1 Terms and Conditions of Website
Use
1.1 This page
(together with the documents referred to on it) provides the terms
and conditions upon which you may make use of the website made
available and operated at www.entrepreneurial-spark.com ("our
site").
1.2 Please read
these terms and conditions of website use carefully before you
start to use our site. These terms and conditions are a
legally binging document and create binding obligations upon
you.
1.3 By using our
site, you accept these terms and conditions of website use and
agree to abide by them. If you do not agree to these terms and
conditions of website use, please do not use our site.
2 Information about
us
2.1 Our site
is made available and operated by Entrepreneurial-Spark Limited
("we", "our", "us") and by other persons acting on our
behalf.
2.2 We are a
company registered in Scotland with company number SC395586, whose
registered office is c/o RSM Tenon Limited, 48 St. Vincent Street,
Glasgow, G2 5TS.
3 Access
3.1 Our site is a
place for you to ascertain general information concerning the
services we offer.
3.2 Access to our
site is permitted on a temporary basis, and we reserve the right to
withdraw or amend the material ("Material") or the Services (as
defined in clause 5) made available upon or through it without
notice. Unless explicitly stated to the contrary the supply or
making available of any Material and Services shall be subject to
these terms and conditions.
3.3 We reserve the
right at our sole discretion to restrict access to some parts or
all of our site by persons or organisations seeking to access our
site.
3.4 You are
responsible for making all arrangements necessary for you to have
access to our site. You are responsible for ensuring that
your computer system meets all relevant technical specifications
necessary to use our site and is compatible with our site. You are
also responsible for ensuring that all persons who access our site
through any facilities provided by you or over which you have
control are aware of these terms and conditions and that they
comply with them.
3.5 We have used
reasonable endeavours to ensure that our site complies with
Scottish laws. However, we make no representations that our site or
the Material or the Services are appropriate or available for
viewing, access or use in locations outside Scotland. If you access
our site from other locations you do so at your own initiative and
are responsible for compliance with all laws applicable to such
location. If viewing, accessing or using our site or the Material
or the Services is contrary to or infringes any applicable law in
your place of access or place of residence, you are not authorised
to view, access or use our site or the Material or the Services and
you must exit immediately. If making available our site or the
Material or the Services in your place of access or place of
residence or to you (by reason of nationality, residence or
otherwise) is prohibited our site, the Material and the Services
are not made available to you. You accept that if you are resident
outside Scotland, you must satisfy yourself that you are lawfully
able to access and use our site, the Material and the Services.
3.6 WE MAKE NO
REPRESENTATIONS AND GIVE NO WARRANTIES OR GUARANTEES, EXPRESS OR
IMPLIED, THAT THE MAKING AVAILABLE OF OUR SITE OR THE MATERIAL OR
THE SERVICES IN ANY PARTICULAR TERRITORY OUTSIDE SCOTLAND IS
PERMITTED UNDER ANY NON-SCOTTISH LAWS. WE EXCLUDE ALL LIABILITY FOR
ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF
ACCESS TO OUR SITE OR THE MATERIAL OR THE SERVICES BY PERSONS WHO
ARE CITIZENS, RESIDENTS OR NATIONALS OF COUNTRIES OTHER THAN
SCOTLAND OR WHO ARE NOMINEES OF OR TRUSTEES FOR CITIZENS, RESIDENTS
OR NATIONALS OF COUNTRIES OTHER THAN SCOTLAND, WHO ARE RESTRICTED
FROM ATTEMPTING TO ACCESS OUR SITE OR THE MATERIAL OR THE
SERVICES.
4 Availability and
operation
4.1 We shall use
reasonable endeavours to ensure that our site and Services or
Material are available and that our site operates properly at all
times.
4.2 We may
suspend the availability or operation of our site or the
availability of any Services or Material on a temporary or
indefinite basis as we may in our sole discretion determine.
