Legal Information for clyx.net

Privacy Policy

clyx.net is committed to protecting your privacy. You are not obliged to provide personal information to view the general, non secure, content of this website. However, only authorised users with an account shall have access to the clyx.net applications in accordance with the terms and conditions of this website.

By accepting these terms and conditions, you agree to allow your contact details (including but not limited to your email address where supplied) to be made available to any other authorised user of clyx.net.

The information collected about you will not be used for any other purposes and we will not sell or hand over this information to any other person or organisation.

If you no longer require a clyx.net account then please email us via the helpdesk (helpdesk@clyx.net) and request that your account is suspended. On a mutually agreed date, your account will be hidden and made invisible to others, however the core and transactional data related to your account will be retained by us indefinitely for compliance and audit purposes.

We may monitor web traffic on clyx.net for our own internal purposes in order to maintain as acceptable level of performance.

Terms of Use

Your use of this Website is subject to our Terms and Conditions and you should read these before going any further.

"Content" means any text, software, database, format, graphic and written work and all other materials developed by or on behalf of us which form part of this Website and/or which are provided on or through this Website with the permission of third party owners.

"Intellectual Property Rights" means copyright, patents, database rights, trade marks, designs (in each case, whether registered or unregistered), know-how and confidential information and all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

"We", "us" and "our" means SNC-Lavalin Rail & Transit Limited (registered in England and Wales with Company Number 3062722) with a registered address at SNC-Lavalin House, 2 Roundhouse Road, Pride Park, Derby, United Kingdom DE24 8JE.

"Website" means this website and all sub sites and its content including the extranet accessed via the clyx.net domain.

"You" and "your" means a user of this Website or extranet facility.

Acceptance of Terms and Conditions

These Terms and Conditions apply to this Website and to any correspondence by email between the Website, us and you. Please read these terms carefully before proceeding. Use of this Website indicates that you accept these terms regardless of whether or not you are registered with clyx.net. If you do not accept these terms, please do not use this Website.

Please note that these Terms and Conditions may be modified from time to time and your continued use of this Website constitutes acceptance of the modified terms and conditions.

Availability and Connectivity

Whilst we make every reasonable effort to ensure that this Website is available at all times, we cannot guarantee this will always be the case or that the Website will be fault or error free. If a fault or error occurs, please report it using the helpdesk system, email at helpdesk@clyx.net or by using the telephone number +44 (0)1332 223060.

Occasionally we may suspend or restrict access to the Website to allow us to carry out essential updating, maintenance and repairs. In these circumstances, we will endeavour to provide adequate advance notice and restore your access to the Website as soon as possible.

Use of this Website requires connectivity and telecommunications links, for which you are responsible. You are furthermore responsible for any costs or charges that you may incur in using the Website.

Security

If you are authorised to access the extranet area of this Website, following registration with us, you will be issued with account credentials including a password.

You must keep your account credentials for this Website confidential at all times and not disclose them to anyone else or permit anyone else to use them. Any breach of these Terms and Conditions by anyone to whom you have disclosed your account credentials will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms and Conditions.

Please note that we take the threat posed by cyber corruption very seriously. To this effect, we shall endeavour to protect this Website as much as reasonably practical against the infection of malicious or annoying viruses. However, we can offer no guarantee or remedy in the event that a virus infects your computer system from this Website.

Intellectual Property Rights

We or our suppliers or third parties who have granted us permission to reproduce their material on this Website own all Intellectual Property Rights in this Website. Nothing in these Terms and Conditions gives you any right, title or interest in the content or this Website and you do not acquire any such right, title or interest through your use of the Website. If you need third party software to use this Website, you agree to obtain a licence of that software at your own expense.

You are entitled to view this Website and use information available on the Website if authorised by us. Any other use is strictly prohibited without our prior written consent.

Limitations on Use

You must be 16 years of age or older to access this Website or use the contents of this Website.

You agree to use this Website solely for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of this Website by, any third party. You also agree not to interfere with the servers or networks connected to this Website or to violate any of the procedures, policies or regulations of networks connected to this Website, the terms of which are incorporated herein.

You agree not to impersonate any other person while using this Website or conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our Website.

We reserve the right to remove content from this Website without notice and at our sole discretion. We furthermore reserve the right to block your use of this Website without notice and at our sole discretion.

The contents of this Website are provided in good faith. It is your responsibility to use professional judgement, skill and knowledge when viewing or interpreting any information made available through this Website including but not limited to the contents of any photographs and documents and to accept responsibility for any use which is made thereof.

We shall not be held liable for any infringement of copyright or any breach or infringement of any other right resulting from your use of the contents of this Website.

