Terms and Conditions
Whyte and Mackay Limited
319 St Vincent Street
Glasgow G2 5RG
VAT Registration Number:556618711
Company Registration Number: SC014456
This legal notice applies to the entire contents of this World Wide Web site (the “Site”) and to any correspondence by e-mail between us (collectively “Electronic Media”).
The use and access of this Site is subject to the terms and conditions set out below (“Terms”). Please read these Terms before using or accessing the Site.
By using or accessing the Site or any part thereof you agree to be bound by the Terms.
The phrase “Intellectual Property” means all copyright, know-how, confidential information, technical information, trade secrets, business names, trademarks, service marks, business or trade names, patents, utility models, design rights (whether registrable or otherwise), semi-conductor topography rights, database rights, all rights in the nature of unfair competition rights or rights to sue for passing-off and any other intellectual property rights whether registered or unregistered or any application therefore subsisting anywhere in the world from time to time or any other property.
Unless stated otherwise, all product names, information, designs, logos, titles, text, images, audio, video, software or other content (“Content”) within the Electronic Media are the Intellectual Property of Whyte and Mackay Limited, its affiliates or its licensors and any relevant trade marks used are the property of the respective owners.
Subject to the “Use of the Electronic Media” section below, nothing contained within the Electronic Media should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of Whyte and Mackay Limited’s Intellectual Property displayed on the Electronic Media without the prior written permission of Whyte and Mackay Limited.
USE OF THE ELECTRONIC MEDIA
Whyte and Mackay Limited maintains the Electronic Media for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download Content on the Electronic Media for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the Content. You may not, however distribute, modify, transmit, re-use, re-post or use any or all of the Content for public or commercial purposes without Whyte and Mackay Limited’s prior written permission. Changes periodically are made to the content on this Site without notice.
Any unauthorised downloading, re-transmission or other copying or modification of any of the Content may be in breach of statutory or common law rights which could be the subject of legal action.
Whyte and Mackay Limited disclaim all liability which may result from any unauthorised reproduction or use of the information of the Site. All rights not expressly granted are reserved by Whyte and Mackay Limited.
Whyte and Mackay Limited is providing the Electronic Media to you free of charge and on an “as is” and “as available” basis. Whyte and Mackay Limited does not provide any warranties in connection with the Electronic Media. Accordingly, to the maximum extent Whyte and Mackay Limited is permitted by law, Whyte and Mackay Limited provides you with the Electronic Media on the basis that Whyte and Mackay Limited excludes all representations (except fraudulent representations), warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the Electronic Media. Whyte and Mackay Limited also excludes all responsibility for any amount or kind of loss or damage that may result to you or a third party as a result of providing the Electronic Media, including but not limited to loss or damage due to viruses of whatsoever nature that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any Content from the Electronic Media or any sites linked to the Site.
Whyte and Mackay makes no warranty that (1) the Site will meet your requirements; (2) the Site will be uninterrupted, timely, secure or error free; or (3) any information that may be obtained from the use of the Site will be accurate or reliable.
LIMITATION OF LIABILITY
Whyte and Mackay Limited, any other party (whether or not involved in creating, producing, maintaining or delivering the Electronic Media), and any of Whyte and Mackay Limited’s holding companies, subsidiaries or affiliated companies (“Affiliates”) and the offices, directors, employees, shareholders or agents of any of them shall not be liable in connection with the Electronic Media in any way (or in connection with the use of, performance of, or your browsing in, or your links to, other sites from the Electronic Media), for any loss or damages of any kind howsoever arising,
including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts and whether or not advised of the possibility of such damages and whether in tort (or delict) (including negligence), contract or otherwise.
However, nothing in this legal notice shall exclude or limit Whyte and Mackay Limited’s liability for fraud or for death or personal injury caused by its negligence.
UNAFFILIATED PRODUCTS AND WEBSITES
Descriptions of, or references to, third party products, publications or third party websites not owned by Whyte and Mackay Limited or its Affiliates do not imply any form of endorsement of that third party product, publication or website. Whyte and Mackay Limited has not reviewed the Content on websites other than the Site and is not responsible for it. Whyte and Mackay Limited disclaims responsibility for all representations made or implied in relation to products, publications or websites not owned or wholly controlled by Whyte and Mackay Limited. Your linking to any third party website is at your own risk and you acknowledge and agree that Whyte and Mackay Limited shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance on any material displayed on a third party website not under Whyte and Mackay Limited’s ownership or complete control.
The Content displayed on the Site including any information regarding the price or availability of products and/or services available via any third party website is believed to be reliable when displayed but Whyte and Mackay Limited can not guarantee that such Content will be accurate, complete and current at all times.
