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findr website terms and conditions of use

Please read these terms and conditions of use carefully. By accessing or using this website, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use this website.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with findr Ltd, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify findr Ltd for violations of these Site Terms.

Privacy Policy

  1. Privacy

    1. findr Ltd ("we" or "us") are committed to protecting and respecting your privacy.
    2. This policy (together with our Terms and Conditions of Use, our Acceptable Use Policy any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
    3. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
    4. By visiting https://findr.me (the "Site") you are accepting and consenting to the practices described in this policy.
    5. For the purpose of the Data Protection Act 1998 (the "Act"), the data controller is findr Ltd, 90 Temple Park Crescent, Edinburgh EH11 1HZ.
  2. Anonymous Use

    1. In general, most of the Site’s pages are provided for informational purposes and you will be able to use the Site without telling us who you are or providing us with any personal data.
    2. The term "personal data" is used in this Privacy Policy to mean data such as: your name, mailing address, e-mail address, internet service provider, telephone number, or other personal information that may be supplied by you or collected about you according to applicable local legislation.
  3. Your Information

    In some circumstances we may require to ask for or obtain information from you and we may collect and process:

    1. Information you give us.
      1. This will comprise information you provide by filling in forms on the Site or by corresponding with us by phone, e-mail or otherwise.
      2. This includes information you provide when you register to use the Site, subscribe to our service, participate in discussion boards or other social media functions on the Site, enter a competition, promotion or survey, and when you report a problem with the Site.
      3. The information you give us may include your name, address, e-mail address and phone number and other personal information.
    2. Information we collect about you.
      1. With regard to each of your visits to the Site we may automatically collect technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
  4. Cookies

    1. Cookies contain information that is transferred to your computer's hard drive (not on the Site) and is a file of letters and numbers that we store on your browser or the hard drive of your computer if you agree.
    2. By continuing to browse the site, you are agreeing to our use of cookies.
    3. We use the following cookies:
      1. Strictly necessary cookies that are required for the operation of the Site and include, for example, cookies that enable you to log into secure areas of the Site.
      2. Analytical/performance cookies which allow us to recognise and count the number of visitors and to see how visitors move around the Site when they are using it. This helps us to improve the way the Site works, for example, by easily.
      3. Functionality cookies which are used to recognise you when you return to the Site and which enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
      4. Targeting cookies which record your visit to the Site, the pages you have visited and the links you have followed and which we can use to make the Site more relevant to your interests.
    4. You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the Site.
  5. Uses of Information

    1. We use information you give us:
      1. where you are a photographer using the Site in your professional capacity,
        1. to promote the Site by using your name and the fact that you are a user of the Site in our advertising materials; and
        2. to promote you and the photographic services you provide, for which purpose we may use personal information you provide to us,
      2. to respond to your requests;
      3. customize your user experience with us;
      4. contact you via e-mail or phone;
      5. to notify you about changes to our service;
      6. to ensure that content from the Site is presented in the most effective manner for you and for your computer.
    2. We will use information we collect about you:-
      1. to administer the Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      2. to improve the Site to ensure that content is presented in the most effective manner for you and for your computer;
      3. to allow you to participate in interactive features of our service, when you choose to do so;
      4. as part of our efforts to keep the Site safe and secure; and
      5. to make suggestions and recommendations to you and other users of the Site about goods or services that may interest you or them.
    3. We may combine information we receive from other sources with information you give to us and information we collect about you and we may use that information for the purposes set out in Clauses 5.1 and 5.2.
  6. Disclosure of your Information

    1. We do not engage in the practice of exchanging, selling or trading personal data to other companies for promotional purposes under any circumstances.
    2. However, we may share your information including personal data with:
      1. any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the UK Companies Act 2006;
      2. analytics and search engine providers that assist us in the improvement and optimisation of the Site; and
      3. credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
    3. We may share your information with third parties in the following circumstances:
      1. where appropriate, we may use some information you provide to personal information, to promote you and/or the Site;
      2. in the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets;
      3. if findr Ltd or substantially all of its assets are acquired by a third party personal data held by it about its customers will be one of the transferred assets; and
      4. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use and other agreements; or to protect the rights, property, or safety of our company, our customers, or others.
  7. Storing Your Personal Data

