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Please read this Terms of Use agreement before using the services offered by SB Machinery LTD (“Company” or “we”). These terms of use set forth the legally binding terms and conditions for your use of the website at diggersandtractors.com (the “Site”) of which the website site and domain name including all content and media is owned and registered by Frank Taylor and is used by SB Machinery LTD and the services, features, content, products and applications offered by Company and/or third parties (collectively with the Site, the “Service” or “Services”). More information can be found on our Help page.
By registering for and/or using the Service in any way, including without limitation merely visiting the Site, you expressly acknowledge that you have read and agree to be bound by all of the terms and conditions herein (the “Terms”), the Privacy Policy and other guidelines and policies we may publish on the Site from time to time, each of which is incorporated herein by reference.
This Service is intended for lawful use by persons over sixteen (16) years of age. Company reserves the right to change these Terms, the Privacy Policy and other Company guidelines and policies posted on the Site from time to time at its sole discretion, with or without notice.
Your continued use of the Service constitutes your acceptance of the revised Terms, and your use of the Service will be subject to the most current version of these Terms, policies, and guidelines posted on the Site at the time of such use. If you breach any part of these Terms, your authorization to use the Service will automatically terminate.
Subject to these Terms, Company may offer to provide certain Services, as described more fully on the Site, which are solely for your own use, and not for the use or benefit of any third party. Services may include any information content provided for or distributed to you (over the Internet, in person during an event or otherwise), any services performed for you, and any applications or widgets offered to you, whether any such Services are provided by Company or, subject to the terms set out under the “Third Party Sites and Services” section below, by third party providers authorized by Company.
If you choose to set up a profile account or membership account on the Site, you will become a “User.” During the profile registration process, you will be asked to choose a password. You agree to keep your password confidential. Users are entirely responsible for any and all activities which occur under their account whether authorized or not authorized, unless access to a user’s user name and/or password was obtained by a third party through no fault or negligence of User’s own. User agrees to notify Company of any unauthorized use of User’s account or any other breach of account security as soon as it becomes known to User. Any rights to use Services offered to a User are personal to that User and not for commercial use without the express written consent of Company. You are solely responsible for your interactions with other Users, third party developers or any other parties with whom you interact through the Service. Company reserves the right, but has no obligation, to become involved in any way with any disputes.
Company provides you the ability to register, create, add, distribute and/or post content (“User Submissions”), which may include but not be limited to, comments, suggestions, questions, ratings, reviews, graphics, photographs, videos, articles, blog postings, and Personal Data That We Collect as defined in the Privacy Policy. In regards to your User Submissions, you will:
+ acknowledge that you are publishing that User Submission;
+ acknowledge that the content found in your User Submission is in the public domain;
+ acknowledge that you may be publicly identified as a result of your User Submission;
+ acknowledge that you own and control all of the content associated with your User Submission or have full authority and permission from owners of any right, title, or interest when submitting content in a User Submission;
+ agree to pay royalties or other fees owed to any person or entity as a result of your User Submission;
+ have permission to use the name and likeness of each identifiable individual person when submitting User Submissions that pertain to any identifiable individual’s personal information;
+ hereby grant Company an international, perpetual, non-exclusive, transferable, royalty-free, fully paid license to use, reproduce, display, distribute and fully exploit your User Submissions in connection with Company and its businesses, including but not limited to redistributing part or all of your User Submissions to any media format and through any media channels, including but not limited to those of third parties;
+ acknowledge and understand that Company has the right to delete, edit, modify, excerpt or translate any User Submission;
+ acknowledge and understand that any you are solely responsible for any User Submission content that you submit to Company;
+ acknowledge and understand that Company is not responsible or liable for any User Submission that is erroneous, deceptive, fraudulent, defamatory, obscene, profane, unlawful, promotional of any crime or invasive of another’s privacy; and
+ acknowledge and understand that Company cannot guarantee the identity of Members or other users of the Service with whom you interact.
The Service is provided for personal, non-commercial use only. You are solely responsible for all of your activity in connection with the Service.
Without limitation, the following are examples of User Submissions that are not permitted:
+ User Submission is knowingly inaccurate, deceptive, fraudulent, false, or untruthful.
+ User Submission is libelous, obscene, defamatory, offensive, profane, unlawful, promotional of any crime or invasive of another’s privacy.
+ User Submission is unsolicited advertising or use of junk, “spam”, or bulk transmission, or “phishing”.
+ User Submission is intended to result in the transmission and/or distribution of a computer or mobile device virus.
+ User Submission is meant to impersonate any person or entity.
Company reserves the right, but has no obligation, to edit, modify, delete, hide or remove any User Submission in its sole discretion with or without cause. Company does not guarantee that any User Submission will be made available on the site. Company reserves the right to refuse service, terminate accounts, and cancel orders if we believe that your conduct violates these Terms.
