Website Terms of Use

Lothian Gas is the trading name of Lothian Gas Limited (Company No. SC176096), whose registered office is at Unit 5 Dryden Glen, Loanhead, EH20 9NA, Midlothian and a Gas Safe Registered Company - Registration: 127164.

Accessing or using this website constitutes your agreement to abide by these terms and conditions, so please read them very carefully. We may make changes to the website content and services from time to time (including these terms of use), so you should check them each time you access the Site.

Definitions 

Conditions: means these terms and conditions, and any additional or variation to these terms and conditions agreed in writing by Us, if any;

Services: the services offered to You via the Site

Information: all information, materials and other content on the Site, whether together or separately;

Rights: copyright and all other proprietary and intellectual property rights to and in the Information whether together or separately, unless stated otherwise;

Site: the Site on the World Wide Web located at www.lothiangas.co.uk, including all Information contained on it.

Us/We/Our: relates to us, Lothian Gas .

You/Your: relates to you, the person accessing the Site.

Data Protection Legislation: means the Data Protection Act 1998 superseded on 25th May 2018 by GDPR or any replacement legislation applicable in England and Wales from time to time (whether or not as a result of Brexit) and any other applicable laws relating to the processing of personal data.

GDPR: means regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

1. Use of the Site

1.1 We will use our reasonable endeavours to provide accurate and complete Services in the general area of gas safety, and You recognise that We use Our discretion in doing this. You are responsible for seeking advice and/or confirmation of all information, advice or other Site content that you rely on in any way.

1.2 We do not warrant or represent that the Site will be available uninterrupted, error-free, that defects will be remedied, or that the Site will contain no bugs, viruses, malware or analogous detrimental devices. You are responsible for taking appropriate steps to prevent any loss relating to such occurrences, and You agree to assume the risk for such loss, except where such loss is brought about by Our wilful neglect, act or omission.

2. Information Rights and Ownership

2.1. The Site is owned by Us. Unless explicitly agreed, the use and ownership of Information and Rights are and shall remain Our property, or those of third parties, and no licence or transfer of ownership shall be implied. All Rights in the Information are reserved.

2.2 Should any new Rights be created through the use of the Site, either alone or in conjunction with any other information or idea, then those rights shall belong to Us to the full extent allowed by law. In the event that any new Rights are found not to belong to Us, You undertake to grant or procure a perpetual, unfettered and free licence to Us to use those new Rights.

2.3. You may copy, download, adapt or print off copies of the materials, information, data and other content included on the Site for non-commercial use only, including personal use. You will need to obtain permission in writing from us for any further use of Site content.

2.4. Deletion, modification or use of the Information for any unauthorised purpose might violate Our copyright, trademark, and trade secret rights and others' proprietary rights, or those of third parties.

2.5. If You download software from the Site, the software is licensed to You on a non-exclusive, non-sub licensable basis. Such software is licensed for non-commercial use, including personal use. Ownership of the software will not transfer to You. You may not redistribute, sell, decompile, reverse-engineer or disassemble the software.

2.6. The use of Information on any other web site or network computer environment is forbidden, unless specifically allowed by these Conditions, or as otherwise explicitly agreed in writing with Us.

3. Links to Other Sites

3.1. We do not monitor the content of third party websites. Any link provided on this Site is solely for your convenience. We make no warranty or representation regarding the accuracy, completeness, likelihood to offend, or other aspects of their content, nor accept any liability regarding the same.

4. Notices

4.1. Any notice by You to Us must be in writing, and served by sending it by recorded delivery post to Our address, set out above, or by email to an address indicated on the Site.

5. Limitation of liability

5.1. The following clause specifies, to the extent allowed by applicable law, the extent to which We will be liable for Default. Our entire liability and Your sole remedies, in contract, tort or otherwise, are set out in this clause.

5.2. Nothing herein shall act to limit liability for death or personal injury caused by negligence.

5.3 Our liability to You in providing the Site, whether in contract, tort (including negligence), equity or any claim whatsoever shall on no account exceed an aggregate figure for all claims in any calendar year of £5000 (five thousand pounds), and shall be limited to direct damages only. It is agreed that We specifically exclude liability for:

5.3.1. economic loss, loss of profits, loss of use of profits, business, revenue, goodwill or anticipated savings; and

5.3.2. special, indirect or consequential loss.

5.4. You acknowledge that:

5.4.2. the exclusions and limitations in these Conditions are fair and reasonable in all the circumstances known at the date of Your agreement to abide by these Conditions; and

5.4.3. it is not possible to foresee and provide in these Conditions for all contingencies which may give rise to loss, damage or liability.

5.5. Each of the limitations and exclusions above is to be construed separately, applying and surviving even if any one or other of the limitations or exclusions is held inapplicable or unreasonable, and will remain in force despite termination of these Conditions.

6. Miscellaneous

6.1. The headings to the Conditions are for convenience only.

6.2. These Conditions contain the entire agreement between You and Us in respect of the use of the Site. These Conditions may not be amended orally and no waiver or amendment will be binding unless in writing and expressly incorporated into these Conditions by Us. In agreeing to these Conditions, You have not relied on any representation other than those expressly stated in these Conditions and You agree that You will have no remedy in respect of any misrepresentation which has not been made expressly in these Conditions.

6.3. These Conditions and any of Your rights under these Conditions are personal to You and may not be assigned to a third party without Our prior written consent.

6.4. These Conditions do not imply or create an employment, agency, partnership or joint venture between You and Us.

6.5 Our failure to insist upon the strict performance of any of Your obligations under these Conditions or any Contract will not be construed as a waiver and will not affect Our rights to require strict performance of such obligations.

6.6 If any part of these Conditions is found to be invalid or unenforceable, this will not affect the remainder of the Conditions, which will remain in full force and effect.

6.7 Nothing in these Conditions or any Contract will give or is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999.

7. Data Protection and Privacy

7.1. We will comply with Data Protection Legislation in processing all personal data and sensitive personal data. Further details are set out in Our Privacy Policy, which is available on this Site.

8. Governing Law and Jurisdictional Issues

8.1. We make no representation that any Information on the Site is appropriate or available for use in any locations/jurisdictions other than within Great Britain. If You choose to access and/or use the Site from locations other than Great Britain, You do so totally at Your own risk.

8.2. Scottish Law governs these Conditions and You submit to the jurisdiction of the Scottish Courts.