Three Thistles: Website Terms and Conditions of Use
- Definitions: We are Three Thistles plc, a company incorporated in Scotland (company number SC306747) and having its registered office at Citypoint, 65 Haymarket Terrace,Edinburgh
EH12 5HB. In these terms and conditions when we refer to “we”, we mean Three Thistles plc. The words “us”, “our” etc. will be construed accordingly. When we refer to “you” we mean the user and/or browser of this web site (the “Site”).
- These Conditions: You are reading the terms and conditions for use of this Site. These terms and conditions make a legally binding contract between us and you. Your acceptance of these terms and conditions is automatically and irrevocably made by you using the Site and takes effect from your first use of the Site (or any part thereof). If you do not accept these terms and conditions or have any objection to any part of them you should stop using the Site immediately. We reserve the right to make changes to these terms and conditions from time to time which will take effect from the date of posting of such changes on the Site. It will be your responsibility to check regularly to ensure that you agree to any such amendments and your continued use of the Site will mark your acceptance of any changes to the terms and conditions. These terms and conditions were last updated on 28th October 2015.
- About Linking by Hypertext to the Site: Before providing a link to the Site or Site Information (as defined below), you must seek our permission. To do this, email email@example.com with details of the URL which you wish to link to which forms part of the Site and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of the Site or Site Information in any html frame unless we have expressly authorised such display in writing. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) nor any products, information, materials or services offered or provided by them or any association with their operators. We have no responsibility for the content of the linked website(s).
The following content standards apply to any and all material which you contribute to our Website (“Contributions”) and to any interactive services associated with our Website. You must comply with the spirit of the following standards which apply to each part of any contribution you may make as well as to its whole.
Contributions require to:
• Be accurate (where factual)
• Be genuinely held (where options are stated)
• Comply with applicable law in the UK and in any country from which they are posted
It is essential that contributions do not:
• Contain any material which is defamatory of any person
• Contain any material which is obscene, offensive, hateful or inflammatory
• Promote sexually explicit material
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any copyright, database right, trademark or other intellectual property right of any other person
• Make it likely to deceive any person
• Incur a breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
• Promote any illegal activity
• Threaten, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety
• Harass, upset, embarrass, alarm or annoy any other person
• Impersonate any person or misrepresent your identity or affiliation with any person
• Harm or attempt to harm minors in any way
• Contain any unauthorised advertising or promotional materials
• Give the impression that they emanate from us, if this is not the case
• Advocate, promote or assist any unlawful act such as (by way of example only) contempt of court, copyright infringement or computer misuse
You warrant that your contribution is original to you and will at all times comply with the Content Standards stated above. You confirm that you have the right to give us permission to use your Contribution for the purposes specified above and that you have obtained the consent of anyone who is identifiable in it, or their parent or guardian if they are under 16 years of age.
You confirm that we may contact you for verification or administrative reasons in relation to your Contribution. You will indemnify us against all claims, losses and damages arising as a result of any breach of this section on Content Standards.
By submitting your Contribution you hereby grant us a royalty free, irrevocable, perpetual, worldwide licence for us to use or authorise others to use your Contribution as necessary to facilitate the provision of the services offered on the Website. You also hereby waive any moral rights you may have in your Contribution.
- Copyright and Other Intellectual Property Rights in the Site: For the purposes of these terms and conditions the expression “Site Information” means the images, graphics, photographs, text, animations, videos, applets, computer programs, computer code and scripts operating within, or which form part of, the Site. Unless otherwise expressly stated, all intellectual property rights (including, without limitation, copyright, trademarks, service marks, database rights and trading names) in the Site Information are owned by us. We may publish photographs, images or text on the Site in which the copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner. You may view the Site Information in a web browser for private browsing purposes only. Copying the Site Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not make a copy of the Site Information or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owners themselves for such consent (where reasonably practicable)). Furthermore, and without prejudice to the foregoing, you are not permitted to use, display or otherwise incorporate the Site Information into any web page which does not form part of the Site by hypertext link, or by any other means other than copying, without our prior written consent. Nothing in these terms and conditions or on the Site constitutes a licence to use or copy the Site Information.
