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Terms of service

1 This Site
This website (our "Site") is operated by An Talla Loch Ness Limited, a company
incorporated and registered in Scotland (company number SC596256) ("we", "our", "us").
Our address is at Jacobite Cruises Limited, Dochgarroch, Inverness, IV3 8JG.


2 Our Terms
2.1 These terms (our "Terms") explain how you may use our Site:
https://an-talla.co.uk / https://an-talla-store.co.uk/


2.2 You should read these Terms carefully before using our Site, as they create binding legal obligations upon you. If you do not understand any part of them please let us know using the contact details set out below. By accessing or using our Site, or any part of it, you agree to be bound by these Terms. If you do not agree with or accept any of these Terms, you should stop using the Site immediately. Please note that we may update our Terms from time to time, so if you revisit our Site at a later date you should check the Terms again at
that time to make sure you have seen the current version.


2.3 If you have any questions about our Site or these Terms, including if you don't understand any part of these Terms, please contact us:
2.3.1 by e-mail at hello@an-talla.co.uk;
2.3.2 by telephone at 01463 572323; or
2.3.3 by post at:
Jacobite Cruises Limited
Dochgarroch
Inverness
IV3 8JG


2.4 We will endeavor to respond to you promptly. Please note that our email and telephone facilities are monitored only during the hours of 09.00-17.00 Monday to Sunday (excluding public and bank holidays in Scotland).


2.5 Please also note that we may keep a record of correspondence to enable us to properly manage our Site, to deal with your query, and for quality and training purposes.

3 Personal Data
You have various rights, and we have various obligations, in relation to your personal data. Please see our privacy policy at https://an-talla-store.co.uk/policies/privacy-policy (our "Privacy Policy") for further information on how we use your personal data.

4 Using Our Site
4.1 Our Site is a place where you can find out information about the goods we sell and other information about our business and the services we offer. Whilst we will try to make sure our Site is available and functions properly at all times, we do not guarantee that our Site will be available all the time, or at any particular time, that our Site will function properly, or that any functionality upon our Site will be available at all, or any, times. Further, we may suspend or terminate operation of the Site at any time as we see fit.


4.2 While we try to make sure that our Site is accurate and up-to-date, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose.


The information on the Site is provided for your general information purposes only and to inform you about us and our products and news. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. Any reliance that you may place on the information on this Site is at your own risk.


4.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at hello@an-talla.co.uk.


4.4 We may prevent or suspend your access to the Site if you do not comply, or we suspect you have not complied, with any part of these Terms or any applicable law. This shall be without prejudice to our other rights and remedies in respect of such breach. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Terms.


4.5 If your failure to comply may endanger the rights, property or interests of any other person, or we suspect that may be the case, we may disclose your details and any other relevant information we hold about you, to help prevent any damage being suffered.


5 Restrictions on Misuse
5.1 You must not misuse our Site. The following are examples of misuse:


5.1.1 using the Site for any improper, unlawful, or immoral purpose,
5.1.2 causing nuisance through your use of the Site or causing the operation of the Site to be jeopardised or impaired;
5.1.3 using the Site to create, host, or transmit any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, sexual orientation or otherwise;
5.1.4 using the Site to harm or attempt to harm other people (including children) in any way;
5.1.5 using the Site to create, host, or transmit any material that threatens or
encourages bodily harm or the destruction of property, or would constitute a
criminal offence or give rise to civil liability;
5.1.6 using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or rights of any other party;
5.1.7 using the Site to create, host, or transmit unsolicited advertising material to other users;
5.1.8 using the Site to create, host, or transmit any material that harasses another person;
5.1.9 using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like;
5.1.10 using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate or breach anyone's security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
5.1.11 using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data;
5.1.12 using the Site for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation,flooding and hacking;
5.1.13 knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or impairs the performance or functionality of the Site;
5.1.14 impersonating any person or entity or using a false name that you are not
authorised to use; or
5.1.15 encouraging, condoning, or glamorising under-age drinking, drunk-driving, or excessive consumption of alcoholic beverages.

