Terms & Conditions
1 Terms and Conditions of Website Use
1.1 This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the website made available and operated at [www.socialcaresource.co.uk] ("our site").
1.2 Please read these terms and conditions of website use carefully before you start to use our site. These terms and conditions of website use are a legally binding document and create binding obligations upon you. If you do not understand any part of these terms and conditions of website use please contact us at [firstname.lastname@example.org].
1.3 Our site is made available and operated by Socialworksource Ltd ("we", "our", "us"). We are a company registered in Scotland with company number SC419438 whose registered office is at 2 Parklands Way, Eurocentral, Maxim 1, 1st floor, ML1 4WR.
1.4 By using our site, you accept these terms and conditions of website use and agree to abide by them. If you do not agree to these terms and conditions of website use, please do not use our site.
2.1 Our site is a place for persons to advertise services required and for other persons to reply to adverts offering to meet the services requested in an advert. Our site is also a place where persons using our site can upload material and make this material available to other persons.
2.2 Our site is available only to persons who can form legally binding contracts under applicable law.
2.3 If you are using our site on behalf of a company, partnership or other legal entity, you warrant that you have the authority to bind such entity.
2.4 You must be over sixteen (16) years old to use our site. If you are under sixteen (16) years of age please leave our site now.
2.5 In order to use our site you must be a registered user of our site. The procedure by which you can register as either a Social Care Customer or a Social Care Provider is set out upon our site.
2.6 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services (“Services”) and the material (“Material”) made available upon or through it without notice. Unless explicitly stated to the contrary the supply or making available of any Services or Material shall be subject to these terms and conditions of website use.
2.7 We reserve the right at our sole discretion, at any time, and for any reason to terminate, restrict, suspend or refuse your use of our site or any part of our site without notice
2.8 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions of website use and that they comply with them.
2.9 We have used reasonable endeavours to ensure that our site complies with applicable United Kingdom laws. However, we make no representations that our site or the Services or Material are appropriate or available for viewing, access or use in locations outside the United Kingdom. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Services or Material is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Services or Material and you must exit immediately. If making available the Services or Material in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Services and Material are not made available to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to access our site, the Services and the Material.
2.10 WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED THAT THE MAKING AVAILABLE OF OUR SITE, THE SERVICES OR MATERIAL IN ANY PARTICULAR TERRITORY OUTSIDE THE UNITED KINGDOM IS PERMITTED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE ACCESS OR ATTEMPTED ACCESS TO THE SERVICES OR ACCESS OR ATTEMPTED ACCESS TO OUR SITE OR THE MATERIAL WHEN CONTRARY TO LAW AND/OR BY PERSONS WHO ARE CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN THE UNITED KINGDOM, OR WHO ARE NOMINEES OF OR TRUSTEES FOR CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN THE UNITED KINGDOM, AND WHO ARE RESTRICTED FROM ACCESSING OR ATTEMPTING TO ACCESS SERVICES OR WHO ARE RESTRICTED FROM ACCESSING OR ATTEMPTING TO ACCESS OUR SITE OR THE MATERIAL.
3 Availability and operation
3.1 We shall use reasonable endeavours to ensure that our site and any Services or Material are available and that our site operates properly at all times.
3.2 We may suspend the availability or operation of our site or the availability of any Services or Material on a temporary or indefinite basis as we may in our sole discretion determine.
3.3 ALL WARRANTIES OR GUARANTEES AS REGARDS THE AVAILABILITY OF OUR SITE AND THE AVAILABILITY OF ANY SERVICES OR MATERIAL, IN SO FAR AS THEY MAY BE EXCLUDED AND OTHER THAN AS EXPLICITLY SPECIFIED HEREUNDER, ARE EXCLUDED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE AVAILABILITY OF OUR SITE AND THE AVAILABILITY OF ANY SERVICES OR MATERIAL.
