Terms & Conditions
1.INFORMATION ABOUT US
- We are Malin Group Limited, a company registered in Scotland with company registration number SC571623, having its registered office at South Rotunda, 100 Govan Road, Glasgow, Scotland, G51 1AY, United Kingdom. (“MALIN”, “We” or “Us” or “Our”). We use the trading and brand names “Malin Group” and “Malin”. These Terms apply to all subsidiaries of the Malin Group and details of our current group companies can be accessed here: https://malingroup.com/group-companies.
- If You have any questions, complaints or comments on the Website then You may contact Us on [email protected] use the “Contact Us” feature on the Website or use the alternative addresses in paragraph 16.
- Our VAT number is GB332 0349 40.
2. ACCESS AND REGISTRATION
- Access to the Website is permitted on a temporary basis and We reserve the right to withdraw or amend the Website without notice to You. We will not be liable if for any reason the Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for You to have access to the Website. You are also fully responsible for ensuring that any person who has access to the Website through Your internet connection is aware of these Terms, and that they comply with them.
- We may at Our sole discretion restrict access to some parts of the Website or Our entire site to limited groups of users such as users who have registered with Us.
- Certain sections of this Website are available to registered users only.
3.INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws of England & Wales, international copyright treaties and all other applicable copyright and intellectual property laws around the World.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.YOUR USE OF THE WEBSITE OR VISITOR MATERIAL AND CONDUCT
- You agree to use the Website (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which You access the Website. You agree that in using the Website (or any part thereof) You will not:
(a) use the Website in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity;
(b) transfer files to or through the Website that contain viruses, Trojans, worms or anything else that is malicious or technologically harmful or that may interfere with, interrupt or disrupt the normal operation of the Website;
(c) introduce or transfer through the Website material that is defamatory, libellous, obscene, offensive, threatening, menacing or blasphemous, or material that may cause annoyance inconvenience or needless anxiety;
(d) use the Website in a way to cause it to be interrupted, damaged, rendered less efficient or in a way so that the effectiveness or functionality of the Website is impaired;
(e) use the Website in a manner that infringes the rights of another person, firm or company (including, without limitation, intellectual property rights, confidentiality rights or rights of privacy);
(f) do anything that would seek to bypass or interfere with any security features of the Website, or interfere with any of Our websites, servers, or networks;
(g) attempt to gain unauthorised access to any part or component of the Website, the server on which the Website is stored or any server, computer or database connected to the Website; and
(h) upload files which contain an active hypertext link to another website.
- In the event that You have a claim against another user of the Website arising out of that user’s use of the Website, You agree to pursue such right, claim or action independently of and without recourse to Us.
5.YOUR LEGAL OBLIGATIONS
- You confirm that: (a) all information and details provided by You to Us are true, accurate and up to date in all respects and at all times;
(b) You will comply with the restrictions on Your use of the Website as set out in paragraph 4 and as set out elsewhere in these Terms; and
(c) 5.1.3 in relation to any material submitted to the Website, You have the right to do so and have obtained all necessary licences and or approvals.
- You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use of the Website including any breach or suspected breach of these Terms or Your violation of any law or the rights of a third party.
6.LINKING TO THE WEBSITE
- You may only establish a link to the Website with our express written permission by contacting us at [email protected]
- Any permission granted to us for You to establish a link to Our website is strictly subject to the following conditions:
- (a) the link is to a website owned by You;
(b) the link is fair and legal and does not damage Our reputation or take advantage of it;
(c) the link does not suggest any form of association, approval or endorsement on Our part where none exists; (d) You do not remove or obscure advertisements, copyright notices or any other proprietary, legal or trademark notices on the Website; and
(e) the Website is not be framed on any other site.
- We reserve the right to withdraw Your linking permission without notice and You must immediately stop providing links to the Website if so notified by Us.
7.LINKS TO THIRD PARTY WEBSITES
- We may provide links to other websites from time to time (via advertising or otherwise). We do not supply reciprocal links to third party websites solely because they have linked to Us. These links are provided for Your ease of reference and information only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that We will not be party to any transaction or contract with a third party that You may enter into and We shall not be liable to You in respect of any loss or damage which You may suffer by using those websites. You agree that You will not involve Us in any dispute between You and the third party.
8.SECURITY AND PRIVACY
- We will not collect any personably identifiable data without receiving your expressed consent. If you have previously provided personally identifiable information via this site you may request that all reasonable efforts to remove this data be made by contacting us at [email protected]
- Any information provided via this site may be used for marketing and communications purposes. We may disclose this data with selected third parties for the same purpose. Further, this data may be shared within the Malin group of companies. By submitting personal information you are agreeing to the data being stored and used in this way.
- We may co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of or locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which We may be required by law to disclose information about You or Your use of the Website.
- We may investigate any reported breach of these Terms or complaints and take any action that We deem appropriate (which may include, without limitation, removing any of Your information, issuing warnings, suspending, restricting or terminating Your access to and/or removing any Materials from the Website. We also reserve the right at Our discretion to suspend, restrict or terminate Your access to this Website at any time without notice if We have reasonable grounds to believe that You have breached any of the restrictions in this paragraph.
- You agree to indemnify Us against all claims, liability, damages, losses, costs and expenses, (including legal fees), suffered by Us and arising out of any breach of the Terms by You (including in relation to any Materials submitted by You) or any other liabilities arising out of Your use of the Website or the use by any other person accessing the Website using Your internet account.
10.ACCURACY OF INFORMATION
- Whilst We use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to Our attention, We do not promise that the information on the Website itself will be free from errors or omissions.
- We do not promise that the Website will be available uninterrupted and in a fully operating condition and We cannot guarantee that any files that You download are free from viruses, contamination or destructive features.
- Access to the Website may be suspended and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond Our control.
- All content on the Website is provided on an ‘as is’ and ‘as available’ basis. We do not make any representation or make any promise (whether express or implied) in respect of the Website or its content, including, without limitation, its accuracy, any advice given and statements made on or via the Website or forward-looking statements. Therefore, We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any visitor to the Website, or by anyone who may be informed of any of its contents. Any decisions or action taken by You on the basis of information provided on or via the Website are at Your sole discretion and risk.
- To the extent permitted by law, We and all other members of the James Fisher group of companies hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
(b) any liability for any direct, indirect or consequential loss or damage incurred by You in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time;
(viii) computer failure; and
(ix) for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.CHANGES TO THE WEBSITE
- We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to our site.
12.CHANGES TO THESE TERMS
- We may amend these Terms at any time. All such changes will take effect once they have been posted on the Website and You will be deemed to have accepted any such changes by Your use of the Website from such time.
- If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
14.GOVERNING LAW AND JURISDICTION
- These conditions of use are governed by the laws of Scotland and you agree that the Scottish courts shall have exclusive jurisdiction in any dispute. If You have any questions concerning these Terms or the content of the Website, or should You wish to make any use of material on the Website other than that set out above, please contact us at [email protected]
All rights not expressly granted in these Terms are reserved by Malin Group Limited.
These Terms are dated January 2022.
Thank you for visiting our Website.