Terms & Conditions
These Terms and Conditions ("Conditions") form a legal agreement between you, as a user of the Website (defined below) or as a Client (defined below) and Invicta Public Affairs Limited, a company incorporated in Scotland under the Companies Acts (Registered Number: SC327313) and having its registered office address at 5 Coates Crescent, Edinburgh, EH3 7AL ("We", "Us" or "Our"). Use of the Website and registering with the Website, will be governed by these Conditions and We expect you to read through them carefully. If you do not agree to these Conditions, you may not use or register with this Website.
In these Terms and Conditions, the following words shall have the meanings set opposite:-
"Client" means a client of Ours who, or which has, instructed Us to undertake work on his, her or its behalf as outlined and governed by Our terms and conditions issued prior to commencing the work. For the avoidance of doubt these Conditions do not govern the terms under which We will undertake work on a Client's behalf;
"Intellectual Property" means patents, copyright and related rights, registered and unregistered trade marks, domain names, rights to goodwill, rights in registered and unregistered designs, rights in computer software (including source code and object code), database rights, rights in confidential information and any other intellectual property rights in the United Kingdom and/or elsewhere, in each case whether registered or unregistered and including all applications (or rights to apply) for any of the foregoing;
"Personal Information" means the information provided by you, on registering with the Website including but not limited to your name and email address; and
"Website" means the website located at www.invictapa.co.uk and any subsequent URL which may replace it.
2.1 We reserve the right to change these Conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Website after changes are posted constitutes your acceptance of these Conditions as modified.
2.2 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended or as contained or any subsequent re-enactment thereof.
2.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
To receive Our marketing material and updates, which We believe you may be interested in, you must register with this Website and provide certain Personal Information to Us.
4. Personal Information
4.1 When you register with this Website you will be asked to provide Personal Information. We may also collect information about your usage of Our Website as well as information about you from emails or letters you send to Us or any telephone calls you make to Us.
4.2 All Personal Information collected by Us will be used and held in accordance with the Data Protection Act 1998 to allow Us to notify you with updates regarding Our products and services and/or any updates which We think you may be interested in. By agreeing to these Conditions, you agree to receive such information. If you no longer wish to receive such information, please contact Us as detailed in Condition 10.
4.3 The Personal Information you provide to Us will not be transferred to third parties including those outside the European Economic Area, unless required to do so by law and subject to Condition 4.4.
4.4 If We enter into a joint venture or sell or merge with another business entity, your information may be disclosed to Our new business partners or owners, but shall only be used for similar purposes for which your Personal Information was collected.
4.5 We employ security measures to protect your Personal Information from access by unauthorised persons and unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period of time to allow Us to provide you with information or as long as the law requires.
4.6 You are entitled to see the information held about you and you may ask Us to make any necessary changes to ensure that it is accurate and up-to-date. If you wish to do this, please contact Us in accordance with Condition 10. We are entitled by law to charge a fee of £10 to meet that cost in providing you with details of the information We hold about you.
5. Intellectual Property and Right to Use the Website
5.1 You acknowledge and agree that all Intellectual Property Rights in all material or content supplied as part of the Website shall remain at all times vested in Us. You are permitted to use this Website and the material contained therein only as expressly authorised by Us and only for lawful purposes. All rights are reserved unless expressly stated herein.
5.2 We reserve the right to refuse access to the Website and/or modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you and you confirm that We shall not be liable to you or any third party for any modification to or withdrawal of the Website.
5.3 We have not reviewed other websites that may be linked to this Website and are not responsible or liable for the content including any error, omission, obscenity or inaccuracy contained on any linked pages or other websites linked to this Website.
5.4 Both parties shall use reasonable efforts to ensure that when using this Website no viruses, trojan horses or any other codes containing contaminating or destructive properties are transmitted. We shall have no liability in the event that the same are transmitted during the course of using this Website. You acknowledge that the software in general is not error or bug free and agree that the existence of such shall not constitute a breach of these Conditions.
5.5 On occasion, you as a Client, will provide Us with testimonials about Our service. We understand that any copyright arising from these testimonials rests with the creator and not with Us. However, by sending the testimonial to Us, you hereby acknowledge and confirm that the copyright in the testimonial belongs to you and you hereby grant Us permission to display the testimonial on Our Website, at Our sole discretion, and to use your testimonial in any of our advertising and/or marketing should We so choose. You also warrant that by providing us with your testimonial and by granting Us the rights granted in this Condition 5.5, neither party is infringing any third party intellectual property rights or any other third party rights.
6. Limitation of Liability
6.1 The information presented on the Website is made available on an "as is" and on an "as available" basis without any representation or endorsement made and is believed to be accurate but should not be relied upon for any particular purpose. We shall not be liable for the functionality, content or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available.
6.2 In no event will We be liable for any claims, losses or damages, including without limitation indirect or consequential damages arising from use or loss of use of the Website, including loss of data or profits, whether in an action of contract, negligence or other delict action, arising out of or in connection with use of the Website.
6.3 Nothing in the Conditions shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our representatives, agents or employees.
7. Exclusion of Warranties
Except as otherwise expressly provided, we make no representations or warranties and expressly exclude the same whether express, implied or otherwise in so far as we are not prevented by legislation from so doing.
8. Force Majeure
Neither party shall be in breach of these Terms and Conditions nor liable for any failure or delay in performance of these obligations under these Conditions arising from or attributable to acts, events, omissions or circumstances purely beyond its control.
In the event of a query or complaint about the Website or if you would like to stop receiving information from Us, please email Us at firstname.lastname@example.org or call Us at 0131 220 0159.
10. Governing Law
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.