Site 4 Inverbreakie Industrial Estate Invergordon Ross-shire IV18 0QR
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Terms and Conditions of Website Use
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 http://www.swl.uk.com/ (“ Our Site ”).
1.2		Please read these terms and conditions of use carefully before you start to use Our Site.
1.3		By using Our Site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using Our Site.
2		Information about us
2.1		Our Site is made available and operated by Safety Welding And Lifting (International) Limited of Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR (“ We ”, “ Our ”, “ Us ”) and by third parties acting on Our behalf.
2.2		We are a company registered in Scotland under company number SC147636 whose registered office is at Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR. Our VAT number is 927 3404 27.
3		Access
3.1		Our Site is a place for you to ascertain general information concerning Us and the services We offer. Our Site is also a place for you to receive services from Us.
3.2		Our Site is available only to individuals and organisations that can form legally binding contracts under applicable law. You must be over eighteen (18) years to use Our Site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave Our Site now.
3.3		Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services (“ Services ”) and the material (“ Material ”) made available upon or through it without notice. Unless explicitly stated to the contrary, any new features added to Our Site, Services or Material shall be subject to these terms and conditions.
3.4		We reserve the right at Our sole discretion to restrict access to some parts or all of Our Site by persons seeking to access Our Site.
3.5		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.
3.6		We have used reasonable endeavours to ensure that Our Site complies with Scottish laws. However, We make no representations that Our Site or the Services or Material are appropriate or available for 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 accessing Our Site, the Services or Material is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use Our Site, the Services or Material and you must exit immediately. If making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to view or use Our Site, the Services or Material.
3.7		We make no representations and give no warranties, express or implied concerning whether making Our Site, the Services or Material available in any particular jurisdiction outside Scotland is permitted under any applicable non-Scottish laws.
4		Availability and operation
4.1		We shall use reasonable endeavours to ensure that Our Site and any Services or Material are available and operate properly at all times, however We make no warranties in respect of the availability or operation of Our Site or any Services or Material.
4.2		We may suspend the availability or operation of Our Site or any Services or Material on a temporary or indefinite basis as We may in Our sole discretion determine.
4.3		All warranties as regards the availability or operation of Our Site and any Services or Material, in so far as they may be excluded and other than as explicitly specified hereunder or any terms relating to the supply of testing services entered into between you and Us (“ Service Terms ”), are excluded. We exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the availability or operation of Our Site and any Services or Material except as specified hereunder or under any Service Terms.
5		Linking to our site
5.1		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.
5.2		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.
5.3		You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
5.4		You must not establish nor procure that any third party establishes a link to any page upon Our Site other than Our home page.
5.5		You must not frame nor procure that any third party frames Our Site on any other website.
5.6		You must not stream or aggregate content from Our Site within another website nor procure that any third party undertakes such activities.
5.7		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.
6		Links from Our Site
6.1		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.
6.2		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.
6.3		We exclude all liability for any damages, loss, costs, expenses or other liability arising out of any use of or interaction with Third Party Sites.
7		Viruses, hacking and other offences
		You must not:
	7.1.1	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 ;
	7.1.2	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;
	7.1.3	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;
	7.1.4	use an anonymising proxy to access Our Site ;
	7.1.5	attack Our Site via a denial-of-service attack or a distributed denial-of service attack;
	7.1.6	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; or
	7.1.7	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.
7.2		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.
7.3		You also understand that We cannot and do not guarantee or warrant 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 for the accuracy of data input and output. We exclude all liability for any damages, loss, costs, expenses or other liability 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, any Services or Material, or the use of or interaction with any Third Party Site.
8		Reliance
8.1		We will use reasonable endeavours to ensure that all Material is accurate. You acknowledge that Our Site may contain typographical errors or other inaccuracies.
8.2		Except as explicitly stated hereunder or under any Service Terms:
	8.2.1	all Material is provided on an ‘as is' basis;
	8.2.2	the Services and Material are provided without any guarantees, conditions or warranties as to their accuracy or fitness for any particular purpose notwithstanding that We may be aware of such a purpose;
	8.2.3	the Services and Material should be construed as general in nature and not amounting to advice on which reliance should be placed.
		and you assume total responsibility and risk for your use of Our Site, the Services or Material undertake not to rely upon the Services or Material.
8.3		You undertake not to provide any information concerning any Services or Material to any third party with a view to that third party relying upon such information without our prior written consent.
8.4		If you or any third party to whom you provide any information concerning any Services or Material requires advice concerning any matter addressed within the Services or Material or any information concerning any Services or Material you undertake to seek this advice from an independent professional experienced and practising in the relevant field, and to advise any such third party to do the same.
8.5		We exclude all liability for any damages, loss, costs, expenses or other liability incurred relating to or arising out of use made or reliance placed upon any Services or Material or information concerning any Services or Material except as specified hereunder or under any Service Terms.
9		Passwords
9.1		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.
9.2		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 use or any Service Terms.
