Effective: 25th January 2023
These Kynetec User Terms (the “User Terms”) govern your access to and use of the Kynetec Farm Structures Model made available to you via https://fsm-uki.kynetec.com. Please read them carefully.
Access to and use of this website both within the UK and internationally are provided by Kynetec on the terms set out below.
These terms are subject to change from time to time without notice so should be checked regularly. Continued use of this website will be deemed acceptance of the updated or amended terms.
These User Terms are a binding legal agreement
These User Terms are a legally binding contract between you and us which is formed when you agree that you have read and accepted these User Terms. If you do not agree with these User Terms, you must not access or use our Farm Structures Model.
KYNETEC, we, our and us refer to Kynetec UK Ltd, company number 4229246, registered in England and Wales with registered office at Weston Court, Weston, Newbury, Berkshire RG20 8JE, UK.
All references in these User Terms to the “Site” are deemed to refer to the Farm Structures website that you are visiting, including all functionality and services available through that website.
YOUR USE OF THE SITE, OR ANY PART THEREOF, CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE USER TERMS.
If you are using the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you hereby affirm that you are authorised to represent such person or entity and, in that capacity, you agree that the person or entity that you represent will be bound by these User Terms. You further represent and warrant that you are of legal age to form a binding contract, and that no legal reason exists that we should deny you access to the Site.
Because we may modify the User Terms from time to time without notice to you, we encourage you to read these User Terms from time to time to ensure that you are aware of your current rights and responsibilities. Any changes we make to these User Terms will be effective immediately after we post modified User Terms, notwithstanding the possibility that you may have a previous version cached on your browser. The User Terms that apply are the most recent version of the User Terms that appear on a non-cached browser. Your continued use of the Site after changes to these User Terms have been published constitutes your binding acceptance of the updated User Terms.
If, at any time, these User Terms are no longer acceptable to you, you should cease using the Site immediately.
In addition to these User Terms, certain services offered for purchase or use through the Site are subject to their own terms and conditions. Please be sure to review the applicable terms and conditions when purchasing or using such services. To the extent that there is a conflict between any terms of these User Terms and the terms and conditions specific to such services, the service-specific terms and conditions will govern and control. Certain services provided by Kynetec and its affiliates (including LOCUS MIS and One-to-One) are subject to Kynetec’s General Terms & Conditions.
Your use of the Site is subject to all applicable local, national and international laws and regulations. You agree to abide by all such laws and regulations, including those relating to intellectual property, defamation, privacy, and the transmission or exportation of data.
You agree that you will not do or assist any third party to do, any of the following:
You further agree that you will not use the Site to:
Use of Data
No data from this site may be used for editorial use meaning news, factual, educational, public interest, informational and/or historical purposes without express permission from Kynetec. No content may not be used for commercial use, meaning advertising, marketing, merchandising, promotional or in any way endorsing goods or services without express permission from Kynetec. Except as otherwise provided in these User Terms or as otherwise expressly permitted by Kynetec in advance in writing, data may not be republished, saved, archived, copied, streamed or redistributed without Kynetec’s prior written consent.
User Accounts and Account Information
You agree to provide true, accurate, current and complete account information, and to promptly communicate any updates of that information to Kynetec.
You are responsible for keeping your login credentials confidential. You may not share your password with anyone. You may not transfer your registration, username or password to any other person or entity or otherwise permit anyone to access or use your account.
You are solely responsible for any account information submitted, as well as any other activity that takes place on or through your account.
If you become aware that your account may have been breached or compromised in any way, you agree to immediately notify us at Kynetec so that we can change your password.
Kynetec does not guarantee the accuracy, timeliness, integrity, quality, safety, appropriateness or any other aspect of any information or content provided by the Farm Structures Model. Posted information and data may not be complete, timely or accurate, and should not be relied upon. We will, however, use reasonable efforts to correct any error of fact, timing or omission brought to our attention.
All information and content provided by Kynetec, all proprietary elements and aspects of the Site and any proprietary material generated or derived from the same (including software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, information, the compilation of all information and content on the Site, the selection, sequence and “look and feel” and arrangement of items), and all trademarks, service marks and trade names used in association with the Site (individually or collectively, "Kynetec Materials"), are the exclusive property of Kynetec.
Except as expressly permitted herein, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute (including any electronic redistribution or database storage and retrieval), disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any Kynetec Materials, in full, in part, in full text or in abstract, without the express prior written consent of Kynetec.
All copyright, trade marks, design rights, patents and other intellectual property rights in and on this website are vested in Kynetec UK Limited or its licensors. All rights reserved.
Marks, service marks and trade names used in association with the Site (individually or collectively, "Kynetec Materials"), are the exclusive property of Kynetec.
You may not alter, delete or conceal any copyright, trademark or other notices contained on the Site, including notices contained within or together with any Kynetec Materials.