4 Accounts and Passwords
4.1 When registering to use our site you must create an account. You may only operate one account at a time (except with our express written consent). When registering you must not use false identities or impersonate any other person.
4.2 If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site or any Services or Material, you must treat such information as confidential, and you must not disclose it to any third party. You must not use any means of access you are not entitled to use.
4.3 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Services or Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of website use.
4.4 You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to our site or any Services or Material or provided by us to you has become known to any third party.
5 Access and use of Services and Material
5.1 Once you have registered with our site as either a Social Care Customer or a Social Care Provider, you are permitted to use our Services.
5.2 If you are a Social Care Customer you are permitted:
5.2.1 to post adverts requesting social care services from Customer Care Providers ("Adverts");
5.2.2 to communicate directly with Social Care Providers through our site's direct messaging services ("Communications"); and
5.2.3 to request documentation for review from Social Care Providers.
5.3 If you are a Social Care Provider you are permitted:
5.3.1 to post responses to Adverts, at all times in accordance with the limits set by the tier of service that you have subscribed for ("Responses");
5.3.2 to communicate directly with Social Care Customers through Communications; and
5.3.3 to upload User Material such as documentation for the purposes of making information available to Social Care Customers.
5.4 You hereby acknowledge and agree that we are entirely separate from and independent of all Adverts, Responses, Communications and any agreement, contract or any other form of arrangement between a Social Care Customer and a Social Care Provider for the receipt of social care services ("Transactions"). We operate our site as a facilitator only and any Adverts, Responses, Communications and Transactions are legally between a specific Social Care Customer and Social Care Provider only.
5.5 Access to and use of our Service or Material requires payment of the Subscription Fees for that Service or Material to us. Where this is the case you may not access or use that Service or Material unless you have paid the Subscription Fees for it. Additional terms and conditions may be applied to certain Services or Material, which will be set out on our site and/or otherwise supplied to you.
5.6 You may use for the purposes for which they are supplied (but for no other purpose) any Service supplied to you provided you have paid to us the Subscription Fees for that Service and provided that you have not breached these terms and conditions of website use.
5.7 No other rights, permissions, consents or licences are granted in relation to our site, the Services or the Material other than as expressly set out in these terms and conditions of website use.
6 Your submissions to our site
6.1 By uploading User Material or information to or through our site in the form of an Advert, a Response, Communication or any other form, you are warranting and confirming to us that you have the right to do this and that you have given us the right to make this material or information available.
6.2 If you do not have sufficient rights to upload the User Material or information, or to allow us to make it available, you will be responsible for any loss, costs, expenses or damage we incur as a result.
6.3 By submitting material or information to or through our site in the form of an Advert, a Response, Communications or any other form, you grant to us the right:
6.3.1 to use that material or information to operate our site;
6.3.2 to make that material or information available to others;
6.3.3 to publicise the availability of that material or information; and
6.3.4 to permit others to use that information or material;
subject to such limitations and additional conditions as are otherwise set out in these terms and conditions of website use (for example relating to the payment of sums to access that material or information), and in exercise of the foregoing rights we may copy, modify, adapt, create derivative works based upon, analyse, publish and disseminate, extract elements from and reorganise such information or material. You acknowledge and agree that we may sub-licence these rights or transfer these rights to other persons as we determine from time to time.
6.4 By submitting information or material to or through our site you are guaranteeing that you have the right to grant to us the rights described in condition 6.3. If you are not able to grant to us these rights, please do not submit such information or material. Where you submit information or material which has not been created solely by you, you must obtain the permission from any other creator to allow you to grant these rights.
6.5 You warrant that any information or material submitted by you to or through our site in the form of an Advert, a Response, Communication or any other form shall:
6.5.1 be free from errors and inaccuracies;
6.5.2 be fit for purpose;
6.5.3 be accurate (where it states facts);
6.5.4 be genuinely held (where it states opinions);
6.5.5 comply with the applicable law;
6.5.6 not require us to gain any permissions or consents from any other person to allow us to exercise the rights set out hereunder;
6.5.7 not cause us to infringe the rights of any other person by way of exercising the rights granted to us hereunder or otherwise; and
6.5.8 be relevant.