9.3		You must immediately notify Us if you have reason to believe any user identification code, password, login information or any other piece of information provided by Us to you as part of Our security procedures in relation to your use Our Site, the Services or Material have become known to any third party.
10		Intellectual property rights
10.1		Our Site, the Services and Material are protected by international copyright laws and other intellectual property rights. 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. We reserve all such rights.
10.2		Other than as explicitly specified hereunder or under any Service Terms nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use Our Site, any Services or Material without Our express written permission.
10.3		Except as explicitly specified hereunder or under any Service Terms you may print off only one copy any Material from Our Site and only for your personal study, research or internal business purposes, 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 without a requirement to register with Our Site but only in so far as may be necessary to draw the attention of such third parties to the availability of Services or Material upon Our Site.
10.4		Except as explicitly specified hereunder or under any Service Terms you must not use, copy, modify, adapt, create derivative works based upon, extract elements from or reorganise any Material or any copies thereof, use any data separately from any accompanying text and acknowledge our status or that of any identified contributors as the authors of Material, such acknowledgement including the address of Our Site.
11		Material you submit to Our Site
11.1		You grant to Us a non-exclusive, royalty free, irrevocable, perpetual licence without any form of territorial limitation to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise any material submitted by you to Our Site or utilising any Service made available upon Our Site. This licence will be capable of sub-licence. By submitting such material to Us you are warranting that you have the right to grant Us this licence. If you are not in a position to grant such a licence to Us, please do not submit such material. 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 Our use and / or the publication of material submitted by you to Our Site or utilising any Service.
11.2		In relation to any material submitted by you to Our Site or utilising any Service 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.
11.3		You warrant that any material submitted by you to Our Site or utilising any Service shall :
	11.3.1	be accurate (where it states facts);
	11.3.2	be accurate (where it states facts); • be genuinely held (where it states opinions);
	11.3.3	comply with the law applicable in Scotland and in any country from which it is posted; and
	11.3.4	be relevant
11.4		You warrant that any material submitted by you to Our Site or utilising any Service shall not :
	11.4.1	be false or fake;
	11.4.2	be defamatory of any person;
	11.4.3	be obscene, offensive, hateful or inflammatory;
	11.4.4	promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
	11.4.5	disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information subject to and in accordance with these terms and conditions of use;
	11.4.6	infringe any copyright, database right or trade mark of any other person;
	11.4.7	breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
	11.4.8	be in contempt of court;
	11.4.9	be likely to harass, upset, embarrass, alarm or annoy any other person;
	11.4.10	impersonate any person, or misrepresent your identity or affiliation with any person;
	11.4.11	give the impression that the contribution emanates from Us if this is not the case;
	11.4.12	advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
	11.4.13	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; or
	11.4.14	contain any advertising or promote any services or links to Third Party Sites.
11.5		The warranties provided for in clause 11.3 and clause 11.4 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 to Our Site or utilising any Service 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.
11.6		We have the right to monitor an material you submit to Our Site or utilising any Service and may (as appropriate) edit, reject or remove such material if We believe it does not comply with the above. In particular, We reserve the right to block incoming emails and other communications and submissions if We believe that their content is or may be inappropriate or otherwise does not comply with these terms and conditions of use.
12		Our library
12.1		Subject to your continued adherence at all times to these terms and conditions and any Service Terms, We grant to you a non-exclusive, non-transferable, revocable licence to use the certificate library facility made available upon Our Site (the “ Library ”) for your reasonable business purposes but for no other purposes whatsoever and subject always to these terms and conditions and any Service Terms. You are responsible for ensuring that all persons who access the Library through any facilities provided by you or over which you have control are aware of these terms and conditions and any Service Terms and that they comply with them.
12.2		You may make copies of any certificates relating to your business held within the Library and distribute such copies to third parties.
12.3		Except as expressly set out in these terms and conditions, any Service Terms or as permitted by applicable law, you undertake :
	12.3.1	not to copy the Library (or any part thereof);
	12.3.2	not to distribute to third parties extracts from the Library;
	12.3.3	not to translate, merge, adapt, vary or modify the Library;
	12.3.4	not to make alterations to, or modifications of, the whole or any part of the Library nor permit the Library or any part of it to be combined with, or become incorporated in, any other program or website;
	12.3.5	not to disassemble, decompile, reverse engineer or create derivative works based on nor extract the whole, or any part, of the Library nor attempt to do any such things; and
	12.3.6	not to create any library which is substantially similar to the Library; and
	12.3.7	to ensure (including through the employment of appropriate supervision) that your employees and representatives and all persons who access the Library through any facilities provided by you or over which you have control use the Library in accordance with these terms and conditions and any Service Terms.
12.4		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 the Library or is being used and to the computer equipment located there for the purpose of ensuring that you are complying with these terms and conditions and any Service Terms.
12.5		You acknowledge that all intellectual property rights in the Library throughout the world belong to Us, that rights to use the Library are licensed (not transferred) to you, and that you have no rights in or to the Library other than the right to use it in accordance with these terms and conditions and any Service Terms.
