Moray West Website Terms of Use

1. Who are we and how to contact us

www.moraywest.com is a site operated by Moray Offshore Windfarm (West) Limited ("we", “us” or “our”).

We are registered in England and Wales under company number 10515140 and have our registered office at C/O Shepherd And Wedderburn LLP, Condor House, 10 St. Paul's Churchyard, London, United Kingdom, EC4M 8AL. Our main trading address is at 5th Floor, Atria One, 144 Morrison Street, Edinburgh, EH3 8EX. Our VAT number is GB302516840.

To contact us, please email: info@moraywest.com or call us at +44 (0)131 556 7602. You can write to us using our registered office address.

In this document, references to “you” and “your” are to users of our website.

2. Use of our site

General

This policy, together with our privacy policy, in addition to all other documents indicated or linked on this policy (together, the "Terms of Use"), establish the terms and conditions governing the use of our website www.moraywest.com ("our site").

Please read the Terms of Use carefully before you start to use our site. The Terms of Use must be read together with any other legal notices or terms and conditions available on other pages of our site including our cookie policy [https://www.moraywest.com/cookie-policy]. By using our site, you confirm that you accept, and agree to abide by, all the rules and policies set out in the Terms of Use.  If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

Our site may contain links to other websites at different web addresses which are owned and operated by third parties. The Terms of Use do not cover these websites. If you access these websites using the links provided, the operators of these websites may collect and use personal information from you in accordance with their privacy policies, which may differ from ours.

If you use a feature of our site that allows you to upload or post material, or to make contact with other users of our site, you must ensure that all such contributions are compliant with applicable law and that they do not breach any intellectual property, privacy or confidentiality rights of a third party, or any legal or contractual duty owed to a third party.

The views expressed by other users on our site do not represent our views or values. Any material that you upload to our site will be considered non-proprietary and non-confidential.

We will not be responsible, or liable to any third party, for the content or accuracy of any material posted by you or any other user of this site. We may remove any material or posting that you make on our site at our absolute discretion.

When you are asked to provide information in connection with our site, you agree to provide true, accurate, current and complete details.

You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Prohibited Uses

You may use our site only for lawful purposes. You must not use our site:

• in any way that breaches any applicable local, national or international law or regulation, judgment, decree, rule or that has any unlawful or immoral purpose or effect.
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• to transmit, or procure the sending of any unsolicited or unauthorised advertising, promotional material or similar communications;
• to send, knowingly receive, upload, download, publish, post, distribute, disseminate, transmit, use or re-use any material or information which is inaccurate, illegal, defamatory, libellous, obscene, offensive, abusive, hateful, threatening, inflammatory, harmful, infringing, pornographic, discriminatory, indecent, unsolicited, unauthorised, unlawful, objectionable or which may expose you or us to legal action or reputational damage; or
• to threaten, harass, stalk, abuse, disrupt or otherwise violate the rights of others.

You also agree not to:

• reproduce, duplicate, copy or sell any part of our site, unless such action is expressly permitted by the Terms of Use;
• advertise or sell any goods or services to other users of our site or to benefit commercially from its content; or
• access without authority, interfere with, damage or disrupt, any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment, network or software owned or used by any third party.

3. Viruses, hacking and other offences

We have taken appropriate steps to detect computer viruses but we cannot guarantee that our site is free from malfunctions, defects, bugs and viruses; or that the site will operate correctly and as expected, at any given time.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site and for protecting these with your own anti-virus software, firewalls and any other technical measures. We give no warranties as to the compatibility of our site with your information technology, computer programmes and platform.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware, and/or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or which is otherwise malicious or technologically harmful.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack, or in any other way. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and you may also breach other applicable local laws.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

4. Access to our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable for any period.

5. Changes

We may amend the Terms of Use from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time, as they are legally binding on you. We may update and change our site from time to time.

6. Intellectual Property Rights

We are the owner(s) or licensee(s) of all intellectual property rights in our site, material published on it and material made available through it. Those works are protected by copyright laws and treaties around the world and other intellectual property rights. All such rights are reserved.

