1. Definitions
In these Terms of Service (the Terms):
- CaledonianAllTrades, we, us or our means the operator of the website identified below.
- Site means the website available at caledonianalltrades.co.uk and all associated pages, features and content under our control.
- Services means the information, features, and any services we make available through the Site.
- User or you means any person who accesses or uses the Site, whether on their own behalf as a consumer or in the course of business.
- Content means all text, graphics, images, audio, video, data, software, code and other material available on or through the Site.
- Consumer means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.
2. Acceptance of the Terms
By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site. You should print or save a copy of these Terms for your records.
You confirm that you are at least 18 years old, or, if you are under 18, that you are using the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
We may update these Terms from time to time. Changes will take effect when posted on the Site. Your continued use of the Site following any update constitutes acceptance of the updated Terms.
3. About Us and Contact
The Site is operated under the name CaledonianAllTrades. You can contact us using the contact details published on the Site. If you write to us regarding these Terms or data protection, please state the subject clearly (for example, “Terms of Service” or “Data Protection”).
Any information on the Site about our trading status (for example, whether we operate as a sole trader, partnership or company), our geographic address, company registration number and VAT number (if applicable) constitutes our legal and regulatory information for the purposes of applicable UK law, including the Electronic Commerce (EC Directive) Regulations 2002.
4. Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. In particular, you must not:
- Use the Site in any way that breaches applicable law or regulation, or that is fraudulent or misleading.
- Infringe the rights of any person, including privacy, intellectual property and other proprietary rights.
- Introduce viruses, malware or other harmful code, or attempt to gain unauthorised access to the Site, our servers or any connected systems.
- Scrape, harvest, index or otherwise collect data from the Site by automated means without our prior written consent.
- Interfere with or disrupt the operation of the Site or the use of the Site by others.
We may suspend, restrict or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have breached these Terms or if we need to do so to maintain or improve the Site, comply with law, or protect our rights or those of others.
5. Information on the Site
The Content on the Site is provided for general information only. While we aim to keep information accurate and up to date, it may not always reflect the latest developments, and it may be subject to change without notice. No Content constitutes professional, technical or legal advice; you should obtain appropriate advice before relying on any information provided through the Site.
Any estimated timelines, availability indications or pricing information shown on the Site are illustrative only and not binding offers. A binding contract for any services is formed only when expressly agreed between you and us on confirmed terms and, where applicable, in a written order, booking confirmation or service agreement.
6. Intellectual Property
We and our licensors own all intellectual property rights in and to the Site and the Content, including copyrights, design rights, database rights, trade marks and trade names. All such rights are reserved.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for your personal, non-commercial use, or for internal business purposes where you are a business user. You must not copy, reproduce, modify, adapt, translate, create derivative works from, distribute, sell, rent, lease, lend, publicly perform or display, transmit or otherwise exploit any Content without our prior written permission or the permission of the relevant rights holders.
Any trade marks, logos and service marks displayed on the Site are our property or the property of third parties. No licence or right in any trade mark is granted to you by your use of the Site.
7. User Submissions
If you submit or upload any content to the Site (for example, through forms, reviews or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any media for the purposes of operating, promoting and improving the Site and our Services. You also grant other users of the Site a non-exclusive licence to access your content through the Site and to use such content as permitted by the functionality of the Site and these Terms.
You represent and warrant that you own or otherwise control all rights in and to any content you submit, that such content is accurate and lawful, and that our use of it in accordance with these Terms will not infringe the rights of any person or breach any applicable law.
We may remove any user content at any time if we reasonably believe it breaches these Terms or is otherwise inappropriate.
8. Third-Party Websites and Services
The Site may include links to or integrations with third-party websites, services or resources. We have no control over, and are not responsible for, the content, availability, security, performance or practices of third parties. Your use of third-party websites or services is at your own risk and may be governed by the terms and policies of those third parties.
9. Privacy and Personal Data
We are committed to protecting your personal data. We act as the data controller when we determine the purposes and means of processing personal data collected through the Site.