4.3 ALL WARRANTIES
OR GUARANTEES AS REGARDS THE AVAILABILITY OR OPERATION OF OUR SITE
AND THE AVAILABILITY OF ANY SERVICES OR MATERIAL, IN SO FAR AS THEY
MAY BE EXCLUDED AND OTHER THAN AS EXPLICITLY SPECIFIED HEREUNDER,
ARE EXCLUDED. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS
OR EXPENSES RELATING TO OR ARISING OUT OF THE AVAILABILITY OR
OPERATION (OR LACK THEREOF) OF OUR SITE AND THE AVAILABILITY OF ANY
SERVICES OR MATERIAL.
5 Services
The services we offer from time to may include,
but are not limited to provision of an area of our site to allow
you to pitch your business via a video posted to the said area on
our site (the "Services")
6 Linking to our site
6.1 You may link,
or may procure that a third party acting on your behalf links, to
the home page of our site from a website owned by you, provided
that such link is provided in a way that is fair and legal and does
not damage our reputation or take advantage of it.
6.2 You must not
establish nor procure that any third party establishes a link to
our site in such a way as to suggest any form of association,
approval or endorsement of you or any entity which you represent by
us without our explicit prior written consent.
6.3 You must not
establish nor procure that any third party establishes a link from
any website that is not owned by you.
6.4 You must not
establish nor procure that any third party establishes a link to
any page upon our site other than our home page.
6.5 You must not
frame nor procure that any third party frames our site on any other
website.
6.6 You must not
stream or aggregate content from our site within another website
nor procure that any third party undertakes such activities.
6.7 We reserve
the right to withdraw our permission to link to our site without
notice and for whatever reason as we may in our sole discretion
determine.
7 Links from our site
7.1 Where our site
contains a link to a site or resource provided by a third party (a
"Third Party Site"), such a link is provided for the purposes of
information and convenience only.
7.2 The provision
by us of a link to a Third Party Site does not represent any
endorsement or recommendation by us in respect of that Third Party
Site and does not mean that we have any association with that Third
Party Site. We have no control over the contents of Third
Party Sites.
7.3 WE EXCLUDE ALL
LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES ARISING OUT OF
ANY USE BY YOU OF OR INTERACTION BY YOU WITH THIRD PARTY
SITES.
8 Viruses, hacking and other
offences
8.1 You must
not:
8.1.1 misuse our
site by knowingly introducing viruses, trojans, worms, logic bombs
or other material which is malicious or technologically harmful
including that which may damage, detrimentally interfere with,
surreptitiously intercept or expropriate our system, data or
information;
8.1.2 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;
8.1.3 use any
robot, spider, other automatic device, or manual process to monitor
or copy our site, or use any device, software or routine to bypass
our robot exclusion headers, or interfere or attempt to interfere,
with our site;
8.1.4 use an
anonymising proxy to access our site;
8.1.5 attack our
site via a denial-of-service attack or a distributed denial-of
service attack;
8.1.6
take any action that imposes an unreasonable or disproportionately
large load on our infrastructure, or that may cause us to lose any
of the services from our service providers, including our internet
service providers; or
8.1.7
do, or omit to do, or attempt to do or omit to do, any other act or
thing which may interfere with the proper operation of our
site.
8.2 If you breach
this clause we have the right to 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.
8.3 YOU ALSO
UNDERSTAND THAT WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT ANY
MATERIAL AVAILABLE FOR DOWNLOADING FROM OUR SITE WILL BE FREE FROM
INFECTION, VIRUSES AND/OR OTHER CODE THAT HAS CONTAMINATING OR
DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND
OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS IN
THIS RESPECT. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS
OR EXPENSES RELATING TO OR ARISING OUT OF ANY DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT COMPUTER EQUIPMENT, COMPUTER PROGRAMS,
DATA OR OTHER PROPRIETARY MATERIAL DUE TO USE OF OR ACCESS TO OUR
SITE THE SERVICES OR MATERIAL, OR YOUR USE OF OR INTERACTION WITH
ANY THIRD PARTY SITE.
9 Errors
9.1 You acknowledge
that our site may not be free of errors and you agree that the
existence of any errors shall not constitute a breach of these
terms and conditions.
