27 July 2017 | House icon Home Padlock icon Login Envelope icon Email

Disclaimer

TERMS AND CONDITIONS OF WEBSITE USE

These terms and conditions (the “Terms and Conditions”) apply to the entire content of the website, www.therestaurantagency.com (the “Site”) and tell you how you may use the Site. Please read the Terms and Conditions carefully before using the Site. By using the Site, you indicate that you accept the Terms and Conditions and that you agree to abide by them. If you do not agree to the Terms and Conditions, please refrain from using the Site.

INFORMATION ABOUT US

The Site is operated by The Restaurant Agency Limited ("We" or “Us”). We are registered in Scotland as a limited company under company number SC376245 and have our registered office at Caledonian Exchange, 19A Canning Street, Edinburgh, EH3 8HE.

ACCESS AND CONTENT

Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of the Terms and Conditions, and that they comply with them.

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it.

You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference and you may draw the attention of others within your organisation to material posted on the Site.

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.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

All other rights which are not specifically granted are reserved.

DISCLAIMER

Whilst reasonable care is taken to ensure that the information contained on the Site is accurate and as up to date as possible, we cannot guarantee its accuracy or confirm that it is completely up to date.

We provide the Site for general information only and on an "as is" basis and we make no representations or warranties of any kind with respect to the Site or any material or content contained on it (including any text, graphics, advertisements, measurements, links or other item) including, but not limited to, any sales particulars, property information or guides and financial information made available on the Site. We therefore disclaim all such liability and responsibility arising from any reliance placed on such material or opinion by any user of the Site, or by anyone who may be informed of any of its content.

Please note that we do not carry out surveys or any testing of services, dimensions, appliances or fittings in the properties displayed on the Site and we advise users of the Site to carry out their own investigations in order to satisfy themselves in this regard. We also do not provide financial advice and nothing on the Site should be construed or regarded as such. Any financial information is provided for information purposes only and should be verified by you.

We recommend you seek relevant independent professional advice regarding any interest you may have in relation to any of the properties displayed on the Site.

OUR LIABILITY

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we and third parties connected to us, hereby expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by applicable law;
  • any liability for any direct, indirect or consequential loss or damage (even if foreseeable) incurred by any user 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:
    • 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
    whether caused by delict (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.

PRIVACY POLICY

We process information about you in accordance with our privacy policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the 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 the Site will cease immediately.

We make no guarantees that the Site is free from viruses and strongly recommend that you check for such viruses before down-loading it or its content. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO THE SITE

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, but 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.

You must not establish a link from any website that is not owned by you.

The site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. We reserve the right to withdraw linking permission without notice.

LINKS FROM OUR SITE

Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only and do not imply any endorsement or approval by us of the materials on such websites or contained in such resources. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.

VARIATIONS

We may revise the Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in the Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Site.

CONTACT US

If you have any concerns about material which appears on the Site or wish to contact us for any other reason, please contact alan@therestaurantagency.com