12.6		You must not attempt in any way to remove or circumvent any technical protection measures applied to the Library 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.
12.7		You acknowledge that the Library 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 or any Service Terms.
13		Exclusions
13.1		The terms of Our Privacy and Cookie Policy shall form part of the terms and conditions.
13.2		These terms and conditions and Our Privacy and Cookie Policy along with any Service Terms set out the full extent of Our obligations and liabilities in respect of Our Site. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding upon Us except as specifically stated in these terms and conditions, and Our Privacy and Cookie Policy and such Service Terms. In so far as is possible We exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute or common law other than those expressly stated hereunder.
13.3		Where We exclude liability under these terms and conditions, such exclusion shall include liability for any direct, indirect or consequential loss, damage, expense, costs, delays or other liability whatsoever, 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, 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.
13.4		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.
13.5		The exclusions of liability expressed hereunder in so far as they apply to Us shall apply to any third parties connected to Us (including Our subcontractors, servants, employees, representatives and agents).
14		Transfer
14.1		These terms and conditions are binding on you and on your successors and assignees.
14.2		You may not sublicence, rent, lease, transfer, assign, charge or otherwise dispose of any of your rights or obligations arising hereunder, without Our prior written consent.
14.3		We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of Our rights or obligations arising hereunder at any time.
15		Breach
15.1		If you breach any of these terms and conditions of use or any Service Terms, all of your rights hereunder including your right to use Our Site, the Services and Material will cease immediately and you must, at Our option, return or destroy any copies of any Material you have made.
15.2		If We have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions 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 (or which have procured the collection of) from You.
15.3		You are responsible for all losses, costs, expenses, claims, demands or other liability (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. 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 terms and conditions.
16		Force majeure
16.1		We will not be liable for any failure to perform any obligation hereunder due to causes beyond Our reasonable control.
16.2		These terms and conditions do not confer any rights on any person or party other than you and Us.
17		Variation
17.1		We may change the Services or Material at any time.
17.2		Except as provided for under any Service Terms, any Material may be out of date at any given time, and We are under no obligation to update any Material.
17.3		We reserve the right to change these terms and conditions at any time by amending this page or the page containing Our Privacy and Cookie Policy. Any such change in these terms and conditions or Our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions or Our Privacy 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.
17.4		Some of the provisions contained in these terms and conditions and Our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on Our Site.
18		Waiver
18.1		If We fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19		Severability and entire agreement
19.1		If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.2		These terms and conditions, Our Privacy and Cookie Policy, and any Service Terms, together with any provisions or notices published elsewhere on Our Site which supersede the aforementioned, are the whole agreement between you and Us. You acknowledge that you have not entered into the obligations provided for hereunder 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 the aforementioned.
20		Notices to You
20.1		We will communicate with you in English only. You agree that We may provide a notice to you hereunder by posting it on Our Site or emailing it to the email address provided by you to the email address provided by You when registering to access Our Site.
20.2		With the exception of amendments to these terms and conditions and Our Privacy and Cookie Policy 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 it is emailed to you.
21		No tices to us
21.1		You may only notify Us in connection with any matter arising under these terms and conditions by emailing Us at info@swl.uk.com.
21.2		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.
22		Jurisdiction and applicable law
22.1		The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and you agree to submit to the exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.
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Terms and Conditions of Website Use
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 http://www.swl.uk.com/ (“ Our Site ”).
1.2		Please read these terms and conditions of use carefully before you start to use Our Site.
1.3		By using Our Site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using Our Site.
2		Information about us
2.1		Our Site is made available and operated by Safety Welding And Lifting (International) Limited of Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR (“ We ”, “ Our ”, “ Us ”) and by third parties acting on Our behalf.
2.2		We are a company registered in Scotland under company number SC147636 whose registered office is at Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR. Our VAT number is 927 3404 27.
3		Access
3.1		Our Site is a place for you to ascertain general information concerning Us and the services We offer. Our Site is also a place for you to receive services from Us.
3.2		Our Site is available only to individuals and organisations that can form legally binding contracts under applicable law. You must be over eighteen (18) years to use Our Site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave Our Site now.
3.3		Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services (“ Services ”) and the material (“ Material ”) made available upon or through it without notice. Unless explicitly stated to the contrary, any new features added to Our Site, Services or Material shall be subject to these terms and conditions.
3.4		We reserve the right at Our sole discretion to restrict access to some parts or all of Our Site by persons seeking to access Our Site.
3.5		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.
3.6		We have used reasonable endeavours to ensure that Our Site complies with Scottish laws. However, We make no representations that Our Site or the Services or Material are appropriate or available for 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 accessing Our Site, the Services or Material is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use Our Site, the Services or Material and you must exit immediately. If making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to view or use Our Site, the Services or Material.
3.7		We make no representations and give no warranties, express or implied concerning whether making Our Site, the Services or Material available in any particular jurisdiction outside Scotland is permitted under any applicable non-Scottish laws.
