1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, underlying coding, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;
“Rankein Scale Ltd” means Rankein Scale Ltd of Exchange Place 2, 5 Semple Street, Edinburgh, EH3 8BL, UK;
“Service” means collectively any software, online facilities, tools, services or information that Rankein Scale Ltd makes available through the Site either now or in the future;
“System” means the Rankein Scale and any online communications infrastructure that Rankein Scale Ltd makes available through the Site either now or in the future. This includes, but is not limited to, the software for the Service, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Site and uses the Service and is not employed by Rankein Scale Ltd and acting in the course of their employment; and
“Site” means the website that you are currently using (www.rankeinscale.com) and any subdomains of this site unless expressly excluded by their own terms and conditions;
“Terms” means these Terms and Conditions.
2. Changes to the Terms, the Service and the Site
Rankein Scale Ltd reserves the right to update these Terms, the Service and the Site at its discretion and without notice. Your continued use of the Service and the Site following the publishing of updated Terms, Service or the Site means that you accept and agree to the changes.
3. Intellectual Property
Rankein Scale Ltd respects intellectual property rights, and expects its Users to do the same. The Service and the Content provided through the Site is the property of Rankein Scale Ltd and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Rankein Scale (including but not limited to its content) in any manner not covered by this Agreement.
All Content included on the Site is the property of Rankein Scale Ltd, its affiliates or other relevant third parties. By continuing to use the Site you acknowledge that such material is protected by applicable international intellectual property and other relevant laws.
Users may not copy, publish, transmit, distribute, store, reverse engineer or in any other fashion reproduce material from the Site unless given express written permission to do so by Rankein Scale Ltd.
4. Your Account
Certain portions of the Site are available only to registered account users who have been issued with and obtained a password via the Site. By registering with the Rankein Scale you certify that you are authorised to do so. You may not provide or use a password, email address, or any other information about anyone else without the owner's authorization. You agree to provide true, accurate, current and complete information about yourself and/or your organisation when you register with the Rankein Scale, and to maintain and promptly update that information to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, including the selection and use of all Content, the Site and the Service.
5. Use of the Service
All Content and the Service purchased by the User are made available under a personal or institutional use licence which means that the User is not permitted to share or make available any Content or the Service to people other than themselves. You may only use the Content and the Service for lawful purposes and in accordance with these Terms. Rankein Scale Ltd reserves the right to refuse service, terminate accounts or cancel orders at its sole discretion including, without limitation, any activity by anyone in violation of these Terms.
Content contained within User accounts may be used only by the individual or organisation named on the account. Account sharing is not permitted and any User found to be sharing their login details will have their account access blocked.
6. Content Delivery Policy
All Content purchased by the User is made available online automatically by Rankein Scale Ltd. No delivery of physical products is required to access the Content.
7. Links to Other Sites
This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Rankein Scale Ltd or that of its affiliates. Rankein Scale Ltd assumes no responsibility for the content of such sites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
Rankein Scale Ltd endeavours to keep the information on this Site up to date and correct, but makes no representations or warranties of any kind, express or implied, about completeness, accuracy, reliability, suitability or availability with respect to the Site or the information.
Any reliance you place on such information is therefore strictly at your own risk.
10. Availability of the Site
The Service is provided “as is” and on an “as available” basis. Rankein Scale Ltd accepts no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Modifications to the Service
Rankein Scale Ltd reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rankein Scale Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. Limitation of Liability
To the maximum extent permitted by law, Rankein Scale Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site, its Content and the Service at their own risk.
Nothing in these Terms excludes or restricts Rankein Scale Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Rankein Scale Ltd.
Every effort has been made to ensure that these Terms adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these Terms are found to be unlawful, invalid or otherwise unenforceable, that Term is deemed to be excluded from these Terms and shall not affect the validity and enforceability of the remaining Terms. This Term shall apply only within jurisdictions where a particular Term is illegal.
13. Online Transactions
Online transactions including credit card transactions on this Site are secured using SagePay, a credit card processing service used and trusted globally. Rankein Scale Ltd does not store or hold client credit/debit card information.
All payments processed via SagePay are processed via their secure payment gateway terminal and can be cancelled at anytime without penalties.
Either Rankein Scale Ltd or you may terminate this Agreement at any time (subject to any formal agreements entered into between you and Rankein Scale Ltd). Without limiting the foregoing, Rankein Scale Ltd may, at its sole discretion and without liability, terminate a User’s password or use of the Service for any reason, including without limitation if Rankein Scale Ltd believes that the User has violated or acted inconsistently with the letter or spirit of these Terms. Any termination of a User’s access to the Service under any provision of these Terms may be effected without prior notice and Rankein Scale Ltd may immediately deactivate or delete the User’s account and all related information and/or bar any further access to the Service.
15. Law and Jurisdiction
These Terms and the relationship between you and Rankein Scale Ltd shall be governed by and construed in accordance with Scots Law and Rankein Scale Ltd and you agree to submit to the exclusive jurisdiction of the Scottish Courts.