- About trade marks in the Site: We may use some trade marks on the Site which are not owned by us. Where practicable, we acknowledge the relevant trade mark owners.
- About the accuracy of the Site Information: The Site Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy or completeness. We will not be liable for any action taken (or not taken) in reliance upon the Site Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Site Information to
correct any errors or omissions (at our discretion) without notice and without liability to you. External websites to which we provide hypertext links are not under our control and we take no responsibility and shall not be liable in any way for their content. It is a feature of the Site that some of the Site Information is contributed to us by different third parties and we do not control those parties or their information. Opinions expressed within the Site Information are those of the authors and do not necessarily represent our opinions. The Site, like any other, is susceptible to cyber-squatting, spoofing and vandalism. We do not accept any responsibility for, nor liability in respect of any losses arising from, or information which appears on the Site as a result of, such actions. In the unlikely event that you find any inaccurate information on the Site or have any complaint about what we have published on the Site please email firstname.lastname@example.org. We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.
- Further information about our liability to you: To the fullest extent lawfully possible, we exclude all liability to you in contract or in delict. We also exclude liability to you for any loss of profits, business, contracts, revenue, anticipated savings, goodwill, loss of or damage to data, or any other indirect or consequential loss or damage howsoever arising, including but not limited to business interruption, loss arising from inability to use the website nor from any errors and omissions in the website as a result of negligence or breach of contract. Without prejudice to the foregoing, our entire liability to you in connection with the use of the Site shall be limited to £1. By using the Site, you agree that this limitation is in all respects fair and reasonable. Notwithstanding any other provision of these terms and conditions, nothing in these terms and conditions shall, or shall be construed as purporting to, exclude or restrict liability in respect of death or personal injury for breach of duty arising in the course of business or from the occupation of business premises.
- Service Interruption and Viruses: While we will make every effort to ensure that this Site is free of viruses and that access is provided continuously or free of faults, it is technically impossible to provide a website free from interruptions and (except to the extent that interruptions are caused by our negligence) we make no guarantees that this Site will be free from interruptions or viruses. As a consequence and in common with most web publishers we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through the Site. In addition, we may need to carry out maintenance of the Site from time and in doing so, we will attempt to keep disruption to the Site to a minimum. Access to the website may be suspended temporarily and without notice in cases of system failure or for reasons beyond our control, We will not be held responsible for any damage to your computer or any of your property as a result of browsing this Site or of downloading any of the files on the Site.
- Comments Section: The Comments Section is provided by www.threethistles.co.uk for you to engage in positive conversations and discussions with regard to all aspects of the site. To protect everyone there are some rules, which you must accept in order to take part; I confirm that I will not use this discussion board to post any material which is knowingly false and/or defamatory, incorrect, scurrilous, vulgar, profane, sexually explicit, threatening, invasive of a person’s privacy, or otherwise in violation of any law. I agree that I will not post any copyrighted material unless the copyright material is owned by myself. I agree to comply with the content standards contained in Condition 3 hereof. I agree that threethistles.co.uk cannot review all the messages posted and therefore are not responsible for the content of any of these messages. They therefore reserve the right to delete any message for any reason whatsoever. I will refrain from mentioning personal telephone numbers, email addresses or personal websites. I will not slander or libel any individual (if you do you are liable to prosecution and will be banned from our site) I will not actively promote any commercial enterprise. But I do promise to extend courtesy to others. Treat others with the same respect that I would expect. If you find any of the content within the Comments Section offensive, abusive or inappropriate, please direct your complaint to email@example.com.
- Unauthorised use of the Website: Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- Waiver: No waiver by us of any breach by you of any of these Terms and Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
- Applicable Law: These terms and conditions are governed by Scots law and you agree that any dispute between us in relation thereto shall be subject to the non-exclusive jurisdiction of the Scottish courts.