Terms and Conditions

Last updated: November 20, 2024

Contact Information

Thistledown

27 Frederick Street

Edinburgh EH2 2ND, Scotland

Phone: +441312201230

Email: info@this-tle-down.com

Legal Agreement Overview

These Terms and Conditions constitute a legally binding agreement between you and Thistledown regarding your use of our website, services, and any communications or transactions with us. By accessing or using our services in any way, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you do not agree with any part of these Terms and Conditions, you must not use our website or services. These terms apply to all visitors, users, and others who access or use our services, whether you are a prospective client, current client, or casual visitor to our website.

User Obligations and Responsibilities

1. Lawful Conduct Requirements

You agree to use our website and services in compliance with all applicable laws and regulations. This includes but is not limited to:

  • 1.1 Compliance with local, national, and international laws governing internet usage
  • 1.2 Adherence to intellectual property laws and respecting copyrights and trademarks
  • 1.3 Following data protection and privacy regulations in your jurisdiction
  • 1.4 Not engaging in any activity that would constitute or encourage criminal conduct

2. Prohibited Behaviors and Activities

The following activities are strictly prohibited when using our services:

  • 2.1 Harassing, threatening, or defaming any person or entity
  • 2.2 Posting or transmitting any unlawful, harmful, or offensive content
  • 2.3 Attempting to circumvent security measures or access restricted areas
  • 2.4 Reverse engineering, decompiling, or attempting to extract source code
  • 2.5 Using our services to distribute spam or unsolicited communications
  • 2.6 Engaging in any form of data mining or unauthorized data collection

3. Content Guidelines and Restrictions

Any content you submit or share through our services must:

  • 3.1 Be accurate and not misleading or deceptive
  • 3.2 Not infringe on any third party's intellectual property or privacy rights
  • 3.3 Not contain viruses, malware, or any harmful computer code
  • 3.4 Comply with professional and ethical standards appropriate to the context

4. Age Restrictions and Requirements

Our services are intended for use by individuals who are at least 16 years of age. If you are under 16, you may only use our services with the involvement and consent of a parent or legal guardian. By using our services, you represent that you meet these age requirements.

Legal Responsibilities and Compliance

1. Compliance with Laws and Regulations

You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to employment laws, tax regulations, data protection requirements, and any licensing or certification requirements relevant to your business or activities.

2. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Thistledown, its directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses including reasonable legal fees arising from your use of our services, your violation of these Terms and Conditions, or your violation of any rights of another party.

3. Privacy and Data Protection Compliance

When using our services, you agree to comply with all applicable data protection and privacy laws. If you collect, process, or store personal data through your use of our services, you are responsible for ensuring compliance with relevant regulations such as GDPR, UK Data Protection Act, and other applicable privacy laws.

4. Third-Party Interactions

Your interactions with third parties found through or in connection with our services, including payment and delivery of goods or services, are solely between you and such third parties. You acknowledge and agree that we shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.

Liability Disclaimers and Warranties

1. Disclaimer of Warranties

Our services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of information
  • Warranties that our services will be uninterrupted or error-free
  • Warranties regarding security or freedom from harmful components

2. Limitation of Liability

To the maximum extent permitted by law, Thistledown shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from use or inability to use our services
  • Damages arising from errors, omissions, or inaccuracies in content

Our total liability to you for all claims shall not exceed the amount you have paid us in the twelve months preceding the claim, or £100, whichever is greater.

3. Exclusion of Consequential Damages

Under no circumstances shall we be liable for any damages that result from your failure to follow our instructions or guidelines, from causes beyond our reasonable control, or from your reliance on any information or content provided through our services. This exclusion applies even if we have been advised of the possibility of such damages.

4. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Legal Information and Dispute Resolution

1. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom, without regard to conflict of law principles. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Edinburgh, Scotland, and you hereby consent to personal jurisdiction and venue in such courts.

2. Dispute Resolution Procedures

In the event of any dispute arising from these Terms and Conditions or your use of our services:

  • 2.1 We encourage you to first contact us directly to attempt informal resolution
  • 2.2 If informal resolution is unsuccessful, we may agree to mediation before pursuing litigation
  • 2.3 Any formal legal proceedings must be filed within one year of the event giving rise to the claim

3. Severability Clause

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from these terms. The remaining provisions shall continue in full force and effect and shall be construed to give maximum effect to the parties' intentions as reflected in these terms.

4. Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Material changes will be communicated through prominent notice on our website or via email if you have provided contact information. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

5. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Thistledown concerning your use of our services. These terms supersede any prior agreements, representations, or understandings between us, whether written or oral.

6. Waiver and Assignment

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. You may not assign or transfer these terms or your rights hereunder without our prior written consent. We may assign these terms or any rights hereunder without restriction.

Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety. If you do not agree to these terms, you must immediately cease all use of our services. These terms represent a legally binding contract between you and Thistledown, and your continued use of our services constitutes ongoing acceptance of these terms as they may be modified from time to time.

Questions or Concerns

If you have any questions, concerns, or require clarification regarding these Terms and Conditions, please contact us using the information provided at the top of this page. We are committed to addressing your inquiries in a timely and professional manner.