WEBSITE TERMS AND CONDITIONS OF USE
1.1 Welcome to thirteen:fourteen located at thirteenfourteen.co.uk (“Site”), which is operated by Emma Frew (“we”, “our” or “us”, as applicable).
1.2 These terms and conditions (“Terms”) apply to all Site users (“Visitors”).
1.3 Please read these Terms and the related policies carefully before you start to use the Site, as these will apply to your use of the Site.
1.4 By using our Site, you confirm that you accept these Terms and that you agree to comply with them.
2 Accessing and using the Site
2.1 Anyone can access this Site using their web browser and internet connection.
2.2 We try to make the Site available at all times, but, of course, due to the inherent nature of online and internet based services, we cannot guarantee this.
4 Reliance on information posted
The information, commentary and other materials posted on the Site contain opinions and indicators, and are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5 Promises, liability and disclaimer
5.1 The Site is provided on an "as is" and “information only” basis. we, other members of our group of companies and third parties connected to us hereby expressly exclude:
5.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
5.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any Visitor in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites 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, even if foreseeable.
5.2 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.
6.1 You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
7 Our content
7.1 All of the content on the Site is owned by (and all copyright, trade mark and other intellectual property rights in that content, shall at all times remain vested in) us or our licensors and is protected by UK and international copyright and other intellectual property laws.
7.2 Our content includes any information or other material found on or via the Site, including without limitation text, databases, graphics, videos, software and all other features found on or via the Site.
7.3 We make the Site and our content available through the Site for your personal, non-commercial use only. You may view the Site’s pages and content online. You may not otherwise reproduce, modify, copy or distribute or use any of the content on the Site, including any downloadable Products that you purchase from us, other than as expressly permitted under these Terms without our prior written consent.
8 Links from our site
8.1 Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8.2 Some of the links featured on the Site are affiliate links. This means that our affiliates can identify that you clicked through from our Site and we may get commission if you decide to purchase anything from the affiliated companies.
9 General prohibitions on access and use of the Site
9.1 You may use the Site only for lawful purposes. You may not use the 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; or
9.1.4 to knowingly transmit, send or upload any data or other 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.
9.2 You also agree:
9.2.1 not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms;
9.2.2 not to access without authority, interfere with, damage or disrupt:
a) any part of the Site;
b) any equipment or network on which the Site is stored;
c) any software used in the provision of the Site; or
d) any equipment or network or software owned or used by any third party.
9.3 You shall not carry out data mining, screen scraping or crawling of the Site, its pages or its content or use any process or processes that send automated queries to this Site unless you have obtained our prior written consent.
10.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms.
10.2 Reliance on these Terms. We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.
10.3 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
10.4 Exclusion of third party rights. These Terms do not create any right enforceable by any person who is not a party to them (or any contract made under them), except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
10.5 Governing law and jurisdiction. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the law of Scotland. Any disputes or claims arising shall be subject to the non-exclusive jurisdiction of the courts of Scotland.