Whyte and Mackay Limited
Dalmore House
310 St. Vincent Street
Glasgow
G2 5RG
VAT Registration Number: 556618711
Company Registration Number: SC014456
This legal notice applies to the entire contents of this World Wide Web site (the “Site”) and to any correspondence by e-mail between us (collectively “Electronic Media”)
The use and access of this Site is subject to the terms and conditions set out below (“Terms”). Please read these Terms before using or accessing the Site. By using or accessing the Site or any part thereof you agree to be bound by the Terms or by clicking the “Yes” option, you are confirming that you have read, understand and agree to all the terms in this notice.
Accessing The Site
Access to the Electronic Media is permitted on a temporary basis and Whyte and Mackay Limited reserve the right to withdraw or amend the service it provides on the Electronic Media without notice. It will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, Whyte and Mackay Limited may restrict access to some parts of the Site, or the entire Site, to users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Whyte and Mackay Limited have the right to disable any user identification code or password, whether chosen by you or allocated, at any time, if in its opinion you have failed to comply with any of the provisions of these Terms.
When using the Site, you must comply with the provisions of the Acceptable Use Policy.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
Intellectual Property
The phrase “Intellectual Property” means all copyright, know-how, confidential information, technical information, trade secrets, business names, trademarks, service marks, business or trade names, patents, utility models, design rights (whether registerable or otherwise), semi-conductor topography rights, database rights, all rights in the nature of unfair competition rights or rights to sue for passing-off and any other intellectual property rights whether registered or unregistered or any application therefore subsisting anywhere in the world from time to time or any other property.
Electronic Media are the Intellectual Property of Whyte and Mackay Limited, its affiliates or its licensors and any relevant trade marks used are the property of the respective owners.
Subject to the “Use of the Electronic Media” section below, nothing contained within the Electronic Media should be constructed as granting, by implication, personal bar or otherwise, any licence or right to use any of Whyte and Mackay Limited’s Intellectual Property displayed on the Electronic Media without the prior written permission of Whyte and Mackay Limited.
Use of the Electronic Media
Whyte and Mackay Limited maintains the Electronic Media for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download content on the Electronic Media for non-commercial, personal use only provided you always retain all copyright and other proprietary notices contained on such content. You may not distribute, modify, transmit, re-use, re-post or use any or all of the content for public or commercial purposes without Whyte and Mackay Limited’s prior written permission. Changes periodically are made to the content of this Site without notice. Any unauthorised downloading, re-transmission or other copying or modification of any of the content may be in breach of statutory or common law rights, which could be the subject of legal action.
Whyte and Mackay Limited disclaim all liability, which may result from any unauthorised reproduction or use of the information and content in the Electronic Media. All rights not expressly granted are reserved by Whyte and Mackay Limited.
Warranties
Whyte and Mackay Limited is providing the Electronic Media to you free of charge and on an “as is” and “as available” basis. Whyte and Mackay Limited does not provide any warranties in connection with the Electronic Media. Accordingly, to the maximum extent Whyte and Mackay Limited is permitted by law, Whyte and Mackay Limited provides you with the Electronic Media on the basis that Whyte and Mackay Limited excludes all representations (except fraudulent representations), warranties, conditions and other terms (including without limitation the conditions implied by law of satisfying quality, fitness for purpose and the use of reasonable care and skill) which but for this notice would have effect in relation to the Electronic Media. Whyte and Mackay Limited also excludes all responsibility or liability for any amount or kind of loss or damage that may be caused to you or a third party as a result of providing the Electronic Media, including but not limited to loss or damage due to viruses or whatsoever nature that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any content from the Electronic Media or any Sites linked to the Site. Whyte and Mackay Limited gives no warranty that (1) the site meets your requirements or (2) the websites will be uninterrupted, timely, and secure or error free; or (3) any information that may be obtained from the use of the Site will be accurate or reliable.
Commentary and other materials posted on the Electronic Media are not intended to amount to advice on which reliance should be placed. Whyte and Mackay Limited therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to or user of the Electronic Media, or by anyone who may be informed of any of its contents.
Limitation of Liability
Whyte and Mackay Limited, any other party (whether or not involved in creating, producing, maintaining or delivering the Electronic Media), and any of Whyte and Mackay Limited’s holding companies, subsidiaries or affiliated companies (“Affiliates”) and the offices, directors, employees, shareholders or agents of any of them shall not be liable in connection with the Electronic Media in any way (or in connection with the use of, performance of, or your browsing in, or your links to, other sites from the Electronic Media), for any loss or damages of any kind howsoever arising, including without limitation, any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts and whether or not advised of the possibility of such damages and whether in delict including negligence, contract or otherwise.
