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Terms and Conditions

Terms and Conditions of Use

 

The following terms and conditions (the “Terms of Use”) govern your use of the website and mobile-optimized version of the website to which these Terms of Use are linked and which are owned or operated by BORTHWICK & FORREST, the trading name of SSACHS LTD. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Website. Changes in the Terms of Use will be effective when posted and your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms of Use are posted will be considered acceptance of those changes. By using the website, you accept and agree to these terms of use. If you do not agree to these Terms of Use, you may not access or otherwise use the Website.

*PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS.

  1. OWNERSHIP
    As between you and BORTHWICK & FORREST/SSACHS Ltd (known thereafter as 'B&F'), excluding your Submitted Materials (as defined below), B&F or its licensors own, solely and exclusively, all rights, title and interest in and to the Website, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software), code, data and materials and, the look and feel, design and structure of the Website, and other intellectual property and proprietary rights. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access.
  2. LIMITED LICENSE
    You may access and view the content on the Website on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Website, make single copies or prints of such content for your personal, internal use only. Use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.
  3. PROHIBITED USE
    Any commercial or promotional distribution, publishing or exploitation of the Website is strictly prohibited unless you have received the express prior written permission from authorised personnel of B&F or the otherwise applicable rights holder. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If you make other use of the Website, except as otherwise provided above, you may violate copyright and other laws of Scotland and/or other countries, and may be subject to liability for such unauthorised use. For web posting, reprint, transcript or licensing requests for B&F material, please send your request to the following: customerservice@borthwickandforrest.com
  4. MARKS
    The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Website or on content available through the Website, are registered and unregistered trademarks or service marks of SSACHS LTD and third parties. All Marks not owned by B&F that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Website without the written permission of B&F or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks. Your misuse of the Marks displayed on the Website or on or through any of the Websites’ services is strictly prohibited.
  5. REGISTRATION INFORMATION
    In the course of your use of the Website, you may be asked to register or otherwise provide certain personalised information to us and/or to create a username and password. B&F information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Website using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorised by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify B&F of any unauthorised use, or suspected unauthorised use, of your Registration Information or any other breach of security. B&F cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
  6. SUBMITTED MATERIALS
    Unless specifically requested, we do not solicit nor do we wish to receive any confidential or secret information or other material from you through the Website, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, designs, plans, techniques or other materials submitted or sent by you to us via any medium will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will B&F be liable for any inaccuracy or defect in any Submitted Materials.
  7. PROHIBITED USER CONTENT
    You warrant and agree that, while using the Website you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorised access to other computer systems through the Website. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
  8. PUBLIC FORUMS/USE
    In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website any fraudulent, unlawful, threatening, abusive, harassing, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent material. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from B&F. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.
  9. ADVERTISING MATERIAL
    For submitting Advertising Materials and Media Company Advertising Materials, you agree they are accurate and that all claims contained therein have been substantiated, and that it is the sole responsibility of Advertiser and/or Agency on behalf of Advertiser to review such Advertising Materials and Media Company Advertising Materials to confirm the same.
  10. LINKING TO OTHER WEBSITES
    You agree that if you include a link from any other websites to the Website, such link shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Website on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, are “framed,” surrounded or obfuscated by any third party content, materials or branding.
  11. PRODUCTS / SERVICES ORDERING – DIRECT & THIRD PARTY
    We may, directly or through our third-party selling partners, make certain products available to visitors and registrants of the Website. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to B&F. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the selling partners. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download.
  12. THIRD PARTY WEBSITES
    You may be able to link from the Website to third party websites and third party websites may link to the Website. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply B&F’s endorsement, sponsorship, or recommendation of that site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
  13. ADVERTISEMENTS / PROMOTIONS
    B&F may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than B&F, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. B&F is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Websites.
  14. GUARANTEE
    You agree to guarantee, defend and hold B&F and its directors, employees, agents and assigns, harmless from any and all claims, liabilities, costs and expenses, including legal fees, arising in any way from (a) your use of the Website, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Website, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. B&F reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with B&F’s defense of such claim. You agree not to settle any matter without the prior written consent of the legal team of B&F.
  15. Copyright Agent.
    We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Management team at B&F via customerservice@borthwickandforrest.com
  16. DISCLAIMER OF WARRANTIES.
    WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

B&F ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES.

UNDER NO CIRCUMSTANCES SHALL SD BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE, OR CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFF. YOU USE THE WEBSITES AT YOUR OWN RISK.

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING.

BF NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORISED SSACHS LTD EMPLOYEE WHILE ACTING IN THEIR OFFICIAL CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES.

  1. LIMITATION OF LIABILITY.
    IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SSACHS LTD (B&F), OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Applicable Laws.
    We control and operate the Website from our offices in the United Kingdom. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of Scotland, England and Wales.
  3. Termination.
    B&F may terminate, change, suspend or discontinue any aspect of the Website or the Websites’ services at any time. B&F may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, B&F may, in its sole discretion and without liability, terminate the Websites use privileges of users who are repeat infringers of intellectual property rights.
  4. DISPUTES
    Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and B&F arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to all claims and disputes relating to your use of the website. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SSACHS LTD (trading as B&F / BORTHWICK & FORREST / BORTHWICK AND FORREST) ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND SSACHS LTD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY.
  5. AGREEMENT
    These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

For more information on terms & conditions / privacy, contact: customerservice@borthwickandforrest.com

 

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