4		Availability and operation
4.1		We shall use reasonable endeavours to ensure that Our Site and any Services or Material are available and operate properly at all times, however We make no warranties in respect of the availability or operation of Our Site or any Services or Material.
4.2		We may suspend the availability or operation of Our Site or any Services or Material on a temporary or indefinite basis as We may in Our sole discretion determine.
4.3		All warranties as regards the availability or operation of Our Site and any Services or Material, in so far as they may be excluded and other than as explicitly specified hereunder or any terms relating to the supply of testing services entered into between you and Us (“ Service Terms ”), are excluded. We exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the availability or operation of Our Site and any Services or Material except as specified hereunder or under any Service Terms.
5		Linking to our site
5.1		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.
5.2		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.
5.3		You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
5.4		You must not establish nor procure that any third party establishes a link to any page upon Our Site other than Our home page.
5.5		You must not frame nor procure that any third party frames Our Site on any other website.
5.6		You must not stream or aggregate content from Our Site within another website nor procure that any third party undertakes such activities.
5.7		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.
6		Links from Our Site
6.1		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.
6.2		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.
6.3		We exclude all liability for any damages, loss, costs, expenses or other liability arising out of any use of or interaction with Third Party Sites.
7		Viruses, hacking and other offences
		You must not:
	7.1.1	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 ;
	7.1.2	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;
	7.1.3	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;
	7.1.4	use an anonymising proxy to access Our Site ;
	7.1.5	attack Our Site via a denial-of-service attack or a distributed denial-of service attack;
	7.1.6	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; or
	7.1.7	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.
7.2		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.
7.3		You also understand that We cannot and do not guarantee or warrant 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 for the accuracy of data input and output. We exclude all liability for any damages, loss, costs, expenses or other liability 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, any Services or Material, or the use of or interaction with any Third Party Site.
8		Reliance
8.1		We will use reasonable endeavours to ensure that all Material is accurate. You acknowledge that Our Site may contain typographical errors or other inaccuracies.
8.2		Except as explicitly stated hereunder or under any Service Terms:
	8.2.1	all Material is provided on an ‘as is' basis;
	8.2.2	the Services and Material are provided without any guarantees, conditions or warranties as to their accuracy or fitness for any particular purpose notwithstanding that We may be aware of such a purpose;
	8.2.3	the Services and Material should be construed as general in nature and not amounting to advice on which reliance should be placed.
		and you assume total responsibility and risk for your use of Our Site, the Services or Material undertake not to rely upon the Services or Material.
8.3		You undertake not to provide any information concerning any Services or Material to any third party with a view to that third party relying upon such information without our prior written consent.
8.4		If you or any third party to whom you provide any information concerning any Services or Material requires advice concerning any matter addressed within the Services or Material or any information concerning any Services or Material you undertake to seek this advice from an independent professional experienced and practising in the relevant field, and to advise any such third party to do the same.
8.5		We exclude all liability for any damages, loss, costs, expenses or other liability incurred relating to or arising out of use made or reliance placed upon any Services or Material or information concerning any Services or Material except as specified hereunder or under any Service Terms.
9		Passwords
9.1		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.
9.2		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 use or any Service Terms.
9.3		You must immediately notify Us if you have reason to believe any user identification code, password, login information or any other piece of information provided by Us to you as part of Our security procedures in relation to your use Our Site, the Services or Material have become known to any third party.
10		Intellectual property rights
10.1		Our Site, the Services and Material are protected by international copyright laws and other intellectual property rights. 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. We reserve all such rights.
10.2		Other than as explicitly specified hereunder or under any Service Terms nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use Our Site, any Services or Material without Our express written permission.
10.3		Except as explicitly specified hereunder or under any Service Terms you may print off only one copy any Material from Our Site and only for your personal study, research or internal business purposes, 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 without a requirement to register with Our Site but only in so far as may be necessary to draw the attention of such third parties to the availability of Services or Material upon Our Site.
10.4		Except as explicitly specified hereunder or under any Service Terms you must not use, copy, modify, adapt, create derivative works based upon, extract elements from or reorganise any Material or any copies thereof, use any data separately from any accompanying text and acknowledge our status or that of any identified contributors as the authors of Material, such acknowledgement including the address of Our Site.
11		Material you submit to Our Site
11.1		You grant to Us a non-exclusive, royalty free, irrevocable, perpetual licence without any form of territorial limitation to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise any material submitted by you to Our Site or utilising any Service made available upon Our Site. This licence will be capable of sub-licence. By submitting such material to Us you are warranting that you have the right to grant Us this licence. If you are not in a position to grant such a licence to Us, please do not submit such material. 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 Our use and / or the publication of material submitted by you to Our Site or utilising any Service.
11.2		In relation to any material submitted by you to Our Site or utilising any Service 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.