Except as expressly permitted herein, you may not reproduce, modify, create derivative works from, display, perform, publish, distribute (including any electronic redistribution or database storage and retrieval), disseminate, broadcast or circulate to any third party (including on or via a third party website), or otherwise use, any Kynetec Materials, in full, in part, in full text or in abstract, without the express prior written consent of Kynetec.
Reproduction of part or all of the contents of this website, or in any form is prohibited other than for personal use or internal business use only and may not be recopied and shared with a third party. All copyright notices in the original material must be retained. This website may not be modified, disassembled, decompiled or reverse engineered in any way for any commercial purpose.
The permission to recopy for personal and internal business use does not allow for incorporation of material or any part of it in any other web-site, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise). Kynetec is not responsible for any file downloads.
Any unauthorized or prohibited use of the Site, any Kynetec Materials or other proprietary material may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws and regulations, as well as foreign laws, regulations and treaties. You are solely responsible for determining and confirming your compliance with all laws and regulations applicable to use of Kynetec Materials in a jurisdiction, including without restriction all laws and regulations applicable to intellectual property rights. Your use of Kynetec Materials is at your own risk and without any representation or warranty whatsoever from company name its affiliates or its service providers.
Kynetec has the right, but not the obligation, to take any of the following actions at any time without notice to you:
We may take any of the above actions for any reason, including: (i) suspicion of a breach or violation of these User Terms or incorporated policies, guidelines and limits; (ii) a request by law enforcement or another government agency; (iii) a request by you; (iv) discontinuance or modification of the Site (or any part thereof); (v) to protect the rights, property or personal safety of the third parties; or (vi) in response to technical or security issues or problems affecting the Site. In addition, if you select a username that Kynetec deems, in its sole discretion, to be potentially misleading, infringing, obscene, threatening, offensive, harassing, defamatory, invasive of another's privacy, or is otherwise objectionable or inappropriate, we may, without prior notice to you, change your username or take any of the above-listed actions.
Once an account has been deactivated (for whatever reason), all information, files and other contents stored in that account may be irretrievably deleted without notice to you, and Kynetec shall have no further obligation to you.
We reserve the right without any liability to you to take whatever actions that we deem necessary in our sole discretion to investigate any suspected illegal and/or unauthorized use of the Site, or any breach of these User Terms, and, in addition to those actions listed above, to take appropriate legal action against you, including without limitation seeking civil, criminal and injunctive relief.
You agree that if your Site user account is terminated for any reason, you will not attempt to establish a new account.
We reserve the right to change the Site (including changing or discontinuing any services and functionality offered, in whole or in part) at any time for any reason at our discretion without notice or liability to you.
You hereby agree to indemnify, defend (except as set forth below), and hold Kynetec, its parent, subsidiaries, affiliates, content suppliers and customers, and their respective officers, directors, owners, employees, agents, representatives, vendors, service providers and licensors, and their respective successors and assigns harmless from and against any and all liability, loss, damage, judgment, cost and expense (including attorneys' fees and costs), incurred in connection with any claim, action, or proceeding brought by a third party based upon or arising out of your use of the Site, your use of any Kynetec Materials, the information or content you submit to or through the Site, or your violation or alleged violation of these User Terms or the rights of any other user, person or entity (an “Indemnified Claim”).
Kynetec reserves the right to assume the defense and control of any Indemnified Claim, and all negotiations for settlement or compromise thereof, and you agree that you will, if and as requested by Kynetec, fully cooperate with Kynetec in the defense of any such Indemnified Claim in addition to your other indemnity obligations hereunder.
THE SITE AND ALL KYNETEC MATERIALS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KYNETEC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES (I) WARRANTIES OF TITLE AND NON-INFRINGEMENT, (II) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, (III) WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, TIMELINESS, QUALITY, SAFETY OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE, (IV) WARRANTIES THAT THE SITE WILL BE AVAILABLE FOR USE, UNINTERRUPTED, ERROR FREE OR SECURE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS OF THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE CORRECTED, (V) WARRANTIES THAT THE SITE (INCLUDING FILES AVAILABLE FOR DOWNLOAD FROM OR THROUGH THE SITE) OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kynetec does not warrant that functions, materials and information available on this website (and/ or linked to it) will be uninterrupted or error free, that defects will be corrected, or that this website or its servers are free of viruses or bugs and other items of a destructive nature. The website user is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output.
The information on this website does not constitute advice or recommendation. NO OPINION, ADVICE, OR STATEMENT OF KYNETEC OR ITS AFFILIATES, SUPPLIERS, AGENTS, CUSTOMERS, OR USERS, WHETHER MADE IN THESE USER TERMS, ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Kynetec does not guaranty any content of any other website referred to or accessed by hypertext links or otherwise through this website ('Third Party Site'). Kynetec does not endorse or approve the content of any Third Party Site, nor will Kynetec have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous).
YOUR USE OF THE SITE AND ANY AND ALL INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL KYNETEC OR THE KYNETEC PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION OR CONTENT THAT YOU VIEW, DOWNLOAD OR OTHERWISE OBTAIN FROM OR THROUGH THE SITE. Kynetec shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website.