9.2 WE EXCLUDE ALL
LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED
RELATING TO OR ARISING OUT OF ANY ERRORS WITHIN OUR SITE.
10 Accuracy
10.1 We will do our
best to ensure that all Material is accurate. Please note though
that our site may contain inaccuracies. We make no guarantees or
warranties in respect of the accuracy of any Material. This does
not affect your rights under law. For further information upon
these rights please contact your local Citizen's Advice Bureau or a
solicitor or lawyer experienced in agreements of this nature.
10.2 The Material
is general in nature and is not intended to amount to advice on
which reliance should be placed. You undertake not to rely upon the
Material. You undertake not to provide any Material to any third
party with a view to that third party relying upon that
Material
10.3 WE EXCLUDE ALL
LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED
RELATING TO OR ARISING OUT OF ANY INACCURACIES WITHIN OR RELIANCE
PLACED UPON ANY MATERIAL.
11 Passwords
11.1 If you choose,
or you are provided with, a user identification code, login,
password or any other piece of information enabling access to our
site or any Services or Material, you must treat such information
as confidential, and you must not disclose it to any third
party.
11.2 We reserve the
right to disable any user identification code, login, password, or
any other piece of information enabling access to our site or any
Services or Material at any time, for such reason as we may in our
sole discretion determine, including without limitation if in our
opinion you have failed to comply with any of the provisions of
these terms and conditions of website use.
11.3 You must
immediately notify us if you have reason to believe any user
identification code, login, password, or any other piece of
information enabling access to our site or any Services or Material
provided by us to you has become known to any third party.
12 Our intellectual property
rights
12.1 Our
site, the Services and the Material are protected by international
copyright laws and other intellectual property rights. You
acknowledge that we are the owner or the licensee of rights
(including all intellectual property rights) in or relating to our
site, the Services and the Material. You acknowledge that any
rights to use our site, the Services and the Material granted
hereunder are licensed not transferred to you. We grant you no
rights to use our site, the Services and the Material other than in
accordance with these terms and conditions. We reserve all such
rights.
12.2 You must
not:
12.2.1 use or
copy;
12.2.2 disassemble,
decompile, reverse engineer, create derivative works based upon,
extract elements from or reorganise;
12.2.3 translate,
merge, adapt, vary, modify or make alterations to;
12.2.4 distribute
or licence rights in,
our site or any
Material or any copies thereof other than as expressly permitted
hereunder.
12.3 Our status or
that of any identified contributors as the authors of Material must
always be acknowledged. Such acknowledgement must include the
address of our site.
12.4 Other than as
explicitly specified hereunder nothing contained in these terms and
conditions should be construed as granting by implication,
estoppel, personal bar or otherwise any licence or right to use our
site, the Services or any Material (or any intellectual property
rights subsisting therein) without our express written
permission.
12.5 You must
permit us and our representatives, at all reasonable times and on
reasonable advance notice, to inspect and have access to any of
your premises at which our site is or has been used by you or with
your consent and to the computer equipment located there for the
purpose of ensuring that these terms and conditions have been
complied with.
12.6 You must not
attempt in any way to remove or circumvent any technical protection
measures applied to our site to prevent unauthorised use, copying
or misappropriation thereof or of the intellectual property rights
relating thereto, or apply, manufacture, import, distribute, sell,
let for hire, offer, expose or advertise for sale for hire or have
in your possession for private or commercial purposes, any means
whose sole reasonable purpose is to facilitate the unauthorised
removal or circumvention of such technical protection measures.
13 Your rights of use
13.1 You may print
off one copy any Material from our site for your personal study,
research or internal business purposes.
13.2 You may
copy and distribute to third parties in an electronic or paper
format extracts of Material generally and publicly made available
upon our site but only in so far as may be necessary to draw the
attention of such third parties to the availability of the Services
or Material upon our site. Our status or that of any identified
contributors as the authors of such extracts must always be
acknowledged. Such acknowledgement must include the address of our
site.