However, nothing in this legal notice shall exclude or limit Whyte and Mackay Limited’s liability for fraud or for death or personal injury caused by its negligence.
Unaffiliated/Third Party Products and Websites
Descriptions of, or references to, third party products, publications or third party websites not owned or wholly controlled by Whyte and Mackay Limited or its Affiliates do not imply any form of endorsement of that third party product, publication or website. Whyte and Mackay Limited has not reviewed the content on websites other than the Site and is not responsible or liable in any way for it. Whyte and Mackay Limited disclaims responsibility for all representations made or implied in relation to products, publications or websites not owned or wholly controlled by Whyte and Mackay Limited. Your linking to a third party website is at your own risk and you acknowledge and agree that Whyte and Mackay Limited shall not be responsible or liable, directly or indirectly for any damages or loss caused by or in connection with use of or reliance on any material displayed on a third party website not under Whyte and Mackay Limited’s ownership or complete control.
The content displayed on the Site including any information regarding the price or availability of products and/or services available via any third party website is believed to be reliable when displayed but Whyte and Mackay Limited cannot guarantee that such content will be accurate, complete and current at all times.
Linking to the Site
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage the reputation of Whyte and Mackay Limited or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Whyte and Mackay Limited and/or its Affiliates where none exists.
You must not establish a link from any website that is not owned and/or wholly controlled by you.
The Site must not be framed on any third party website, nor may you create a link to any part of the Site other than the home page. Whyte and Mackay Limited reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Acceptable Use Policy.
Uploading Material to The Electronic Media
Whenever you make use of a feature that allows you to upload or post or transcript its material to the Electronic Media, or to make contact with other users of the Electronic Media, you must comply with the content standards set out in the Acceptable Use Policy. You warrant that any such content does comply with those standards and you indemnify Whyte and Mackay Limited for any breach of that warranty.
Whyte and Mackay Limited has the right to remove any material or Posting you make on the Electronic Media if, in the opinion of Whyte and Mackay Limited, such material does not comply with the content standards set out in our Acceptable Use Policy
Communication Via the Electronic Media
In addition to the Acceptance Use Policy and as also detailed therein, you shall not post or transmit and statement, material or content that is unlawful, obscene, indecent, libellous, pornographic, seditious, offensive, defamatory, threatening, abusive, liable to incite racial hatred, discriminatory, menacing, threatening, scandalous, blasphemous, in breach of confidence, in breach of privacy or material owned by a third party for which you have not obtained all necessary licenses and/or approvals for which may cause annoyance or inconvenience. You also agree that any Postings (as defined below) or transmissions you make shall not constitute or encourage conducts that would be considered a criminal offence give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party enforceable in, any jurisdiction from which the Electronic Media may be accessed or a Posting is made. You must also not transmit any technically harmful Postings or transmissions to or through the Electronic Media (and such shall include but not be limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or engage in other practices of misuse (which shall include but not be limited to hacking). Whyte and Mackay Limited will fully co-operate with any law enforcement authorities or court order requesting or directing Whyte and Mackay Limited to disclose the identity or locate any one Posting and such content.
This Site must not be accessed, monitored or copied by any manual process or by a robot, spider or other automated device.
Consequences of Postings
The communication or content you transmit via or related to the Electronic Media by e-mail or otherwise, including, but not limited to, any correspondence, data, questions, comments, suggestions is and will be treated as non-confidential and non-proprietary to you. Whyte and Mackay Limited cannot prevent the ‘harvesting’ of information from the Electronic Media, and you may be contacted by Whyte and MacKay Limited or unrelated third parties, by e-mail or otherwise, within or outside of the Electronic Media. Anything you transmit using the Electronic Media becomes the property of Whyte and Mackay limited and may be edited by or on behalf of Whyte and Mackay Limited, may or may not be published, including but not limited to on the electronic Media at the sole discretion of Whyte and Mackay limited information and correspondence you provide and may be used by Whyte and Mackay Limited or its Affiliates for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Whyte and Mackay Limited is free to use any ideas, concepts, know-how, or techniques contained in and communication you send to the Electronic Media for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.
Whyte and Mackay Limited is under no obligation to monitor or review and discussion, charts, postings, transmissions, bulletin boards etc on the Site and you understand and agree Whyte and Mackay Limited is not responsible for, does not control, does not endorse and does not verify the content of any Postings and makes no guarantee regarding the reliability, service, accuracy, legitimacy or quality of any postings. You agree that you will bear any and all risk of reliance on the accuracy, validity and legitimacy of your Postings, Whyte and Mackay Limited assumes no responsibility or liability for any action or communications by you or any Postings by you or any third party within or outside of the Electronic Media.
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and Whyte and Mackay Limited under which you use the Electronic Media which includes, for the avoidance of doubt, the Site. This Acceptable Use Policy applies to all users of, and visitors to, the Electronic Media.
