New Pig Website Terms Of Use


Preamble

These Terms of Use explain the contractual agreement between you as the User, and New Pig Ltd regarding your use of the New Pig Website. If you do not accept these Terms of Use, you are not authorized to use the New Pig Website. Your continued use of the New Pig Website is deemed to be your automatic agreement to the applicable provisions in these Terms of Use.

Effect of this Privacy Policy

By registering as a Registered User or by accessing the New Pig Website as a Public User or International User, you agree to be bound by these Terms of Use as they may be amended from time to time.

We recommend that you review these Terms of Use thoroughly before proceeding further. You may also print a copy for your records. Upon your request, you may have these Terms of Use sent to you by email. Please feel free to contact New Pig Ltd to resolve a complaint regarding any aspect of service relating to the New Pig Website by contacting us at New Pig Ltd, Hogs Hill • Watt Place, Hamilton International Technology Park, Blantyre • Glasgow G72 0AH.

Definitions In these Terms of Use (including the Preamble), unless the context otherwise requires:

New Pig Ltd, we, us, our means New Pig Limited, Scottish company number SC141633, having its registered office at New Pig Ltd, Hogs Hill • Watt Place, Hamilton International Technology Park, Blantyre • Glasgow G72 0AH, United Kingdom;

New Pig Website means the website owned, operated and maintained by or on behalf of New Pig Ltd and accessed by the domain name "newpig.co.uk";

Standard Terms of Sale means New Pig Ltd's standard terms and conditions for the sale of New Pig Ltd's products to Users, as amended by us from time to time, a copy of which is available here and by which you agree to be bound;

Terms of Use means these terms of use, as amended by us from time to time; and

User, you, your means you or any other person accessing, viewing, downloading, or using the New Pig Website or any part of the New Pig Website.

Any reference to the singular includes the plural and vice versa, and any reference to one gender includes all other genders. Any reference to a statute or statutory provision includes that statute or statutory provision as amended, replaced, re-enacted or codified from time to time.

Background

We provide certain information about our products and services and certain other third party information on the New Pig Website. We may in our sole discretion add, delete or modify some or all of our services and information at any time.

Updates To Terms Of Use

We may amend these Terms of Use at any time by posting the amended Terms of Use on the New Pig Website. We shall notify Users of any such change by way of a prominent notice to that effect displayed on the home page of the New Pig Website. Your continued use of the New Pig Website after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with our prior written consent signed by you and an authorised signatory of New Pig Ltd.

Users Of The New Pig Website

There are three different types of Users of New Pig Website:

  • A “Public User” is a User based in the United Kingdom, who will have the ability to view information located on the New Pig Website. A Public User's capability is limited to navigating the New Pig Website. A Public User cannot access “Registered User” areas of the New Pig Website.
  • A “Registered User” is a User based in the United Kingdom, who will have access to additional features of the New Pig Website as provided from time to time and the ability to order products, subject to the Standard Terms of Sale.
  • An “International User” includes any User outside of the United Kingdom. International Users can register but they cannot view pricing or buy products on line.

If you do not accept these Terms of Use, you are not authorized to use the New Pig Website. Your use of New Pig Website is deemed to constitute your automatic agreement to the applicable provisions in these Terms of Use. We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies.

Ownership

The New Pig Website is Copyright © New Pig Ltd 2017. All rights are reserved. The right of New Pig Ltd to be identified as the author of the Site has been asserted by the Company in accordance with the Copyright, Designs and Patents Act 1988.

The New Pig Website and all intellectual property rights included in or related to the New Pig Website (including but not limited to copyright, database right, registered designs, design right, registered trademarks, unregistered trademarks, and rights to domain names), are owned or licensed to us, and all right, title and interest in the New Pig Website and the related intellectual property rights remain our property (or the property of the respective licensors). 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 Website. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the New Pig Website, including its content.