6.6 You warrant that any information or material submitted by you to or through our site in the form of an Advert, a Response, Communication or any other form shall not:
6.6.1 be defamatory of any person;
6.6.2 be obscene, offensive, hateful or inflammatory;
6.6.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.6.4 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information and to allow such information to be used and made available subject to and in accordance with these terms and conditions of website use;
6.6.5 infringe any copyright, database right or trade mark of any other person;
6.6.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.6.7 be in contempt of court or court order;
6.6.8 be likely to harass, embarrass, alarm or annoy any other person;
6.6.9 impersonate any person, or misrepresent your identity or affiliation with any person;
6.6.10 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or
6.6.11 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
6.7 THE WARRANTIES PROVIDED FOR IN THIS CONDITION 6 MUST BE COMPLIED WITH IN SPIRIT AS WELL AS TO THE LETTER. WE WILL DETERMINE, IN OUR SOLE DISCRETION, WHETHER ANY MATERIAL OR INFORMATION SUBMITTED BY YOU THROUGH OUR SITE BREACHES THESE WARRANTIES. YOU INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE WARRANTIES.
6.8 Where information or material submitted to or through our site in the form of an Advert, a Response, Communications or any other form, in our opinion breaches these terms and conditions of website use, we may at our sole discretion take all or any of the following actions:
6.8.1 investigation of the identity of the person responsible for submitting such information or material and the circumstances surrounding the submission of such information or material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;
6.8.2 immediate, temporary or permanent withdrawal or removal of the information or material or your ability to access to our site;
6.8.3 issuing a warning to you;
6.8.4 raising legal proceedings against you for recovery of all costs resulting from the breach;
6.8.5 raising further legal action against you;
6.8.6 disclosing such information to law enforcement authorities or relevant third parties as we reasonably feel is necessary or as required by law; or
6.8.7 such other action as we reasonably deem appropriate.
6.9 WE HEREBY EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE TAKING OF ALL AND ANY OF THE ACTION REFERRED TO IN CONDITION 6.8.
7 Subscription Fees
7.1 We operate three membership options for Customer Care Providers on either a monthly, quarterly or annual basis ("Tiers of Service"), full details of which and the subscription fees ("Subscription Fees") applicable to each Tier of Service and the procedure for making payment of monthly subscription fees will be set out upon our site.
7.2 In consideration of a Customer Care Provider accessing the Services and Materials, the Customer Care Provider shall make payment of the Subscription Fees. This clause sets out the procedure which must be completed by you in order for you to access Services and Materials through our site. Please note that we may update this procedure from time to time. Please check these terms and conditions when you visit our site to identify the current applicable procedure as these terms and conditions may be updated from time to time. Details concerning Subscription Fees are made available upon our site. We will use reasonable endeavours to ensure that the details concerning Subscription Fees specified on our site are accurate but we make no warranty or guarantee that they shall at any point in time be correct.
7.3 You are required to complete the 'Sign up as a Social Care Provider' form and click the acceptance button marked 'Start your 30 day free trial now' ("Confirmation").
7.4 Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website”) in order to remit to us the Price. You must remit the Subscription Fees using the payment methods provided upon the Payment Website. You may not remit the Subscription Fees to us using any other method.
7.5 YOU ACKNOWLEDGE THAT THE PAYMENT WEBSITE IS A WEBSITE MADE AVAILABLE BY A THIRD PARTY AND AS SUCH WE DO NOT HAVE CONTROL OVER ITS OPERATION. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF YOUR USE OF OR INTERACTION WITH THE PAYMENT WEBSITE.
7.6 In respect of the Payment Website you undertake and warrant:
7.6.1 to abide by any terms and conditions relating to use of or interaction with the Payment Website;
7.6.2 that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and
7.6.3 not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.
