Terms and Conditions

1.1 General Conduct Requirements

When using our website and services, you agree to:

• a. Comply with all applicable laws, regulations, and these Terms and Conditions
• b. Provide accurate, current, and complete information when requested
• c. Use the website for lawful purposes only
• d. Respect the rights of other users and third parties
• e. Not use the website in any way that could damage, disable, or impair our services

1.2 Prohibited Activities

You expressly agree not to:

• a. Use the website for any fraudulent, unlawful, or unauthorized purpose
• b. Transmit any material that is defamatory, offensive, or violates third-party rights
• c. Introduce viruses, trojans, worms, or other malicious code
• d. Attempt to gain unauthorized access to our systems, networks, or data
• e. Engage in any activity that interferes with or disrupts the website
• f. Use automated systems to access the website without our express written permission
• g. Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• h. Harvest or collect information about other users without their consent

1.3 Content Guidelines

Any content you submit to us must:

• a. Be accurate and not misleading
• b. Not infringe any copyright, trademark, or other intellectual property rights
• c. Not contain anything unlawful, threatening, abusive, or obscene
• d. Not contain viruses or other harmful code

1.4 Age Restrictions

Our website is intended for users who are at least 18 years old. By using our website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms and Conditions. We do not knowingly collect information from individuals under 18.

2.1 Compliance with Laws

You are responsible for ensuring that your use of our website complies with all applicable laws, regulations, and legal requirements in your jurisdiction. This includes, but is not limited to, laws related to data protection, intellectual property, defamation, and computer misuse.

2.2 Indemnification

You agree to indemnify, defend, and hold harmless Hartwell & Co, its partners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• a. Your use of or inability to use the website
• b. Your breach of these Terms and Conditions
• c. Your violation of any rights of another party
• d. Any content you submit to us

2.3 Privacy and Data Protection

You are responsible for understanding how we collect and use your personal data. Please review our Privacy Policy and Cookie Policy for detailed information. By using our website, you consent to the collection and use of information as described in these policies.

2.4 Third-Party Interactions

If you engage with third-party services, websites, or content through links on our website, you do so at your own risk. We are not responsible for the content, policies, or practices of third-party websites, and your interactions with them are governed by their own terms and conditions.

3.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• a. Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied
• b. We do not warrant that the website will be uninterrupted, timely, secure, or error-free
• c. We do not warrant that the information provided is accurate, complete, or reliable
• d. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement

3.2 Limitation of Liability

This limitation applies to:

• a. Any errors, mistakes, or inaccuracies in content or information
• b. Personal injury or property damage resulting from your use of the website
• c. Any unauthorized access to or use of our servers or any personal information stored therein
• d. Any interruption or cessation of transmission to or from the website
• e. Any bugs, viruses, or harmful code transmitted through the website
• f. Any reliance on information provided on the website

Our aggregate liability for all claims arising from your use of the website shall not exceed £100 (one hundred pounds sterling).

3.3 Exclusion of Consequential Damages

Under no circumstances shall Hartwell & Co be liable for any consequential, incidental, or special damages, including but not limited to loss of business, loss of profits, loss of data, business interruption, or loss of business opportunity, even if we have been advised of the possibility of such damages.

3.4 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland and the United Kingdom, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

4.2 Jurisdiction

You agree that any legal action or proceeding arising from or relating to these Terms and Conditions or your use of our website shall be brought exclusively in the courts of Scotland. You consent to the personal jurisdiction of such courts and waive any objection to venue in these courts.

4.3 Dispute Resolution Procedures

Before initiating any legal action, we encourage you to contact us to attempt to resolve any disputes informally. We are committed to working with you in good faith to resolve any issues. If informal resolution is unsuccessful, the following procedures apply:

• a. Either party may initiate mediation to attempt to resolve the dispute
• b. If mediation is unsuccessful, disputes shall be resolved through the Scottish courts
• c. Each party shall bear its own costs for dispute resolution unless otherwise ordered by a court

4.4 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

4.5 Waiver

No waiver by Hartwell & Co of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

4.6 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hartwell & Co regarding your use of our website and supersede all prior or contemporaneous communications and proposals, whether oral or written.

4.7 Assignment

You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent. We may freely assign or transfer our rights and obligations under these terms without restriction.