Your use of the Electronic Media means that you accept, and agree to abide by, all the terms of this Acceptable Use Policy.
1 Prohibited Uses
You may use the Electronic Media only for the purpose for which the Electronic Media is intended. You may not use the Electronic Media:
1.1 in any way that breaches any applicable local, national or international law or regulation;
1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.3 for the purpose of transmitting viruses;
1.4 for the purpose of harming or attempting to harm minors in any way;
1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2 Content Standards
These content standards apply to any and all material which you upload, submit or transmit to the Electronic Media (“Postings”) and to any interactive services associated with it.
The standards apply to each part of any Posting as well as to its whole.
2.1 Postings must:
2.1.1 be accurate (where they state facts);
2.1.2 be genuinely held (where they state opinions); and
2.1.3 comply with applicable law and in the country from which they are posted.
2.2 Postings must not:
2.2.1 contain any material which is defamatory of any person;
2.2.2 contain any material which may be deemed to be obscene, offensive, hateful or inflammatory;
2.2.3 promote sexually explicit material;
2.2.4 promote violence;
2.2.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
2.2.6 infringe any copyright or database right or trade mark or any intellectual property right of any other person;
2.2.7 be likely to deceive any person;
2.2.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
2.2.9 promote any illegal activity;
2.2.10 be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety;
2.2.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
2.2.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
2.2.13 give the impression that they emanate from Whyte and Mackay Limited, if this is not the case; or
2.2.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3 Suspension and Termination
Whyte and Mackay Limited will determine, in its sole discretion, whether there has been a breach of this Acceptable Use Policy through the use of the Electronic Media. When a breach of this Acceptable Use Policy has occurred, Whyte and Mackay Limited may take such action as it deems appropriate.
Failure to comply with this Acceptable Use Policy may result in Whyte and Mackay Limited taking all or any of the following actions:
3.1 immediate, temporary or permanent removal of any Posting or material uploaded to the Electronic Media;
3.2 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
3.3 further legal action against you; and
3.4 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Whyte and Mackay Limited excludes liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this Acceptable Use Policy are not limited, and Whyte and Mackay Limited may take any other action it reasonably deems appropriate.
4 Changes to the Acceptable Use Policy
This Acceptable Use Policy may be revised by Whyte and Mackay Limited from time to time.
Your Grant to Whyte and Mackay Limited: Acknowledgement of and Agreement to Comply with the Terms
By clicking the “Yes” button above, you are confirming you have read, understood and agree to all of the Terms and you grant the following to Whyte and Mackay limited and its respective officers, directors, employees, agents, successors and assigness and anyone authorised by any of them (the “Related Parties”) the following:
1 all rights, title and interest in in Postings on or in connection with the Electronic Media, including without limitation all copyrights, and the exclusive right to license, sub-license, sell, use, edit, adapt and/or modify the information and communication in each of your Postings in any way; and
2 full permission to use your name, likeness, voice and biographical data, in whole or in part, to the extent these form part of any Posting by you in any and all media for the purposes of advertising, publicity and trade, and in connection therewith you hereby release them and each of them all liability; and
3 indemnification and agreement to hold them harmless from any and all losses, damages, costs, expenses, rights, claims, demands and actions which any other party may have against you arising out of your participation in the Site including but not limited to personal injuries, death, disability, property damages, solicitors frees and expenses of litigation and settlement.
Changes to the Terms
Whyte and MacKay Limited reserves the right to make changes to any part of the Electronic Media and due to its policy of updating and improving the Electronic Media Whyte and Mackay Limited may wish to change the Terms. Whyte and Mackay Limited reserve the right to modify these Terms relating to the use of and access to the Electronic Media without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Electronic Media and use of the Electronic Media by you on or after such effective date shall constitute acceptance of such amended Terms.
You agree that Whyte and Mackay Limited, in its sole discretion, may terminate your ability to use the Electronic Media, and remove and discard any content or Postings, for any reason whatsoever, including, without limitation, for infringing these Terms. You agree that any termination of access to the Electronic Media may be immediate and without prior written notice.
Governing Law
The Electronic Media shall be governed by, and your browsing in and use of the Electronic Media is, under and subject to the laws of Scotland and under the exclusive jurisdiction of the Scottish Courts.
Notwithstanding the foregoing, the Electronic Media may be viewed internationally and may contain products or services not available in all countries or available in some countries only on other terms, including terms as to price. References to a particular product or service do not imply that Whyte and Mackay Limited intend to make such products or services available in such countries.
General
If any provision of the Terms is found to be invalid the validity of the provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.
If Whyte and Mackay Limited fails to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy. The Headings in the Terms are for convenience only and will have no legal meaning or effect.