    1. We have endeavoured to take all commercially reasonable measures to prevent unauthorised access to and improper use of your personal data submitted to us via your use of the Site.
    2. Unfortunately, the transmission of information via the internet is not completely secure and although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk.
    3. Transfer of Data

      1. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA").
      2. Your data may also be processed by staff operating outside the EEA who work for us or for one of our partners.
      3. By submitting your personal data, you agree to this transfer, storing or processing.
    4. Security

      1. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
      2. All information you provide to us is stored on our secure servers.
      3. Any payment transactions will be encrypted.
      4. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential and we ask you not to share a password with anyone.
  8. Your Rights

    1. Marketing Purposes

      1. You have the right to ask us not to process your personal data for marketing purposes.
      2. You can exercise your right to prevent such processing by contacting us at info@findr.me.
    2. Access to Your Data

      1. The Act gives you the right to access information held about you and your right of access can be exercised in accordance with the Act.
      2. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
    3. Accuracy of Data

      1. We will at your request, free of charge, rectify or erase any incomplete, inaccurate or outdated personal data retained by us in connection with the operation of the Site.
  9. External Links

    1. The Site may, from time to time, contain links to other websites.
    2. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies or for those websites use of your data.
    3. We recommend that you read these policies before you submit any personal data to these websites.
  10. Changes to this Privacy Policy

    1. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
    2. We recommend that you check back frequently to see any updates or changes to our privacy policy.
  11. Contact

    Questions, comments and requests regarding this privacy policy are welcomed and should be emailed to info@findr.me.

ACCEPTABLE USE POLICY

  1. Acceptable Use Policy

    1. This Acceptable Use Policy sets out the terms between you and us under which you may access our website https://findr.me (the "Site").
    2. This acceptable use policy applies to all users of, and visitors to, the Site.
    3. Your use of the Site means that you accept, and agree to abide by all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions of Use and our Privacy Policy.
  2. About findr

    1. https://findr.me is a website operated by findr Ltd ("we" or "us").
    2. We are registered in Scotland under company number SC466144 and we have our registered office at 90 Temple Park Crescent, Edinburgh EH11 1HZ.
  3. Prohibited Uses

    1. You may use the Site only for lawful purposes.
    2. You may not use the Site:
      1. in any way that breaches any applicable local, national or international law or regulation;
      2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      3. for the purpose of harming or attempting to harm minors in any way;
      4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out at Clause 5;
      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
      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 software or hardware.
    3. You also agree:
      1. not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms and Conditions of Use;
      2. not to access without authority, interfere with, damage or disrupt:
        1. any part of the Site;
        2. any equipment or network on which the Site is stored;
        3. any software used in the provision of the Site; or
        4. any equipment or network or software owned or used by any third party.
  4. Interactive Services

    1. We may from time to time provide interactive services on the Site, including, without limitation:
      1. message boards;
      2. chatrooms; and
      3. forums
      4. (the "interactive services").
    2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
    3. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
    4. Please be aware that we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
    5. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian and we advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation, if any, is not foolproof.
  5. Content Standards

    1. These content standards apply to any and all material which you contribute to the Site, and to any interactive services associated with it.
    2. You must comply with the spirit and the letter of the following standards and the standards apply to each part of any contribution as well as to its whole.
    3. Contributions must:
      1. be accurate (where they state facts);
      2. be genuinely held (where they state opinions); and
      3. comply with applicable law in the UK and in any country from which they are posted.
    4. Contributions must not:
      1. contain any material which is defamatory of any person;
      2. contain any material which is obscene, offensive, hateful or inflammatory;
      3. promote sexually explicit material;
      4. promote violence;
      5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      6. infringe any copyright, database right or trade mark of any other person;
      7. be likely to deceive any person;
      8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
      9. promote any illegal activity;
      10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
      11. be likely to harass, upset, embarrass, alarm or annoy any other person;
      12. be used to impersonate any person, or to misrepresent your identity or affiliation with ay person;
      13. give the impression that they emanate from us, if this is not the case; and
      14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  6. Termination and Suspension