We process personal data in accordance with UK data protection law, including the UK General Data Protection Regulation and the Data Protection Act 2018. We process your personal data for purposes such as:
- Responding to your enquiries and providing our Services;
- Managing relationships with clients and prospective clients;
- Operating, maintaining and improving the Site, including security and fraud prevention;
- Complying with legal obligations and exercising or defending legal claims.
We rely on one or more lawful bases for processing, which may include your consent, performance of a contract or steps taken at your request prior to entering into a contract, compliance with legal obligations, and our legitimate interests (for example, to operate our business and keep the Site secure), provided those interests are not overridden by your rights.
We apply appropriate technical and organisational measures designed to protect personal data. We retain personal data only for as long as necessary for the purposes for which it is processed and to meet legal, accounting or reporting requirements.
You have rights in relation to your personal data, including the rights to access, rectification, erasure, restriction, objection to processing, and data portability, subject to conditions and exemptions in law. You also have the right to lodge a complaint with the Information Commissioner’s Office (ICO) if you are unhappy with how we handle your data.
To exercise your rights or to contact us about privacy matters, please use the contact details published on the Site and state “Data Protection” in your message.
The Site may use cookies and similar technologies to enable functionality, analyse usage and improve performance. Your browser settings may allow you to manage cookies; disabling cookies may affect the operation of some Site features.
10. Disclaimers
The Site and Content are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions, whether express or implied, including implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, and that the Site or Content will be accurate, complete, uninterrupted, secure or error-free.
We do not warrant that the Site will be free from viruses or other harmful components. You are responsible for configuring your information technology, computer programs and platform to access the Site and for using your own virus protection software.
11. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for breach of statutory rights that cannot be excluded.
If you are a consumer, nothing in these Terms affects your statutory rights.
To the fullest extent permitted by law:
- We shall not be liable for any loss or damage that was not reasonably foreseeable when you started using the Site.
- We shall not be liable for any loss or damage arising from your use of, or reliance on, the Site or Content where you have not taken reasonable steps to verify information or to obtain appropriate advice.
- We shall not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
If you are a business user, and subject to the first paragraph of this section, our total aggregate liability to you arising under or in connection with these Terms, the Site or the Content (whether in contract, tort, negligence, breach of statutory duty or otherwise) shall be limited to £1,000.
12. Changes to the Site
We may update, modify, suspend or withdraw the Site or any part of it at any time without notice for operational, business or legal reasons. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
13. Suspension and Termination
We may suspend or terminate your access to the Site immediately if we reasonably believe that you have breached these Terms, if required by law, or if we discontinue the Site. Upon termination, the rights and licences granted to you will cease immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, applicable law and jurisdiction) shall continue to apply.
14. Modifications to these Terms
We may revise these Terms at any time by posting the updated version on the Site. Changes take effect from the time of posting. It is your responsibility to check this page from time to time to take notice of any changes. If you do not agree to the changes, you must stop using the Site.
15. Applicable Law and Jurisdiction
These Terms, their subject matter and formation are governed by the laws of Scotland, without regard to conflict of laws principles.
If you are a consumer resident in Scotland, you and we agree that the Scottish courts will have jurisdiction over any dispute arising from or related to these Terms or the Site. If you are a consumer resident in England, Wales or Northern Ireland, you may bring proceedings in your local courts, and we will only bring proceedings against you in your local courts.
If you are a business user, you and we irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
16. Complaints and Dispute Resolution
If you have a complaint about the Site or our Services, please contact us using the contact details published on the Site. We will endeavour to resolve complaints promptly and fairly. We are not obliged to engage in alternative dispute resolution but may consider it in appropriate cases.
17. Miscellaneous
- Entire agreement: These Terms constitute the entire agreement between you and us regarding your use of the Site and supersede any prior agreements or understandings relating to the Site.
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- No waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another organisation in connection with a reorganisation, merger, acquisition or sale of assets.
- Third party rights: No one other than you and us has any right to enforce any of these Terms under the Contract (Third Party Rights) (Scotland) Act 2017 or otherwise.
- Notices: We may provide notices by posting them on the Site or by using any contact details you have provided to us. You may provide notices to us using the contact details published on the Site.