11.3		You warrant that any material submitted by you to Our Site or utilising any Service shall :
	11.3.1	be accurate (where it states facts);
	11.3.2	be accurate (where it states facts); • be genuinely held (where it states opinions);
	11.3.3	comply with the law applicable in Scotland and in any country from which it is posted; and
	11.3.4	be relevant
11.4		You warrant that any material submitted by you to Our Site or utilising any Service shall not :
	11.4.1	be false or fake;
	11.4.2	be defamatory of any person;
	11.4.3	be obscene, offensive, hateful or inflammatory;
	11.4.4	promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
	11.4.5	disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information subject to and in accordance with these terms and conditions of use;
	11.4.6	infringe any copyright, database right or trade mark of any other person;
	11.4.7	breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
	11.4.8	be in contempt of court;
	11.4.9	be likely to harass, upset, embarrass, alarm or annoy any other person;
	11.4.10	impersonate any person, or misrepresent your identity or affiliation with any person;
	11.4.11	give the impression that the contribution emanates from Us if this is not the case;
	11.4.12	advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
	11.4.13	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; or
	11.4.14	contain any advertising or promote any services or links to Third Party Sites.
11.5		The warranties provided for in clause 11.3 and clause 11.4 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 to Our Site or utilising any Service 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.
11.6		We have the right to monitor an material you submit to Our Site or utilising any Service and may (as appropriate) edit, reject or remove such material if We believe it does not comply with the above. In particular, We reserve the right to block incoming emails and other communications and submissions if We believe that their content is or may be inappropriate or otherwise does not comply with these terms and conditions of use.
12		Our library
12.1		Subject to your continued adherence at all times to these terms and conditions and any Service Terms, We grant to you a non-exclusive, non-transferable, revocable licence to use the certificate library facility made available upon Our Site (the “ Library ”) for your reasonable business purposes but for no other purposes whatsoever and subject always to these terms and conditions and any Service Terms. You are responsible for ensuring that all persons who access the Library through any facilities provided by you or over which you have control are aware of these terms and conditions and any Service Terms and that they comply with them.
12.2		You may make copies of any certificates relating to your business held within the Library and distribute such copies to third parties.
12.3		Except as expressly set out in these terms and conditions, any Service Terms or as permitted by applicable law, you undertake :
	12.3.1	not to copy the Library (or any part thereof);
	12.3.2	not to distribute to third parties extracts from the Library;
	12.3.3	not to translate, merge, adapt, vary or modify the Library;
	12.3.4	not to make alterations to, or modifications of, the whole or any part of the Library nor permit the Library or any part of it to be combined with, or become incorporated in, any other program or website;
	12.3.5	not to disassemble, decompile, reverse engineer or create derivative works based on nor extract the whole, or any part, of the Library nor attempt to do any such things; and
	12.3.6	not to create any library which is substantially similar to the Library; and
	12.3.7	to ensure (including through the employment of appropriate supervision) that your employees and representatives and all persons who access the Library through any facilities provided by you or over which you have control use the Library in accordance with these terms and conditions and any Service Terms.
12.4		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 the Library or is being used and to the computer equipment located there for the purpose of ensuring that you are complying with these terms and conditions and any Service Terms.
12.5		You acknowledge that all intellectual property rights in the Library throughout the world belong to Us, that rights to use the Library are licensed (not transferred) to you, and that you have no rights in or to the Library other than the right to use it in accordance with these terms and conditions and any Service Terms.
12.6		You must not attempt in any way to remove or circumvent any technical protection measures applied to the Library 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.
12.7		You acknowledge that the Library 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 or any Service Terms.
13		Exclusions
13.1		The terms of Our Privacy and Cookie Policy shall form part of the terms and conditions.
13.2		These terms and conditions and Our Privacy and Cookie Policy along with any Service Terms set out the full extent of Our obligations and liabilities in respect of Our Site. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding upon Us except as specifically stated in these terms and conditions, and Our Privacy and Cookie Policy and such Service Terms. In so far as is possible We exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute or common law other than those expressly stated hereunder.
13.3		Where We exclude liability under these terms and conditions, such exclusion shall include liability for any direct, indirect or consequential loss, damage, expense, costs, delays or other liability whatsoever, 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, 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.
13.4		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.
13.5		The exclusions of liability expressed hereunder in so far as they apply to Us shall apply to any third parties connected to Us (including Our subcontractors, servants, employees, representatives and agents).
14		Transfer
14.1		These terms and conditions are binding on you and on your successors and assignees.
14.2		You may not sublicence, rent, lease, transfer, assign, charge or otherwise dispose of any of your rights or obligations arising hereunder, without Our prior written consent.
14.3		We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of Our rights or obligations arising hereunder at any time.
15		Breach
15.1		If you breach any of these terms and conditions of use or any Service Terms, all of your rights hereunder including your right to use Our Site, the Services and Material will cease immediately and you must, at Our option, return or destroy any copies of any Material you have made.
15.2		If We have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions 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 (or which have procured the collection of) from You.
15.3		You are responsible for all losses, costs, expenses, claims, demands or other liability (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. 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 terms and conditions.
16		Force majeure
16.1		We will not be liable for any failure to perform any obligation hereunder due to causes beyond Our reasonable control.