7.7 THE SUBCRIPTION FEES ARE [INCLUSIVE]/[EXCLUSIVE] OF ALL APPLICABLE TAXES AND DUTIES DUE AND PAYABLE IN THE UNITED KINGDOM AS A RESULT OF THE PROVISION OF THE RELATED SERVICES OR MATERIAL TO YOU. IF THE PROVISION OF SERVICES OR MATERIAL IN THE TERRITORY FROM WHICH YOU ACCESS OUR SITE GIVES RISE TO AN OBLIGATION TO REMIT ANY TAX, DUTY OR SIMILAR PAYMENT TO ANY AUTHORITY OTHER THAN THOSE AUTHORITIES RESIDENT IN THE UNITED KINGDOM YOU SHALL BE RESPONSIBLE FOR SATISFYING SUCH LIABILITY. YOU SHALL INDEMNIFY AND KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND AND FROM AND AGAINST ALL SUCH LIABILITY.
7.8 We reserve the right to request additional information from you in relation to your payment of the Subscription Fees for any reasonable purpose, including to allow us to properly verify your identity with GB Group PLC, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.
7.9 You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method”) through the Payment Website constitutes your authorisation to us and our service providers to collect (or procure the collection of) the Subscription Fees using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.
7.10 You grant to us the right to resubmit (or procure the resubmission of) any payment made by you hereunder using your Specified Payment Method that is returned for insufficient or uncollected funds.
7.11 You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the Subscription Fees using the Specified Payment Method.
7.12 Nothing in these terms and conditions of website use is intended to affect our legal right or that of our service providers in the United Kingdom to impose a surcharge for a debit or credit card transaction under the Credit Cards (Price Discrimination) Order 1990.
7.13 We only accept payment of the Subscription Fees in pounds sterling. If any payment made by you hereunder requires a currency conversion to be made, the amount of the exchange rate and any related fees will be determined by the provider of your Specified Payment Method. You shall be responsible for meeting any such fees.
7.14 Any payments made by you hereunder may appear on any statement provided to you by the provider of your Specified Payment Method under the name of our service providers or in combination with our name, reference or internet address.
7.15 We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the payments you can remit using the Payment Website.
7.16 We may review (or procure the review of) any information you submit through the Payment Website prior to collecting (or procuring the collection of) the Price using the Specified Payment Method. This review may be carried out for fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) the Price using the Specified Payment Method and cancel any arrangement for the supply of Services or Material between you and us, without liability to you. Any such review is not a representation by us as to your character or reputation.
7.17 In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any Subscription Fees paid or disputes our authorisation to collect (or procure the collection of) the Subscription Fees (a “Chargeback”) you agree on our request to subrogate or otherwise assign to us your rights against any third parties related to such Chargeback, and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine. You undertake at our request to support a Chargeback by filing and supplying to us a copy of a police report.
7.18 You undertake not to use your Specified Payment Method:
7.18.1 in a manner that results in or may result in Chargebacks, or liability for us to pay any sums, including without limitation any fees or fines to any third party;
7.18.2 in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party;
7.18.3 to test credit card behaviour; or
7.18.4 when you have a rating within any credit reporting agency indicating a high level of risk associated with your use of services the same or similar to the Specified Payment Method.
7.19 When you remit the Subscription Fees to us you are liable to us for the full amount of the Subscription Fees plus any additional sums due to be paid by us to any third party if your payment of the Subscription Fees is later invalidated for any reason other than in the event of a valid Chargeback (including without limitation any fees or fines due to be paid to third parties if we successfully dispute a Chargeback or if the collection of the Subscription Fees is declined by the provider of your Specified Payment Method due to insufficient funds).
7.20 We make no representation or warranty regarding the amount of time taken to complete transfer of the Subscription Fees from the provider of your Specified Payment Method to us.
