Terms & Conditions

Welcome to the Arthian Limited Website Terms and Conditions. These Terms and Conditions will apply to you if you access or use this Website. If you do not agree to be bound by these Terms and Conditions hereunder, do not use or access this Website.  You must read and accept all of the Terms and Conditions contained herein together with the Privacy Policy before you may use or access the Website in any way.

1.  Definitions

a.   “Agreement” means the terms and conditions referred to below, in respect of which you agree to be bound in the event that you access or use the Website.

b.   “User” means you, the Website User.

c.   “Disclosed Information” means any and all material disclosed by the User.

d.   “Information” means any and all material contained in the Website (as defined below) which is delivered by or on behalf of Arthian Limited or any associates thereof.

e.   “Website” or “Site” means the Arthian Limited Website operated under the domain of www.arthian.com.

2.  Basis of Use of the Website

The User agrees to the following:

a.   that it is aged 18 or over;

b.   that it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time;

c.   that it shall not use the Information for any unlawful purpose or in any unlawful manner or for any purpose or in any manner not unauthorised by this Agreement;

d.   that it will not post information to the Website which is: (i) false, inaccurate, misleading, defamatory or abusive content (including personal information); (ii) unlawful, threatening, harassing, abusive, defamatory or obscene; or (iii) any content the publication of  which violates the rights of any third party;

e.   that it will not distribute or post spam, chain letters, or pyramid schemes to the Website or any contact address or details contained on the Website;

f.    that it shall not use the Website, the Information or the Disclosed Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);

g.   that it shall not use the Website to retransmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Arthian Limited;

h.   that it shall not use or interfere with the Website, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Website, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in any way impaired;

i.    that it will not distribute viruses or any other technologies that may harm Arthian Limited or the interests or property of the Website users;

j.    that it will not harvest or otherwise collect information about Website users including email addresses, without their consent;

k.   that it will comply with any reasonable instructions or directions issued by Arthian Limited from time-to-time concerning access to the Website;

l.    that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Arthian Limited at all times;

m.  that it acknowledges that Arthian Limited has no obligation to provide the Website or any Information or to ensure that the User is able to use, provide and/or access the Information, the Disclosed Information and the Website;

n.   that it shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing, whether it be for personal, commercial, experimental, educational or any other use;

o.   that in the event that it has any right, claim or action against any other User or third party arising out of the use of the Website, it shall pursue such right, claim or action independently of and without recourse to Arthian Limited;

p.   that it understands, acknowledges and accepts the exclusion of liability and disclaimer provisions contained hereafter;

q.  that it will indemnify and keep indemnified Arthian Limited against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information, the Disclosed Information, the Website or breach of the User’s obligations under his agreement; and

r.    that if it becomes aware of any activity which is illegal, immoral or which in any way reduces the value of the Website to its users or owners you will immediately notify Arthian Limited by email, telephone, fax or other ways necessary.

3.  Exclusion of Liability/Disclaimer

3.1   Arthian Limited provides the Website and the Information on an “as is” basis and makes no warranty or representation whatsoever about the availability, completeness, accuracy, satisfactory quality, and/or fitness of the same for a particular purpose. The probity of any third party websites connected to from the Website have not been checked by Arthian Limited and any information submitted or any reliance placed on the same is entirely at the risk of the User.

3.2   Arthian Limited makes no warranty or representation whatsoever about:

a.    the reliability or technical efficiency of the Website; or

b.    the security measures (if any) contained in the Website and in particular the protection afforded to any Information, Disclosed Information or other information and data.

For further information on security measures, please read our Privacy Policy.

3.3      Arthian Limited excludes all liability (to the extent permitted by law) in respect of:

a.   any advertisements or other websites which can be accessed via the Website;

b.   any information provided by third parties which can be accessed via the Website or which are contained in the Information; or

c.   any damage to the User, the User’s computer hardware, software or other material or equipment resulting from the user accessing or using the Website or the Information.

3.4   You are not allowed to make links to the Website without our prior written consent. The Website contains links to other websites over which Arthian Limited has no control. Whilst Arthian Limited may believe such Sites to be useful to you or of interest to you, Arthian Limited makes no warranties, representations or undertakings about any content of any other Website referred to or accessed by hypertext link through the Website (“3rd Party Site“). Arthian Limited does not endorse or approve the content of any 3rd Party Site, nor will Arthian Limited have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any 3rd Party Site infringes any law or the rights of any person or entity.

