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1. Definitions
We are Kimber Battlefield Tours Limited, a company incorporated in Scotland under
the Companies Acts (company number SC343379) and having its registered office
at Wemyssfield House, Wemyssfield, Kirkcaldy, KY1 1XN. In these website terms
and conditions when we refer to "we" we mean Kimber Battlefield Tours
Limited. Our telephone number is 01592 642466. The words "us", "our"
etc. will be construed accordingly. When we refer to "you" we mean
the user and/or browser of this web site (the "website").
2. These Conditions
You are reading the terms and conditions for use of this website, the websites
www.kimberbattlefieldtours.co.uk and www.kimberbattlefieldtours.com and any other website
owned and controlled by us ("the Sites"). These terms and conditions, which are deemed to
incorporate our Privacy Policy (see below), make a legally binding contract between us and you.
Your acceptance of these terms and conditions is automatically and irrevocably made by you using
any of the Sites and takes effect from your first use of any of the Sites (or any part thereof). If you
do not accept these terms and conditions or have any objection to any part of them you should stop
using the Sites immediately.
We reserve the right to make changes to these terms and conditions from time to time which will take
effect from the date of posting of such changes on the Sites. Your continued use of the Sites will mark
your acceptance of any changes to the terms and conditions. These terms and conditions were last
updated on 1st November 2008.
We may from time to time display additional terms and conditions on the Sites, for example in
connection with a specific promotion or in connection with the sale of specific services. If the terms
and conditions for use of the Sites should conflict in any way with such additional terms then the
additional terms will prevail.
3. About Linking by Hypertext to the Sites
Before providing a link to any of the Sites or Site Information (as defined below), you must seek our
permission. To do this, email enquiries@kimberbattlefieldtours.co.uk with details of the URL which
you wish to link to which forms part of the Sites and the URL of the page on which you will be displaying
the link. We do not permit the display of any web pages which form part of the Sites or Site Information
in any html frame unless we have expressly authorised such display in writing.
4. Copyright and Other Intellectual Property Rights in the Sites
For the purposes of these terms and conditions the expression "Site Information" means the images,
graphics, photographs, text, animations, videos, applets, computer programs, computer code and scripts
operating within, or which form part of, the Sites.
Unless otherwise expressly stated, all intellectual property rights (including, without limitation, copyright,
trade marks, service marks, database rights and trading names) in the Site Information are owned by us.
We may publish photographs, images or text on the Sites in which the copyright is not owned by us.
Where this is done, and where practicable, we acknowledge the copyright owner.
5. About trade marks in the Site
The Sites contain numerous trademarks belonging to us. If you are in doubt as to whether an item is a
trademark of ours, please contact us for clarification by emailing enquiries@kimberbattlefieldtours.co.uk.
We may also use some trade marks on the Site which are not owned by us. Where practicable, we
acknowledge the relevant trade mark owners.
6. About the accuracy of the Site Information
External websites to which we provide hypertext links are not under our control and we take no
responsibility and shall not be liable in any way for their content.
It is a feature of the Sites that some of the Site Information is contributed to us by different third parties
(such as, without limitation, coach operators and hoteliers) and we do not control those parties or their
information. Opinions expressed within the Site Information are those of the authors and do not
necessarily represent our opinions.
The Sites, like any other, are susceptible to cyber-squatting, spoofing, phishing and vandalism. We do not
accept any responsibility for, nor liability in respect of any losses arising from, or information which
appears on the Sites as a result of, such actions.
Where the operation of the Sites depends on the input of information by you, the service provided by us
depends on, and varies according to, the accuracy of such inputted information. We can therefore
accept no responsibility for, nor any liability in respect of, the input of inaccurate information to the Sites
by you and/or any third parties.
In the unlikely event that you find any inaccurate information on the Sites or have any complaint about
what we have published please email enquiries@kimberbattlefieldtours.co.uk. We will investigate on
receipt and take such action which we, in our sole discretion, determine as being appropriate having
regard to all the circumstances.
7. About Personal Information and our Privacy Policy
We have a separate Privacy Policy which relates to our use of your personal information. We would
encourage you to read our Privacy Policy. Our Privacy Policy is available on the Sites and can be found by
clicking on the following link: Privacy Policy.
The Sites make use of "cookies". Cookies are data that a web site transfers to an individual's hard drive for
record-keeping purposes. Cookies, which are industry standard and are used by most web sites, including
those operated by us, can facilitate a user's ongoing access to and use of a site. They allow us to customise
the Sites to your needs. If you do not want information collected through the use of cookies, most web
browsers allow you to easily deny or accept the cookie feature. You should refer to the documentation for
your particular web browser for instructions as to how to prevent websites using cookies on your computer.
However, you should note that cookies may be necessary to provide you with some features of our on-line
services.
8. Provision of services by third parties
Some of the pages which form part of the Sites may make use of which are provided to us and/or hosted for
us by third parties. Where you make use of such technologies and applications your information may be
transmitted for processing to servers other than those which host the Sites and which are not within our
control. We exclude all liability to you arising from any loss or damage you may sustain as a result of such
transmission or processing. We make no representation, endorsement or warranty to the accuracy of
information which appears on the Sites as a result of processing by, or originating from, third parties.
9. Further information about our liability to you
To the fullest extent lawfully possible, we exclude all liability to you in contract or in delict. We also exclude
liability to you for any loss of profits, business, contracts, revenue, anticipated savings, goodwill, loss of or
damage to data, or any other indirect or consequential loss or damage howsoever arising, including but not
limited to business interruption. Without prejudice to the foregoing, our entire liability to you in connection
with the use of the Site shall be limited to £0.01. By using the Sites, you agree that this limitation is in all
respects fair and reasonable.
10. Service Interruption and Viruses
While we will make every effort to ensure that this website is free of viruses and that access is provided
continuously or free of faults, it is technically impossible to provide a website free from interruptions and
(except to the extent that interruptions are caused by our negligence) we make no guarantees that this
website will be free from interruptions or viruses. As a consequence and in common with most web publishers
we take no responsibility for service interruption or the transmission of viruses or other malicious computer
code through the Sites.
In addition, we may need to carry out maintenance of the web site from time to time and in doing so, we will
attempt to keep disruption to the website to a minimum. We will not be held responsible for any damage to
your computer or any of your property as a result of browsing this website or of downloading any of the files
on this website.
11. Applicable Law
These terms and conditions are governed by Scots law and you agree that any dispute between us in relation
thereto shall be subject to the non-exclusive jurisdiction of the Scottish courts.
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