Permission is granted for the User's use of copyright material exclusively for the limited purposes of:

  • printing in hard copy form portions of the content of the New Pig Website for maintaining the User's own personal records;
  • downloading the pages of the New Pig Website for viewing in a compatible web browser; and
  • storing the pages of the New Pig Website in a cache or other temporary retrieval system for the sole purpose of personal viewing off-line.

Any other use, modification, distribution or re-publication without the prior written consent of New Pig Ltd is strictly prohibited.

Information Posted On The New Pig Website

Information on the New Pig Website is provided "as is" and may contain technical inaccuracies or typographical errors. New Pig Ltd does not guarantee and is not responsible for the accuracy of any links to information provided on the New Pig Website, including but not limited to articles and regulations, and we do not guarantee or warrant that any such information is current. Information may be changed or updated without notice. We may also in our sole discretion make improvements and/or changes in the products and services described on the New Pig Website at any time without notice. No information contained on the New Pig Website represents any commitment on the part of New Pig Ltd in the future. Please refer to the "No Warranty" and "Limitation of Liability" sections below.

System Integrity

You may not use any device, software or routine, malicious code or repeated "hacks" or "attacks" on web server(s), or undertake any activity intended to damage or interfere with the proper working of the New Pig Website or to surreptitiously intercept or expropriate any system, data or personal information from the New Pig Website. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique. You agree to indemnify and keep indemnified New Pig Ltd against all liability (including without limitation costs, penalties, interest and expenses) arising from any failure by you (or those for whom you are responsible) to comply fully with this section.

Links

The New Pig Website may contain links to third-party websites not under the control or operation of New Pig Ltd. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.

Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the New Pig 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" to the URL "http://www.newpig.co.uk" and not to other pages within the New Pig Website; (c) the link, when activated by a user, must display the New Pig 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.

Privacy

You confirm that you have reviewed our Privacy Policy which is posted on the website, and agree to be bound by it.

We may amend the Privacy Policy from time to time. If at any time you are not in compliance with the Privacy Policy, we shall be entitled in our sole discretion to terminate your rights of use and access to the New Pig Website. We may be required by law to disclose information to government or law enforcement authorities, or to third parties upon an appropriate court order or administrative instruction, and you authorize us to disclose such information as we believe, in our sole discretion, is necessary or appropriate in these circumstances.

Our Relationship

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and New Pig by these Terms of Use. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.

Laws and Regulations

You must comply with all applicable local, regional, national and international laws, statutes, ordinances and regulations regarding: (i) use of the New Pig Website; and (ii) release of information to and retrieval of information from the New Pig Website and any database owned by or licensed to New Pig Ltd. To the extent that any applicable taxes apply to your use of the New Pig Website, you are responsible for the payment of such taxes and agree to indemnify and keep indemnified New Pig Ltd against all liability (including without limitation costs, penalties, interest and expenses) arising from any such taxes.

New Pig Ltd makes no representation that materials on the New Pig Website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and agree to indemnify and keep indemnified New Pig Ltd against all liability (including without limitation costs, penalties, interest and expenses) arising from any breach of applicable laws.

Termination Of Use

If at any time you are not in compliance with these Terms of Use, or if we are unable to verify or authenticate any information you release to us, we have the right to terminate your rights of use and your access to the New Pig Website. We also have the right to terminate your use at our discretion, for any reason or no reason.

Governing Law And Jurisdiction

You agree that these Terms of Use and your use of the New Pig Website shall be governed in all respects by the internal substantive laws of Scotland, without regard to any rule of law relating to the conflict of laws. You agree to submit to the exclusive jurisdiction of the Scottish Courts in any dispute between you and New Pig Ltd.

Notice

Except as explicitly stated otherwise or required by law, you shall provide any notices to New Pig Ltd by email to us at pigpen@newpig.com. We shall provide any notices to you by email at your last-know email or (in our discretion) by recorded delivery post at you last-known postal address. Notices by us shall be deemed to have been received on the next working day following despatch, and in order to establish receipt, it shall be sufficient for us to establish despatch.