16.2		These terms and conditions do not confer any rights on any person or party other than you and Us.
17		Variation
17.1		We may change the Services or Material at any time.
17.2		Except as provided for under any Service Terms, any Material may be out of date at any given time, and We are under no obligation to update any Material.
17.3		We reserve the right to change these terms and conditions at any time by amending this page or the page containing Our Privacy and Cookie Policy. Any such change in these terms and conditions or Our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions or Our Privacy 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.
17.4		Some of the provisions contained in these terms and conditions and Our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on Our Site.
18		Waiver
18.1		If We fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19		Severability and entire agreement
19.1		If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.2		These terms and conditions, Our Privacy and Cookie Policy, and any Service Terms, together with any provisions or notices published elsewhere on Our Site which supersede the aforementioned, are the whole agreement between you and Us. You acknowledge that you have not entered into the obligations provided for hereunder 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 the aforementioned.
20		Notices to You
20.1		We will communicate with you in English only. You agree that We may provide a notice to you hereunder by posting it on Our Site or emailing it to the email address provided by you to the email address provided by You when registering to access Our Site.
20.2		With the exception of amendments to these terms and conditions and Our Privacy and Cookie Policy 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 it is emailed to you.
21		No tices to us
21.1		You may only notify Us in connection with any matter arising under these terms and conditions by emailing Us at info@swl.uk.com.
21.2		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.
22		Jurisdiction and applicable law
22.1		The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and you agree to submit to the exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.
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Terms and Conditions of Website Use
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 http://www.swl.uk.com/ (“ Our Site ”).
1.2		Please read these terms and conditions of use carefully before you start to use Our Site.
1.3		By using Our Site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using Our Site.
2		Information about us
2.1		Our Site is made available and operated by Safety Welding And Lifting (International) Limited of Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR (“ We ”, “ Our ”, “ Us ”) and by third parties acting on Our behalf.
2.2		We are a company registered in Scotland under company number SC147636 whose registered office is at Site 4, Inverbreakie Industrial Estate, Invergordon, Ross-Shire, IV18 0QR. Our VAT number is 927 3404 27.
3		Access
3.1		Our Site is a place for you to ascertain general information concerning Us and the services We offer. Our Site is also a place for you to receive services from Us.
3.2		Our Site is available only to individuals and organisations that can form legally binding contracts under applicable law. You must be over eighteen (18) years to use Our Site. If you cannot form legally binding contracts or you are under eighteen (18) years of age please leave Our Site now.
3.3		Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services (“ Services ”) and the material (“ Material ”) made available upon or through it without notice. Unless explicitly stated to the contrary, any new features added to Our Site, Services or Material shall be subject to these terms and conditions.
3.4		We reserve the right at Our sole discretion to restrict access to some parts or all of Our Site by persons seeking to access Our Site.
3.5		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.
3.6		We have used reasonable endeavours to ensure that Our Site complies with Scottish laws. However, We make no representations that Our Site or the Services or Material are appropriate or available for 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 accessing Our Site, the Services or Material is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorised to view or use Our Site, the Services or Material and you must exit immediately. If making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to view or use Our Site, the Services or Material.
3.7		We make no representations and give no warranties, express or implied concerning whether making Our Site, the Services or Material available in any particular jurisdiction outside Scotland is permitted under any applicable non-Scottish laws.
4		Availability and operation
4.1		We shall use reasonable endeavours to ensure that Our Site and any Services or Material are available and operate properly at all times, however We make no warranties in respect of the availability or operation of Our Site or any Services or Material.
4.2		We may suspend the availability or operation of Our Site or any Services or Material on a temporary or indefinite basis as We may in Our sole discretion determine.
4.3		All warranties as regards the availability or operation of Our Site and any Services or Material, in so far as they may be excluded and other than as explicitly specified hereunder or any terms relating to the supply of testing services entered into between you and Us (“ Service Terms ”), are excluded. We exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the availability or operation of Our Site and any Services or Material except as specified hereunder or under any Service Terms.
5		Linking to our site
5.1		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.
5.2		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.
5.3		You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
5.4		You must not establish nor procure that any third party establishes a link to any page upon Our Site other than Our home page.
5.5		You must not frame nor procure that any third party frames Our Site on any other website.
5.6		You must not stream or aggregate content from Our Site within another website nor procure that any third party undertakes such activities.
5.7		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.
6		Links from Our Site
6.1		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.
6.2		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.
6.3		We exclude all liability for any damages, loss, costs, expenses or other liability arising out of any use of or interaction with Third Party Sites.
7		Viruses, hacking and other offences
		You must not:
	7.1.1	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 ;
	7.1.2	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;
	7.1.3	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;
	7.1.4	use an anonymising proxy to access Our Site ;
	7.1.5	attack Our Site via a denial-of-service attack or a distributed denial-of service attack;
	7.1.6	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; or
	7.1.7	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.
7.2		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.