UNDER NO CIRCUMSTANCES SHALL KYNETEC OR THE KYNETEC PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH ANY MISREPRESENTATION OR OTHER BREACH OF THESE USER TERMS BY ANOTHER USER, OR ANY COMMUNICATION, ACTIVITY, BUSINESS DEALING OR TRANSACTION BETWEEN YOU AND ANY OTHER THIRD PARTY.
THE KYNETEC PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU AGREE TO WAIVE ANY AND ALL RIGHTS AGAINST THE KYNETEC PARTIES AND HOLD THE KYNETEC PARTIES HARMLESS IN CONNECTION WITH, ANY CLAIMS RELATING TO (I) ANY ACTION TAKEN OR NOT TAKEN BY THE KYNETEC PARTIES AS PART OF AN INVESTIGATION OF A SUSPECTED VIOLATION OF THESE User Terms, AND (II) ANY STEPS TAKEN OR NOT TAKEN BY THE KYNETEC PARTIES IN RESPONSE A CONCLUSION THAT A VIOLATION OF THE User Terms HAS OCCURRED OR NOT OCCURRED.
REGARDLESS OF THE FORM OF ACTION, WHETHER TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, IN NO EVENT SHALL THE KYNETEC PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGE OR EXPENSE, INCLUDING LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF (OR YOUR INABILITY TO USE) THE SITE OR ANY KYNETEC MATERIALS, OR ARISING FROM ANY OTHER CAUSE, EVEN IF THE KYNETEC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR EXPENSE.
THE KYNETEC PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU ON ACCOUNT OF ANY AND ALL CLAIMS AND ACTIONS OF ALL KINDS, INCLUDING TORT, CONTRACT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY ARISING IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY KYNETEC MATERIALS, OR ARISING FROM ALL OTHER CAUSES, SHALL NEVER EXCEED THE GREATER OF THE TOTAL AMOUNT PAID TO THE KYNETEC PARTIES BY YOU, IF ANY, FOR ACCESS TO THE SITE IN THE CURRENT CALENDAR YEAR.
NOTWITHSTANDING THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, NOTHING IN THESE USER TERMS EXCLUDES OR LIMITS KYNETEC'S LIABILITY FOR ANY CLAIM THAT, BY LAW, CANNOT BE EXCLUDED OR LIMITED.
Notice. We may be required by law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You have the right to request that we provide such notices to you in hard copy, and may do so by contacting us. If you do not provide us with accurate information and update it, as necessary, we cannot be held liable for a resulting failure to notify you.
Cumulative Rights. Except as otherwise provided herein, no rights or remedies of Kynetec in these User Terms are exclusive, but are cumulative of all other rights and remedies.
Assignment. The rights and obligation of Kynetec under these User Terms may be assigned or delegated, in whole or in part, by Kynetec to an affiliate or a third party in connection with a merger, acquisition, reorganization, or sale of assets. You may not assign or delegate these User Terms, in whole or in part, and any attempt to do so will be null and void.
Choice of Law & Forum. The formation, construction and interpretation of these User Terms and all disputes arising out of or relating hereto shall be governed by and construed in accordance with the laws of the United Kngdom, giving no effect to conflict of law principals. The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of these User Terms. Any dispute relating to these User Terms shall be subject to the exclusive jurisdiction of the courts in the United Kingdom. The parties agree to submit to the personal and exclusive jurisdiction of these courts, and to waive any objections to jurisdiction, venue or forum.
Construction. In these User Terms, unless otherwise specified: (i) "herein," hereof," "hereunder," "hereto," and similar terms, refer to these User Terms as a whole and not merely to the specific section, paragraph or clause in which the respective word appears; (ii) any defined terms may, unless the context otherwise requires, be used in the singular or the plural; (iii) “or” connotes any combination of all or any of the items listed; and (iv) where “including,” “include” or “includes” is used to refer to an example or begins a list of items, such example or list shall not be exclusive.
No Third Party Beneficiaries. Except for Kynetec affiliates, and the suppliers and vendors that support the Site, there are no third party beneficiaries of these User Terms.
Headings. Headings and captions contained in these User Terms are included for convenience only, and are not intended to define or govern the interpretation of any section or provision hereof.
Waiver. The failure of Kynetec to exercise or enforce any right or provision of these User Terms shall not constitute a waiver of such right or provision, and no waiver of Kynetec of a breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Severability of Terms. If any provision of these User Terms is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed deleted from the User Terms and replaced with a provision that approximates, as nearly as possible, the intent of the offending provision while remaining valid, legal and enforceable. All other provisions of these User Terms shall remain in full force and effect.
If you encounter any problems with or have any questions about the Site, Kynetec Materials, or these User Terms, you may contact us farmstructuresmodel@kynetec.com
Copyright Notice
Copyright © 2024 Kynetec Ltd.
Last updated: 01/03/2024