Angus McDonald

Angus-McDonald.com terms of use

1. Overview
1.1 This agreement describes all the terms and conditions that shall govern your use of this website.
1.2 Before you become a user of our website, you must read, agree with and be accepting of all the terms and conditions that are contained in this our agreement and our policies, including those set out in our Privacy Policy (Policies). You agree that these Policies, which are subject to change from time to time, all form part of this agreement. These terms, conditions and Policies are then referred to collectively as Website Terms. By accepting this agreement you agree to be bound at all times by all the Website Terms.
1.3 We may, at our sole discretion, vary or modify and update the Website Terms from time to time. The amended/updated Website Terms will be posted here on this website. Any subsequent access you have to, or use by you, of our website will constitute your acceptance of these new Website Terms as they will then appear at that time.
1.4 Except as specifically permitted by us under the terms of this agreement, our Website Terms cannot be amended, except in writing signed by you and us.
General terms and conditions
The following are general terms and conditions that apply to all users of this website.
2. Your obligations are:
2.1 You must not:
(i) use our website for any activities that breach any laws or regulations or will infringe any third party rights;
(ii) use our website to send any spam or send any unsolicited electronic mail messages to anyone;
(iii) use our website for fraud or any other misleading or deceptive conduct;
(iv) use any personal information of any other person in order to access or use our website;
(v) tamper with, hinder our operation of or make unauthorized modifications to our website; or
(vi) transmit any bug, virus, Trojan or other disabling feature to or through our website.
2.2 You must not post any content or post information on our website which is or is likely to be:
(i) considered abusive, obscene, offensive, pornographic or indecent;
(ii) considered defamatory of any person;
(iii) in breach of the intellectual property rights or the moral rights of any person;
(iv) in breach of any obligations of privacy or anyone’s confidence;
(v) harassing, insulting or vilifying of any person, including such actions based on race, religion, sexual orientation, gender, age or disability;
(vi) in breach of any laws; or
(vii) false, misleading or deceptive in your conduct.
2.3 You indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs and expenses that may arise out of or are in any way connected to your use of our website.
3. Information and content of our website
3.1The content and format of our website may be changed by us at any time, without notice and at our absolute discretion.
3.2 Our website includes information and content that is provided by third parties (Third Party Information). We do not verify any such Third Party Information, which may not be complete, timely or accurate for your purposes. Please note that we cannot make any representation or warranty of any kind as to its accuracy, timeliness or completeness of the Third Party Information, nor do we endorse any Third Party Information.
3.3 Our website does include information and content developed by us (Our Information). You also acknowledge and agree that:
(i) Our Information is only intended to provide you with a summary of the relevant subject matter and the brevity of Our Information could lead to misinterpretation;
(ii) whilst we use all reasonable endeavours to ensure that all of Our Information is up to date, you acknowledge that this is not always possible due to the fast moving nature of today’s internet technology; and
(iii) Our Information may therefore include certain errors, omissions or outdated information from time to time.
3.4 You should not only rely on Our Information as your exclusive, only or primary source of information. It is important that you should not use Our Information to replace advice that is given by a qualified professional. To the extent permitted by law, we do not and cannot always warrant the accuracy or timeliness of Our Information and therefore no responsibility can be accepted for those who act on Our Information without them first consulting us and obtaining specific advice.
4. Security, viruses and linking
4.1 We do not guarantee the security of our website. We do not warrant that your access to our website will be uninterrupted or error free, that defects will be corrected, or that our website or the server that makes it available to you are free of viruses, Trojans or bugs. You also acknowledge that it is your responsibility to always implement sufficient procedures and virus checks to satisfy your own requirements.
4.2 Should you leave our site via a third party link, you acknowledge that:
(i) you will do so at your own risk;
(ii) any content to which you then link will not have been produced, checked for accuracy, or otherwise reviewed by us; and
(iii) this link does not represent our endorsement by of its products or services offered on the linked site.
5. Intellectual property
5.1 All intellectual property rights in our website, including any information, software and tools that you accessed via our website, will remain vested in us.
5.2 You may not copy, reproduce, modify, reverse engineer, disassemble, decompile, transmit or communicate to the public our website, or any information, software and tools accessed via our website.
6. Confidentiality and privacy
6.1 Any communication or material that you sent to our website by electronic mail or otherwise, including any data, questions, comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in any applicable privacy laws.
6.2 We respect your privacy. Our Privacy Policy applies to any personal information collected by us from users of our website.
7. Our liability
7.1 Subject to any applicable law:
(i) we give no warranties to anyone, and you have no other rights, apart from those, if any, that are expressly set out in these Website Terms; and
(ii) all implied conditions, warranties and rights are excluded.
7.2 Without in anyway limiting paragraph 7.1, to the extent permitted by law, we do not give you any warranty of reliability, quality, and fitness for purpose, merchantability or accuracy nor accept any responsibility arising in connection with any errors in, or omissions from, the information, software or tools provided on or by our website.
7.3 Where any condition, warranty or right is implied by law and cannot be excluded, we limit our liability for breach of that implied condition, warranty or right:
(i) in connection with the supply of goods, to any one or more of the following, as we may determine; the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and
(ii) in connection with the supply of services, to one of the following, as we may determine; the supplying of the services again or the payment of the costs of having the services supplied again.
7.4 Subject to paragraphs 7.1 and 7.3, we are not liable to you in contract, tort (including negligence), under any statute or otherwise for, or in respect of, any:
(i) indirect or consequential loss or damage; or
(ii) loss of profits, sales, turnover, reputation, production, anticipated savings, goodwill, business opportunities, customers, software or data, whether of a direct, indirect or consequential nature,
suffered by you or any other person and arising out of any breach or other act or omission in connection with our Website Terms.
7.5 Subject to this paragraph 7, our total and aggregate liability in contract, tort (including negligence), under statute or otherwise for, or in respect of, any direct loss or damage arising out of any breach or other act or omission in connection with our Website Terms will not exceed the total amount paid by you for use of our website.
7.6 You acknowledge that we have engaged a third party to manage this website on our behalf (Third Party Website Manager) and to the fullest extent permitted by law, you must no make any claim or commence any proceeding against that Third Party Website Manager in connection with your use of our website.
8. Miscellaneous
8.1 Our Website Terms record the entire agreement between you and us and hereby supersede all previous negotiations, understandings, representations and agreements in relation to the subject matter of our Website Terms.
8.2 If any part of our Website Terms is for any reason unenforceable, that part must be read down to the extent necessary to preserve its operation. If it cannot be read down, it must be severed.
8.3 Any failure or delay by us to exercise or enforce our Website Terms does not waive our rights to enforce our Website Terms.
8.4 If you have any questions or feedback about our website or our Website Terms, please contact us via the Contact page.
8.5 In these Website Terms, ‘we’, ‘us’ refers to Angus-McDonald.com
© Angus-McDonald.com 2010. All rights reserved.
Last updated: 14/07/2010