CONTACT US 0845 345 5004

This website is provided by MBM Commercial,  a limited liability partnership in Scotland. It is regulated by The Law Society of Scotland, and its registered number is SO330552. Its registered office is the 5th Floor, 125 Princes Street, Edinburgh, EH2 4AD. The firm is also authorised and regulated by the Law Society of Scotland (20613) and the Solicitors Regulation Authority (563609) as a multi-national practice.

Your use of this website shall be subject to the terms and conditions appearing in the Legal Notices pages including this Website Terms of Use section. We reserve the right to vary or alter such terms and conditions from time to time.

General Use

This website is for your own private use.  By accessing this website, you agree:

  • that you will access its contents solely for your own private use or for the purposes of the legitimate business of your business or employer but in any case for the purposes of information relating to the firm or generally and not for the reliance on any points of law;
  • not to copy, amend, reproduce or distribute the content, or disclose the content to third parties, other than in compliance with our Copyright Notice below;
  • to comply with all applicable laws and regulatory requirements relating to your use of this website;
  • to comply with all reasonable instructions we give you relating to this website;
  • not to advertise or sell any goods or services to other users of this website or to benefit on a commercial basis;
  • not interfere with, damage or disrupt any part of our website, any equipment, systems or network used to operate our website; and
  • that you are responsible for any material you send to or upload to this website and that such material is legal, does not infringe our rights, those of third parties or the provisions of the Legal Notices, is not defamatory, or otherwise objectionable and is free from bugs or viruses.

Personal Data

You agree that when using our website, we may collect personal data from you. We will only use your personal data as set out in our Website Privacy Notice.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the content on this website. Nothing in the Legal Notices gives you any right, title or interest in the website content or this website and you do not acquire any such right, title or interest through your use of the website.

Copyright Notice

The copyright in all material on the website is owned by us. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions. All our rights are reserved.

You are permitted to:

  • view and display the content of our website; and
  • print or download extracts from or whole pages for your personal use provided that you acknowledge our status (and that of any identified contributors) as the authors of content on our site

You are not permitted to:

  • modify the paper or digital copies of any material you have printed off or downloaded in any way without our prior written consent and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • publish, distribute, extract, re-utilise, or reproduce in any material form any part of this website except in accordance with the permissions set out herein or as agreed in writing by MBM Commercial.
  • incorporate any materials, or any part of the materials, from our website as part of any other work or publication, whether in hard copy, electronic or any other form.

Changes to these Terms of Use

We amend these terms from time to time. Every time you wish to use our website, please check these terms to ensure you understand the terms that apply at that time.

Changes to this Website

We may update this website from time to time to reflect changes to our services, user needs or business priorities.

Suspension or Withdrawal of our website

Our website is made available free of charge. We reserve the right to suspend, restrict access to, or close this all or any part of the website at any time.  We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

No Guarantees or Warranties

We offer no guarantee that this website will operate in accordance with your expectations or will be error free. We give no express or implied warranty in respect of this website or the website content (including, without limitation, as to its satisfactory quality, accuracy, performance, fitness for purpose or that it is up to date) and all such warranties are excluded except to the extent that their exclusion is  prohibited by law.

Reliance on Information on this website

Our website and its contents are provided for general information purposes only and nothing on this website or in its contents is intended to provide legal or other professional advice.  It is not intended to give a comprehensive legal analysis on any subject. The website content gives general information only as at its stated date or, if none, the date of first publication as the law may have since changed. We do not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. If you wish to find out more about the information in the materials published, please contact us by email. 

We are Not Responsible For Websites We Link To

We do not endorse nor are we responsible for the contents of websites operated by others that link to this website or that are accessible from it. Links to other websites are provided for information only. We have no control over the content of the websites linked to, and accept no responsibility for material found on them or for any loss or damage that may arise from your use of them.

Rules about Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Our Responsibility for Loss or Damage Suffered by you

MBM Commercial assumes no responsibility for any loss or damages caused by or in any way relating to this website or any such other website and so disclaims all liability accordingly. Our liability to you in connection with this website is only to take such actions as are reasonably required (in our sole discretion) in order to correct, remove or delete data entered in error or that is the subject of dispute.

Nothing in these Website Terms of Use or the Legal Notices excludes or limits our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, negligence, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our website; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Viruses:

We do not guarantee that our site will be secure or free from bugs or viruses. We assume no responsibility for any loss or damages that may be caused to any equipment or software as a result of any viruses, defects or malfunctions in connection with accessing or using this website, or the website content.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Waiver

Our rights under the Legal Notices may be waived only in writing and specifically.

Governing Law

The Legal Notices, including these Website Terms of Use and any dispute or claim between you and MBM Commercial arising from use of or in connection with this website will be governed by and interpreted in accordance with Scots law, notwithstanding the jurisdiction where you are based. You irrevocably agree that the Scottish courts will have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with these Legal Notices, including these Website Terms of Use and for those purposes irrevocably submit all disputes to the exclusive jurisdiction of the Scottish courts. The place of performance of the agreement made on these terms will be Scotland.

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