14 Complaints regarding Material or
Services
14.1 If you wish to
complain about any Material or Service, please contact us at
jim@entrepreneurial-spark.com. We will then review your
complaint. We shall in our sole discretion determine whether to
remove the Material or Service. If we decide to remove the Material
or Service, our removal shall not be an admission as to any fact or
circumstance, or be deemed to be an acceptance of your complaint.
We may or may not respond to your complaint.
14.2 Please note
that we do not moderate any forums, comments facilities, blogs,
links or other content made available upon our site by third
parties.
15 Material you submit to our
site
15.1 By submitting
material or information to or through our site you grant to us the
right without limitation and without a requirement to pay to you
any sums to use, copy, distribute, modify, adapt, create derivative
works based upon, extract elements from and reorganise such
information or material. You acknowledge that we may permit others
to exercise these rights.
15.2 By submitting
information or material to or through our site you are guaranteeing
that you have the right to grant to us the rights described in
clause 15.1. If you are not able to grant to us these rights,
please do not submit such information or material.
15.3 In
relation to any information or material submitted by you to or
through our site you waive absolutely all moral rights arising
under Chapter 4 of the Copyright, Designs and Patents Act 1988 and,
so far as is legally possible, any broadly equivalent rights you
may have in any territory of the world, in such information or
material.
15.4 You warrant
that any information or material submitted by you to or through our
site shall:
15.4.1 be accurate
(where it states facts);
15.4.2 be genuinely
held (where it states opinions);
15.4.3 comply with
the law applicable in Scotland and in any country from which it is
posted; and
15.4.4 be
relevant.
15.5
You warrant that any information or material submitted by you to or
through our site shall not:
15.5.1 be
defamatory of any person;
15.5.2 be obscene,
offensive, hateful or inflammatory;
15.5.3 promote
discrimination based on race, sex, religion, nationality,
disability, sexual orientation or age;
15.5.4 disclose the
name, address, telephone, mobile or fax number, e-mail address or
any other personal information in respect of any individual other
than where you have the express permission of that individual to
disclose such information subject to and in accordance with these
terms and conditions of website use;
15.5.5 infringe any
copyright, database right or trade mark of any other person;
15.5.6 breach any
legal duty owed to a third party, such as a contractual duty or a
duty of confidence;
15.5.7 be in
contempt of court;
15.5.8 be
likely to harass, upset, embarrass, alarm or annoy any other
person;
15.5.9
impersonate any person, or misrepresent your identity or
affiliation with any person;
15.5.10 advocate, promote, incite any third party
to commit or assist any unlawful or criminal act; or
15.5.11
contain a statement which you know or believe, or have reasonable
grounds for believing, that members of the public to whom the
statement is, or is to be, published are likely to understand as a
direct or indirect encouragement or other inducement to the
commission, preparation or instigation of acts of terrorism.
15.6 THE WARRANTIES
PROVIDED FOR IN CLAUSE 15.4 AND CLAUSE 15.5 MUST BE COMPLIED WITH
IN SPIRIT AS WELL AS TO THE LETTER. WE WILL DETERMINE, IN OUR
SOLE DISCRETION, WHETHER ANY MATERIAL SUBMITTED BY YOU THROUGH OUR
SITE BREACHES THESE WARRANTIES. YOU SHALL INDEMNIFY AND SHALL KEEP
US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL
ACTIONS, CLAIMS, LOSSES, LIABILITY, PROCEEDINGS, DAMAGES, COSTS,
EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION
AND OTHER PECUNIARY OR CONSEQUENTIAL LOSS (INCLUDING LEGAL COSTS
AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY OR
INDIRECTLY OUT OF YOUR BREACH OF THESE WARRANTIES.
15.7 Where
information or material submitted to our site in our opinion
breaches these terms and conditions of website use, we may at our
sole discretion take all or any of the following actions:
15.7.1
investigation of the identity of the person responsible for
submitting such information or material and the circumstances
surrounding the submission of such information or material, in
respect of which you undertake to provide us with confirmation of
your identity and any other information we may require in
connection therewith and to cooperate with us fully;
15.7.2 immediate,
temporary or permanent withdrawal or removal of the information or
material and/or your ability to access to our site;
15.7.3 issuing a
warning to you;
15.7.4 raising
legal proceedings against you for recovery of all costs resulting
from your breach of these terms and conditions of website use;
15.7.5 raising
further legal action against you;
15.7.6 disclosing
such information to such law enforcement authorities or relevant
third parties as we reasonably feel is necessary or as required by
law; or
15.7.7 such other
action as we reasonably deem appropriate.
