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This World Wide Web site (the “Site”) is published
by Dundas & Wilson Management Services (Scotland), a private
unlimited company incorporated in Scotland (Company Number SC 229194),
and with its registered office at 4th Floor, Saltire Court, Castle
Terrace, Edinburgh, EH1 2EN ("D&W"). The Site provides
information about D&W and related entities.
Dundas & Wilson CS LLP is a limited liability partnership incorporated in Scotland with (Registered Number SO300441) and having its registered office at 4th Floor, Saltire Court, Castle Terrace, Edinburgh, EH1 2EN ("D&W Scotland"). D&W Scotland's business is regulated by the following bodies: -
The
Law Society of Scotland; and
Solicitors Regulation Authority.
Dundas & Wilson LLP is limited liability partnership incorporated in England and Wales with (Registered Number OC0309328) and having its registered office at 5th Floor, Northwest Wing, Bush House, Aldwych, London, WC2B 4EZ ("D&W England"). D&W England's business is regulated by the following body: -
Solicitors Regulation Authority.
D&W Scotland is registered for VAT under number 796464766. D&W
England is registered for VAT under number 795825177.
The Site is operated from, and published at, Edinburgh, Scotland
by D&W. D&W makes no representation that the information
contained in the Site is appropriate for locations outside the
United Kingdom.
In these terms and conditions "D&W Group" means
collectively D&W Scotland, and D&W England, and any entity
to which either D&W Scotland and/or D&W England may transfer
all or a substantial part of its undertakings from time to time,
and any bodies corporate, Scottish firms or English partnerships
ultimately owned or controlled by D&W Scotland and/or D&W
England, including (without limitation) D&W.
Your use of the Site is subject to the terms and conditions set
out below. Please read them carefully before accessing any other
pages in the Site. Your use of the Site is conditional upon your
acceptance of these terms and conditions. If you do not agree to
these terms and conditions, please leave the Site immediately.
1. Intellectual Property
1.1 The intellectual property rights (including but not limited
to copyright and database rights) in the material, information
and computer files on the Site (the “Materials”) are
owned by, or are licensed to, a member of the D&W Group. Nothing
in these terms and conditions transfers to you any rights of ownership
of such intellectual property rights, or constitutes a licence
to use such intellectual property rights other than to the extent
expressly set out in these terms and conditions.
1.2 You may copy any Materials to the extent necessary to view
the Site and to print pages of the Site using normal browsing software.
You may not modify, distribute or reproduce the Materials in any
manner and for any other use without the prior written consent
of D&W.
1.3 Names, word, titles, phrases, logos, icons, graphics or designs
in the pages of the Site may constitute trade names or unregistered
trade marks of a member of the D&W Group. All other product
or company names and devices, logos, icons, graphics or designs
referred to on the pages of the Site are the trade marks of their
respective owners and are exhibited only in such a manner as is
intended to be for the benefit of such trade mark owners and D&W
intends no infringement of such trade marks. The appearance or
absence of product, services, companies, organisations, home pages
or other websites on the Site does not imply any endorsement or
non-endorsement thereof by a member of the D&W Group.
1.4 You may not remove any product identification, copyright notices
or other notices from the Materials or any copies of the Materials
which you may have made or printed for your own personal use.
1.5 Any unauthorised downloading, use, copying, modification or
distribution of the Materials may be in breach of statutory or
common law rights which could be the subject of legal action.
1.6 All rights not expressly granted are reserved by D&W.
2. Links
2.1 If you wish to provide a link to the Site this must be to
D&W’s homepage which is currently at http://www.dundas-wilson.com.
You are not permitted to frame, page-jack or link to any other
page of the Site. You are not permitted to use any robot, spider,
other automatic device or manual process to monitor or copy the
Site or the content expressed herein.
2.2 The Site may include links to World Wide Web sites operated
by third parties (“Third Party
Sites”). Links to Third
Party Sites are provided for your convenience only. D&W is
not responsible for the management and control of Third Party Sites
and does not necessarily endorse, support or recommend the views
expressed in such Third Party Sites.
3. Interactive Sections
3.1 Part of the Site may contain interactive sections such as
chat rooms, networking rooms or bulletin boards (the “Interactive
Sections”). Users of the Site may post and/or transmit data,
text or other materials to these Interactive Sections (each a “Posting”).
You shall be liable for any Postings you make to the Interactive
Sections. Members of the D&W Group are not liable or responsible
for, and do not control or pre-screen, such Postings. Members of
the D&W Group do not monitor or exercise any editorial control
over the Interactive Sections. However, members of the D&W
Group have the right (but not the obligation) in their sole discretion
to alter, amend or remove or refuse to post or display any Postings.
