Web Site Terms and Conditions of Use
Document Version 1.0
Revision Date: 7th September, 2017
1.1 These terms and conditions shall govern your use of https://www.cooganproperty.co.uk (our “website(s)”.)
1.2 By using our websites, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites.
1.3 If you register with our websites, submit any material to our websites or use any of our websites’ services, we will ask you to expressly agree to these terms and conditions.
2.1 This document was created using a template from SEQ Legal (www.seqlegal.com).
3.1 Copyright (c) 2017 Coogan Property Ltd. 5 Wardie House Lane, Edinburgh, EH5 3RL, United Kingdom
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our websites and the material on our websites; and
(b) all the copyright and other intellectual property rights in our websites and the material on our websites are reserved.
Licence To Use websites
4.1 You may:
(a) view pages from our websites in a web browser
(b) download pages from our websites for caching in a web browser
(c) stream audio and video files from our websites
(c) download audio, video and other files from our websites only when a specific direct download link is provide for your use
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our websites or save any such material to your computer.
4.3 You may only use our websites for your own personal and business purposes, and you must not use our websites for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our websites (including republication on another websites)
(b) sell, rent or sub-license material from our websites
(c) show any material from our websites in public
(d) exploit material from our websites for a commercial purpose
(e) redistribute material from our websites
4.6 We reserve the right to restrict access to areas of our websites, or indeed our whole websites, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites.
5.1 You must not:
(a) use our websites in any way or take any action that causes, or may cause, damage to the websites or impairment of the performance, availability or accessibility of the websites
(b) use our websites in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
(c) use our websites to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites without our express written consent
(e) access or otherwise interact with our websites using any robot, spider or other automated means, except for the purpose of search engine indexing
(f) violate the directives set out in the robots.txt file for our websites
(g) use data collected from our websites for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)
5.2 You must not use data collected from our websites to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our websites, or in relation to our websites, is true, accurate, current, complete and non-misleading.
Registration And Accounts
6.1 You may register for an account with our websites by completing and submitting the account registration form on our websites, and when required by clicking on the verification link in the email that the websites will send to you.
6.2 You must not allow any other person to use your account to access the websites.
User Login Details
7.1 If you register for an account with our websites, you will be asked to use your email address as a unique user ID and to select a suitable password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.5 You are responsible for any activity on our websites arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation And Suspension Of Account
8.1 We may:
(a) suspend your account
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our websites using your account control panel on the websites.
Your Content: Licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our websites for storage or publication on, processing by, or transmission via, our websites.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our websites.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your Content: Rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false
(b) be obscene or indecent
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right
(d) infringe any right of confidence, right of privacy or right under data protection legislation
(e) constitute negligent advice or contain any negligent statement
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity
(g) be in contempt of any court, or in breach of any court order
(h) be in breach of racial or religious hatred or discrimination legislation
(i) be blasphemous
(j) be in breach of any contractual obligation owed to any person
(k) depict violence in an explicit, graphic or gratuitous manner
(l) be pornographic, lewd, suggestive or sexually explicit
(m) be untrue, false, inaccurate or misleading
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
(o) constitute spam
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
(r) cause annoyance, inconvenience or needless anxiety to any person
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our websites
(b) that the material on the websites is up to date
(c) that the websites or any service on the websites will remain available
11.2 We reserve the right to discontinue or alter any or all of our websites services, and to stop publishing our websites, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites services, or if we stop publishing the websites.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our websites and the use of our websites.
Limitations And Exclusions Of Liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence
(b) limit or exclude any liability for fraud or fraudulent misrepresentation
(c) limit any liabilities in any way that is not permitted under applicable law
(d) exclude any liabilities that may not be excluded under applicable law
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions
12.3 To the extent that our websites and the information and services on our websites are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the websites or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Breaches Of These Terms And Conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings
(b) temporarily suspend your access to our websites
(c) permanently prohibit you from accessing our websites
(d) block computers using your IP address from accessing our websites
(e) contact any or all of your internet service providers and request that they block your access to our websites
(f) commence legal action against you, whether for breach of contract or otherwise
(g) suspend or delete your account on our websites
13.2 Where we suspend or prohibit or block your access to our websites or a part of our websites, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our websites from the date of publication of the revised terms and conditions on the websites, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. Any revisions to terms and conditions will be noted on our websites and can be viewed by clicking the the Legal Information link available at the bottom of each web page.
14.3 If you have given your express agreement to these terms and conditions as part of the registration of a user account, we will ask for your express agreement to any revision of these terms and conditions when you next login to the account; and if you do not give your express agreement to the revised terms and conditions, we will disable or delete your account on the websites, and you must stop using the websites.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third Party Rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
Law And Jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.
19.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.
Statutory And Regulatory Disclosures
20.1 There are none.
21.1 This websites is owned and operated by Coogan Property Ltd.
21.2 We are registered in Scotland under registration number SC573631, and our registered office is at 5 Wardie House Lane, Edinbrgh, EH5 3RL, United Kingdom.
21.3 Our principal place of business is at 5 Wardie House Lane, Edinbrgh, EH5 3RL, United Kingdom.
21.4 You can contact us:
(a) by post, using the postal address given above
(b) using our websites contact form
(c) by telephone, on +44 131 552 1504
(d) by email, using email@example.com