Legal Disclaimer
Our Liability
The information contained on this website is for general information purposes only. The information is provided by Kelvin TOP-SET Ltd (“we”, “our”) and, while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. To the fullest extent permitted by law, we and any third parties connected to us hereby expressly exclude:
All express and implied guarantees, representations, conditions, warranties and other similar terms of whatsoever nature;
Any implied terms which, but for this legal notice, might have effect in relation to our website; and
any liability for any direct, indirect or consequential loss or damage incurred by any user (including without limitation, any direct, indirect, punitive or consequential loss or damage, or any loss of income, business, revenue, profits, anticipated savings, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, wasted management or office time, or any distributed denial-of-service attack, and whether arising in tort or delict, including without limitation negligence, contract or otherwise) and any other loss or damage howsoever occurring even if foreseeable, in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it or any viruses or technologically harmful material that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing our website or your downloading of any material from our website or any websites linked to our website.
Links
You are not allowed to make links to our website without our prior written consent. Our website contains links to other websites. We have no control over the content of other websites. Whilst we may believe such websites to be useful to you or of interest to you, we make no warranties, representations or undertakings about any content of any other website referred to or accessed by hypertext link through our website (“third party website”). We do not endorse or approve the content of any third party website, nor will we have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any third party website infringes any law or the rights of any person or entity. The inclusion of any links does not necessarily imply a recommendation or an endorsement of the views expressed within any linked websites.
Access to our website
Every effort is made to keep the website up and running smoothly. However, we accept no responsibility for, and will not be liable for, the website being temporarily unavailable due to any issues particularly any technical issues or those beyond our control. . We reserve the right in our sole discretion to deny users access to our website or any part of it without notice.
Intellectual Property
All information contained on the website is subject to our copyright and that of any of our licensors. .
All trademarks and service marks referred to herein are used solely to identify or describe the applicable goods and services. Unless expressly stated, we are not affiliated with any owner of a trademark or service mark identified on our website, and we make no statements, express or implied, concerning the use of any trademarked product or service. All registered trademarks and service marks are the property of their respective owners.
Except as applicable law may provide otherwise, we do not consent to any person’s use of our name, or trademarks (or those of our licensors), except upon our written authorisation.
Permission to copy and distribute all documents and related graphics from our website is granted subject to the following conditions:
1. The materials copied are used for internal, non-commercial purposes only; and
2. Our status as the authors and owners or licensees of material on our website must always be acknowledged via the following the following copyright notice: "© Copyright The Kelvin Consultants Limited 2023 and used under licence by Kelvin TOP-SET Limited. All rights reserved”
Trademarks: the following are legal trademarks of our licensors, The Kelvin Consultants Ltd. Any abuse of these trademarks will be pursued to the maximum extent possible under the law:
TOP-SET®
Kelvin TOP-SET®
Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or impairs the performance or functionality of our website or our information technology systems. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer, database or other system connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and any other related data we hold to them.
Severability
If any Court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason, such provision shall be ineffective only to the extent of the Court’s finding without in any way affecting the validity and enforceability of any remaining provisions.
Indemnity
You agree to indemnify and do hereby indemnify us against all costs, expenses (which shall include but not be limited to reasonable legal costs and outlays), losses and damages arising from or incurred as a consequence of any claims or demands arising from or flowing from your breach of these terms.
Jurisdiction
These terms shall be governed by and construed in accordance with the laws of Scotland. No contract is intended to be formed by your use of this website and you agree any such formation of contract will not occur without our prior written consent. The Scottish courts shall have exclusive jurisdiction to determine any dispute relating to your access to and use of the website including any contract arising therefrom. You are responsible for compliance with any applicable laws of the country from which you are accessing the website.