1. Acceptance of Terms

Your use of the LaytimeCalculator.com website and the downloadable Laytime Calculator file (‘the Services’) is subject to the terms of a legal agreement between you and SD Software Developers Ltd trading as SDSD. It is important that you take the time to read these terms carefully.

Using the Services indicates your acceptance of these terms. In this case, you understand and agree that SDSD will treat your use of the Services as acceptance of the Terms from that point onwards.

SDSD may change these terms from time to time and so you should check these terms regularly. Your continued use of the Services will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using the Services.

2. Intellectual Property

All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on laytimecalculator.com and the laytimeCalculator download shall remain vested in SDSD. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer without written permission from SDSD.

3. Provision of Services

SDSD is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SDSD provides may change from time to time without prior notice to you.

As part of this continuing innovation, you acknowledge and agree that SDSD may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SDSD’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SDSD when you stop using the Services.

You acknowledge and agree that if SDSD disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

4. Use of the Services by you

In order to access the Services, you are required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you give to SDSD will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by SDSD, unless you have been specifically allowed to do so in a separate written agreement with SDSD.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate written agreement with SDSD, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that SDSD has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SDSD may suffer) of any such breach.

5. Exclusion of Warranties

The Services are provided "as is" and SDSD give you no warranty with respect to the Services. In particular, SDSD, does not represent or warrant to you that:

1. your use of the Services will meet your requirements,
2. your use of the Services will be uninterrupted, timely, secure or free from error,
3. any information obtained by you as a result of your use of the Services will be accurate or reliable, and
4. that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.

6. Limitation of Liability

SDSD shall not be liable to you for:

1. any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
2. any loss or damage which may be incurred by you as a result of:
   1. any changes which SDSD may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
   2. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services;
   3. your failure to provide SDSD with accurate account information;
   4. your failure to keep your password or account details secure and confidential;
   The limitations on SDSD’s liability to you above shall apply whether or not SDSD has been advised of or should have been aware of the possibility of any such losses arising.

7. Your passwords and account security

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

Accordingly, you agree that you will be solely responsible to SDSD for all activities that occur under your account.

If you become aware of any unauthorized use of your password or of your account, you agree to notify SDSD immediately at support@sdsd.com (Mon-Fri 9am – 5pm).

8. Privacy and your personal information

For information about SDSD’s data protection practices, please read SDSD’s privacy policy. This policy explains how SDSD treats your personal information, and protects your privacy, when you use the Services.

You agree to the use of your data in accordance with SDSD’s privacy policies.

9. Advertisements

The Services may display advertisements and promotions.

The manner, mode and extent of advertising by SDSD on the Services are subject to change without specific notice to you.

In consideration for SDSD granting you access to and use of the Services, you agree that SDSD may place such advertising on the Services.

10. General legal terms

The Terms constitute the whole legal agreement between you and SDSD and govern your use of the Services (but excluding any Services which SDSD may provide to you under a separate written agreement), and completely replace any prior agreements between you and SDSD in relation to the Services.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with SDSD under the Terms, shall be governed by English law. You and SDSD agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SDSD shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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11. Privacy & Cookie Policy

SDSD are committed to protecting your privacy and security. If you have any questions about this Privacy Policy, please feel free to contact us at marketing@sdsd.com (Mon-Fri 9am – 5pm).

11.1 Information that we collect and how we use it

In order to provide our full range of Services, we may collect the following types of information:

• Information that you provide – When you register for the Services, we ask you for personal information (such as your name, email address and an account password). We may combine the information that you submit under your account with information from other SDSD Services or third parties, in order to provide you with a better experience and to improve the quality of our Services.
• Cookies - We use cookies to store login session details.
• User communications – When you send emails or other communications to SDSD, we may retain those communications in order to process your enquiries, respond to your requests and improve our Services.

11.2 Why We Need To Collect Information From You

We may use the information we collect about you to notify you from time to time about important new features and changes to our online and desktop Services, special offers or promotions we think you'll find of interest.

Feedback, Comments & Suggestions

If you have any additional questions or concerns about this Privacy Policy, please feel free to contact us at marketing@sdsd.com (Mon-Fri 9am – 5pm).

Finally

If you do not agree with this Privacy Policy you should not submit your personal information on this website.

Last amended: 16th September 2010 - Copyright © 2010 SDSD.