You warrant that in using the Site you shall:-
(a) use the Site only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Site by any third party;
(b) not engage in any conduct which is unlawful or which may harass or cause distress or inconvenience to any person;
(c) not upload, post, transmit or distribute any material or information which you do not own or have the right to use in accordance with intellectual property rights or any material which is unlawful or which is potentially harmful, threatening, abusive, defamatory, pornographic or otherwise obscene, racially or ethnically or otherwise objectionable or damaging to the reputation of the Company;
(d) not to access, interfere with, damage or disrupt any part of the Site, any equipment, systems or network used to operate the Site, or attempt to access the secure area other than by using your username and password;
(e) transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer or hardware;
(f) use current virus checking software when using the Site; and
(g) not reproduce, duplicate, copy or re-sell any part of the Site.
The Company has the right to disable your access of the Site and/or remove any content posted by you at its sole discretion if the Company. reasonably believes you are in breach of these Terms and in particular any of the requirements set out above relating to User Obligations and Conduct.
By breaching provisions (d) and (e) above, you may commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities and disclose your identity, if known by the Company.
The names and logos identifying the Site and the Company and its products and services are either (a) proprietary marks of the Company or (b) marks which the Company is licensed to use. Nothing in these Terms allows you any licence or permits use in any way of any mark or of any other intellectual property right (including patents, copyright and related rights, moral rights, trade marks and series marks, business names, domain names, rights in get-up, design rights, rights in computer software, database rights, confidential information, all whether registered or unregistered and all applications for such rights) of the Company or any third party (subject to the provisions below relating to copyright).
The copyright in the content of all the pages on the Site is owned by the Company and its licensors (except where otherwise stated). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions.
The Company authorises you to carry out the following actions, provided that you comply with the User Obligations and Conduct (as stated above):-
(a) view and display the content of the Site;
(b) print or download to a local or network hard drive extracts from or whole pages for your personal use, provided you do not delete the copyright notice "© MACTAGGART & MICKEL GROUP LTD." from all such printouts and downloads.
You must not modify the paper or digital copies of any materials that 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.
You are not permitted to incorporate any materials, or any part of the materials, from the Site to any other work or publication, whether in hard copy or electronic or any other form.
No part of the Site may be distributed or copied for any commercial purpose or non-personal use.
Nothing contained on this Site shall constitute or form part of any contract of sale or purchase.
The Company. reserves the right to withdraw or amend the service provided on the Site without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. The Company aims to update the Site and its content regularly and without notice. If the need arises, the Company may suspend access to the Site or close it indefinitely. Any of the material on the Site may be out of date at any given time and the Company is under no obligation to update such material.
The company will take reasonable care in preparing the content of the site, but the material displayed on the site is provided without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law the company, its officers, employees, agents, representatives and other members of the company's group of companies and third parties connected to the company, hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of delict; and
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including without limitation, any liability for loss of income or revenue, business profits or contracts, anticipated savings, loss of data or goodwill, wasted management or office time and for any further loss or damage of any kind, howsoever arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
The company cannot guarantee that the site and any documents, files and information hosted or downloaded from the site will be free from viruses, trojan horses, worms, time bombs, keystroke loggers, spyware and other harmful programs or computer code designed to adversely affect the operation of any computer software or hardware. The company shall not be liable for any damage, loss, cost or expense which may be suffered by any person arising from any such harmful code or computer code.
Nothing in this clause or these terms and conditions shall exclude or limit the company's liability for death or personal injury arising from the company’s negligence, nor liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You acknowledge and accept that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the site is not available to the user) for the purposes of repair, maintenance and upgrading.
Accordingly, the company does not guarantee uninterrupted availability of the site, but it shall make reasonable efforts to minimise any periods during which the site is not available.
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company does not endorse those sites or their content and has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent that the term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The rights of the parties under these Terms may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.
Both parties shall comply with all applicable laws in performing their obligations pursuant to these Terms. Neither party shall be liable for any breach of these Terms to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power cuts or fuel shortages.
The Company is aware that some users may suffer from disabilities which make it difficult to access and use some parts of the Site. Within the constraints of the technology used to construct the Site, the Company has made reasonable efforts to make the Site accessible to disabled users. The Company would like to receive feedback from disabled users to help identify any features which such users may find difficult to use and to allow the Company to deliver improvements to the service received by such users. If a disabled user requires advice or would like to give feedback in relation to use of the Site, they should contact the Company at email@example.com.
The Company may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company made, as they are binding on you. These Terms are effective from 26/03/18.
These Terms are governed by and shall be construed in accordance with Scots law. For the purposes of any claim by you against the Company, the Scottish Courts shall have exclusive jurisdiction in respect of any such claim or proceedings for breach of these Terms or which arises from or is related to your access to the Site. The Company retains the right to bring proceedings against you for breach of these Terms or arising from or related to your access to the Site in Scotland, your country of residence (if not Scotland) or any other country where jurisdiction can be founded.
If the user has any concerns about material which appears on the Site, please contact firstname.lastname@example.org