3.5   Whilst Arthian Limited uses reasonable endeavours to exclude viruses from the Website it cannot ensure such exclusion and it accepts no liability for viruses and the User is therefore recommended to take all appropriate preventative measures and ensure all appropriate safeguards are in place before downloading information from the Website. Similarly, the User undertakes to take all appropriate protective measures and to ensure all appropriate safeguards are employed to prevent the introduction of viruses by the User to the Website.

3.6   Arthian Limited do not continuously monitor the Website but reserve the right to do so. Arthian Limited takes no responsibility for material that has not been introduced by us.  The User acknowledges that it is solely responsible for the form, content and accuracy of any Disclosed Information introduced by the User.

3.7   Arthian Limited reserve the right to (1) remove any material from the Website at anytime which we at our sole discretion deem inappropriate or find objectionable, (2) limit any User’s use of the Website if we believe it to be excessive; and (3) end access to the Website at any time if the User is in breach of these terms.

4.  Privacy

Users confirm that they have read our Privacy Policy and agree to be bound by its terms.

5.  Ownership of the Website and Intellectual Property

5.1    The intellectual property rights (including but not limited to copyright and database rights) contained in the Information are owned by, licensed or authorised to Arthian Limited, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Arthian Limited or its licensors or its content or technology providers except where otherwise specified. 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.

5.2    You may download to a local hard disk and print extracts from the Website solely for your personal reference use. You may also recopy downloaded extracts to others provided you do not do so for profit and do not copy any of the Website’s data, in whole or in part, for any other purpose whatsoever. However, reproduction of part or all of the contents in any form is prohibited unless for personal reference and non-business use. None of the content of the Website may be copied or otherwise incorporated into or stored in any other Website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other). You may not modify, distribute or reproduce the contents of the Website, in whole or in part in any manner and for any other use without the prior written consent of Arthian Limited.

5.3    You may not remove any product identification, copyright notices or other notices from Arthian Limited’s materials or copies of Arthian Limited’s materials on this Website which you may have made or printed for your own personal use.  For the avoidance of doubt, framing of this Site or any part of it is not permitted without express permission from Arthian Limited. Notwithstanding the above, caching of this Site is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

5.4    Any third-party product or company names and devices, logos, icons, graphics or designs referred to on the pages of the Website 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 Arthian Limited intends no infringement of such marks.

5.5    The appearance or absence of product, services, companies, organisations, home pages or other websites on the Site does not imply the endorsement, or non-endorsement, thereof by Arthian Limited. All rights not expressly granted are reserved by Arthian Limited.

6.  Amendments to Terms and Conditions

6.1   Arthian Limited reserves the right to vary these Terms and Conditions from time-to-time. The User’s continued use or access of the Website after such variation shall be deemed to confirm the User’s acceptance of any such variation. It is the User’s responsibility to check these Terms and Conditions regularly to determine whether any such variation has been made. If the User does not wish to be bound by any varied Terms and Conditions it should cease using and accessing the Website immediately.

6.2     Arthian Limited reserves the right to revise or amend the Website at any time or to restrict your access to any aspect of the Website for whatever reason.

7.  Severability

If any provision of this Agreement shall be prohibited by or adjudged by a Court of competent jurisdiction to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered unenforceable as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of this Agreement.

8.  Jurisdiction

8.1   These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. No contract is intended to be formed by your use of this Site and you agree any such formation of contract will not occur without the written consent of Arthian Limited. You hereby agree that in any contract that is formed by your use of this Site the place of performance will be Scotland.

8.2   The Scottish courts shall have exclusive jurisdiction to determine any dispute relating to your access to and use of the Site including any contract arising therefrom.  You are responsible for compliance with any applicable laws of the country from which you are accessing the Site.

9.  Indemnity

You agree to indemnify and do hereby indemnify Arthian Limited against all costs, expenses (which shall include but not be limited to reasonable legal costs and outlays), losses and damages arising from or incurred as a consequence of any claims or demands arising from or flowing from your breach of these terms.

10. Contact

Should you have any queries or questions on the content of our Terms and Conditions of Use or on the content of this Website, please contact Suzanne Lindsay, Operations Manager via email at: info@arthian.com.