Terms and Conditions
www.eskdale.net
1 General
1.1 This page (together with the documents referred to on it) provides the terms and condition upon which you may make use of the website made available and operated at www.eskdale.net ("our site").
1.2 Please read these terms and conditions of use carefully before you start to use our site. These terms and conditions are a legally binging document and create binding obligations upon you.
1.3 By using our site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please do not use our site.
1.4 Please read also, Terms & Conditions specifically relating to Domain Management, Terms of Business & Acceptable Use Policy
2 Information about us
2.1 Our site is made available and operated by Eskdale Solutions of Buccleuch Mill, Glenesk Road, Gretna, Dumfries & Galloway DG13 0ES ("we", "our", "us") and by other persons acting on our behalf.
2.2 We are a business partnership whose registered office is a Buccleuch Mill, Glenesk Road, Gretna, Dumfries & Galloway, DG13 0ES. Our VAT number is 998 0016 93.
3 Access
3.1 Our site is a place for you to ascertain general information concerning the products and services we offer. Our site is also a place for you to select and order products and services from us.
3.2 Our site is available only to persons and organisations that can form legally binding contracts under applicable law. You must be over eighteen (18) years old to use our site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave our site now.
3.3 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the products including software ("Products"), 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 Products, Services or Material shall be subject to these terms and conditions.
3.4 We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.
3.5 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 and that they comply with them.
3.6 We have used reasonable endeavours to ensure that our site complies with Scottish laws. However, We make no representations that our site or the Products, Services or Material are appropriate or available for viewing, access or use in locations outside Scotland. 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 Products, 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 Products, Services or Material and you must exit immediately. If making available the Products, 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 Products, 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 purchase the Products or the Services.
3.7 WE MAKE NO REPRESENTATIONS AND GIVE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, THAT THE MAKING AVAILABLE OF OUR SITE, THE PRODUCTS, SERVICES OR MATERIAL IN ANY PARTICULAR TERRITORY OUTSIDE SCOTLAND IS PERMITTED UNDER ANY NON-SCOTTISH LAWS. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF THE PURCHASE OR ATTEMPTED PURCHASE OF PRODUCTS OR SERVICES BY PERSONS WHO ARE CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN SCOTLAND OR WHO ARE NOMINEES OF OR TRUSTEES FOR CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN SCOTLAND WHO ARE RESTRICTED FROM PURCHASING OR ATTEMPTING TO PURCHASE PRODUCTS OR SERVICES.
4 Availability and operation
4.1 We shall use reasonable endeavours to ensure that our site and any Products, Services or Material are available and (as applicable) operate properly at all times.
4.2 We may suspend the availability or operation of our site or (as applicable) any Products, Services or Material on a temporary or indefinite basis as we may in our sole discretion determine.
4.3 ALL WARRANTIES OR GUARANTEES AS REGARDS THE AVAILABILITY OR OPERATION OF OUR SITE AND ANY PRODUCTS, 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 OR OPERATION OF OUR SITE AND ANY PRODUCTS, SERVICES OR MATERIAL.
5 Linking to our site
5.1 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.
5.2 You must not establish nor 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.
5.3 You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
5.4 You must not establish nor procure that any third party establishes a link to any page upon our site other than our home page.
5.5 You must not frame nor procure that any third party frames our site on any other website.
5.6 You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.
5.7 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.
6 Links from our site
6.1 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.
6.2 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.
6.3 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES ARISING OUT OF ANY USE OR INTERACTION BY YOU WITH THIRD PARTY SITES.
7 Viruses, hacking and other offences
7.1 You must not:
7.1.1 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 system, data or information;
7.1.2 attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;
7.1.3 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;
7.1.4 use an anonymising proxy to access our site;
7.1.5 attack our site via a denial-of-service attack or a distributed denial-of service attack;
7.1.6 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
7.1.7 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.
7.2 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.
7.3 YOU ALSO UNDERSTAND THAT WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT ANY PRODUCTS OR MATERIAL AVAILABLE FOR DOWNLOADING FROM 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. 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, ANY PRODUCTS, SERVICES OR MATERIAL, OR YOUR USE OF OR INTERACTION WITH ANY THIRD PARTY SITE.
8 Errors
8.1 You acknowledge that our site 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.
8.2 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED RELATING TO OR ARISING OUT OF ANY ERRORS WITHIN OUR SITE.
9 Material
9.1 We will do our best to ensure that all Material is accurate. Please note though that our site may contain typographical errors or other inaccuracies. We make no guarantees or warranties in respect of the accuracy of any Material. This does not affect your rights under law. For further information upon these rights please contact your local Citizen's Advice Bureau.
