These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Data Scotland) form a binding agreement (the "Agreement") between you and Data Scotland.
The following definitions apply to this Agreement:
"Data Scotland" or "Data Scotland Web Site" or the "Site" means https://www.datascotland.com/ in its entirety including its content and Services as applicable in the context.
"Services" means any services on the Site.
"User" refers to any individual or entity that uses any aspect of the Site.
"You" and "you" means the person (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
- Data Scotland will use all reasonable efforts to ensure that the Site is free from viruses and that no person obtains unauthorised access to or use of any personal information. Data Scotland cannot guarantee that these efforts will be entirely successful all of the time. Thus, Data Scotland excludes liability for any loss or damage that may occur to a User as a result of Data Scotland's reasonable efforts not being successful.
- You will use the Site and Services for lawful purposes only.
- Data Scotland will not be responsible or liable for any loss, consequence, or damage resulting directly or indirectly from reliance on the accuracy, reliability, or timeliness of the information contained on this web site.
- Every attempt is made to ensure the information placed on this web site is accurate and timely, however, information is presented "as is". Any person or entity who relies on information obtained from this web site does so at the person's or entity's own risk. The User assumes the risk of verifying any materials used or relied upon.
- Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such User or logging into a server or account which the User is not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Data Scotland will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Other than as expressly provided for in these Terms and Conditions, the Site is provided on an "as is" basis without any additional warranties of any kind. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site/Services or in connection with the use, inability to use, or results of the use of our Site/Services, any website(s) linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
- In no event shall Data Scotland be liable for any special, incidental, indirect, punitive or consequential damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this Site or the materials therein or resulting from unauthorised access to or alteration of data.
- We aim to update our Site regularly, and may change the content at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
- Through this website you are able to link to other websites which are not under the control of Data Scotland. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Every effort will be made to keep the Site up and running smoothly. However, Data Scotland takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
- These Terms and Conditions are governed by English law and you agree that the English courts shall have exclusive jurisdiction to determine any matter or dispute arising out of or in connection with use of this Site.