Members of the D&W Group are not responsible for and do not
necessarily endorse, support or recommend the contents of Postings
or the Interactive Sections. You should not rely on the content
of any Postings and any reliance on Postings will be at your own
risk.
3.2 You shall not:-
- create any Posting that is or could be deemed to be obscene,
defamatory, threatening, profane, indecent or degrading;
- create any Posting that contains information obtained in breach
of confidence or which is otherwise contrary to applicable law
or regulation;
- create any Posting that infringes copyright or any other rights
of any third party or which is otherwise unlawful;
- create any Posting that impersonates any person, company, group
or entity or misrepresents a relationship to or with any of the
same;
- create any Posting that is or could be deemed to be the provision
of professional advice;
- create any Posting that contains any advertising or promotional
material whether commercial in nature or otherwise or any chain
e-mails, "spam", junk mail, pyramid schemes or mail bombs
or conducts a survey;
- create any Posting that contains a virus or other harmful component;
- create any Posting that disguises the origin of such Posting;
- create any Posting that collects or stores any third parties’ personal
data;
- create any Posting that prevents or restricts the use of the
Site and the Interactive Sections by other users;
- stalk or harass any third party by means of the Interactive
Sections; or
- attempt to or interfere with or disrupt the Interactive Sections
or any other part of the Site.
3.3 You hereby grant each member of the D&W Group a non-exclusive,
perpetual, transferable, royalty free licence to use, display,
reproduce, copy, transmit or amend your Postings and/or other material
you submit via the Site. You hereby waive all rights, including
but without limit moral rights, that you may have in such Postings.
3.4 If you have reason to believe that any Posting infringes these
terms and conditions or is otherwise objectionable you will notify
D&W immediately at webmaster@dundas-wilson.com
4. Accuracy of the Site and Liability Issues
4.1 D&W reserves the right, at any time, to change the Site,
the Materials and the terms and conditions which apply to the use
of the Site.
4.2 This Site is intended for users in the United Kingdom and may not be applicable
to other jurisdictions. EACH MEMBER OF THE D&W GROUP EXCLUDES TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY FOR
DEATH OR PERSONAL INJURY) RESULTING FROM ACCESS AND/OR USE OF THE SITE, THE
MATERIALS, AND/OR THE POSTINGS FROM OUTWITH THE UNITED KINGDOM.
4.3 THE SITE, THE MATERIALS, AND THE POSTINGS ARE PROVIDED ON AN “AS
IS” BASIS. EACH MEMBER OF D&W GROUP EXCLUDES TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW ALL IMPLIED WARRANTIES, IMPLIED REPRESENTATIONS,
AND IMPLIED TERMS AND CONDITIONS RELATING TO THE SITE, THE MATERIALS AND THE POSTINGS.
4.4 NO RELIANCE SHOULD BE MADE ON ANY OF THE STATEMENTS MADE WITHIN THE SITE
(OTHER THAN THESE TERMS AND CONDITIONS) OR THE MATERIALS OR THE POSTINGS OR
THE DOWNLOADS OR ANY THIRD PARTY SITES EACH MEMBER OF THE D&W GROUP EXCLUDES
TO THE FULLEST EXTENT PERMITTED APPLICABLE BY LAW ALL LIABILITY (OTHER THAN LIABILITY
FOR DEATH OR PERSONAL INJURY) RESULTING FROM ANY SUCH RELIANCE.
4.5 NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, EACH MEMBER OF THE D&W
GROUP EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY
(OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY) RESULTING FROM YOUR ACCESS
TO AND/OR USE OF THE SITE OR THE MATERIALS OR THE POSTINGS OR THE DOWNLOADS OR ANY THIRD PARTY
SITES.
4.6 NO MEMBER OF THE D&W GROUP SHALL HAVE ANY LIABILITY TO YOU FOR ANY LOSS
OF REVENUE, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF CUSTOMERS, LOSS OF
BUSINESS OPPORTUNITIES, LOSS OF EMPLOYEES, LOSS OF DATA, LOSS OF GOODWILL, WORK
STOPPAGE OR ANTICIPATED SAVINGS, WHICH MAY ARISE FROM YOUR ACCESS TO AND/OR
USE OF THE SITE OR THE MATERIALS OR THE POSTINGS OR THE DOWNLOADS.
5. Computer Viruses
5.1 D&W will use reasonable endeavours to ensure that neither
the Site nor the Materials or the downloads contain or promulgate any viruses or
other malicious code. However, it is recommended that you should
virus check all Materials downloaded from the Site and regularly
check your computer for the presence of viruses and other malicious
code.
