Terms of Use
Introduction
These are the Website Terms of Use of Bakkafrost Scotland Limited (SC107275) ("BFS", "we", "our", "us"). BFS is part of the P/F Bakkafrost Group. We are registered in Scotland and have our registered office at 28 Drumsheugh Gardens, Edinburgh, Scotland, EH3 7RN. Our VAT number is GB789804955.
These terms tell you the rules for using our websites and you should read them carefully, as by using our websites you accept these terms. If you do not agree to these terms, you must not use our websites.
· https://www.bakkafrostscotland.com/
· https://www.nativehebrideansalmon.com/
· https://bakkafrostshop.co.uk/
If you have any questions about these terms, including any requests to exercise your legal rights), please contact: please email communications@bakkafrost.com or write to the Data Protection Lead, 28 Drumsheugh Gardens, Edinburgh, Scotland, EH3 7RN. 0131 718 8400
Our Privacy Policy explains how we collect, use and store your personal data. Our Cookie Policy sets out information about the cookies on our websites. If you purchase goods or services from our online shop (as a consumer) our Consumer Terms of Sale will apply to the sales as provided to you at the time of purchase. If you are business and purchase good or services from us, then our separate terms and conditions of sale apply as provided at the time of purchase.
Changes to these terms
We amend these terms from time to time. If there are any substantial amendments, we will let you know by posting a prominent notice on our websites.
Permitted territory
Our websites, their content and any services provided in relation to them same are only targeted to, and intended for use by, individuals located in the United Kingdom. We do not represent that content available on or through our websites is appropriate for use or available in other locations.
Changes to our websites
Our websites are made available free of charge. We may update and change our websites from time to time to reflect changes to our products, our users' needs and our business priorities.
Suspend or withdraw our websites
Our websites are available free of charge. We do not guarantee that our websites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our websites for business and operational reasons.
We may transfer our agreement with you to someone else
We may transfer our rights and obligations under these terms to another organisation.
Keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us in writing.
Use of material from our websites
We are the owner or the licensee of all intellectual property rights in our websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our websites for your personal use and you may draw the attention of others within your organisation to content posted on our websites.
However, 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. The authors of content on our websites, must always be acknowledged (except where the content is user-generated). You must not use any part of the content on our websites for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our websites in breach of these terms, your right to use our websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made
No text or data mining, or web scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our websites or any services provided via, or in relation to, our websites for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
· Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our Site or any data, content, information or services accessed via the same.
· Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlation.
· These provisions are an express reservation of our rights, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790) and the Copyright, Designs and Patents Act 1988.
You shall not use, and we do not consent to the use of, our Sites, or any data published by, or contained in, or accessible via, our Sites or any services provided via, or in relation to, our Sites for the purposes of developing, training, fine-tuning or validating any AI system or model.
This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Rules about linking to our websites
You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may only link to page, other than our home page, on our websites with our prior consent. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our websites in any website that is not owned by you. Our websites must not be framed on any other website, nor may you create a link to any part of our websites other than the home pages. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our websites other than that set out above, please contact us.
Our trading names and logos are ours
Bakkafrost, Lochlander, Native Hebridean, Bakka Salmon, the names and stylised logos, are trademarks of ours and/or the Bakkafrost Group. You are not permitted to use them without our prior written approval.
Uploading content to our websites
Whenever you make use of a feature that allows you to create content directly on our website or upload or share content to our websites (such as customer reviews) you must comply with the standards set out in our Content Standards Policy.
You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the standards We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our website violates their intellectual property rights or their right to privacy. We will consider any content you upload to our site to be non-confidential. You grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our business and our websites and across different media.
User-generated content is not approved by us
Our websites may include unverified or unapproved information and materials uploaded by others. The views expressed by other users on our websites do not represent our views or values. We do however retain the right to monitor or remove posts which contravene law or our content standards policy.
Do not rely on information on our websites
The content on our websites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our websites.
Although we make reasonable efforts to update the information on our websites, we make no representations, warranties or guarantees, whether express or implied, that the content on our websites are accurate, complete or up to date.
We are not responsible for websites we link to
Where our websites contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over such content.
We are not responsible for viruses
We do not guarantee that our websites will be secure or free from bugs or viruses. You should use your own virus protection software.
You must not introduce viruses
You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our websites or any part of it. You must not attempt to gain unauthorised access to our websites, the server on which our websites are stored or any server, computer or database, or any other equipment or network connected with our websites. You must not interfere with, damage or disrupt any software used in the provision of our websites or any equipment or network or software owned or used by any third party on which our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 or other equivalent legislation. We will report any such breach to the relevant authorities, and we will co-operate with them by disclosing your identity.
Our responsibility for loss or damage suffered by you (consumer or business user)
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
- This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
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Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our terms and conditions of supply.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our websites; or use of or reliance on any content displayed.
- In particular, we will not be liable for; loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
If you are a consumer:
- As a consumer, we only provide our websites to you for domestic and private use. You agree not to use our websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms, their subject matter and their formation, are governed by Scottish law. We both agree that the courts of Scotland will have exclusive jurisdiction, except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of England and Wales, you may also bring proceedings in England and Wales.
If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.