7.3		You also understand that We cannot and do not guarantee or warrant 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 for the accuracy of data input and output. We exclude all liability for any damages, loss, costs, expenses or other liability 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, any Services or Material, or the use of or interaction with any Third Party Site.
8		Reliance
8.1		We will use reasonable endeavours to ensure that all Material is accurate. You acknowledge that Our Site may contain typographical errors or other inaccuracies.
8.2		Except as explicitly stated hereunder or under any Service Terms:
	8.2.1	all Material is provided on an ‘as is' basis;
	8.2.2	the Services and Material are provided without any guarantees, conditions or warranties as to their accuracy or fitness for any particular purpose notwithstanding that We may be aware of such a purpose;
	8.2.3	the Services and Material should be construed as general in nature and not amounting to advice on which reliance should be placed.
		and you assume total responsibility and risk for your use of Our Site, the Services or Material undertake not to rely upon the Services or Material.
8.3		You undertake not to provide any information concerning any Services or Material to any third party with a view to that third party relying upon such information without our prior written consent.
8.4		If you or any third party to whom you provide any information concerning any Services or Material requires advice concerning any matter addressed within the Services or Material or any information concerning any Services or Material you undertake to seek this advice from an independent professional experienced and practising in the relevant field, and to advise any such third party to do the same.
8.5		We exclude all liability for any damages, loss, costs, expenses or other liability incurred relating to or arising out of use made or reliance placed upon any Services or Material or information concerning any Services or Material except as specified hereunder or under any Service Terms.
9		Passwords
9.1		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.
9.2		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 use or any Service Terms.
9.3		You must immediately notify Us if you have reason to believe any user identification code, password, login information or any other piece of information provided by Us to you as part of Our security procedures in relation to your use Our Site, the Services or Material have become known to any third party.
10		Intellectual property rights
10.1		Our Site, the Services and Material are protected by international copyright laws and other intellectual property rights. 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. We reserve all such rights.
10.2		Other than as explicitly specified hereunder or under any Service Terms nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use Our Site, any Services or Material without Our express written permission.
10.3		Except as explicitly specified hereunder or under any Service Terms you may print off only one copy any Material from Our Site and only for your personal study, research or internal business purposes, 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 without a requirement to register with Our Site but only in so far as may be necessary to draw the attention of such third parties to the availability of Services or Material upon Our Site.
10.4		Except as explicitly specified hereunder or under any Service Terms you must not use, copy, modify, adapt, create derivative works based upon, extract elements from or reorganise any Material or any copies thereof, use any data separately from any accompanying text and acknowledge our status or that of any identified contributors as the authors of Material, such acknowledgement including the address of Our Site.
11		Material you submit to Our Site
11.1		You grant to Us a non-exclusive, royalty free, irrevocable, perpetual licence without any form of territorial limitation to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise any material submitted by you to Our Site or utilising any Service made available upon Our Site. This licence will be capable of sub-licence. By submitting such material to Us you are warranting that you have the right to grant Us this licence. If you are not in a position to grant such a licence to Us, please do not submit such material. 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 Our use and / or the publication of material submitted by you to Our Site or utilising any Service.
11.2		In relation to any material submitted by you to Our Site or utilising any Service 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.
11.3		You warrant that any material submitted by you to Our Site or utilising any Service shall :
	11.3.1	be accurate (where it states facts);
	11.3.2	be accurate (where it states facts); • be genuinely held (where it states opinions);
	11.3.3	comply with the law applicable in Scotland and in any country from which it is posted; and
	11.3.4	be relevant
11.4		You warrant that any material submitted by you to Our Site or utilising any Service shall not :
	11.4.1	be false or fake;
	11.4.2	be defamatory of any person;
	11.4.3	be obscene, offensive, hateful or inflammatory;
	11.4.4	promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
	11.4.5	disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual other than where you have the express written permission of that individual to disclose such information subject to and in accordance with these terms and conditions of use;
	11.4.6	infringe any copyright, database right or trade mark of any other person;
	11.4.7	breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
	11.4.8	be in contempt of court;
	11.4.9	be likely to harass, upset, embarrass, alarm or annoy any other person;
	11.4.10	impersonate any person, or misrepresent your identity or affiliation with any person;
	11.4.11	give the impression that the contribution emanates from Us if this is not the case;
	11.4.12	advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
	11.4.13	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; or
	11.4.14	contain any advertising or promote any services or links to Third Party Sites.
11.5		The warranties provided for in clause 11.3 and clause 11.4 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 to Our Site or utilising any Service 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.
11.6		We have the right to monitor an material you submit to Our Site or utilising any Service and may (as appropriate) edit, reject or remove such material if We believe it does not comply with the above. In particular, We reserve the right to block incoming emails and other communications and submissions if We believe that their content is or may be inappropriate or otherwise does not comply with these terms and conditions of use.
12		Our library
12.1		Subject to your continued adherence at all times to these terms and conditions and any Service Terms, We grant to you a non-exclusive, non-transferable, revocable licence to use the certificate library facility made available upon Our Site (the “ Library ”) for your reasonable business purposes but for no other purposes whatsoever and subject always to these terms and conditions and any Service Terms. You are responsible for ensuring that all persons who access the Library through any facilities provided by you or over which you have control are aware of these terms and conditions and any Service Terms and that they comply with them.
