Terms


Main Terms and Conditions

Introduction


     1.1.These terms and conditions shall govern your use of our website.


     1.2.By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.


     1.3.If you [register with our website or make a purchase on our website], we will ask you to expressly agree to these terms and conditions.


     1.4.You must be at least [16] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [16] years of age.


     1.5.Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].


     1.6. All services provided by Ayrshire IT Ltd have a minimum of 30 days service followed by 30 days cancellation period.

Copyright notice


     2.1.Copyright (c) 2019 Ayrshire IT Ltd.


     2.2.Subject to the express provisions of these terms and conditions:
         

          a). we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website.
          b). all the copyright and other intellectual property rights in our website and the material on our website are reserved.

Licence to use website


     3.1.You may:


          a). view pages from our website in a web browser;
          b). download pages from our website for caching in a web browser;
          c). print pages from our website;
          d). [stream audio and video files from our website]; and
          e). [use [our website services] by means of a web browser], subject to the other provisions of these terms and conditions.


     3.2.Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.


     3.3.You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.


     3.4.Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.


     3.5.Unless you own or control the relevant rights in the material, you must not:


          a). republish material from our website (including republication on another website);
          b). sell, rent or sub-license material from our website;
          c). show any material from our website in public;
          d). exploit material from our website for a commercial purpose; or
          e). redistribute material from our website.
     

     3.6.Notwithstanding Section 3.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].

Products


     4.1.The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.


     4.2.We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.


     4.3.The sale and purchase of products through our website will be subject to [terms and conditions of sale], and we will ask you to agree to the terms of that document each time you make a purchase on our website.


     4.4.Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

Registration and accounts


     5.1.To be eligible for [an account] on our website under this Section 6, you must [be resident or situated in the United Kingdom].


     5.2.You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].


     5.3.You must not allow any other person to use your account to access the website.


     5.4.You must notify us in writing immediately if you become aware of any unauthorised use of your account.


     5.5.You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

User login details


     6.1.If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].


     6.2.Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.


     6.3.You must keep your password confidential.


     6.4.You must notify us in writing immediately if you become aware of any disclosure of your password.


     6.5.You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

Cancellation and suspension of account


     7.1.We may:


          a). suspend your account;
          b). cancel your account; and/or
          c). edit your account details,
          e). at any time in our sole discretion without notice or explanation.


     7.2.You may cancel your account and services with us by emailing accounts@ayrshireit.com

Your content: licence


     8.1.In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].


     8.2.You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].


     8.3.You grant to us the right to sub-license the rights licensed under Section 9.2.


     8.4.You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.


     8.5.You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.


     8.6.You may edit your content to the extent permitted using the editing functionality made available on our website.


     8.7.Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

Your content: rules


     9.1.You warrant and represent that your content will comply with these terms and conditions.


     9.2.Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).


     9.3.Your content, and the use of your content by us in accordance with these terms and conditions, must not:


          a). be libellous or maliciously false;
          b). be obscene or indecent;
          c). infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
          d). infringe any right of confidence, right of privacy or right under data protection legislation;
          e). constitute negligent advice or contain any negligent statement;
          f). constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
          g). be in contempt of any court, or in breach of any court order;
          h). be in breach of racial or religious hatred or discrimination legislation;
          i). be blasphemous;
          j). be in breach of official secrets legislation;
          k). be in breach of any contractual obligation owed to any person;
          l). depict violence in an explicit, graphic or gratuitous manner;
          m). be pornographic, lewd, suggestive or sexually explicit;
          n). be untrue, false, inaccurate or misleading;
          o). consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or     damage];
          p). constitute spam;
          q). be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
          r). cause annoyance, inconvenience or needless anxiety to any person.

Report abuse


     10.1.you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.


     10.2.You can let us know about any such material or activity [by email or using our abuse reporting form].

Limited warranties


     11.1.We do not warrant or represent:


          a). the completeness or accuracy of the information published on our website;
          b). that the material on the website is up to date; or
          c). that the website or any service on the website will remain available.


     11.2.We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
     

     11.3.To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

Limitations and exclusions of liability


     12.1.Nothing in these terms and conditions will:


          a). 12.1.1.limit or exclude any liability for death or personal injury resulting from negligence;
          b). limit or exclude any liability for fraud or fraudulent misrepresentation;
          c). limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
          d). The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
are subject to Section 12.1; and govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

     12.2. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; unless caused directly by our negligence.

     12.3. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

     12.4. We will not be liable to you in respect of any loss or corruption of any data, database or software.

     12.5. We will not be liable to you in respect of any special, indirect or consequential loss or damage.



Breaches of these terms and conditions

     13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

     (a). send you one or more formal warnings;
     (b). temporarily suspend your access to our website;
     (c). permanently prohibit you from accessing our website;
     (d). [block computers using your IP address from accessing our website];
     (e). [contact any or all of your internet service providers and request that they block your access to our website];
     (f). commence legal action against you, whether for breach of contract or otherwise; and/or
     (g). [suspend or delete your account on our website].

     13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].

Third party websites

     14.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

     14.2 We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks

     15.1 Ayrshire IT Ltd, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

     15.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

Variation

     16.1 We may revise these terms and conditions from time to time.

     16.2 [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]

     16.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

Assignment

     17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

     17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

Sever-ability

     18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

     18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Third party rights

     19.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

     19.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

Entire agreement

     20.1 Subject to Section 13.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Law and jurisdiction

     21.1 These terms and conditions shall be governed by and construed in accordance with [Scottish law].

Statutory and regulatory disclosures

     22.1 We are registered in Scotland; you can find the online version of the register at https://www.gov.uk, and our registration number is SC599549.

Our details

     23.1 This website is owned and operated by Ayrshire IT Ltd.

     23.2 We are registered in Scotland under registration number SC599549, and our registered office is at 22 West Crescent, Troon, KA10 7BJ.

     23.3 Our principal place of business is at 22 West Cresecent, Troon, KA10 7BJ.

     23.4 You can contact us:

          (a). by post, using the postal address [given above]
          (b). using our website contact form
          (c). by telephone, on 01292 427475
          (d). by email, using contact@ayrshireit.com.

>