6 Intellectual Property
6.1 This Site and all intellectual property in it is owned by us and or licensors or both (as applicable). Intellectual property includes the copyright in our Site, our trade marks and domain names, and those of other people, design rights, for example in our user interfaces, database rights, and all other intellectual property or rights of any kind, and whether or not they are registered or unregistered, even if it were possible to register them (and we have not progressed any such registration).


6.2 We and our licensors reserve all of our and their rights. This means, for example, that we (and they) remain owners of their intellectual property and remain free to use them as we (and they) see fit.


6.3 You have the right to access and use our Site, to find out information about us and our goods subject always to these Terms. Nothing in these Terms or otherwise grants you any other right, title or interest in or to the Site.


6.4 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our Site.


6.5 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 photographs, illustrations, designs, graphical images, animations, video materials, audio materials or trade marks separately from any accompanying text.

6.6 Our status (and that of any identified contributors) as the authors and owners or licensees of material on our Site must always be acknowledged.

6.7 You must not use any part of our Site for commercial purposes without obtaining a license to do so from us or our licensors.

6.8 If you print off, copy or download any part of our Site in breach of these terms of use or otherwise breach 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.


6.9 Other than as explicitly permitted hereunder, no part of our Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.10 Where we link to our social media sites, such as Facebook, Twitter and Instagram, please note that these sites have their own terms of use, which you should read and abide by.

6.11 If you think any part of our Site, or anything available through our Site, infringes your rights, please contact us at hello@an-talla.co.uk. When contacting us please provide:


6.11.1 your address, telephone number, and email address;
6.11.2 description of the rights that you claim have been infringed;
6.11.3 a description of the alleged infringing activity;
6.11.4 a statement by you that you have a good faith belief that infringing activity is not authorised by you, the rights owner, its agent, or the law; and
6.11.5 a statement by you, made under penalty of perjury, that the information is accurate and that you are the rights owner or authorised to act on the rights owner's behalf.

7 Security
7.1 We may apply security measures and certain restrictions to our Site. You agree not to tamper with or try to circumvent, avoid or negate such security measures or restrictions, or ask or help any other person to do so, including by the submission of false information, or using means which obscure the identity of the devices or persons visiting our Site, such as using VPN services or the TOR browsers.


7.2 Our Site contains important notices (including intellectual property notices) including that contained in any digital rights or other security technology embedded or contained within the Site. You must not tamper with or remove any of these notices, including in any printout of our Site.

7.3 Communication via the Internet is not secure. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be remain confidential, for example during its transmission to us. In particular, and for that reason, you should not submit to us via the Site any material which you regard as confidential, commercially sensitive or valuable. While we value your feedback, you agree not to submit any such material. If you do submit any such
material we may use the information as we see fit on a free of charge basis.


7.4 Further, we recommend that you have in place up to date antivirus and personal firewall software when accessing and using our Site.

8 Linking to our Site
8.1 If you wish to link to our Site, you may only do this on the basis that you link to, but do not replicate, the home page of or any page within our Site, subject always to the following conditions:


8.1.1 You do not remove, distort or otherwise alter the size or appearance of any logos on our site;
8.1.2 You do not in any way imply that we endorse any products or services other than our own;
8.1.3 You do not link from a website that is not owned by you;
8.1.4 You do not misrepresent your relationship with us nor present any other false information about us; and
8.1.5 You do not otherwise use any logos or trade marks displayed on out Site without our express written permission or where the logo or trade mark belongs to a third party, the permission of the owner.

9 Third Party Sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We do not operate these third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site will be governed by the terms and conditions of that
third party site, not these Terms.


10 The Limits of our Liability
10.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any losses incurred by your use of or access to our Site. Our Site is provided “as is,” and your use is at your own risk. We exclude to the fullest extent permitted by law, any and all express and implied warranties and guarantees.


10.2 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

10.3 Further, no one other than a party to these Terms has any right to enforce any of these Terms.

11 Variation
These Terms are dated 27 November 2019. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time.

12 Disputes
12.1 We will try to resolve any disputes with you quickly and efficiently.
12.2 If you are unhappy with us please contact us as soon as possible.
12.3 If you want to take court proceedings, the relevant courts of the Scotland will have exclusive jurisdiction in relation to these Terms, and Scots law will apply to these Terms.