Terms & Conditions
1.0 Hello, and thanks for visiting http://xsitebraehead.com.
1.3 If you do anything in breach of these terms, we may terminate your right to use the Site.
1.4 We do occasionally update these terms so you should return to this page and read it through again from time to time. The last time we updated these terms was during November 2020. Your use of the Site will be taken as your acceptance of the latest version of these terms.
2 Are there any eligibility requirements to use the Site?
2.1 In order to operate the Site responsibly we do need to apply a few simple rules as follows:
(b) The Site is designed for use within the UK. If you are accessing the Site from outside the UK, you will be responsible for compliance with any local laws that may affect its’ use, to the extent where such laws may be applicable.
3 What other rules apply?
3.1 You may only use the Site for your own personal, non-commercial and lawful use, and only in accordance with these terms.
3.2 You are not allowed to:
(a) scrape the Site, create a database based on its contents or do anything similar,
(b) hack or attempt to breach security or interfere with the proper working of the Site,
(c) use the Site for anything illegal or immoral, including the sending of any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive, infringes intellectual property rights or the rights of any person, or which, in opinion is contrary to the standards of behaviour that we expect from users of the Site or which may have a detrimental impact upon reputation.
(d) use the Site to transmit any data that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, or
(e) create links to the Site from any other website without our prior written permission.
4 What about access to the Site and its content?
4.1 It is your responsibility to ensure that your computer or device meets all the necessary technical requirements to access and use the Site.
4.2 Like all websites, it is not possible to guarantee the Site will always be available or that it will be error-free. Also, we may withdraw, modify or suspend the Site at any time.
4.3 We are not responsible for any content on the Site from the retailers. Also, we cannot give any guarantee, representation or warranty as to the accuracy, completeness, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site.
4.4 We cannot guarantee that any content of the Site will be free from viruses or similar code. It is your responsibility to implement appropriate anti-virus software and firewalls to protect your devices and content.
5 Who owns the Site and its contents, and what are my rights?
5.1 We grant you a limited non-transferrable license to browse the Site and to make personal use of the Site in accordance with these terms.
5.2 We and our licensors own all right, title and interest in, and all intellectual property rights (including copyright, database rights, patents, trademarks, designs, know-how, confidential information and any other similar protected rights in any country) in the Site. The brands and logos of the retailers together with images of their products and other website content, are owned by them and their licensors. Nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors except for the licence set out in section 5.1 above.
6 What about privacy?
7 What about links to other websites?
The Site includes links to external websites from the products displayed on our Site. We have no control over the content of these websites or for anything provided by them so we are not able to accept any responsibility for these websites or any loss or damage that may arise from your use of them. The fact that we include links to such external websites does not imply any endorsement of, or association with, their operators or their products.
8 What warranties and liability apply?
8.1 We do not exclude our liability:
(a) for fraudulent misrepresentation;
(b) for death or personal injury caused by our negligence, or
(c) for anything else we are not allowed to under applicable law.
8.2 Subject to those areas we don’t exclude as explained in section 8.1 above:
(a) You understand and agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk, and we are not liable for damages or loss you may suffer as a result of using or relying on it (or from its unavailability) including any businesses losses of any kind, any loss of profits, lost bargain, wasted time, or for any indirect or consequential losses.
(b) We are not responsible for the retailers on the Site, for your orders or deliveries, or for their products and services, or any related problems you may suffer.
(c) We do not make any representations warranties or terms about the Site or its operation or contents that are not set out in these terms, including any relating to fitness for purpose, quality, whether the Site will meet your requirements, its availability, the products or services available from retailers on the Site, or their availability or delivery.
(d) In any event, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
9 What law applies?
These terms and conditions are governed by Scottish law, and any dispute regarding them or the Site will only be dealt with by the Scottish courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
10 What other general provisions apply?
10.2 If any part of these terms is unenforceable for any reason then it will be removed, and the remaining terms shall survive.
10.3 If we fail to enforce any of these terms, or delay in doing so, we do not waive our right to do so.
10.4 These terms may not be changed by you unless we agree in writing.
11 How can I contact you?
Please submit any questions, concerns or comments you have about these terms and conditions or any problems concerning the Site by email to [email protected]