12.2		You may make copies of any certificates relating to your business held within the Library and distribute such copies to third parties.
12.3		Except as expressly set out in these terms and conditions, any Service Terms or as permitted by applicable law, you undertake :
	12.3.1	not to copy the Library (or any part thereof);
	12.3.2	not to distribute to third parties extracts from the Library;
	12.3.3	not to translate, merge, adapt, vary or modify the Library;
	12.3.4	not to make alterations to, or modifications of, the whole or any part of the Library nor permit the Library or any part of it to be combined with, or become incorporated in, any other program or website;
	12.3.5	not to disassemble, decompile, reverse engineer or create derivative works based on nor extract the whole, or any part, of the Library nor attempt to do any such things; and
	12.3.6	not to create any library which is substantially similar to the Library; and
	12.3.7	to ensure (including through the employment of appropriate supervision) that your employees and representatives and all persons who access the Library through any facilities provided by you or over which you have control use the Library in accordance with these terms and conditions and any Service Terms.
12.4		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 the Library or is being used and to the computer equipment located there for the purpose of ensuring that you are complying with these terms and conditions and any Service Terms.
12.5		You acknowledge that all intellectual property rights in the Library throughout the world belong to Us, that rights to use the Library are licensed (not transferred) to you, and that you have no rights in or to the Library other than the right to use it in accordance with these terms and conditions and any Service Terms.
12.6		You must not attempt in any way to remove or circumvent any technical protection measures applied to the Library 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.
12.7		You acknowledge that the Library 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 or any Service Terms.
13		Exclusions
13.1		The terms of Our Privacy and Cookie Policy shall form part of the terms and conditions.
13.2		These terms and conditions and Our Privacy and Cookie Policy along with any Service Terms set out the full extent of Our obligations and liabilities in respect of Our Site. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding upon Us except as specifically stated in these terms and conditions, and Our Privacy and Cookie Policy and such Service Terms. In so far as is possible We exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute or common law other than those expressly stated hereunder.
13.3		Where We exclude liability under these terms and conditions, such exclusion shall include liability for any direct, indirect or consequential loss, damage, expense, costs, delays or other liability whatsoever, 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, 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.
13.4		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.
13.5		The exclusions of liability expressed hereunder in so far as they apply to Us shall apply to any third parties connected to Us (including Our subcontractors, servants, employees, representatives and agents).
14		Transfer
14.1		These terms and conditions are binding on you and on your successors and assignees.
14.2		You may not sublicence, rent, lease, transfer, assign, charge or otherwise dispose of any of your rights or obligations arising hereunder, without Our prior written consent.
14.3		We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of Our rights or obligations arising hereunder at any time.
15		Breach
15.1		If you breach any of these terms and conditions of use or any Service Terms, all of your rights hereunder including your right to use Our Site, the Services and Material will cease immediately and you must, at Our option, return or destroy any copies of any Material you have made.
15.2		If We have reason to believe that you have breached these terms and conditions or are likely to breach these terms and conditions 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 (or which have procured the collection of) from You.
15.3		You are responsible for all losses, costs, expenses, claims, demands or other liability (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. 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 terms and conditions.
16		Force majeure
16.1		We will not be liable for any failure to perform any obligation hereunder due to causes beyond Our reasonable control.
16.2		These terms and conditions do not confer any rights on any person or party other than you and Us.
17		Variation
17.1		We may change the Services or Material at any time.
17.2		Except as provided for under any Service Terms, any Material may be out of date at any given time, and We are under no obligation to update any Material.
17.3		We reserve the right to change these terms and conditions at any time by amending this page or the page containing Our Privacy and Cookie Policy. Any such change in these terms and conditions or Our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions or Our Privacy 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.
17.4		Some of the provisions contained in these terms and conditions and Our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on Our Site.
18		Waiver
18.1		If We fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if We fail to exercise any of the rights or remedies to which We are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19		Severability and entire agreement
19.1		If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19.2		These terms and conditions, Our Privacy and Cookie Policy, and any Service Terms, together with any provisions or notices published elsewhere on Our Site which supersede the aforementioned, are the whole agreement between you and Us. You acknowledge that you have not entered into the obligations provided for hereunder 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 the aforementioned.
20		Notices to You
20.1		We will communicate with you in English only. You agree that We may provide a notice to you hereunder by posting it on Our Site or emailing it to the email address provided by you to the email address provided by You when registering to access Our Site.
20.2		With the exception of amendments to these terms and conditions and Our Privacy and Cookie Policy 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 it is emailed to you.
21		No tices to us
21.1		You may only notify Us in connection with any matter arising under these terms and conditions by emailing Us at info@swl.uk.com.
21.2		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.
22		Jurisdiction and applicable law
22.1		The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and you agree to submit to the exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.
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