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ABOUT OUR TERMS

  • These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between Ardersier Port (Scotland) Limited (trading as Haventus) (we, us or our) and you, the person accessing or using the Site (you or your).
  • You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.

ABOUT US

  • We are Ardersier Port (Scotland) Limited (trading as Haventus), a company registered in Scotland under company registration number SC698452. Our registered office is at Ardersier Port Approach, Ardersier, Inverness, Scotland IV2 7QX.
  • If you have any questions about the Site, please contact us by sending an email to enquiries@haventus.com.

USING THE SITE

  • Other than in respect of the use of Cezanne, the Site is provided by us to you for information purposes only. The Site is provided to you free of charge.
  • You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
  • We make no promise that the Site is appropriate or available for use in locations outside of the United Kingdom (UK). If you choose to access the Site from locations outside of the UK, you acknowledge that you do so at your own initiative and are responsible for compliance with local laws where they apply.
  • We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details in Clause 2.
  • Use of Cezanne may require registration.
  • We are not obliged to permit anyone to access, use and/or register with Cezanne and we may refuse, terminate or suspend access to anyone at any time.
  • You are responsible for making sure that your password and any other account details for Cezanne are kept secure and confidential.
  • If we have reason to believe there is likely to be a breach of security or misuse of Cezanne through your account or the use of your password, we may suspend or terminate your account.

OTHER TERMS AND CONDITIONS

  • Please note that all of our products and services are subject to the terms and conditions of any applicable agreements governing their use.

ACCEPTABLE USE

As a condition of your use of the Site, you agree not to use the Site:

  • for any purpose that is unlawful under any applicable law or prohibited by these Terms;
  • to commit or promote any act of fraud or unlawful activity;
  • to distribute viruses or malware or other similar harmful software code;
  • for the purposes of promoting unsolicited advertising or sending spam;
  • to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  • in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
  • in any manner that harms other people, including minors;
  • to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  • in violation of any third party’s terms and conditions which apply to the use of any part of the Site and/or the use of Cezanne; or
  • to gain unauthorised access to or use of computers, data, systems, accounts or networks.

As a condition of your use of the Site, you agree not:

  • to misuse or attack our Site by knowingly or negligently introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack); or
  • to attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
  • We reserve the right to require you to immediately remove any link you may make to the Site (for example, through another website) at any time, and you shall immediately comply with any request by us to remove any such link.
  • We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.

INFRINGING CONTENT

  • If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details in Clause 2. We will use reasonable efforts to identify and remove any content on this Site that is inappropriate, defamatory or infringes intellectual property rights.

YOUR PRIVACY AND PERSONAL INFORMATION

  • Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
  • Please also see the privacy notice and cookies policy relating to Cezanne on the website at https://cezannehr.com/legal/privacy/.

OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS

  • The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors (as applicable).
  • We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  • Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it in accordance with these Terms. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
  • Use by you of any Content (including any trade marks) on the Site is strictly prohibited unless you have our prior written permission or the prior written permission of the relevant licensor.

SUBMITTING INFORMATION TO THE SITE

  • We may, from time to time, make submission forms available on the Site. Any submission you make to our submission forms must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
  • While we try to make sure that the Site is secure, we cannot guarantee that it is and we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
  • Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

ACCURACY OF INFORMATION AND AVAILABILITY OF THE SITE

  • We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot guarantee that it will be. You are responsible for configuring your own information technology and computer programmes in order to safely access the Site.
  • We do not guarantee that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
  • We may suspend or terminate access to or operation of the Site (or any part of it) at any time as we see fit.
  • Any Content is provided for your general information purposes only and to inform you about us and our products and services and news, features, and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute commercial, technical, financial, tax or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
  • While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted. The Site and its Content may be updated, amended, removed or replaced from time to time without prior notice.

HYPERLINKS AND THIRD PARTY SITES

  • The Site contains hyperlinks or references to third party advertising and websites other than the Site, including to Cezanne. Any such hyperlinks or references are provided for your convenience only. We have no control over third party software, advertising or websites and accept no legal responsibility for any content, material or information contained in them. Third party software being accessible via the Site (including Cezanne) and/or the display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that software or third party’s website, products or services. Your use of a third party site or software may be governed by the terms and conditions of that third-party site or software and is at your own risk.

OUR RESPONSIBILITY TO YOU

  • Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
  • We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

If you are a business

  • If you are a business accessing this Site we are not (and our officers, directors, employees, agents and representatives are not) responsible for any direct, indirect, special, incidental, consequential, exemplary, punitive or any other losses, damages, costs or expenses whatsoever and howsoever caused, arising out of or in connection with your use of the Site or reliance on the Content available on the Site or you transmitting or receiving information to or from us over the internet (including without limitation any loss or damage which may arise from or in connection with your use of or inability to use, interruption to, delay or the unavailability, operation or transmission of, this Site, or from a computer virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any Content from it), including any loss of use, loss of data, loss of profits, loss of business or business interruption, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, wasted expenditure, or any other loss, whether in an action of contract, negligence or other tortious action, or breach of statutory duty, even if we have been informed of the possibility these losses.
  • If you are a consumer, please note that we provide our Site to you for domestic, non-commercial and private use only. You agree not to use our Site for any commercial or business purposes.

If you are an individual:

  • If we breach these Terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time these Terms were formed, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
  • We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.

NO THIRD PARTY RIGHTS

  • No one other than us or you has any right to enforce any of these Terms.

VARIATION

  • No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this Clause 14.
  • We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations

SEVERABILITY

  • If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

COMPLAINTS

  • We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out in Clause 2.
  • The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
  • Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.