9.2 The Material is general in nature and is not intended to amount to advice on which reliance should be placed. You undertake not to rely upon the Material. You undertake not to provide any Material to any third party with a view to that third party relying upon that Material
9.3 WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED RELATING TO OR ARISING OUT OF ANY INACCURACIES WITHIN OR RELIANCE PLACED UPON ANY MATERIAL.
10 Passwords
10.1 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 Products, Services or Material, you must treat such information as confidential, and you must not disclose it to any third party.
10.2 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 Products, 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.
10.3 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 provided by us to you has become known to any third party.
11 Our intellectual property rights
11.1 Our site, the Products, Services and Material are protected by international copyright laws and other intellectual property rights. You acknowledge that we are the owner or the licensee of rights (including all intellectual property rights) in or relating to our site, the Products, Services and Material. You acknowledge that any rights to use our site, the Products, Services and Material granted hereunder are licensed not transferred to you. We grant you no rights to use our site, the Products, Services or Material other than in accordance with these terms and conditions. We reserve all such rights.
11.2 You must not:
11.2.1 use or copy;
11.2.2 disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise;
11.2.3 translate, merge, adapt, vary, modify or make alterations to;
11.2.4 distribute or licence rights in,
11.2.5 our site, any Material or any copies thereof other than as expressly stated hereunder.
11.3 Our status or that of any identified contributors as the authors of Material must always be acknowledged. Such acknowledgement must include the address of our site.
11.4 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 our site, any Products, Services or Material without our express written permission.
11.5 You must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your premises at which our site is or has been used by you or with your consent and to the computer equipment located there for the purpose of ensuring that these terms and conditions have been complied with.
11.6 You must not attempt in any way to remove or circumvent any technical protection measures applied to our site 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.
12 Your rights of use
12.1 You may print off one copy any Material from our site for your personal study, research or internal business purposes.
12.2 You may copy and distribute to third parties in an electronic or paper format extracts of Material generally and publicly made available upon our site without a requirement to register with our site but only in so far as may be necessary to draw the attention of such third parties to the availability of Products, Services or Material upon our site.
13 Material you submit to our site
13.1 By submitting material or information through our site you grant to us the right without limitation and without a requirement to pay to you any sums to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise such information or material. You acknowledge that we may permit others to exercise these rights.
13.2 By submitting information or material through our site you are guaranteeing that you have the right to grant to us the rights described in clause 13.1. If you are not able to grant to us these rights, please do not submit such information or material.
13.3 In relation to any information or material submitted by you through our site you waive absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, in such information or material.
13.4 You warrant that any material submitted by you through our site shall:
13.4.1 be accurate (where it states facts);
13.4.2 be genuinely held (where it states opinions);
13.4.3 comply with the law applicable in Scotland and in any country from which it is posted; and
13.4.4 be relevant.
13.5 You warrant that any material submitted by you through our site shall not:
13.5.1 be defamatory of any person;
13.5.2 be obscene, offensive, hateful or inflammatory;
13.5.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
13.5.4 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information subject to and in accordance with these terms and conditions;
13.5.5 infringe any copyright, database right or trade mark of any other person;
13.5.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
13.5.7 be in contempt of court;
13.5.8 be likely to harass, upset, embarrass, alarm or annoy any other person;
13.5.9 impersonate any person, or misrepresent your identity or affiliation with any person;
13.5.10 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or
13.5.11 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.
THE WARRANTIES PROVIDED FOR IN CLAUSE 13.4 AND CLAUSE 13.5 MUST BE COMPLIED WITH IN SPIRIT AS WELL AS TO THE LETTER. WE WILL DETERMINE, IN OUR SOLE DISCRETION, WHETHER ANY MATERIAL SUBMITTED BY YOU THROUGH OUR SITE BREACHES THESE WARRANTIES. YOU SHALL 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.
14 Purchase of software
14.1 This clause sets out the procedure which must be completed by you in order for you to purchase software .
14.2 You must submit to us a request to purchase from us software (a "Software Request"). Software Requests constitute an offer by you to purchase from us the software , in accordance with these terms and conditions. We may refuse your Software Request for whatever reason we may in our sole discretion determine. Software Requests may be submitted only through the form provided upon our Site.
14.3 The purchase of software is conditional upon payment to us of the Price. Details concerning Prices are made available upon our site. We will use reasonable endeavours to ensure that the details concerning Prices are accurate but we make no warranty or guarantee that they shall at any point in time be correct.
