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Terms of Use

These Website Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using the New Pig Ltd Website (the "Website"), and New Pig Ltd, ("New Pig", "we", "us", "our") regarding your use of the Website.

You must read these Terms of Use carefully before using the Website. We recommend printing and retaining a copy for your future reference. These Terms of Use are to be read in conjunction with New Pig Ltd’s Privacy & Cookie Policy.

By using the New Pig Ltd Website and/or acknowledging acceptance of these Terms of Use on the user registration screen(s)/checkout you accept and agree to these Terms of Use.

We do update our Terms of Use from time to time and will post any changes on this page.

Upon request, you may have these Terms of Use sent to you by email. Contact New Pig Ltd on 0800 919 900 or by email at pigpen@newpig.com to submit your request.

1. Introduction

1.1 All legal notices on this Website which relate to your use of the Website together with these Terms of Use and our Privacy & Cookie Policy shall govern your use of this Website.

1.2 By accessing, browsing, registering an account, placing an order or otherwise using our Website, you confirm that you have read, understood and agree to these Terms of Use in their entirety; accordingly, if you disagree with these Terms if Use or any part of these Terms of Use, you must not use our Website.

1.3 If you register with our Website, submit any material to our Website or use any of our Website services, we will ask you to expressly agree to these Terms of Use.

1.4 You must be at least 18 years of age to use our Website; by using our Website or agreeing to these Terms of Use, you warrant and represent to us that you are at least 18 years of age.

1.5 Our Website uses cookies; by using our Website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of our Privacy & Cookie Policy.

2. Copyright Notice & Ownership

2.1 Subject to the express provisions of these Terms of Use:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights (including but not limited to trademarks and service marks) in our Website and the material on our Website;

(b) No part of the work reflected on New Pig Ltd.’s web pages and covered by copyright law may be reproduced or copied in any form or by any means – graphical, mechanical or electronic, including photocopying, taping, or information storage and retrieval systems – without the written permission of New Pig Ltd.

(c) you may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the New Pig Ltd Website; and

(d) all the copyright and other intellectual property rights in our Website and the material on our Website are reserved. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the New Pig Ltd website, including its content.

3. Licence to use Website

3.1 You may:

(a) view pages from our Website in a web browser;

(b) download pages from our Website for caching in a web browser;

(c) print pages from our Website;

(d) stream audio and video files from our Website; and

(e) use our Website services by means of a web browser,subject to the other provisions of these Terms of Use.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms of Use, you must not download any material from our Website or save any such material to your computer.

3.3 You may only use our Website for your own personal and business purposes, and you must not use our Website for any other purposes.

3.4 Except as expressly permitted by these Terms of Use, you must not edit or otherwise modify any material on our Website.

3.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our Website (including republication on another Website);

(b) sell, rent or sub-license material from our Website;

(c) show any material from our Website in public;

(d) exploit material from our Website for a commercial purpose; or

(e) redistribute material from our Website.

3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7 We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

3.8 Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the New Pig Ltd Website on another website, if you comply with all of the following:

(a) the link must be a text-only link clearly marked "New Pig Ltd" or "www.newpig.co.uk";

(b) the link must point "point" to the URL "https://www.newpig.co.uk" and not to other pages within the New Pig Ltd Website;

(c) the link, when activated by a user, must display the New Pig Ltd website full-screen and not within a "frame" on the linking website; and

(d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking website.

We reserve the right to revoke our consent to any link at any time at our sole discretion.

4. Acceptable Use

4.1 You must not:

(a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website (including but not limited to denial of service attacks, spam or any other such unsolicited overload technique);

(b) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) surreptitiously intercept or conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;

(e) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our Website; or

(g) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our Website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

5.Registration & Accounts

5.1 To be eligible for an account on our Website under this Section 5, you must be resident or situated in the United Kingdom.

5.2 You may register for an account with our Website by completing and submitting the Registration form on our Website.

5.3 You must not allow any other person to use your account to access the Website.

5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5 You must not use any other person's account to access the Website.

6. User Login Details

6.1 If you register for an account with our Website, your email address will serve as your user ID and you will be asked to create a password that meets our security protocols.

6.2 Your user ID (email address) must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID (email address) for or in connection with the impersonation of any person.

6.3 You must keep your password confidential.

6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

7. Cancellation & Suspension of Account

7.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,at any time in our sole discretion without notice or explanation.

7.2 You may cancel your account on our Website by calling us on 0800 919 900.

8. Your Content: Licence

8.1 In these Terms of Use, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our Website for storage or publication on, processing by, or transmission via, our Website.

8.2 Other than personal data (which is subject to our Privacy & Cookie Policy) you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

8.3 You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6 You may edit your content to the extent permitted using the editing functionality made available on our Website.

8.7 Without prejudice to our other rights under these Terms of Use, if you breach any provision of these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may delete, unpublish or edit any or all of your content.

9. Your Content: Rules

9.1 You warrant and represent that your content will comply with these Terms of Use.

9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3 Your content, and the use of your content by us in accordance with these Terms of Use, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10. Limited Warranties

10.1We do not warrant or represent:

(a) the completeness or accuracy of the information published on our Website;

(b) that the material on the Website is up to date; or

(c) that the Website or any service on the Website will remain available.

10.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.

10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our Website and the use of our Website.

11. Limitations & Exclusions of Liability

11.1 Nothing in these Terms of Use will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms of Use:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Use.

11.3 To the extent that our Website and the information on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms of Use (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12. Breaches of these Terms of Use

12.1 Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(c) permanently prohibit you from accessing our Website;

(d) block computers using your IP address from accessing our Website;

(e) contact any or all of your internet service providers and request that they block your access to our Website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our Website.

12.2 Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

13. Variation

13.1 We may revise these Terms of Use from time to time.

13.2 The revised Terms of Use shall apply to the use of our Website from the date of publication of the revised Terms of Use on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Use.

13.3 We may amend these Terms of Use at any time by posting the amended Terms of Use on the New Pig Website. Your continued use of the New Pig Website after the posting of amended Terms of Use constitutes automatic acceptance of the amended Terms of Use.

13.4 You may only amend these Terms of Use with a writing signed by both of us.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

15. Severability

15.1 If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2 If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Third Party Rights

16.1 A contract under these Terms of Use is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

16.2 The exercise of the parties' rights under a contract under these Terms of Use is not subject to the consent of any third party.

17. Entire Agreement

17.1 Subject to Section 11.1, these Terms of Use, together with our Privacy & Cookie Policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.

18. Law & Jurisdiction

18.1 These Terms of Use shall be governed by and construed in accordance with Scottish law.

18.2 Any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Scottish courts.

19. Statutory & Regulatory Disclosures

19.1 Our VAT number is 612454271.

20. Our Details

20.1 This Website is owned and operated by New Pig Ltd.

20.2 We are registered in Scotland under registration number 141633, and our registered office, and principle place of business is at Hogs Hill, Watt Place, Hamilton International Technology Park, Blantyre, Glasgow, G72 0AH.

20.3 You can contact us:

(a) by post, using the postal address given above;

(b) by telephone, on 0800 919 900; or

(c) by email, using pigpen@newpig.com