15.8 WE HEREBY
EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES
RELATING TO OR ARISING OUT OF THE TAKING OF ALL AND ANY OF THE
ACTION REFERRED TO IN CLAUSE 15.7.
16 Contracts with third
parties
We are not responsible for the content of any
agreement entered into between you and any third party as a result
of contact made through our site.
17 Exclusions
17.1 The terms of
our Privacy and Cookie Policy [INSERT AS LINK] shall form part of
these terms and conditions of website use.
17.2 THESE TERMS
AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND COOKIE POLICY SET
OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT
OF OUR SITE. IN PARTICULAR, THERE ARE NO CONDITIONS,
WARRANTIES, GUARANTEES, REPRESENTATIONS OR OTHER TERMS, EXPRESS OR
IMPLIED, THAT ARE BINDING UPON US EXCEPT AS SPECIFICALLY STATED IN
THESE TERMS AND CONDITIONS OF WEBSITE USE AND OUR PRIVACY AND
COOKIE POLICY. IN SO FAR AS IS POSSIBLE WE EXCLUDE ALL CONDITIONS,
WARRANTIES, GUARANTEES, REPRESENTATIONS AND OTHER TERMS WHICH MIGHT
OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW OTHER THAN THOSE
EXPRESSLY STATED HEREUNDER.
17.3 WHERE WE
EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS OF WEBSITE USE,
SUCH EXCLUSION SHALL INCLUDE, IN SO FAR AS IS PERMITTED UNDER LAW,
ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES
INCLUDING 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, FAILURE OF TRANSMISSION,
COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR
DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION
VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND
FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND
WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT
OR OTHERWISE, EVEN IF FORESEEABLE.
17.4 THE EXCLUSIONS
OF LIABILITY HEREUNDER DO NOT AFFECT OUR LIABILITY FOR DEATH OR
PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR
FRAUDULENT MISREPRESENTATION, NOR ANY OTHER LIABILITY WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. FOR FURTHER
INFORMATION UPON LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED
UNDER APPLICABLE LAW PLEASE CONTACT YOUR LOCAL CITIZEN'S ADVICE
BUREAU OR A SOLICITOR OR LAWYER EXPERIENCED IN AGREEMENTS OF THIS
NATURE.
18 Transfer
18.1 You may not
transfer or otherwise dispose of any of your rights or obligations
arising under these terms and conditions of website use without our
prior written consent.
18.2 We may
sublicense, rent, lease, transfer, assign, charge, sub-contract or
otherwise dispose of any of our rights or obligations arising under
these terms and conditions of website use at any time.
19 Breach
19.1 If you breach
any of these terms and conditions of website use, all of your
rights under these terms and conditions of website use including
your right to use our site, the Services and the Material will
cease immediately.
19.2 If we have
reason to believe that you have breached these terms and conditions
of website use or are likely to breach these terms and conditions
of website use we may take action to protect ourselves, our service
providers and third parties from liability, including but not
limited to contacting relevant third parties and disclosing
information collected from you.
19.3 YOU ARE
RESPONSIBLE FOR ALL LOSSES, COSTS, EXPENSES, CLAIMS, DEMANDS OR
OTHER LIABILITIES (INCLUDING LEGAL FEES) INCURRED BY US, OUR
SERVICE PROVIDERS OR ANY THIRD PARTIES CAUSED BY OR ARISING FROM
YOUR BREACH OF THESE TERMS AND CONDITIONS OF WEBSITE USE. YOU SHALL
INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON
DEMAND FROM AND AGAINST ALL ACTIONS, CLAIMS, LOSSES, LIABILITY,
PROCEEDINGS, DAMAGES, COSTS, EXPENSES, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION AND OTHER LOSS (INCLUDING LEGAL
COSTS AND EXPENSES) SUFFERED OR INCURRED BY US AND ARISING DIRECTLY
OR INDIRECTLY OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OF
WEBSITE USE.
