In these Website Terms:
- “we“, “us” or “our” means OPTIMA PARTNERS LIMITED, a company registered in Scotland under company number: SC443891 with our registered office is at: Azets Exchange Place 3, Semple Street, Edinburgh, Midlothian, Scotland, EH3 8BL; and
- “you” or “your” means the person using our site.
1.1 These Terms refer to the following additional terms, which also apply to your use of our site:
2. CHANGES TO THESE TERMS
2.1 We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand and agree to the Terms that apply at that time.
3. CHANGES TO OUR SITE
3.1 We may update and change our site from time to time to reflect changes to our services and our business priorities.
4. SUSPENDING AND WITHDRAWING OUR SITE
4.1 Our site is made available free of charge for your personal and non-commercial use only. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of our site.
4.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.
4.3 We may suspend or withdraw or restrict the availability of all or any part of our site for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. TRANSFER OF THESE TERMS TO A THIRD PARTY
5.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens (by email) and we will ensure that the transfer will not affect your rights under the Terms.
6. USE OF OUR SITE WITHIN THE UK
6.1 Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is available or appropriate for use or available in other locations outside of the United Kingdom.
6.2 If you choose to access the site from locations outside of the United Kingdom, you acknowledge that you do so through your own initiative and that you are responsible for compliance with any local laws that may be relevant to your use of the site.
7. ACCOUNT SECURITY
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by national and international copyright laws and regulations. All such rights are reserved – this means, for example, that as between us and you, we remain owners or licensors of all such rights.
8.2 You may print off, and may download extracts, of any page(s) from our site for your personal use.
8.3 You must not modify 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.
8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
8.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
8.6 If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. ACCEPTABLE USE
9.1 It is not acceptable to use our site:
9.1.1 in any way that breaches any applicable local, national or international law or regulation;
9.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
9.1.3 for the purpose of harming or attempting to harm minors in any way;
9.1.4 to bully, insult, intimidate or humiliate any person;
9.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
9.1.6 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 affect the operation of any computer software or hardware; or
9.1.7 to upload terrorist content.
9.2 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
9.2.1 any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; or
9.2.2 any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
9.3 Clause 9.2 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
10. RELIANCE ON INFORMATION ON THIS SITE
10.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
10.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date or suitable for any particular purpose.
11. THIRD PARTY WEBSITES
11.1 Where our site contains hyperlinks or references to other sites and resources provided by third parties, these hyperlinks and references are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
11.2 We have no control over the contents of those sites or resources and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site and is at your own risk.
12. USER-GENERATED CONTENT
12.1 This website may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
13. HOW TO COMPLAIN ABOUT OR REPORT CONTENT
13.1 If you wish to complain about or report any material or content on our site, please contact us immediately on [email protected].
14. LOSS OR DAMAGE SUFFERED BY YOU
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
14.2 If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
14.3 We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising directly or indirectly from your use of the site.
15. YOUR PERSONAL INFORMATION
15.2 Please note your content (not including payment information) may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements applicable to the connection of networks or devices.
16.1 We do not guarantee that our site will be secure or free from bugs or viruses.
16.2 You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
16.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 our site will cease immediately.
17. LINKING TO OUR SITE
17.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.3 You must not establish a link to our site in any website that is not owned by you.
17.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
17.5 We reserve the right to withdraw linking permission without notice.
17.6 The website in which you are linking must comply in all respects with our acceptable use requirements. If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected].
18. OUR TRADE MARKS
18.1 You are not permitted to use any trade mark or brand image that is included on the site.
19. THIRD PARTY RIGHTS
19.1 No one other than a party to these Website Terms has any right to enforce any term of these Website Terms.
20. EVENTS BEYOND OUR CONTROL
20.1 We are not liable to you if we fail to comply with these Website Terms because of circumstances beyond our reasonable control.
21. GOVERNING LAW
21.1 The laws of Scotland apply to these Website Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
21.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of Scotland. This means that you can choose whether to bring a claim in the courts of Scotland, or in the courts of another part of the United Kingdom in which you live.