Remote Assistance to Customers

If you are experiencing technical difficulties in accessing our online catalog or ordering system, our customer service representative may determine that your problem might be solved if we can access your computer remotely. If that is the case, we will ask you for certain identifying information about your computer and ask you to authorize our access ("Remote Access") by accepting an invitation or similar notice that will instantly be sent to your computer. This Remote Access will enable us to see exactly what is on your screen, and it will allow us to have temporary control of your computer so that we may attempt to assist you with your reported problem. We will not access your computer without your knowledge, and we will not remain logged on after your problem has been resolved or we have determined that we are unable to resolve your problem remotely. You will be able to see all actions that we are taking while we are logged on, and you can terminate the remote session at any time.

BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING A "SUBMIT" OR "ACCEPT" BUTTON OR SIMILAR MEANS OF GRANTING PERMISSION AND ACCEPTANCE OF THE TERMS THAT FOLLOW, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND YOUR COMPANY AND AGREE ON BEHALF OF YOURSELF AND YOUR COMPANY TO BE BOUND BY ALL OF THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SET FORTH BELOW, TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS. Once you have granted such access, we will utilize a third-party software program to log on to your computer.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. BECAUSE REMOTE ACCESS IS IMPLEMENTED THROUGH THIRD-PARTY SOFTWARE NOT DESIGNED OR OWNED BY US, WE ARE NOT RESPONSIBLE FOR DEFECTS IN THE REMOTE ACCESS SOFTWARE OR ANY DAMAGE TO OR LOSS OF DATA OR ANY PART OF YOUR COMPUTER SYSTEM(S). IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF INCOME, BUSINESS INTERRUPTION, COSTS OF RECOVERY OR ANY OTHER DAMAGES) DUE TO REMOTE ACCESS TO YOUR SYSTEM. NO STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US ONLINE OR THROUGH THE REMOTE ACCESS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES SET FORTH ABOVE ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES AND SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.

You are responsible for ensuring that your systems are free of all viruses, malware, or other defects and potentially harmful files. You agree, at your sole expense, to indemnify, defend, and hold us harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to any of our systems resulting from our Remote Access to your systems, and you agree that you will not intercept or otherwise access any of our systems or data, whether while we are logged on through Remote Access or otherwise.

No Warranty

We provide the New Pig Website and our services on an "as is", "where is", and "as available" basis. New Pig Ltd makes no warranty or representation of any kind, express, implied or statutory as to the operation of the New Pig Website, or the information, content, products for sale, or materials on the New Pig Website. To the fullest extent permissible under the applicable law, we expressly exclude and specifically disclaim any implied warranties of quality, merchantability, fitness for a particular purpose, title, freedom from viruses or other harmful components and non-infringement which operate in your favour. We also do not guarantee or warrant continuous, uninterrupted or secure access to our services, and operation of the New Pig Website may be interfered with by numerous factors outside of our control. You expressly agree that your use of the New Pig Website is entirely at your own risk.

Limitation Of Liability

Our contracts with certain of our suppliers provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability for the unavailability of the New Pig Website caused by our supplier's performance or lack of performance of the maintenance work to keep the New Pig Website operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the New Pig Website.

In no event shall New Pig Ltd be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, related to your use or inability to use the New Pig Website regardless of whether we knew or should have known of the possibility of such damages, and in no event shall New Pig Ltd's total cumulative liability under this agreement exceed the greater of the fees paid to us by you during the twelve months prior to the event giving rise to the liability, or £500.

The limitations of liability provided in these Terms of Use inure to the benefit of New Pig Ltd, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case such disclaimers and limitations shall apply only to the fullest extent permissible under the applicable law. In the United Kingdom, nothing in these Terms of Use limits or excludes the liability of New Pig Ltd for death or personal injury caused by its negligence or fraudulent misrepresentation.

Other General Provisions

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck out and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive or restrict our right to act with respect to subsequent or similar breaches. These Terms of Use, and all writings and web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

By registering as a Registered User (see above) or by making accessing the New Pig Website as a Public User or International User (see above), you agree to be bound by these Terms of Use as they may be amended from time to time.