20 Circumstances beyond our control and
other parties
20.1 We will not be
liable for any failure to perform any obligation under these terms
and conditions of website use due to causes beyond our reasonable
control.
20.2 These terms
and conditions of website use do not confer any rights on any
person other than you and us.
21 Variation
21.1 We may change
the Services and / or the Material at any time.
21.2 Any
Material may be out of date at any given time, and we are under no
obligation to update any Material.
21.3 We
reserve the right to change these terms and conditions of website
use at any time by amending this page or the page upon our site
containing our Privacy and Cookie
Policy. Any such change in these terms and conditions of
website use or our Privacy and Cookie
PolicPrivacy and Cookie Policy.(as appropriate) as published on our
site. You undertake to check this page and the page
containing our Privacy and Cookie
Policy. from time to time to take notice of any changes we have
made, as they are binding on you.
21.4 Some of
the provisions contained in these terms and conditions of website
use and our Privacy and Cookie Policy.
may also be superseded by provisions or notices published elsewhere
on our site.
22 Waiver
If we fail at any time to insist upon strict
performance of any of your obligations under these terms and
conditions of website use, or if we fail to exercise any of the
rights or remedies to which we are entitled under these terms and
conditions of website use, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance
with such obligations.
23 Severability and entire
agreement
23.1 If any
term, condition or provision of these terms and conditions of
website use is determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or
provision shall be severed from the remaining terms and conditions
which will continue to be valid to the fullest extent permitted by
law.
23.2 THESE
TERMS AND CONDITIONS OF WEBSITE USE, OUR PRIVACY AND COOKIE POLICY,
TOGETHER WITH ANY PROVISIONS OR NOTICES PUBLISHED ELSEWHERE ON OUR
SITE WHICH SUPERSEDE THESE DOCUMENTS, ARE THE WHOLE AGREEMENT
BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO
THE OBLIGATIONS PROVIDED FOR IN THESE TERMS AND CONDITIONS OF
WEBSITE USE IN RELIANCE UPON ANY STATEMENT, WARRANTY OR
REPRESENTATION MADE BY US OR ANY OTHER PERSON (AND YOU IRREVOCABLY
AND UNCONDITIONALLY WAIVE ANY RIGHTS TO CLAIM DAMAGES AND/OR TO
RESCIND YOUR OBLIGATIONS HEREUNDER BY REASON OF ANY
MISREPRESENTATION (OTHER THAN A FRAUDULENT MISREPRESENTATION)) THAT
IS NOT CONTAINED IN THESE TERMS AND CONDITIONS OF WEBSITE USE OR
OUR PRIVACY AND COOKIE POLICY.
24 Notices to You
24.1 We will
communicate with you in English only. You agree that we may provide
a notice to you by posting it on our site or emailing it to the
email address provided by you to us.
24.2 With the
exception of amendments to these terms and conditions of website
use and our Privacy and Cookie Policy [INSERT AS LINK] which shall
have immediate effect following posting upon our site, such notices
shall be deemed to have been received by you on the expiry of a
period of twenty four (24) hours from the point in time they are
emailed to you.
25 Notices to us
25.1 You may only
notify us in connection with any matter arising under these terms
and conditions of website use, except where specified otherwise
under these terms and conditions of website use, by emailing us at
jim@entrepreneurial-spark.com.
25.2 Any
notification shall be deemed to have been received by us on the
expiry of a period of seventy two (72) hours. For the purposes of
determining this period all weekends and public holidays in
Scotland shall be excluded.
26 Jurisdiction and applicable
law
The interpretation, construction, effect and
enforceability of these terms and conditions of website use are
governed by Scots law, and you agree to submit to the non-exclusive
jurisdiction of the Scottish courts for the determination of
disputes related thereto.