WEBSITE USER POLICY
VERSION 1.2 – APPLICABLE from 24/12/2022
BACKGROUND:
This Website User Policy (‘Policy’), together with any
and all other documents referred to herein, set out the terms of use under
which you may use this website, www.albacampers.co.uk (“Our Site”), which is owned and controlled by Halley & McKenzie Ltd.
Please read this Policy carefully and ensure that you
understand them. Your agreement to
comply with and be bound by this Policy is deemed to occur upon your first use
of Our Site. If you do not agree to
comply with and be bound by this Policy, you must stop using Our Site
immediately.
1. Definitions and Interpretation
1.1 In this Policy, unless the context otherwise
requires, the following expressions have the following meanings:
“Content” | means
any and all text, images, audio, video, scripts, code, software, databases
and any other form of information capable of being stored on a computer that
appears on, or forms part of, Our Site; and |
“We/Us/Our” | means HALLEY
& MCKENZIE LTD, a company registered in Scotland under Company
Registration Number SC597843, of registered office 113 St. Johns Road,
Edinburgh, Scotland, EH12 7SB. |
2. Information About Us
Our Site, www.albacampers.co.uk,
is owned and operated by Halley & McKenzie Ltd.
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all
arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an
“as available” basis. We may alter,
suspend or discontinue Our Site (or any part of it) at any time and without
notice. We will not be liable to you in
any way if Our Site (or any part of it) is unavailable at any time and for any
period.
4. Intellectual Property Rights
4.1 With the exception of clause 4.7 below, all
Content included on Our Site and the copyright and other intellectual property
rights subsisting in that Content, unless specifically labelled otherwise, belongs
to or has been licensed by Us. All
Content is protected by applicable United Kingdom and international
intellectual property laws and treaties.
4.2 Subject to sub-clauses 4.3 and 4.6 you may not
reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other
manner re-use Content from Our Site unless given express written permission to
do so by Us.
4.3 You may:
4.3.1 Access,
view and use Our Site in a web browser (including any web browsing capability
built into other types of software or app);
4.3.2 Download
Our Site (or any part of it) for caching;
4.3.3 Print
one copy of any pages from Our Site;
4.3.4 Download
extracts from pages on Our Site; and
4.3.5 Save
pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content
on Our Site (or that of identified licensors, as appropriate) must always be
acknowledged.
4.5 You may not use any Content saved or downloaded
from Our Site for commercial purposes without first obtaining a licence from Us
(or our licensors, as appropriate) to do so. This does not prohibit the normal access,
viewing and use of Our Site for general information purposes whether by
business users or consumers.
4.6 Nothing in this Policy limits or excludes the
provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts
Permitted in Relation to Copyright Works’, covering in particular the making of
temporary copies; research and private study; the making of copies for text and
data analysis for non-commercial research; criticism, review, quotation and
news reporting; caricature, parody or pastiche; and the incidental inclusion of
copyright material.
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You
do so in a fair and legal manner;
5.1.2 You
do not do so in a manner that suggests any form of association, endorsement or
approval on Our part where none exists;
5.1.3 You
do not use any logos or trade marks displayed on Our Site without Our express
written permission; and
5.1.4 You
do not do so in a way that is calculated to damage Our reputation or to take
unfair advantage of it.
5.2 You may
not link to any page other than the homepage of Our Site, www.albacampers.co.uk.
Deep-linking to other pages requires Our express written permission.
5.3 Framing or embedding of Our Site on other websites
is not permitted without Our express written permission. Please contact Us at info@albacampers.co.uk for further information.
