Important Legal Notice

ATTENTION: These terms and conditions apply between you, the user of this website (including any sub-domains, unless expressly excluded by their terms and conditions) and to any correspondence by email and CLS, the owner and operator of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not accept these terms and conditions, do not use the website and stop using the website immediately.

In these Terms and Conditions. User or users means any third party that accesses the website and is not either (i) employed by CLS and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to CLS and accessing the website in connection with the provisions of such services.

Definitions.

In these terms and conditions

“CLS” means Construction Legal Services Limited, a limited liability company registered in Scotland (Company Number SC548293) registered office at Rose Cottage, Lumsden, Huntly, Aberdeenshire, AB54 4JJ and “we”, “us”, and “our” also means CLS.

“Website” means the website published by CLS and located on the world wide web via the uniform resource locator https://CLS.Scot.

“Website Information” means any information, data, images, text, video, software, data compilations, page, layout, underlying code and software or other material displayed on the website; and

“you” means any person who has viewed, downloaded, used or otherwise accessed the website and/or website information, and “your” refers to you.

Website

The website is operated and maintained by CLS. You can contact CLS at:

Postal address: Rose Cottage, Lumsden, Huntly, Aberdeenshire, AB54 4JJ, United Kingdom.

Telephone: +44 (0) 1224 542636

Email: mail@CLS.scot

These are the terms and conditions for the use of the website. By viewing, downloading, using or otherwise accessing any part of the website and/or website information, you are deemed to have accepted these terms and conditions in full, without modification or amendment. These terms and conditions will form a legally binding contract between you and us. You must leave the website immediately if you do not accept these terms and conditions in full without modification or amendment. You may not make use of any of the website information or services we provide through it.

We retain the discretion to amend these terms and conditions from time to time, in each case with effect from the date the amendment is posted on the Website. You should check the Website from time to time to see the current terms and conditions. If you continue to use the Website, you will be deemed to have accepted any changes to the terms and conditions. Some of these terms and conditions may be supplemented by expressly designated legal notices or terms posted by us on the Website.

We reserve the right from time to time to alter or limit the categories of website information which you may access and view using the website. You agree that we may, at our discretion, change, restrict, modify, extend or delete any website information from time to time without giving you prior notice.

Intellectual property and acceptable use and your licence to use the website

The website information, graphics, software, images, and text owned by us and operating the website are either owned by CLS or used by us with the permission of their respective owners or as permitted by law. Where practicable, we acknowledge the owners of all trademarks on the website. Reference to a trademark owned by a third party does not constitute any claim by CLS to own that trademark, or that CLS has any rights in it.

You may view, download and print our website information in a web browser for personal, non-commercial use only. Where we do not own the copyright or other intellectual property rights in the website information, you must approach the owner(s) for such consent. 

Prohibited use

You may not use the website:-

• in a way that causes, or may cause, damage to the website or interferes with any other person’s use or enjoyment of the website.
• in a way that is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of applicable law, regulation, or governmental order. 
• to make, transmit, or store electronic copies of copyright-protected content without the owner’s permission. 
• to reproduce, modify, copy, distribute, or use for commercial purposes any CONTENT without the written permission of CLS.

Nothing in these terms and conditions or on the website constitutes a licence to use or copy the website information except as expressly provided for in these terms and conditions.

Important disclaimer

Nothing contained on the website is intended to constitute any specific legal advice. The website is for general guidance only. We will not be held liable for any action taken (or failure to act) in reliance upon the website’s contents. You should always seek specific advice from us – or your independent solicitor – on any particular matter. Should you require assistance with any construction law-related matter, please contact us, and we will be glad to help you.

Your use of the website

You warrant to us that when using the website, you will not:

· copy, alter or delete any website information except to the extent permitted by these terms and conditions.

· introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the standard operating procedures of a computer or to intercept surreptitiously, access without authority or expropriate any system, data or personal information; or

· disclose to any other person any confidential or proprietary information obtained from the Website unless: it is in the public domain; you are required to do so by law; or it is with our consent; or

· cause the website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.

Privacy, cookies and data protection

Use of the website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. 

To view the Privacy Policy, please click on the following: [LINK Privacy Policy]. By accepting these terms and conditions, you also agree to accept the terms of our privacy policy. Please note that transmissions to or from our email system and calls to or from our offices may be monitored and/or recorded for regulatory purposes.

Availability of the Website and Disclaimers

Any online facilities, tools, services or information CLS makes available through the website (the “Service” is provided “as is” and on an “as available” basis. CLS gives no warranty the service will be free from defects and/or faults. 

To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality. 

CLS is under no obligation to update information on the website.

Whilst CLS uses reasonable endeavours to see that the website is secure and free from errors, viruses and other malware, we give no warranty or guarantee in that regard, and all users take responsibility for their security, that of their personal details and their computers.

CLS will not be liable for any action taken (or not taken) in reliance upon the website information, and such action is taken entirely at your own risk. We reserve the right to change the website information to correct any errors or omissions (or for other reasons at our discretion) without notice and liability to you.

Opinions expressed within the website information are those of the authors and do not necessarily represent our opinions. 

CLS accepts no liability for any disruption or non-availability of the website.

CLS reserves the right to alter, suspend or discontinue any part (or the whole of) the website, including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the website unless it is expressly stated otherwise.

Links to third-party websites on the website are provided solely for your convenience. Unless expressly stated, these sites are not under the control of CLS, and CLS is not responsible for them or their content or availability. CLS assumes no responsibility for the content of such websites and disclaims liability for any loss or damage arising from their use of them. Therefore, CLS does not endorse or make any representations about them, material found there, or results obtained from using them. If you decide to access any third-party websites linked to the website, you do so at your own risk.

Our liability to you

We will not be liable to you for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including through negligence) arising out of or in connection with your use of the website or website information. Some jurisdictions do not allow the exclusion of incidental or consequential damages. Accordingly, the above exclusion may not apply to you. Subject to that, to the fullest extent permitted by law, we exclude all liability to you in contract, delict, or negligence. Nothing in these terms and conditions limits or excludes our liability for fraudulent misrepresentation, death, or personal injury resulting directly from our negligence.

We also exclude liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunications services through which you might access the website or for faults in or failures of their networks and/or equipment.

General conditions

If we fail to exercise or delay in exercising any right or remedy provided under these terms and conditions or by law, which will not constitute a waiver of our rights or remedy, nor shall it prevent us from exercising that right or remedy in whole or in part in the future.

Unless expressly provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.

These terms and conditions and the documents referred to are between and for the benefit of you and us (and our successors and assignees). They are not intended to benefit or be enforceable by anyone else. 

The Contract (Third Party Rights) (Scotland) Act 2017 shall not apply to these terms and conditions, and no third party will have the right to enforce or rely on any provisions of these terms and conditions.

Unless otherwise agreed. No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that or any other right or remedy.

The remaining provisions shall remain in force if any provision of these terms and conditions (or part of a provision) is found by any court or competent authority to be invalid, unenforceable or illegal. If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to effect the original intention of these terms and conditions.

In these terms and conditions, references to one gender include the other genders, references to the singular include the plural and vice versa, and headings will not affect the interpretation of these terms and conditions.

These terms and conditions shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Scottish Courts.