Company reserves the right to modify or discontinue any element of the Service with or without notice to you, and Company will not be liable to you or any third party should Company exercise this right. You acknowledge and accept that Company does not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Company reserves the right to charge for any portion of the Services and to change its fees (if any) from time to time in its sole discretion. If Company terminates your access to the Services because you have breached these Terms, you will not be entitled to the refund of any unused portion of fees or payments (if any).
The Service may include links to other websites, services or resources on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability, content, legality, appropriateness or any other aspect of any third-party site. Your use of third-party sites is at your own risk and subject to the terms of use and privacy policies of each site, for which we are not responsible and which we encourage you to review.
Certain Services, including many of our events, are organized by third parties. Additionally, certain other Services, including registration, scheduling and mobile applications, are provided by third parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to content, products and services provided by any third party.
THE SERVICE IS PROVIDED BY COMPANY ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, UP-TO-DATENESS OR OTHERWISE. COMPANY WILL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SERVICE. COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMPANY WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Company, its subsidiaries, affiliates, officers, directors, LLC members, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners, from any claim or demand, including reasonable attorneys’ fees and damages of any kind, made by any third party due to or arising out of your use of the Service, your User Submissions, your violation of these Terms, or infringement by you, or other users of the Service using your computer or mobile device, of any intellectual property or any other right of any person or entity.
All content included or available on this site, including site design, media text, graphics, interfaces, and the selection and arrangements thereof is the property of Site and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Company is strictly prohibited.
diggersandtractors.com site (website) and domain name including all media and content is owned and registered by Frank Taylor and the site is used by (The Company) SB Machinery LTD. The company’s trademarks may not be used in connection with any product or service that is not provided by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or its trademarks.
All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of their products and services.
If any provision of these Terms is found to be unlawful, unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. You agree that these Terms may be transferred or assigned by Company, in our sole discretion, to a third party in the event of a merger or sale of Company or its assets. These Terms will apply in addition to any other written agreement between us (a “Specific Agreement”). In the event of a conflict between these Terms and any Specific Agreement, the Specific Agreement will control with respect to your rights to the Service.
Last updated: Jan 2020
It is important that you read and understand this privacy policy so you are aware of how diggersandtractors.com overseen by SB Machinery Ltd collect, use and store your data. In line with UK data protection laws and EU regulations, specifically the General Data Protection Regulation (GDPR) we have obtained your consent to do this and your continued use of the diggersandtractors.com platform demonstrates your agreement to this policy and any subsequent changes.
From time to time we may make changes to this policy and we will inform you that changes have been made. diggersandtractors.com overseen by SB Machinery Ltd is compliant with GDPR and believes that the site’s users have the right to know how their data is collected and used by us. This notice outlines our practices when gathering, storing, using and deleting your data.
Who is collecting your data?
basic data is being collected by diggersandtractors.com overseen by SB Machinery Ltd , a company registered in England and Wales. diggersandtractors.com is committed to protecting you, our user’s (subscribers, customers and the general public visiting our site) personal data and we respect your privacy as outlined in this policy. Should SB Machinery Ltd be sold, undergo a merger (either fully or partly) or face Administration your data could be included in an asset transfer at which point you will be notified.
Minimum age of our users
All users of diggersandtractors.com overseen by SB Machinery Ltd must be over the age of 16. All data and information we have unwittingly obtained from children under the age of 16 will be deleted. Any members who are aware or concerned that a member is a child under the age of 16 and sharing information, should report this to our customer support team by contacting the site admin via message or by visiting our Contact us page.
What information do we collect?
When users register with diggersandtractors.com, SB Machinery LTD will have access when they give information about themselves in order to open an account – providing additional information including a full name, Profile type, geographic location and a profile image. Additionally, all registered users have access to the diggersandtractors.com platform messaging service, to send messages between members of the platform as well as directly to sb-machinery (admin)
diggersandtractors.com overseen by SB Machinery Ltd hold the following information on our users:
email address
member’s name
Location
diggersandtractors.com platform messages – members must be aware that these messages are not confidential and the diggersandtractors.com compliance team have the right to review these messages for dispute resolution purposes, or concerns over fraudulent or other illegal activity
When issuing a complaint against a member or raising an issue, any information provided in this instance will be retained
Any other correspondence between our users and diggersandtractors.com will also be retained
diggersandtractors.com may also hold some additional data that users provide to improve their profile. Users can view the information they have provided by viewing their profile page when logged in. The information users choose to provide on their profile is in the public domain and is visible to all visitors of the site. Privacy options can be changed via the account settings.
diggersandtractors.com from time to time may collect additional information such as physical address and additional authentication information.
diggersandtractors.com does NOT hold any payment card or bank account information. Users’ payment card information is never shared with us by our payment processors.