5.4 You may not link to Our Site from any other site
the main content of which contains material that:
5.4.1 is
sexually explicit;
5.4.2 is
obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 promotes
violence;
5.4.4 promotes
or assists in any form of unlawful activity;
5.4.5 discriminates
against, or is in any way defamatory of, any person, group or class of persons,
race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 is
intended or is otherwise likely to threaten, harass, annoy, alarm,
inconvenience, upset, or embarrass another person;
5.4.7 is
calculated or is otherwise likely to deceive another person;
5.4.8 is
intended or otherwise likely to infringe (or threaten to infringe) another
person’s right to privacy;
5.4.9 misleadingly
impersonates any person or otherwise misrepresents the identity or affiliation
of a particular person in a way that is calculated to deceive (obvious parodies
are not included in this definition provided that they do not fall within any
of the other provisions of this sub-Clause 5.4);
5.4.10 implies
any form of affiliation with Us where none exists;
5.4.11 infringes,
or assists in the infringement of, the intellectual property rights (including,
but not limited to, copyright, trade marks and database rights) of any other
party; or
5.4.12 is
made in breach of any legal duty owed to a third party including, but not
limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do
not apply to content submitted to sites by other users provided that the primary
purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from
posting links on general-purpose social networking sites merely because another
user may post such content. You are,
however, prohibited from posting links on websites which focus on or encourage
the submission of such content from users.
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not
under Our control. We neither assume nor
accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our
Site is for information only and does not imply any endorsement of the sites
themselves or of those in control of them.
7. Disclaimers
7.1 Nothing on Our Site constitutes advice on which
you should rely. It is provided for
general information purposes only. Professional
or specialist advice should always be sought about your particular
circumstances before taking any action.
7.2 Insofar as is permitted by law, We make no
representation, warranty, or guarantee that Our Site will meet your
requirements, that it will not infringe the rights of third parties, that it will
be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the
Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations,
warranties or guarantees (whether express or implied) that the Content is
complete, accurate, or up-to-date.
8. Our Liability
8.1 To the fullest extent permissible by law, We
accept no liability to any user for any loss or damage, whether foreseeable or
otherwise, in contract, tort (including negligence), for breach of statutory
duty, or otherwise, arising out of or in connection with the use of (or
inability to use) Our Site or the use of or reliance upon any Content included
on Our Site.
8.2 To the fullest extent permissible by law, We
exclude all representations, warranties, and guarantees (whether express or
implied) that may apply to Our Site or any Content included on Our Site.
8.3 Our Site is intended for non-commercial use only. If you are a business user, We accept no
liability for loss of profits, sales, business or revenue; loss of business
opportunity, goodwill or reputation; loss of anticipated savings; business
interruption; or for any indirect or consequential loss or damage.
8.4 We exercise all reasonable skill and care to
ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage
resulting from a virus or other malware, a distributed denial of service
attack, or other harmful material or event that may adversely affect your
hardware, software, data or other material that occurs as a result of your use
of Our Site (including the downloading of any Content from it) or any other
site referred to on Our Site.
8.5 We neither assume nor accept responsibility or
liability arising out of any disruption or non-availability of Our Site
resulting from external causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, natural
events, acts of war, or legal restrictions and censorship.
8.6 Nothing in this Policy excludes or restricts Our
liability for fraud or fraudulent misrepresentation, for death or personal
injury resulting from negligence, or for any other forms of liability which
cannot be excluded or restricted by law.
For full details of consumers’ legal rights, including those relating to
digital content, please contact your local Citizens’ Advice Bureau or Trading
Standards Office.
9. Viruses, Malware and Security
9.1 We exercise all reasonable skill and care to
ensure that Our Site is secure and free from viruses and other malware.
9.2 You are responsible for protecting your hardware,
software, data and other material from viruses, malware, and other internet
security risks.
9.3 You must not deliberately introduce viruses or
other malware, or any other material which is malicious or technologically
harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access
to any part of Our Site, the server on which Our Site is stored, or any other
server, computer, or database connected to Our Site.
9.5 You must not attack Our Site by means of a
denial of service attack, a distributed denial of service attack, or by any other
means.