5.2 EACH MEMBER OF THE D&W GROUP EXCLUDES TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW ALL LIABILITY (OTHER THAN LIABILITY
FOR DEATH OR PERSONAL INJURY) IN CONNECTION WITH ANY DAMAGE OR
LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING,
OR CONTRACTED, FROM THIS SITE OR ANY THIRD PARTY SITES.
6. Privacy Policy
6.1 No member of the D&W Group will collect any personal data
about you (that is, your name, address, telephone number, e-mail
address or other data from which you can be identified) (“Personal
Data”) through the Site unless you provide it voluntarily.
All Personal Data collected through the Site will be processed
in accordance with UK Data Protection Law. In the UK data protection
law is enforced by the Information Commissioner's Office. Various
members of the D&W Group are registered as data controllers
with the Information
Commissioner's Office.
6.2 At the time of collection of any such Personal Data, D&W
will seek your consent to various acts in relation to such Personal
Data, e.g. using the Personal Data to contact you regarding seminars.
A member of the D&W Group may also subsequently contact you
to seek your consent in relation to other proposed uses of the
Personal Data, e.g. passing it to a third party for marketing purposes.
Members of the D&W Group will only use or process such Personal
Data a) for the purpose for which it was originally submitted by
you; or b) for another purpose which you have expressly consented
to.
6.3 If you do not want your Personal Data collected, please do
not submit it. If you have already submitted Personal Data and
would like it removed from any records held by a member of the
D&W Group, please contact the person listed in Clause 6.8 below.
D&W will then use reasonable efforts to delete your information
from its records.
6.4 Members of the D&W Group will share Personal Data collected
through the Site among themselves. In addition members of the D&W
Group may pass such Personal Data to any person providing IT services
to a member of the D&W Group. However, in such cases the relevant
member of the D&W Group will ensure that such provider of IT
services only processes that Personal Data for and on behalf of
members of the D&W Group.
6.5 In some cases, D&W may collect information about you that
may not be Personal Data. Examples of this type of information
include the type of Internet browser you are using, the type of
computer operating system you are using, and the domain name of
the web site from which you linked to the Site.
6.6 When you view the Site some information may be stored on
your computer. This information will be in the form of a "cookie" or
similar file and will help D&W in many ways. For example,
cookies allow the Site or a related advertisement to be tailored
to better match your interests and preferences. You can erase
cookies from your computer hard drive, block all cookies or receive
a warning before a cookie is stored by configuring your Internet
browser software. Please refer to your Internet browser instructions
or help screen to learn more about these functions.
6.7 Under UK Data Protection Law you have the right to see a copy of the Personal
Data held by a member of the D&W Group about you (“subject
access”).
If you require such subject access please contact the individual identified
in clause 6.8 of these terms and conditions. Please note there may is likely
to be a charge for such subject access. At present the maximum charge is £10.
6.8 If you have submitted Personal Data through the Site and would either a)
like that information deleted from the records held by members of the D&W
Group, or b) if you require Personal Data which D&W holds about you to
be updated/corrected then please contact dw-enquiries@dundas-wilson.com. D&W
will use reasonable efforts to delete/correct this information from its existing
files and to inform any party to whom it has passed such data.
6.9 D&W will not transfer Personal Data to any countries outside
the European Economic Area without your prior consent and without
first having assessed the adequacy of protection for individual
rights in respect of Personal Data available in those countries.
6.10 Please note that we will take reasonable and appropriate
measures to ensure that Personal Data is stored in a secure manner.
However, the Internet is inherently insecure and Personal Data
submitted by means of the Internet may be vulnerable to unauthorised
access by third parties. Submission of Personal Data using the
Internet is at your own risk.
7. Indemnity
7.1 You hereby indemnify D&W, and each member of the D&W
Group, against all costs, expenses (including but not limited to
reasonable legal costs and disbursements), losses and damages arising
from or incurred by reason of any claims, demands or actions that
arise as a result of your breach of these terms and conditions
or your Postings or use of the Interactive Sections.
8. Jurisdiction
8.1 These terms and conditions shall be governed by and construed
in accordance with the laws of Scotland. You hereby agree that
in any contract formed hereby the place of performance will be
Scotland. The Scottish courts shall determine any disputes relating
to your access to and use of the Site.
8.2 You are responsible for compliance with any applicable laws
of the country from which you are accessing the Site.
9. Severability
If any court of competent jurisdiction finds any provision of
these terms to be void or unenforceable for any reason, such provision
shall be ineffective to the extent of the courts finding without
affecting the validity and enforceability of any remaining provisions.
If you have any questions concerning these terms and conditions
please contact:
dw-enquiries@dundas-wilson.com
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