Additional information is also gathered when users view and utilise the platform by form of user behaviour analytics – this information includes, but is not limited to:
Geographic location
Brower details
Device details
IP address
Impression data
Global identifier data from advertisements
Why do we need this information?
We need this information to allow us to communicate with our users and to keep improving our service, We keep your messages because we sometimes need them to help resolve disputes between users and diggersandtractors.com, should they arise. This helps us to ensure the integrity of the platform; prevent fraud and misuse and; provide a secure and easy place for users to share content of a similar interests. All of the above is vital to ensuring we offer a safe and high quality service to our users. Should we need to use your information for reasons other than those set out in this policy, your consent will be obtained beforehand.
How long is user data retained for?
diggersandtractors.com (SB Machinery Ltd) retains most user information for a minimum of six years as part of its obligation under UK tax and accountancy rules. After six years we will review and delete (anonymise) if appropriate. diggersandtractors.com has no legal requirement to retain message records. Records are retained to resolve queries and disputes between users for as long as necessary. Data may also be retained until no longer needed from closed accounts to prevent fraudulent or other illegal activity, resolve any ongoing disputes or collect outstanding fees.
How do we anonymise user data?
When you as a user asks to have their account deleted, diggersandtractors.com will in certain cases choose to anonymise some of your data and delete the rest. The data that we will anonymise includes: username, email, full name, IP address. The following data will always be deleted: your description, profession, profile pictures, city, country, favourite services, favourite products and any services.
How do we collect user information?
The majority of information is collected directly by our users voluntarily providing the information on the site, through registration forms, posting content, pictures, forums, messaging users and providing any ad hoc voluntary information on the site. Behavioural and technical user data is automatically collected through our systems – an example of this is the use of Cookies (please see below).
Data shared with Third Parties
diggersandtractors.com will never sell or lease your personal data to third parties for marketing purposes. Should we ever want to do this we would gather users’ explicit consent. Your personal data will only ever be provided to third parties to allow the diggersandtractors.com platform to continue operating. Examples of these are our Customer Relationship Management systems, mailing systems, technical support, third party analytics (such as Google) and of course payment processors. diggersandtractors.com do NOT hold any payment card or bank account information. This is never shared with or by our payment processors. For details on your privacy please refer to our individual payment processors’ privacy policies for details. To protect the platform and its users from fraudulent and other criminal activity, we are duty bound to share your personal data if requested by a regulatory authority or a court order. Your personal data can be used statistically as a group of users with information from other companies (suppliers) used to develop the platform and inform our marketing activity.
The use of Cookies
As described, we collect anonymous behavioural and technical data on our users. This data is obtained by the use of ‘cookies’, small computer programs that are temporarily stored in your web browser. Cookies in isolation do not allow us to identify individual users.
We have third party data collectors that use cookies such as Google analytics, facebook pixel and our payment processors (pertaining to details to remember your payment details should you wish to). uses cookies which remember your login details (remember your password, should you choose) and also user_Id and time logged in for functionality security purposes. We also, as per EU law, use cookies if you’ve clicked the OK button on the cookie notice. Should you not want us to use cookies, you can set your browser to block them. Please be aware that some of our services may not work properly when cookies are disabled.
Links to third party websites
All links to external sites which are run by third parties are outside the control of this privacy policy; as such, we have no responsibility for their privacy policy and general practices. We recommend that you review their individual privacy policies should you have any concerns.
Users’ rights to update or delete their data
Most of the user generated content (UGC) on the website can be updated directly by our users once they have logged in. Should users wish to update any other information they should contact the site admin to assist them with this. We may require some personal information to make any changes in terms of verifying your identity as a security measure. Users have the right to delete their account at anytime, and this can be arranged by contacting the site admin who will arrange this for you. Please note as detailed above, your data may be stored for a relevant period of time as required by regulatory bodies in the UK and our own data storage policies and diggersandtractors.com overseen by SB Machinery Ltd may elect to anonymise your data. Additionally, please be aware that once we have deleted your UGC from the site it may still be viewable by some users, if for example it remains cached on their system or they have taken copies e.g. a ‘screen grab’.
Users’ rights to request access to information we hold
All users have the right to access the information we hold about them. This can be done by requesting this from the support admin who will arrange this for you. Please be advised that this may be subject to a £10 fee to cover the cost of providing this information.
Breach notification and data security
In the unlikely event of a breach of our security and in line with our obligations under GDPR, we must notify all users who are affected or at risk of being affected by the breach within 72 hours of the time when we were first alerted to the breach.
If you have any questions regarding this policy please contact the site admin via the on site message service.