Terms & Conditions
These are the terms and conditions of use for kilmany.com and our associated mobile and tablet applications (Site). Please read these terms of use carefully before you start to use the Site. By using the Site, you indicate that you accept these terms of use and that you agree to be bound by them.
We reserve the right to change these terms and conditions from time to time by changing them on the Site and by continuing to use the Site you accept these changes and agree to be bound by them.
Information about us
The Site is operated by Kilmany Horticultural Services, We are a LTD company registered in Scotland. Our registered office is at Craigour, The Loch, Ceres, Fife, KY15 5QQ.
Access to the Site
It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the Site and that it is compatible with the Site. It is also your responsibility to ensure that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
We cannot guarantee the uninterrupted or error-free operability of the Site. Access to the Site is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Site without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site at any time for any period.
We are the owner or licensee of all intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos).
Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights in the Site or its content.
User generated content
The Site may, from time to time, make chat rooms, message boards, news groups and/or other public forums or methods of uploading user generated content (collectively “Forums”) available to its users.
We do not control the material submitted to Forums (collectively “Postings”). We do not screen, moderate or monitor any content either before or after it is posted or sent although we may use filtering tools from time to time to screen or suppress certain information or language. You acknowledge that all Postings express the views of their respective authors and not our views. Your content may be viewed by any user of the Site unless it is posted in a restricted members only area in which case only we and our members may view that content.
You are responsible for all content you may upload to the Site from time to time and indemnify us for any failure to obtain the appropriate permissions of the owner of rights in the content you upload and for any breach of these terms of use. We are not liable or responsible for the third party content on this Site including links to other sites and resources.
You should submit only content which belongs to you. You should never upload material that would violate the intellectual property or other rights of other people or organisations. Before posting or sending any content referring to or relating to any living person, you must obtain their explicit consent to be referred to on the Site and you warrant to us that you have done so prior to posting such material. If the living person is under 16 you must obtain the consent of their parent or guardian to this use.
By submitting your content or Postings, you give us and third party service providers permission to use, copy, adapt, edit, translate, make available and transmit or otherwise communicate, display and publish such content (or any part of it) and to create any derivative works from it together with the ability to sub-licence the same whether we refer to your user name or not and to the extent permitted by law, you waive any moral rights you may have in your content (i.e. the right to be identified as author of or to object to derogatory treatment of such content). The grant of these rights to us is irrevocable, worldwide and royalty-free. This means that we can continue to publish, use and display that content even if you ask us to remove it or after your registration has ended. We can use all or part of your content in advertising and marketing materials for our products and we may edit the content as we wish. It is in our sole discretion whether or not we use your content.
Liability
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you (whether caused by tort or by breach of contract or otherwise) for loss of anticipated savings, data, wasted time, indirect or consequential losses, or for any loss of profit, revenue, contracts, goodwill or other similar losses whether directly or indirectly incurred.
We exclude any liability arising out of any dealings you have with third parties that take place using or facilitated by our website unless specifically agreed elsewhere in our terms of use.
Any software is downloaded at your own risk.
You are responsible for and agree to pay us any losses, costs or expenses that we suffer as a result of you failing to comply with these terms of use.