9.6 By breaching the provisions of sub-Clauses 9.3
to 9.5 you may be committing a criminal offence under the Computer Misuse Act
1990. Any and all such breaches will be
reported to the relevant law enforcement authorities and We will cooperate
fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately
in the event of such a breach.
10. Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is
lawful. Specifically:
10.1.1 you
must ensure that you comply fully with any and all local, national or
international laws and/or regulations;
10.1.2 you
must not use Our Site in any way, or for any purpose, that is unlawful or
fraudulent;
10.1.3 you
must not use Our Site to knowingly send, upload, or in any other way transmit
data that contains any form of virus or other malware, or any other code
designed to adversely affect computer hardware, software, or data of any kind;
and
10.1.4 you
must not use Our Site in any way, or for any purpose, that is intended to harm
any person or persons in any way.
10.2 We reserve the right to suspend or terminate
your access to Our Site if you materially breach the provisions of this Clause
10 or any of the other provisions of this Policy. Specifically, We may take one or more of the
following actions:
10.2.1 suspend,
whether temporarily or permanently, your right to access Our Site;
10.2.2 issue
you with a written warning;
10.2.3 take
legal proceedings against you for reimbursement of any and all relevant costs
on an indemnity basis resulting from your breach;
10.2.4 take
further legal action against you as appropriate;
10.2.5 disclose
such information to law enforcement authorities as required or as We deem
reasonably necessary; and/or
10.2.6 any
other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising
out of any actions (including, but not limited to those set out above) that We may
take in response to breaches of this Policy.
11. Privacy and Cookies
Use of Our Site is also governed by Our Privacy & Cookie Policy.
12. Changes to this Policy
12.1 We may alter this Policy at any time. If We do so, details of the changes will be
highlighted at the top of this page. Any
such changes will become binding on you upon your first use of Our Site after
the changes have been implemented. You
are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current
version of this Policy and any previous version(s), the provisions current and
in effect shall prevail unless it is expressly stated otherwise.
13. Contacting Us
To contact Us, please email Us at info@albacampers.co.uk or using any of the methods provided on Our contact page on this website.
14. Communications from Us
14.1 If We have your contact details, We may from
time to time send you important notices by email. Such notices may relate to matters including,
but not limited to, service changes and changes to this Policy.
14.2 We will never send you marketing emails of any
kind without your consent. If you do
give such consent, you may opt out at any time.
Any and all marketing emails sent by Us include an unsubscribe
link. If you opt out of receiving emails
from Us at any time, it may take up to fourteen (14) days business days for Us
to comply with your request. During that
time, you may continue to receive emails from Us.
14.3 For questions or complaints about communications
from Us (including, but not limited to marketing emails), please contact Us at info@albacampers.co.uk or via Our contact page on this website.
15. Data Protection
15.1 All personal information that We may use will be
collected, processed, and held in accordance with the provisions of EU
Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights
under the GDPR.
15.2 For complete details of Our collection, processing,
storage, and retention of personal data including, but not limited to, the
purpose(s) for which personal data is used, the legal basis or bases for using
it, details of your rights and how to exercise them, and personal data sharing
(where applicable), please refer to Our Privacy
& Cookie Policy.
16. Law and Jurisdiction
16.1 This Policy, and the relationship between you
and Us (whether contractual or otherwise) shall be governed by, and construed
in accordance with Scots law.
16.2 If you are a consumer, you will benefit from any
mandatory provisions of the law in your country of residence. Nothing in sub-clause
16.1 above takes away or reduces your rights as a consumer to rely on those
provisions.
16.3 If you are a consumer, any dispute, controversy,
proceedings or claim between you and Us relating to this Policy, or the
relationship between you and Us (whether contractual or otherwise) shall be
subject to the exclusive jurisdiction of the courts of Scotland.
16.4 If you are a business, any disputes concerning this
Policy, the relationship between you and Us, or any matters arising therefrom
or associated therewith (whether contractual or otherwise) shall be subject to
the exclusive jurisdiction of the courts of Scotland.