7.21 You agree that we may satisfy any liability of you to us in full through use of your Specified Payment Method.
7.22 You consent to the providers of the Payment Website and your Specified Payment Method disclosing to us information concerning any payments made by you hereunder and details of your Specified Payment Method and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use.
8 Linking to our site
8.1 You may link, or may procure that a third party acting on your behalf links, to the home page of our site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 You must not establish or procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent.
8.3 You must not establish or procure that any third party establishes a link from any website that is not owned by you.
8.4 You must not establish or procure that any third party establishes a link to any page upon our site other than our home page.
8.5 You must not frame or procure that any third party frames our site on any other website.
8.6 You must not aggregate content from our site within another website nor procure that any third party undertakes such activities.
8.7 We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine
9 Links from our site
9.1 Where our site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.
9.2 The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.
9.3 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES ARISING OUT OF ANY USE OR INTERACTION BY YOU WITH THIRD PARTY SITES.
10 Viruses, hacking and other offences
10.1 You must not:
10.1.1 misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;
10.1.2 attempt to gain unauthorised access to our site, the servers on which our site is stored or any server, computer or database connected to our site;
10.1.3 use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;
10.1.4 use an anonymising proxy to access our site;
10.1.5 attack our site via a denial-of-service attack or a distributed denial-of service attack;
10.1.6 take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or
10.1.7 do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.
10.2 If you breach this clause we have the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
10.3 YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT ANY MATERIAL AVAILABLE FROM OUR SITE OR SERVICES ACCESSIBLE THROUGH OUR SITE WILL BE FREE FROM INFECTION, VIRUSES AND/OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS IN THIS RESPECT. TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO USE OF OR ACCESS TO OUR SITE, OR ANY SERVICES OR MATERIAL.
11 Accuracy, errors and reliance
11.1 We shall try to ensure that all Material is, and all Services are provided, free from inaccuracies and errors. Please note though that our site, the Services and the Material may contain inaccuracies or errors. You acknowledge that our site, the Services and the Material may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these terms and conditions of website use. Except as expressly stated, we make no guarantees or warranties in respect of the accuracy or suitability of any Services or Material.
11.2 Material in the form of charts and specifications, and concerning techniques and approaches, is general in nature and is not intended to amount to advice (relating to your own particular circumstances or otherwise) on which reliance should be placed. You undertake not to rely upon such Material. You undertake not to provide any such Material to any third party with a view to that third party relying upon that Material.
11.3 EXCEPT AS EXPRESSLY STATED WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED RELATING TO OR ARISING OUT OF ANY INACCURACIES OR ERRORS WITHIN OUR SITE, THE SERVICES OR ANY MATERIAL (INCLUDING USER MATERIAL), OR RELIANCE PLACED UPON ANY MATERIAL.
11.4 ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES IN RESPECT OF OUR SITE, THE SERVICES, MATERIAL OR USER MATERIAL OTHER THAN AS EXPRESSLY SET OUT HEREUNDER ARE EXCLUDED IN SO FAR AS IS POSSIBLE UNDER APPLICABLE LAW.
12 Intellectual property
12.1 Our site, the Services and the Material are protected by international copyright laws and other intellectual property rights.
12.2 Any intellectual property rights in our site, the Services and the Material are licensed not transferred to you, for the purposes expressly stated in these terms and conditions of website use and for no other purposes whatsoever, and always in accordance with these terms and conditions of website use.
12.3 We are the owner of all intellectual property rights in the Services.
12.4 Intellectual property rights in Material uploaded by users of our site ("User Material") remains held by those users. Notwithstanding the other terms of this agreement, Users may provide their User Material to other users our site as they wish. Otherwise intellectual property rights in Material are owned by us. PLEASE NOTE THAT We DO NOT REVIEW OR CHECK SUCH USER MATERIAL AND WE give no warranties or guarantees and make no representations in respect of any USER MATERIAL. Where we make available such USER MATERIAL, we make available that USER MATERIAL as agents for those users.
