Website Terms and Conditions of Use
1. Definitions
Espresso Warehouse is a trading name of Matthew Algie & Company Limited, a company incorporated in Scotland under the Companies Acts (company number SC028433, VAT number Gb481460546) and having our registered office at 16/18 Lawmoor Road, Glasgow G5 0UL, UK and trading as “Matthew Algie”. In these website terms and conditions of use when we refer to “we” we mean Matthew Algie & Company Limited. Our telephone number is 0800 263 333. The words “us”, “our” etc. will be construed accordingly. When we refer to “you” we mean the mean the user and/or browser of this website (the “website”).
2. These Conditions
You are reading the terms and conditions for use of this website, www.matthewalgie.com (“the Site”). These terms and conditions, which are deemed to incorporate our Privacy Policy (see below), make a legally binding contract between us and you. Your acceptance of these terms and conditions is automatically and irrevocably made by you using the Site and takes effect from your first use of the Site (or any part thereof). If you do not accept these terms and conditions or have any objection to any part of them you should stop using the Site immediately.
We reserve the right to make changes to these terms and conditions from time to time which will take effect from the date of posting of such changes on the Site. Your continued use of the Site will mark your acceptance of any changes to the terms and conditions. These terms and conditions were last updated on 8 March 2013.
We may from time to time display additional terms and conditions on the Site, for example in connection with a specific promotion or in connection with the sale of specific goods or services. If the terms and conditions for use of the Site should conflict in any way with such additional terms then the additional terms will prevail.
3. About Linking by Hypertext to the Site
Before providing a link to any of the Site or Site Information (as defined below), you must seek our permission. To do this, complete this form with details of the URL which you wish to link to which forms part of the Site and the URL of the page on which you will be displaying the link. We do not permit the display of any web pages which form part of the Site or Site Information in any html frame unless we have expressly authorised such display in writing.
4. Copyright and Other Intellectual Property Rights in the Site
For the purposes of these terms and conditions the expression “Site Information” means the images, graphics, photographs, text, animations, videos, applets, computer programs, computer code and scripts operating within, or which form part of, the Site.
Unless otherwise expressly stated, all intellectual property rights (including, without limitation, copyright, trade marks, service marks, database rights and trading names) in the Site Information are owned by us and all rights are reserved. We may publish photographs, images or text on the Site in which the copyright is not owned by us. Where this is done, and where practicable, we acknowledge the copyright owner.
You may view the Site Information in a web browser for private browsing purposes only. Copying the Site Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not make a copy of the Site Information or any part of it for any other purpose without our prior written consent, which may be granted at our sole discretion (or where we do not own the copyright, we will direct you to the owners themselves for such consent (where reasonably practicable)). Furthermore, and without prejudice to the foregoing, you are not permitted to use, display or otherwise incorporate the Site Information into any web page which does not form part of the Site by hypertext link, or by any other means other than copying, without our prior written consent. Nothing in these terms and conditions or on the Site constitutes a licence to use or copy the Site Information.
5. About trade marks in the Site
The Site contains numerous trademarks belonging to us. These trade marks include, but are not limited to the following words and logos:
· Chocolate Abyss
· Espresso Warehouse
· Matthew Algie
· Wooden Spoon
If you are in doubt as to whether an item is a trademark of ours, please contact us for clarification by completing this form. We may also use some trade marks on the Site which are not owned by us. Where practicable, we acknowledge the relevant trade mark owners.
6. About the accuracy of the Site Information
The Site Information is provided “as is” and we make no representation, endorsement or warranty as to its accuracy or completeness. We will not be liable for any action taken (or not taken) in reliance upon the Site Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Site Information to correct any errors or omissions (at our discretion) without notice and without liability to you.
External websites to which we provide hypertext links are not under our control and we take no responsibility and shall not be liable in any way for their content.
It is a feature of the Site that some of the Site Information is contributed to us by different third parties (such as, without limitation, LinkedIn, Twitter and Facebook) and we do not control those parties or their information. Opinions expressed within the Site Information are those of the authors and do not necessarily represent our opinions.
The Site, like any other, is susceptible to cyber-squatting, spoofing, phishing and vandalism. We do not accept any responsibility for, nor liability in respect of any losses arising from, or information which appears on the Site as a result of, such actions.
Where the operation of the Site depends on the input of information by you, the service provided by us depends on, and varies according to, the accuracy of such inputted information. We can therefore accept no responsibility for, nor any liability in respect of, the input of inaccurate information to the Site by you and/or any third parties.
In the unlikely event that you find any inaccurate information on the Site or have any complaint about what we have published please click here. We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.
7. About Personal Information and our Privacy Policy
We have a separate Privacy Policy which relates to our use of your personal information. We would encourage you to read our Privacy Policy. Our Privacy Policy is available on the Site and can be found by clicking on the following link: Our Privacy Policy
The Site makes use of “cookies”. A cookie is a small file that we put on your computer, mobile devices and tablets if you agree. These cookies allow us to distinguish you from other users of our website, which helps us to provide you with a good experience when your browse our website and also allows us to improve our site. Cookies, which are industry standard and are used by most websites, including those operated by us If you do not want information collected through the use of cookies, most web browsers allow you to easily deny or accept the cookie feature. You should refer to the documentation or help feature for your particular web browser for instructions as to how to prevent websites using cookies on your computer. However, you should note that cookies may be necessary to provide you with some features of our on-line services.
8. Provision of services by third parties
Some of the pages which form part of the Site may make use of technologies and applicationswhich are provided to us and/or hosted for us by third parties. Where you make use of such technologies and applications your information may be transmitted for processing to servers other than those which host the Site and which are not within our control. We exclude all liability to you arising from any loss or damage you may sustain as a result of such transmission or processing. We make no representation, endorsement or warranty to the accuracy of information which appears on the Site as a result of processing by, or originating from, third parties.
9. Further information about our liability to you
To the fullest extent lawfully possible, we exclude all liability to you in contract or in delict. We also exclude all liability to you for any damage and/or loss including, but not limited to, any loss of profits, business, contracts, revenue, anticipated savings, goodwill, loss of or damage to data, or any other indirect or consequential loss or damage howsoever arising, including but not limited to business interruption. By using the Site, you agree that this exclusion is in all respects fair and reasonable.
Notwithstanding any other provision of these terms and conditions, nothing in these terms and conditions shall, or shall be construed as purporting to, exclude or restrict liability in respect of death or personal injury for breach of duty arising in the course of business or from the occupation of business premises.
10. Service Interruption and Viruses
While we will make every effort to ensure that this website is free of viruses and that access is provided continuously or free of faults, it is technically impossible to provide a website free from interruptions and (except to the extent that interruptions are caused by our negligence) we make no guarantees that this website will be free from interruptions or viruses. As a consequence, and in common with most web publishers, we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through the Site. Your use of our Site is at your own risk.
In addition, we may need to carry out maintenance of the Site from time to time and in doing so, we will attempt to keep disruption to the Site to a minimum. We will not be held responsible for any damage to your computer or any of your property as a result of browsing this website or of downloading any of the files on this website.
11. Applicable Law
These terms and conditions are governed by Scots law and you agree that any dispute between us in relation thereto shall be subject to the exclusive jurisdiction of the Scottish courts.