COMMUNICATION VIA THE ELECTRONIC MEDIA
You shall not post or transmit any statement, material or content that is unlawful, obscene, indecent, libellous, pornographic, seditious, offensive, defamatory, threatening, abusive, liable to incite racial hatred, discriminatory, menacing, threatening, scandalous,
blasphemous, in breach of confidence, in breach of privacy or material owned by a third party for which you have not obtained all necessary licences and/or approvals for which may cause annoyance or inconvenience. You also agree that any postings or transmissions you make shall not constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in, any part of the United Kingdom, the European Union, the United States or the Commonwealth. You must also not transmit any technically harmful postings or transmissions to or through the Electronic Media (and such shall include but not be limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse (which shall include but not be limited to hacking). Whyte and Mackay Limited will fully co-operate with any law enforcement authorities or court order requesting or directing Whyte and Mackay Limited to disclose the identity or locate any one posting any such Content.
The Site must not be accessed, monitored or copied by any manual process or by any robot, spider or other automated device.
CONSEQUENCES OF POSTINGS
The communication or Content you transmit via or related to the Electronic Media by e-mail or otherwise, including, but not limited to, any correspondence, data, questions, comments, suggestions is and will be treated as non-confidential and non-proprietary to you. Whyte and Mackay Limited cannot prevent the “harvesting” of information from the Electronic Media, and you may be contacted by Whyte and Mackay Limited or unrelated third parties, by e-mail or otherwise, within or outside of the Electronic Media. Anything you transmit using the Electronic Media becomes the property of Whyte and Mackay Limited and may be edited by or on behalf of Whyte and Mackay Limited, may or may not be published, including but not limited to on the Electronic Media at the sole discretion of Whyte and Mackay Limited information and correspondence you provide and may be used by Whyte and Mackay Limited or its Affiliates for any purpose, including, but not limited to ...
reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Whyte and Mackay Limited is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Electronic Media for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.
Whyte and Mackay Limited is under no obligation to monitor or review any discussion, charts, postings, transmissions, bulletin boards etc (“Postings”) on the Site and you understand and agree Whyte and Mackay Limited is not responsible for, does not control, does not endorse and does not verify the content of any Postings and makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any Postings. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of Postings.
Whyte and Mackay Limited assumes no responsibility or liability for any action or communications by you or any unrelated third party within or outside of the Electronic Media.
YOUR GRANT TO WHYTE AND MACKAY LIMITED: ACKNOWLEDGEMENT
You agree to all of the terms of this Notice and you grant the following to Whyte and Mackay Limited and its respective officers, directors, employees, agents, successors and assignees and anyone authorised by any of them (the “Related Parties”) the following:
1 All rights, title and interest in information and communication you provide on or in connection with the Electronic Media, including without limitation all copyrights, and the exclusive right and licence to sell, use, edit, adapt and/or modify the information and communication in any way.
2 Full permission to use your name, likeness, voice and biographical data, in whole or in part, in any and all media for the purposes of advertising, publicity and trade, and in connection therewith you hereby release them and each of them from all liability.
3 Indemnification and agreement to hold them harmless from any and all losses, damages, costs, expenses, rights, claims, demands and actions which any other party may have against you arsing out of your participation in the Site including but not limited to personal injuries, death, disability, property damages, solicitors fees and expenses of litigation and settlement.
CHANGES TO THE TERMS
Whyte and Mackay Limited reserves the right to make changes to any part of the Site and due to its policy of updating and improving the Site Whyte and Mackay Limited may wish to change the Terms. Whyte and Mackay Limited reserve the right to modify these Terms relating to the use of and access to the Site without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Site and use of the Site by you on or after any such effective date shall constitute acceptance of such amended Terms.
You agree that Whyte and Mackay Limited, in its sole discretion, may terminate your ability to use the Site, and remove and discard any Content or Postings, for any reason whatsoever, including, without limitation, for infringing these Terms. You agree that any termination of their access to the Site may be immediate and without prior written notice.
The Electronic Media shall be governed by, and your browsing in and use of the Electronic Media, is under and subject to the laws of Scotland and under the exclusive jurisdiction of the Scottish courts. Notwithstanding the foregoing, the Electronic Media may be viewed internationally and may contain products or services not available in all countries or available in some countries only on other terms, including terms as to price.
References to a particular product or service do not imply that Whyte and Mackay Limited intend to make such products or services available in such countries.
If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.
If Whyte and Mackay Limited fails to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy.
The Headings in the Terms are for convenience only and will have no legal meaning or effect.