Please note that his website is designed for use by adults of 18 years or older.
In these terms and conditions:-
“Conditions” means these terms and conditions
“the Material” means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website;
“Gate Healthcare Ltd” or “we/our/us” mean, a company incorporated in Scotland (Company No SC106549) trading as Kintyre House (known as “Kintyre House”) and with its registered office at: Tribune Court, 2 Roman Road, Bearsden, Glasgow, G61 2SW.
“the User” and “you” means you, the user of this Website.
“the Website” means the website of Kintyre House operating under URL http:// www. kintyre-care.com.
2. Basis of Use of the Website
2.1 The User warrants to Kintyre House that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. Without prejudice to the foregoing general statement, you agree to the following:-
2.1.1 that you understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
2.1.2 that you will only view the Material for your own private purpose and will not publish, reproduce, store or retransmit any of the Material contained in the Website at any time;
2.1.3 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
2.1.4 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Material and the Website shall remain vested in Kintyre House at all times;
2.1.5 that you acknowledge that Kintyre House has no obligation to provide the Website or any Material or to ensure that you are able to use, provide and/or access the Material, and the Website;
2.1.6 that you will indemnify and keep indemnified Kintyre House against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Material or the Website or breach of your obligations under his agreement.
2.1.7 that you will not advertise or promote third party or Your own products or services including by way of the distribution of ‘spam’ mail;
2.1.8 that you will not penetrate or attempt to penetrate the Website security measures.
3. Third Party Websites
3.1 The Website contains links to websites operated by parties other than Kintyre House. Such links are provided for the User’s convenience only. Kintyre House does not control such websites and is not responsible for their content. Kintyre House inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third-party websites, and also the value and integrity of any goods and services offered by such websites.
3.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
4. Disclaimer and Limitation of Liability
4.1 The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, Kintyre House does not accept any liability to any person relating to the use of any such information.
4.2 Information is provided on the Website by way of guideline only. AND IS IN NO WAY TO BE A REPLACEMENT FOR PROFESSIONAL ADVICE.
4.3 The Website is intended for use by UK residents and only in relation to their activities within the UK.
4.4 Kintyre House does not represent or warrant that the information accessible via the Website is accurate, complete or correct. Kintyre House has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of Kintyre House.
4.5 The Website and the information, names, images, pictures, logos regarding or relating to Kintyre House are provided “as is” without any representation or endorsement made and without warranty of any kind whether express or implied. In no event will Kintyre House be liable for any damages including, without limitation, indirect or consequential damages, or any damages or loss of profits whatsoever arising from the use or in connection with such use or loss of use of the site, whether in contract or in negligence.
4.6 Kintyre House does not warrant that the functions contained in the Material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs, nor do we guarantee the full functionality, accuracy and reliability of the Material. It is the responsibility of the User to ensure they can assess the Internet: we recommend using the latest version of your browser software when accessing our Website.
4.7 Whilst Kintyre House has taken every precaution in compiling this Website neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this Website.
5. Protection of Information
6.1 Whilst Kintyre House makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
7.1 Kintyre House shall not be liable to the User or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a 3rd party); or difficulties in obtaining internet access.
8. Proprietary Rights
8.1 All trademarks, copyright, database rights and other intellectual property rights in the Material on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned by, licensed or authorised to Kintyre House, its assignees, licensees or sub-licensees thereof and the copyright in the text, artwork, graphics and images on the Website is owned by Kintyre House or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to you any rights of ownership of such intellectual property rights, or constitutes a licence to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any Material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use.
9. Disclaimer and Limitation of Liability
9.1 The User uses the Service at its own risk and in no event shall Kintyre House be liable for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Kintyre House’ s negligence) including, but not limited to, inability to use social media, loss of money, the User’s identity theft, loss of or corruption of data or the User’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
9.2 Kintyre House, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
9.3 It is the Users responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The User must protect their computer and/or device and ensure they update all security software by downloading the latest security patches from relevant software provider.
9.4 Kintyre House cannot guarantee 100% uptime with regards to Website availability.
10.1 Kintyre House reserves the right to change these Terms and Conditions at any time by posting changes online. Your continued use of this site after changes are posted constitutes your acceptance of this agreement as modified.
10.2 Failure or delay by Kintyre House in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
10.3 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder.
10.4 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the Subscriber agree to submit to the non-exclusive jurisdiction of the Scottish courts.