“Agreement” means the Terms and Conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Service (as defined below).
“User” means you, the Website User.
“Information” means any and all material contained in the Website (as defined below) which is delivered by or on behalf of ScotlandIS or any associates thereof.
2. Ownership of the Website
The Information contained on the Website is owned by, licensed or authorised to ScotlandIS its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by ScotlandIS or its licensors or its content or technology providers except where otherwise specified.
3. Basis of Use of the Website
The User agrees to the following:
a) that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;
b) that it shall not use the Information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement;
c) that it shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
d) that it shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
e) that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Website, it shall pursue such right, claim or action independently of and without recourse to ScotlandIS;
f) that it hereby agrees to indemnify and does hereby indemnify ScotlandIS against all costs, expenses (which shall include but not be limited to reasonable legal costs and outlays), losses and damages arising from or incurred as a consequence of any claims or demands arising from or flowing from its breach of these terms.
4. 1. ScotlandIS provides the Website and the Information on an “as is” basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose.
4. 2. The contents of this Website are provided for general information purposes only and do not constitute professional marketing advice and may not be relied on as such. Although we endeavour to ensure that the content is accurate and up to date, users should seek appropriate advice before taking or refraining from any action.
4. 3. The transmission, downloading or sending of any of the material does not create any contractual relationship between ScotlandIS and any other party. ScotlandIS accept no liability or responsibility whatsoever for any loss or damage suffered by any user of the information contained in this Website or the material downloaded from it.
4. 4. ScotlandIS makes no warranty or representation whatsoever about:
- the reliability or technical efficiency of the Website;
4. 5. ScotlandIS excludes all liability (to the extent permitted by law) in respect of
- any advertisements or other websites which can be accessed via the Website;
- any information provided by third parties which can be accessed via the Website or which are contained in the information;
- any damage to the User, the User’s computer hardware, software or other material or equipment resulting from the user accessing or using the Website or the Information;
4. 6. You are not allowed to make links to the ScotlandIS Website without our prior written consent. The ScotlandIS Website contains links to other websites. ScotlandIS has no control over the content of other non- ScotlandIS websites. Whilst ScotlandIS may believe such sites to be useful to you or of interest to you, ScotlandIS makes no warranties, representations or undertakings about any content of any other website referred to or accessed by hypertext link through this Website (“3rd party site”). ScotlandIS does not endorse or approve the content of any 3rd party site, nor will ScotlandIS 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 3rd party site infringes any law or the rights of any person or entity).
4. 7. Whilst ScotlandIS uses all reasonable endeavours to exclude viruses from the Website it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Website. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Website.
6. Ownership and Intellectual Property
6. 1. The intellectual property rights (including but not limited to copyright and database rights) in this Website are owned by, licensed or authorised to ScotlandIS, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by ScotlandIS or its licensors or its content or technology providers except where otherwise specified. Nothing in these Terms and Conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these Terms and Conditions.
6. 2. You may download to a local hard disk and print extracts from this Website for your personal use. You may also recopy downloaded extracts to others provided you do not do so for profit. However, reproduction of part or all of the contents in any form is prohibited unless for personal use. None of the content of this Website may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). You may not modify, distribute or reproduce the contents of this Website in any manner and for any other use without the prior written consent of ScotlandIS.
6. 3. You may not remove any product identification, copyright notices or other notices from ScotlandIS’s materials or copies of ScotlandIS’s materials on this Website which you may have made or printed for your own personal use. For the avoidance of doubt, framing of this Website or any part of it is not permitted without express permission. Notwithstanding the above, caching of this site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
6. 4. Any third-party product or company names and devices, logos, icons, graphics or designs referred to on the pages of the Website are the trade marks of their respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trade mark owners and ScotlandIS intends no infringement of such marks.
6. 5. The appearance or absence of product, services, companies, organisations, home pages or other websites on the Website does not imply the endorsement, or non-endorsement, thereof by ScotlandIS. All rights not expressly granted are reserved by ScotlandIS.
7. Amendments to Terms and Conditions
7. 1. ScotlandIS reserves the right to vary these Terms and Conditions from time to time. The User’s continued use or access of the Website after such variation shall be deemed to confirm the User’s acceptance of any such variation. It is the User’s responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the Website immediately.
8. 1. If any provision of this Agreement shall be prohibited by or adjudged by a Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.
9. 1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. No contract is intended to be formed by your use of this Website and you agree any such formation of contract will not occur without the written consent of ScotlandIS. You hereby agree that in any contract that is formed by your use of this Website the place of performance will be Scotland.
9. 2. The Scottish courts shall have exclusive jurisdiction to determine any dispute relating to your access to and use of the Website including any contract arising therefrom. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.