In this Agreement the following words and expressions shall have the following meanings:
- “The Website” means the site and associated pages accessed through the url “calladale.com”
- “downtime” means any service interruption in the availability to visitors of the Website
- “intellectual property rights” or “IPR” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country
- “Calladale” or “Calladale Ltd” means the company registered in England no. 04919298 whose registered address is at The Old Forge, Smithbrook Barns, Horsham Road, Cranleigh, Surrey, GU6 8LH
- “ISP” stands for internet service provider
- “spam” means sending unsolicited and/or bulk emails
- “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “Trojan horses”
- “visitor” or “user” means a third party company, organisation or individual who has accessed the Website
- Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders
- The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
The use of this website is subject to the following Terms and Conditions. By accessing this website you agree to be bound by the Terms and Conditions set out below.
- You indicate acceptance of these terms and conditions of service by using this Website. Terms and conditions will not be varied for individual users
- We may amend these Terms and Conditions at any time by posting an amended agreement on the Website. Any amended Terms and Conditions will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting
- Nothing in these Terms and Conditions shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section
- If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect. You cannot assign this agreement but we may assign it at our sole discretion
- Our failure to act with respect to a breach by you or others shall not be considered a waiver of our right to act with respect to subsequent or similar breaches. Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
3.0 Complaints Procedure
We aim to satisfy the requirements of all of our users as efficiently as we can, but we do realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint or a suggestion, please contact us.
4.0 Trademarks, Copyrights and Restrictions
This website and all materials on it, including, but not limited to images, are the sole property of Calladale Ltd., and are protected from unauthorised copying and dissemination by copyrights law and trademark law. You may not reproduce, republish, upload, post, transmit, or distribute in any way whatsoever any materials from the Website without prior written permission. Various Trademarks in this web-site and some purchased Stock Images may be covered by other copyrights and they are all hereby acknowledged. Microsoft® is a registered trademark of Microsoft Corporation in the United States and other countries. Windows® is a registered trademark of Microsoft Corporation in the United States and other countries. Android™ is a trademark of Google, Inc. in the U.S. and other countries. Mac® is a trademark of Apple Inc. registered in the U.S. and other countries. iOS® is a registered trademark of Cisco in the US and is used by Apple under license.
5.0 Acceptable Use
You acknowledge that you are responsible for all communications you send via or to this Website and agree that your use of this Website is for proper and lawful purposes only. You may not submit, publish or display any content that breaches any law, statute or regulation. In particular you agree not to:
- Damage, delay, interrupt or impair the use of this Website or its software
- Cause any illegal, offensive or defamatory material to be placed on or associated with this Website
- Be in breach of any copyright, trademark, privacy, confidence, or any other third party right
- Cause any inconvenience to the employees, servants, agents, software and other suppliers of Calladale Ltd. or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and ‘spam’).
- Use the Website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Website
- Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
- Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), on the Website
- Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others
- Engage in illegal or unlawful activities via the Website
- Make available or upload files to the Website that you know contain a virus, worm, Trojan or corrupt data
- Obtain or attempt to obtain access, through whatever means, to areas of the Website which are identified as restricted or confidential.
If you fail to comply with this Acceptable Use Policy, Calladale Ltd. shall be entitled to block your use of the Website and any associated Services without notice.
Calladale Ltd. will comply with the principles of the Data Protection Act 1998 when dealing with all data received from visitors to the site.
Calladale Ltd. does not hold personal data in the course of its business.
For administrative reasons email addresses may be passed to and stored securely with third party service providers. However, we never sell, rent or exchange mailing lists.
In accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003, we never send bulk unsolicited emails, (spam) to email addresses.
We may send emails to existing or prospective users who have made an enquiry with us, regarding products or services directly provided by us. All emails sent by us will be clearly marked as originating from us.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
Our cookies do not contain or pass any personal, confidential or financial information or any other information that could be used to identify individual visitors.
The tracking cookies that we use are for Google Analytics. These allow us to count page visits and traffic sources, so we can measure and improve the performance of our Website. These are anonymous and hold no private data about you. They cannot be used to share information about you with third parties.
What exactly is a Cookie?
Cookie is a technical term for a tiny text file left on your computer by websites you visit. Each cookie is accessible only by the website that created it, and it is used to store useful information on how you use that particular site.
If you know where to look, you’ll find hundreds, perhaps even thousands of cookies stored on your computer’s hard disk. Each one is unique, and relates to a specific website. A cookie cannot contain viruses or malware and cannot install any programs on your computer.
Cookies are useful. When you do an online shop on an e-commerce site and it greets you by name, it’s because the site detected the cookie stored on your computer from your last visit. Equally, when you click a “Like” button and your Facebook account automatically opens up showing your profile, Facebook cookies on your computer have allowed this to happen.
Why we tell you about our cookies
It’s the law. The Privacy and Electronic Communications Regulations state that site users should be fully informed about the information being stored in cookies on websites they visit.
What should you do?
If this is acceptable to you, then please continue to use the website without changing your settings and we will assume that you are happy to receive all cookies from us. However, if you would like to, you can change your cookie settings at any time.
To find out more about cookies, including how to see previous cookies have been set on your machine, and how to manage or delete them, please visit www.allaboutcookies.org.
In the event that you breach any of these Terms and Conditions, you will indemnify and keep indemnified Calladale Ltd., its employees, servants, agents, professional advisors, suppliers and affiliates from time-to-time against all damages, losses, claims, costs, charges, awards, orders, judgements and other liabilities due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
Calladale Ltd. specifically disclaims any and all liability for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever which you may suffer as a result of using the Website. This shall apply even where such a loss was reasonably foreseeable or Calladale Ltd. had been made aware of the possibility that you might incur such a loss.
Nothing in these terms and conditions shall exclude or limit Calladale’s liability for death or personal injury resulting from Calladale’s negligence or that of its employees, agents or sub-contractors.
9.0 Termination and Suspension
We may immediately issue a warning and deny your access to all or part of the Website or refuse to provide our services to you without notice if:
- You are in breach of any part of this agreement
- We cannot, for any reason, verify or authenticate any information you provide to us
- We believe that your actions may cause legal liability for us, you, or any other user.
These Terms and Conditions set forth the entire understanding and agreement between us.
11.0 Governing Law
These Terms and Conditions are governed by and construed in accordance with English law and you agree that the English courts will have exclusive jurisdiction for any dispute under this agreement.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our Website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our Website and services. We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our Website and services is legal.
If you have any questions relating to our Terms and Conditions, please contact us by using the enquiry form on this Website
12.0 Service Levels and Data Backup
Calladale Ltd. will use its reasonable endeavours to make the Website available to users 100% of the time but, because the Website is provided by means of computer and telecommunications systems, Calladale Ltd. makes no warranties or representations that the Service will be uninterrupted or error-free and Calladale Ltd. will not, in any event, be liable for service interruptions or downtime to the Website.