Subject to the limited exceptions set out below, neither our site nor any part of it may be copied, reproduced, modified, publicly displayed, republished, distributed, extracted or reutilised in any form, without our prior written permission.
 
You may make copies, print or download material published on our site or made available through it for your own personal use, provided that you name the author and specify the source where the copy was taken from and you do not modify the paper or digital copies of any material you have copied, printed or downloaded in any way, and you do not use any illustrations, photographs, video, audio sequences or any graphics, separately from any accompanying text.

You may also provide occasional copies of material published on our site or made available through it, to others, for their personal use only, provided that: you do so free of charge, you do not modify any such copies, any copyright notices remain intact, our status (and that of any identified contributors) as the authors of the material is always acknowledged, your communication of the material is not misleading or inaccurate and you inform the relevant third party that the Terms of Use apply to them.

You must not use any part of the material held on our site or made available through it for commercial or business purposes without obtaining a licence to do so from us or our licensors. The reproduction by whatever means of the whole or any part of any content/materials is strictly forbidden for any commercial related purpose. In the event that you utilise any content/materials in a commercial related way that is not allowed by the Terms of Use, we reserve the right to seek damages.

If you print, copy or download any part of the material held on our site or made available through it in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
 
Access to, and use of, this website and/or its contents does not confer any rights upon you with regard to any of the trade names, logos or specific graphic symbols or other intellectual property rights which our site includes and which are protected by law.

7. Website Linking

Links to our site are not permitted without our prior and express written consent, which can be requested at info@moraywest.com.

Our site must not be framed on any other site.

8. Breach of Terms of Use

When we consider that a breach of the Terms of Use has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any post uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of the Terms of Use. The actions we may take are not limited to those described above or otherwise in the Terms of Use, and we may take any other action we reasonably deem appropriate.

9. Disclaimer

Do not rely on information on our site

The content on our site 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 site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for website we link to

Where our site contains links to other sites 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 the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Limitation of our Liability

Except as required otherwise by applicable law, we do not accept any responsibility and shall not be liable for any loss or damage whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

• use of or reliance on any information, opinions, content and/or material held on our site or made available in connection with our site: or
• interruption or delay in access, use of, or inability to use or access, our site,

including but not limited to: loss of profits, sales, business, or revenue; loss of data; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; wasted management time; or any indirect or consequential loss or damage.

To the fullest extent permitted by applicable law, we exclude all conditions, warranties and representations in relation to our site or any content on it, whether express or implied.

Except as required otherwise by applicable law, we will not be liable for any loss or damage caused to your information technology, computer programmes, platform, data or other proprietary material arising in connection with your use of our site.

11. Indemnification

You agree to indemnify, defend and hold us and each of our agents, directors, employees, information providers, licensors and licensees, officers, parents, subsidiaries and affiliates (collectively “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms of Use. You will cooperate as fully as reasonably required in our defence of any such claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. In no event shall you settle any such matter without our express prior written consent.

12. Governing law and jurisdiction

The Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We and you agree to the exclusive jurisdiction of the courts of England and Wales.

13. Severance

Should one or more provisions of the Terms of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity and enforceability of the remaining provisions of the Terms of Use. In place of any provisions which are invalid or not incorporated in the Terms of Use the relevant statutory provisions shall apply. In all other cases, the parties shall agree a valid provision to replace the invalid or unenforceable provision which reflects as closely as possible the original economic purpose, provided a supplementary interpretation of the Terms of Use does not have precedence or is not possible.

14. Waiver

Our rights under these Terms of Use may only be waived expressly in writing.

Privacy Policy and Cookie Policy

Our Privacy Policy and Cookie Policy also apply to your use of our site.

Our Privacy Policy [https://www.moraywest.com/privacy-policy] explains how we collect and use your personal information and our Cookie Policy [https://www.moraywest.com/cookie-policy] provides information about the cookies that we use.