12.5 You must not:
12.5.1 use or copy;
12.5.3 disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise;
12.5.4 translate, merge, adapt, vary, modify or make alterations to; or
12.5.5 further disseminate, distribute or licence rights in,
our site or any Material or any copies thereof other than as expressly stated hereunder.
12.6 Our status or that of any identified contributors as the authors of the Material must always be acknowledged. Such acknowledgement must include the address of our site.
12.7 Other than as explicitly specified hereunder nothing contained in these terms and conditions should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use or enjoy our site, the Material or any intellectual property rights in any Services without our express written permission.
12.8 You must not attempt in any way to remove or circumvent any technical protection measures applied to our site or any Services or Material to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.
13 Complaints regarding Material
Any complaints about any Material, or Service, must be sent to us at [email@example.com]. We will then review the Material or Service. We shall in our sole discretion determine whether to remove the Material or Service from our site, or alter the Material or Service. If we decide to remove or alter the Material or Service, our removal or alteration shall not be an admission as to any fact or circumstance, or be deemed to be an acceptance of your complaint. We may or may not respond to your complaint.
14.3 WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS OF WEBSITE USE, SUCH EXCLUSION SHALL INCLUDE, IN SO FAR AS IS PERMITTED UNDER LAW, ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES INCLUDING ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
14.4 IN RESPECT OF PAID FOR SERVICES OR MATERIAL IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE PRICE PAID BY YOU.
14.5 THE EXCLUSIONS OF LIABILITY HEREUNDER DO NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15.1 You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions of website use without our prior written consent.
15.2 We may sub-license, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions of website use at any time.
16 General warranties
16.1 You warrant that:
16.1.1 you have right, power and authority to enter into this agreement and to grant the rights granted to us hereunder; and
16.1.2 you shall comply with all applicable laws, statutes, ordinances and regulations concerning your use of our site and interaction with us.
17.1 If you breach any of these terms and conditions of website use, all of your rights under these terms and conditions including your right to use our site, the Services and the Material will cease immediately. If we have reason to believe that you have breached these terms and conditions of website use or are likely to breach these terms and conditions of website use we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.
17.3 YOU ARE RESPONSIBLE FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS, DEMANDS OR OTHER LIABILITIES (INCLUDING LEGAL FEES) INCURRED BY US, OUR SERVICE PROVIDERS OR ANY THIRD PARTIES CAUSED BY OR ARISING FROM YOUR BREACH OF THESE TERMS AND CONDITIONS OF WEBSITE USE. YOU INDEMNIFY US AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS ARISING FROM BUSINESS INTERRUPTION AND OTHER LOSS (INCLUDING LEGAL COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OF WEBSITE USE.
18 Circumstances beyond our control
18.1 We will not be liable for any failure to perform any obligation under these terms and conditions of website use due to causes beyond our reasonable control.
18.2 These terms and conditions of website use do not confer any rights on any person other than you and us.
19.1 We may change the Services or Material at any time.
19.2 Any Material may be out of date at any given time, and we are under no obligation to update any Material.
19.4 Where we have made our Services and Materials available to you the version of these terms and conditions of website as effective as of the date of your Confirmation shall govern such provision.
If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions of website use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions of website use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21 Severability and entire agreement
21.1 If any term, condition or provision of these terms and conditions of website use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
22 Notices to You
22.1 We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.
23 Notices to us
23.1 You may only notify us in connection with any matter arising under these terms and conditions of website use, except where specified otherwise under these terms and conditions of website use, by emailing us at [firstname.lastname@example.org].
23.2 Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours from the point in time they are emailed to us. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.
24 Applicable law
The interpretation, construction, effect and enforceability of these terms and conditions of website use are governed by Scots law and by using our site you agree to submit to the non-exclusive jurisdiction of the Scottish courts.