If you decide to access linked third party web sites, you do so entirely at your own risk. Dynmark is providing these links only as a convenience, and the inclusion of any links does not imply endorsement by Dynmark of the site.

7.7 Your use of the Internet is solely at your risk and subject to all applicable laws, and Dynmark has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet. Dynmark does not assume any liability for timely, trouble-free and uninterrupted access to the Internet.

7.8 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

8. Notices

8.1 You may send a legal notice to Dynmark, or any questions you may have concerning these User Terms by e-mail to info@dynmark.com. Such notices will be effective within 3 days of receipt by Dynmark.

8.2 Dynmark may send you notice by general notice on this Dynmark Site, by e-mail to your e-mail address on record with Dynmark (if any), or by post to the geographical address on record with Dynmark (if any). Such notice will be effective if sent by e-mail or posted on the Dynmark Site, 1 day from the date it was sent or posted on the Dynmark Site. If sent by regular post, it will be effective 3 days after posting by Dynmark.

9. General

9.1 Dynmark reserves the right to add to or change the terms of these User Terms in its sole discretion without prior notice to you. All changes to the User Terms will be effective once posted on the Dynmark Site. Dynmark will provide notice of the changes to the User Terms for 30 days after posting the amended User Terms on the Dynmark Site. Your continued use of the Dynmark Site or the Dynmark Site Services following Dynmark's posting of such changes will be regarded by Dynmark as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the Dynmark Site and not access or use the Dynmark Site in the future.

9.2 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

9.3 These User Terms shall be construed, enforced and performed in accordance with the substantive laws of England without reference to principles of conflicts of laws. The courts of England will have exclusive jurisdiction in deciding any disputes that may arise under these User Terms. Dynmark makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access our Dynmark Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.

9.4.1 Any information, document and other items or portions thereof may be used for information and non-commercial purposes only.

9.4.2 Any information, document and other items or portions thereof copied, printed, stored or distributed must include Dynmark's Legal Notice, as set out at the bottom of these User Terms.

Any product, process or technology referred to in the information, documents or other items may be subject to other intellectual property rights of Dynmark and are not made available hereunder.

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