14.4 Upon receipt of your Software Request we shall confirm receipt of such to you using online electronic means only. Within our confirmation we will confirm the amount of the Price payable by you. If the Price is acceptable you are required to indicate your acceptance by clicking upon the "I Accept" button provided within the body of our confirmation (your "Confirmation"). If the Price is not acceptable to you, you should not so indicate your acceptance.
14.5 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 Price using the payment methods provided upon the Payment Website. You may not remit the Price to us using any other method.
14.6 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.
14.7 In respect of the Payment Website you undertake and warrant:
14.7.1 to abide by any terms and conditions relating to use of or interaction with the Payment Website;
14.7.2 that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and
14.7.3 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.
14.8 THE PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES AND DUTIES DUE AND PAYABLE IN THE UNITED KINGDOM AS A RESULT OF THE PROVISION OF THE RELATED PRODUCTS AND SERVICES BY US TO YOU. IF THE PROVISION OF PRODUCTS OR SERVICES 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 SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL SUCH LIABILITY.
14.9 We reserve the right to request additional information from you in relation to your payment of the Price for any reasonable purpose, including to allow us to properly verify your identity, 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.
14.10 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 to collect (or procure the collection of) the Price using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.
14.11 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.
14.12 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 Price using the Specified Payment Method.
14.13 Nothing in these terms and conditions 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.
14.14 We only accept payment of the Price 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.
14.15 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.
14.16 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.
14.17 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. Any such review is not a representation by us as to your character or reputation.
14.18 In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any Price paid or disputes our authorisation to collect (or procure the collection of) the Price (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.
14.19 You undertake not to use your Specified Payment Method:
14.19.1 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;
14.19.2 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;
14.19.3 to test credit card behaviour; or
14.19.4 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.
14.20 When you remit the Price to us you are liable to us for the full amount of the Price plus any additional sums due to be paid by us to any third party if your payment of the Price 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 Price is declined by the provider of your Specified Payment Method due to insufficient funds).
14.21 We make no representation or warranty regarding the amount of time taken to complete transfer of the Price from the provider of your Specified Payment Method to us.
14.22 You agree that we may satisfy any liability of you to us in full through use of your Specified Payment Method.
14.23 You consent to the providers of the Payment Website and your Specified Payment Website 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.
15 Exclusions
15.1 The terms of our Privacy and Cookie Policy shall form part of the terms and conditions.
15.2 THESE TERMS AND CONDITIONS AND OUR PRIVACY AND COOKIE POLICY SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF OUR SITE. IN PARTICULAR, THERE ARE NO CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR IMPLIED, THAT ARE BINDING UPON US EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS AND OUR PRIVACY AND COOKIE POLICY. IN SO FAR AS IS POSSIBLE WE EXCLUDE ALL CONDITIONS, WARRANTIES, GUARANTEES, REPRESENTATIONS AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW OTHER THAN THOSE EXPRESSLY STATED HEREUNDER.
15.3 WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS, 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.
15.4 IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE PRICE PAID BY YOU.
15.5 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.
16 Transfer
16.1 You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions without our prior written consent.
16.2 We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions at any time.
17 Breach
17.1 If you breach any of these terms and conditions, all of your rights under these terms and conditions including your right to use our site, the Products, Services and Material will cease immediately.
17.2 If we have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions 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. YOU SHALL 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 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.
18 Force majeure
18.1 We will not be liable for any failure to perform any obligation under these terms and conditons due to causes beyond our reasonable control.
18.2 These terms and conditions do not confer any rights on any person other than you and us.
19 Variation
19.1 We may change the Products, 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.
19.3 We reserve the right to change these terms and conditions at any time by amending this page or the page containing our Privacy and Cookie Policy. Any such change in these terms and conditions or our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions or our Privacy and Cookie Policy (as appropriate) as published on Our Site. You undertake to check this page and the page containing our Privacy and Cookie Policy from time to time to take notice of any changes we have made, as they are binding on you.
19.4 Some of the provisions contained in these terms and conditions and Our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on our site.
20 Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, 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 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.
21.2 These terms and conditions, our Privacy and Cookie Policy, together with any provisions or notices published elsewhere on our site which supersede these documents, are the whole agreement between you and us. You acknowledge that you have not entered into the obligations provided for in these terms and conditions in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind your obligations hereunder by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions or our Privacy and Cookie Policy.
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 when registering to access our site.
22.2 With the exception of amendments to these terms and conditions and our Privacy and Cookie Policy which shall have immediate effect following posting upon our site, such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.
23 Notices to us
23.1 You may only notify us in connection with any matter arising under these terms and conditions by emailing us at sales@eskdale.net.
23.2 Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.
24 Jurisdiction and applicable law
The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and you agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.