    1. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site.
    2. When a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
    3. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions of Use upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
      1. immediate, temporary or permanent withdrawal of your right to use the Site;
      2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
      3. issue of a warning to you;
      4. 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;
      5. further legal action against you; and/or
      6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    4. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.
    5. The responses described in this Acceptable Use Policy are not limited, and we may take any other action we reasonably deem appropriate.
  7. Changes to Policy

    1. We may revise this Acceptable Use Policy at any time by amending this page.
    2. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.
    3. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site

Terms and conditions of use

  1. Terms of use

    1. These terms and conditions of use (the "Terms of Use") apply to your use of this website https://findr.me (the "Site").
    2. Please read the Terms of Use carefully before you start to use the Site.
    3. By accessing or using the Site, you agree to be bound by the terms and conditions described in the Terms of Use and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, you must not use the Site.
    4. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use.
    5. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify us for violations of these Terms of Use.
  2. Other Applicable Terms

    1. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms of Use on such entity's behalf, and that such entity agrees to indemnify us for violations of these Terms of Use.
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and
      2. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site which you must comply with when using the Site.
  3. About findr

    1. The Site is owned and operated by findr Ltd ("we" or "us").
    2. We are a limited company registered in Scotland under company number SC466144 and have our registered office at 90 Temple Park Crescent, Edinburgh, Midlothian, Scotland EH11 1HZ.
  4. Changes to Terms of Use

    1. We reserve the right to change any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion.
    2. When we make changes, we will revise the "last updated" date at the top of the Terms of Use and any changes will be effective immediately upon posting on the Site.
    3. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.
  5. Access to the Site

    1. The Site is made available free of charge.
    2. We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted.
    3. Access to the Site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the Site without notice.
    4. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
    5. You are responsible for making all arrangements necessary for you to have access to the Site.
    6. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms of Use and other applicable terms and conditions, and that they comply with them.
    7. We may update the Site from time to time, and may change the content at any time.
    8. Please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it .
    9. We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
  6. Your Account and Password

    1. 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 must not disclose it to any third party.
    2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use.
    3. In consideration of your use of the Site, you agree to:
      1. provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
      2. maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete;
      3. maintain the security of your password and identification;
      4. notify us immediately of any unauthorised use of your account or other breach of security;
      5. accept all responsibility for any and all activities that occur under your account; and
      6. accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.
    4. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms of Use.
  7. Intellectual Property - the Site

    1. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, logos, text, graphics, data, photographic images, moving images, sound, illustrations, software, page headers, custom graphics, button icons and scripts and the selection and arrangement thereof is owned by us, our licensors, or our third-party image partners and may not be copied, imitated or used, in whole or in part, without our prior written permission or with the prior written permission of the applicable trademark holder.
    2. All elements of the Site are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property around the world and all such rights are reserved.
    3. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
    4. Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
    5. You may print off one copy, and may download extracts, of any pages from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site.
    6. You are specifically prohibited from:

      1. downloading, copying, or re-transmitting any or all of the Site or the content/ images on the Site without, or in violation of, a written licence or agreement with us;
      2. using any data mining, robots or similar data gathering or extraction methods;
      3. manipulating or otherwise displaying the Site or our content by using framing or similar navigational technology;
      4. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our products or services if you are not expressly authorised by such party to do so;
      5. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any of our products or services if you are not expressly authorised by such party to do so;
      6. using any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors;
      7. using metatags or any other "hidden text" utilising "findr" or any of our other names, trademarks or product or service names without our prior written permission;
      8. modifying the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    7. On any breach of this Clause 7 your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    8. Any breach of Clause 7 may also constitute a breach of applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
  8. Intellectual Property - Our User's Content

