Terms of Use

Terms of Use

Hesco Bastion Group Website

Version Date: September 2015


WHO WE ARE

1. This website (‘Website’) is operated by Hesco Bastion Limited and its affiliated entities (‘Hesco’ with ‘we’, ‘us’ or ‘our’ being construed accordingly).  We are registered for UK VAT and our number is 123376136.


WHAT ARE THESE TERMS OF USE FOR?

2. These Terms of Use govern use of this Website by you, the user (with ‘you’ and ‘your’ being construed accordingly) and any content or material that you may access through this Website. 

3. Please note that Hesco may amend or modify these Terms of Use from time to time and accordingly you should check for the latest version.


OUR AGREEMENT TO YOU

4. Hesco agrees to provide you with access to the Website in accordance with these Terms of Use. You are granted a personal, non-exclusive and non-transferable right to access our Website and use any applications, information, data, graphics, images, photographs, video and other audio or visual material on our Website (‘Content’) solely for your own reference or such internal business purposes as are expressly permitted by Hesco in accordance with these Terms of Use.

5. You agree to comply with these Terms of Use and observe any other terms and conditions, policies or third party terms of use appearing on our Website, including but not limited to our Privacy Policy. In the event of conflict or inconsistency with any other terms, conditions or policies, these Terms of Use shall prevail.

6. Hesco cannot guarantee that this Website or Content will be available or function on an uninterrupted or error free basis. 


CONTENT

7. The information contained in the Website is intended solely to provide general guidance. Hesco reserves the right to make changes to this Website or any Content without notice at any time.  Nothing in this Website (i) constitutes an offer, representation, warranty, term or condition; or (ii) is a substitute for your need to employ adequate independent technical expertise and judgment in relation to the selection, purchase and use of any products or services appearing on this Website.

8. Where Hesco provides links to any other third party website this is for information only. Such links are not endorsements of any business, product or service appearing on such third party websites and Hesco accepts no liability for your use of these websites, which will be subject to their own terms and conditions.


OUR RIGHTS

9. The intellectual property rights in relation to any Content (including rights relating to any inventions, copyright material, business names, trade marks, goodwill, designs, domain names, databases, know-how and other intellectual property rights, whether registered or unregistered, existing anywhere in the world) belong to Hesco or our licensors (as the case may be). 

10. Other than as is expressly referred to in these Terms of Use, you must not copy, modify, distribute, broadcast, publicly display, share or make available, rent or lend, republish, frame, provide links to or upload any parts of our Website or commercially exploit any Content without our prior written consent.

11. Where you choose to post or provide us with any information relating to you, from which you can be identified, you agree that this will stored and used in accordance with our Privacy Policy and that ‘cookies’ may be used on this Website as set out in our Privacy Policy.


DOWNLOADED AND PRINTED MATERIAL

12. Material featured in any publication available for download (or that may be reproduced) through this Website must not be used, modified, adapted, published, distributed or reproduced in connection with any product or service without obtaining prior written permission from Hesco.  

13. 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. 

14. Without prejudice to the foregoing, Hesco’s status (and that of any identified contributors) as the authors of Content on our Website must always be properly acknowledged and any credits or notices accompanying such Content must be reproduced in full.

15. You must not (or enable others to) re-publish, distribute or otherwise seek to exploit any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

16. If you use, re-publish, distribute or exploit any Content or other material downloaded or extracted from our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Content or materials you have made.


PATENTS

1. Hesco is the proprietor of a number of patents and patent applications, including (without limitation) those listed below. In all cases European and US patents and applications, or alternatively International applications, are specifically referenced, but other jurisdictional equivalents may apply:

a. Recoverable Defensive Barriers are covered by patent nos. 1951963 and 2085522 (Europe); and are subject to application nos. 12/090,648 and 13/302,671 (US).

b. RAID is covered by patent nos. 2099973 (Europe) and 7905685, 7896583, 7789592, 7708501, 7883297, 7891913 (US).

c. LWBR is subject to application nos. 12/937,888 (US) and 09744724.7 (Europe).

d. Hesco Accommodation Bunkers are covered by patent nos. 1992768 and 2145064 (Europe), 7856761 (US); and is subject to application no. 12/595,436 (US).

e. HRSF is covered by patent nos. 2052113 and 2108740 (Europe); and is subject to application no 12/360,280 (US).

f. Hesco Flood Barriers is subject to International Patent Application PCT/GB2013/051490 (FLOODLINE) and GB1315403.4 (recoverable)

g. Delta Unit is subject to application nos. 11722862.7 (Europe) and 13/153,965 (US).

h. CORE is subject to International Patent Application PCT/GB2013/050317.

i. CART is subject to International Patent Application PCT/GB2012/053275.


TRADEMARKS

2. Hesco, Hesco Bastion, Concertainer, MIL, RAID, HAB, EOPS, Floodline, Rockface, CART, Delta Unit, EPW and CORE are registered or unregistered trade marks of Hesco Bastion Ltd and used under licence by its affiliates around the world.


DISCLAIMERS AND EXCLUSIONS

3. You accept and agree that:

a. You will not act in any way that interferes with the operation of this Website or which in our reasonable opinion has or is likely to have an adverse impact on any of its users. 

b. Content appearing on this Website is not intended to constitute advice and may not always meet your own particular business requirements

c. You take responsibility for how you choose to use any Content and Hesco cannot be liable for any omissions or errors in any Content;

d. Although Hesco makes reasonable efforts to update the information on this Website, Hesco makes no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date; and

e. Hesco are not liable for this Website not being available due to technical issues or other events beyond our control.

4. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HESCO EXCLUDE LIABILITY (ON OUR OWN BEHALF AND ON BEHALF OF OUR EMPLOYEES, AGENTS, OR REPRESENTATIVES) FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; OR (II) ANY LOST PROFITS, REVENUE OR ANTICIPATED SAVINGS, CONTRACTS, LOST DATA OR ECONOMIC LOSS (WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR LINKED THIRD PARTY SITE, EVEN IF HESCO HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. 
5. YOU ASSUME RESPONSIBILITY FOR ESTABLISHING YOUR OWN PROCEDURES FOR DATA BACK UP AND ANTI-VIRUS OR OTHER SCREENING ON YOUR COMPUTER OR MOBILE DEVICE TO PROTECT IT AS NECESSARY AGAINST HACKING OR OTHER HAZARDS.  

6. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE, HESCO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN RELATION TO THE CONTENT ON THIS WEBSITE (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING, BUT NOT LIMITED, TO WARRANTIES, CONDITIONS OR TERMS RELATING TO QUALITY OR FITNESS FOR PARTICULAR PURPOSE.  THESE TERMS OF USE WILL NOT EXCLUDE OR LIMIT SUCH MANDATORY RIGHTS THAT YOU ARE ENTITLED TO UNDER APPLICABLE LAW, TO THE EXTENT THAT THOSE RIGHTS CANNOT BE EXCLUDED OR LIMITED BY CONTRACT.


GENERAL

7. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion which (if legally permitted) shall remain in full force and effect as if the invalid portion of the Terms of Use had been eliminated.

8. Hesco may assign, transfer or subcontract any of our rights and obligations under these Terms of Use and in relation to provision of this Website. 

9. These Terms of Use are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to the Website or these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings relating to a dispute shall be in the English language.

10. Hesco are always happy to hear any feedback about this Website so please contact us if you have any comments or requests. Hesco will endeavour to respond to these as soon as possible. Our address for correspondence is info@hesco.com


© Hesco Bastion Limited 2015