You are permitted to print and download extracts of the Website on the basis that: no documents or related graphics on this Website are modified in any way; no graphics on the Website are used separately from the corresponding text; and our copyright and trade mark notices and this permission notice appear in all copies. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded or printed content obtained from this Website.

Please note that 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 our prior written permission.

You may not disrupt or misuse this Website (including, without limitation, by hacking into any part of it for which you do not have authorisation, by accessing or seeking to access any source code, by exploiting vulnerabilities or by executing a denial of service attack).

We may terminate your authorisation to use this Website immediately in the event you breach any of these Terms and Conditions or at our sole discretion.

Material Provided by You

The confidentiality of any material you send, upload or input to this Website shall be commensurate with the roles that you have been assigned within the Website. We shall have no liability with respect to any breach of confidentiality associated with any material you send, upload or input to any public area of this Website.

We and any authorised user of the Website, commensurate with the user's role that has been assigned within this Website, shall 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.

You agree to ensure that all material you send, upload or input to this Website (including but not limited to text, software, database, format, graphic and written work and all other materials) is legal, decent and truthful, complies with all laws and regulations, does not infringe the Intellectual Property Rights or other rights of us or any third party, is not defamatory, unreliable or misleading or otherwise objectionable and is free of bugs, worms or viruses or other methods of attack. You agree not to use this Website to advertise or sell any goods or services to other users of this Website.

You agree to only send, upload or input content to this Website that is:

(a) owned by you

(b) submitted with the express permission of the owner or within the scope of the licence to such content, or

(c) in the public domain. You also agree not to send, upload or input any information or personal data relating to a third party.

You are solely responsible for any material you send or upload to this Website. You hereby indemnify and hold us harmless against any loss, damage or claims arising from material sent or uploaded by you to this Website. We may, at our sole discretion, remove all or part of any material you send, upload or input to this Website. You must provide all reasonable assistance in this respect.

Monitoring of this Website

We shall have the right, but not the obligation, to monitor your use of this Website and of any material you send or upload to this Website.

Disclaimer of Warranty

This Website is provided on an "AS IS" basis and we disclaim and exclude all warranties or representations of any kind, express or implied, with respect to this Website or its contents (including, without limit, implied warranties of satisfactory quality, fitness for a particular purpose or accuracy) to the extent permitted by applicable law.

We endeavour to prevent but do not warrant that this Website or the server that it sits on are free of viruses or bugs or that the materials contained on this Website will be error free and we accept no liability in this regard. Any material downloaded, or information obtained, from this Website is downloaded and used entirely at your own risk and you are responsible for any such use or the consequences of any downloading.

Limitation of Liability

We do not, and nothing in these Terms and Conditions shall act to exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not by applicable law be excluded or limited.

Subject to the aforesaid, we shall not be liable for any loss, damage or claim whatsoever arising from your use of this Website (whether for breach of contract, negligence or for any other reason) including for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

For the avoidance of doubt, we are not liable for any damage or loss that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with accessing or using this Website and its contents.

Severance

If any of these Terms and Conditions are held to be illegal, invalid or otherwise unenforceable by any court of competent jurisdiction, then to the extent that the Terms and Conditions are held to be illegal, invalid or unenforceable, such terms shall be deemed deleted and the remaining provisions shall survive and remain in full force and effect and binding on you.

Waiver

If you breach these Terms and Conditions and we take no action or delay in taking action then that will not constitute a waiver of our rights and remedies under these Terms and Conditions.

Waiver

If you breach these Terms and Conditions and we take no action or delay in taking action then that will not constitute a waiver of our rights and remedies under these Terms and Conditions.

Third Party Websites

This Website may provide links to third party websites ("Third Party Websites") for your convenience. If you use these links, you leave this Website. Since we do not control such linked Third Party Websites, we encourage you to review the terms and conditions of use of these Third Party Websites. You acknowledge and agree that we are not responsible for such Third Party Websites in any way.

Third Party Rights

A person who is not a party to these Terms and Conditions may not enforce any of the terms under the Contracts (Rights of Third Parties) Act 1999.

Territorial Disclaimer

This Website is operated and controlled by us from our hosting company within the United Kingdom and is designed to comply with English law. We make no representation that the contents of this Website are appropriate or available for use in other locations and it is prohibited to access them from territories where their contents are illegal. If you choose to access this Website from locations outside the United Kingdom you do so on your own initiative and at your own risk and are responsible for compliance with applicable local laws.

Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You and we agree to submit to the non-exclusive jurisdiction of the English Courts.