    1. Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy and you warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    2. Any content you upload to the Site will be considered non-confidential and non- proprietary.
    3. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties on the terms set out in these Terms of Use.
    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the Site.
    6. We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
    7. We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, access to the Site for users who infringe our intellectual property rights or those of any third party.
    8. Any images used on the Site are the sole copyright of the photographer.
    9. If you believe that any material on the Site infringes upon any copyright that you own or control, please submit a notification of such infringement to us:-
      1. by email to info@findr.me;
      2. by phone on 0208 224 1564; or
      3. in writing to findr Ltd, 90 Temple Park Crescent, Edinburgh EH11 1HZ.
  9. Links to the Site

    1. You may link to the Site, provided you:-
      1. do so in a way that is fair and legal;
      2. do so in a way that does not damage our reputation or take advantage of it;
      3. do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
      4. do not frame the Site or any of our trademarks, logos or other proprietary information on any other site with our express written consent;
      5. do not create a link to any part of the Site other than the home page; and
      6. do not establish a link to the Site in any website that is not owned by you.
    2. You may not use our logo or any other image or content owned by us to link to the Site without our express written permission.
    3. We reserve the right to withdraw linking permission without notice.
    4. If you wish to make any use of content on the Site other than that set out above, please contact info@findr.me.
  10. Links from the Site

    1. Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only and we have no control over the contents of those sites or resources.
    2. We make no claim, representation or warranty regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site.
    3. We provides links to third parties to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.
    4. When you leave the Site, our Terms of Use, Acceptable Use Policy and Privacy Policy no longer apply and you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
    5. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
  11. Indemnification

    You agree to defend, indemnify and hold harmless findr Ltd, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained your unauthorised use of our content, or your violation of any rights of another.

  12. Disclaimer

    1. The Site and the content within are provided "as is" and findr Ltd and our directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose.
    2. In particular, we will not be liable for any damages of any kind arising from the use of the Site or the content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages.
    3. The functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error.
    4. You will assume the entire cost of all necessary servicing, repair or correction due to your use of the Site.
    5. We make no warranty that the Site or the content is secure or free from infection by viruses or anything else with contaminating or destructive properties
    6. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and you should use your own virus protection software.
    7. We use reasonable efforts to ensure the accuracy, correctness and reliability of the content displayed on the Site, but we make no representations or warranties as to the accuracy, correctness or reliability of that Content.
    8. We offers a search feature within the Site but we shall not be responsible for the content or availability of information contained in our search index or directory or for the completeness or accuracy of any directory or search result.
  13. Limitation of Liability

    1. To the extent permitted by law and as far as is not otherwise provided in these Terms of Use, we exclude any liability for any direct, special, indirect or consequential loss or damage, whether in contract or otherwise, even if foreseeable, arising in connection with:-
      1. use of, or inability to use, the Site;
      2. use of or reliance on any content displayed on the Site;
      3. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it;
      4. use of, or inability to use, any websites linked on the Site; or
      5. use of, or reliance on, any content displayed on any websites linked on the Site.
    2. If you are a business user, please note that in particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or
      5. any indirect or consequential loss or damage.
    3. In no event shall our aggregate liability, whether in contract, warranty, delict (including negligence, whether active, passive or imputed), product liability, strict liability or otherwise, arising out of or relating to the use of the Site exceed any compensation you pay, if any, to us for access to or use of the Site.
    4. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
    5. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
  14. Viruses

    1. We do not guarantee that the Site will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
    3. You must not:-
      1. misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
      2. attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site; or
      3. attack the Site via a denial-of-service attack or a distributed denial-of service attack.
    4. We will report any breach of Term 14.3 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 the Site will cease immediately.
  15. Applicable Law

    1. Any dispute relating in any way to your use of the Site or the Content within shall be governed by the laws of Scotland.
    2. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scots law. You and we both agree to that the Scottish courts will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in England or Wales.
    3. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the Scottish courts.
  16. Termination

    1. Notwithstanding any of these Terms of Use, we reserve the right, without notice and at our sole discretion, to terminate your account and to block your use of the Site.
    2. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by us.
    3. If any clause in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
    4. Any rights not expressly granted herein are reserved.