Terms of Service

Last Updated: 05/09/2023

These terms of service (“Terms”) apply to your access and use of our apps and websites. Please read them carefully.

Accepting these Terms

If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by emailing support@orcadian.co.uk.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.

Whenever we make changes to these Terms, the changes are effective after we post such revised Terms (indicated by revising the date at the top of these Terms). It is your responsibility to check for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy available at https://www.orcadian.co.uk/privacy-policy/.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by copyright laws. We grant you the right to use it.

However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilise framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Orkney Media Group makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

Limitation of Liability

We are not liable for any loss or damage, howsoever arising, from contributions to the website and its community by other parties, your use of this site or inability to use this site, or any errors and omissions on this site, whether in contract, tort or otherwise and whether such loss or damage is foreseen or foreseeable. This includes but is not restricted to indirect, consequential, special or exemplary damages, loss of business, loss of profit, loss of revenue, loss of opportunity, loss of reputation, loss of data and loss suffered by third parties. This does not exclude our liability for fraud, or for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited by law.

We make no representations and give no warranties with regard to the quality, suitability, reliability, compatibility, accuracy, non-infringement or completeness of the contents of this website, and any implied warranties are excluded to the extent permitted by law.

We do not warrant that this website, the server that supplies it or any other of our systems will be uninterrupted or free of errors, viruses or bugs and we shall not be liable if this site is inaccessible at any time. Access may be suspended temporarily without notice for technical reasons or for reasons over which we have no control.

Competitions and Prize Draws

1. Our prize draws and competitions are organised by Orkney Media Group Ltd (hereafter referred to as OMG).

Address: Hell’s Half Acre, Hatston, Kirkwall, Orkney, Scotland, KW15 1GJ

Registered company number: SC315893

How to enter

2. Entries received after the stated closing date will not be accepted.
3. Our prize draws and competitions are free to enter and no purchase is necessary, unless otherwise stated.
4. OMG will not accept responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
5. By submitting an entry, you are agreeing to be bound by these Terms and Conditions. If you have any questions, please contact reception@orcadian.co.uk
6. OMG reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these terms and conditions.

Eligibility

7. Unless otherwise stated, our prize draws and competitions are open to all except employees of OMG, their families, agents or any third party directly associated with administration of the prize draw.
8. Entrants under 18 must get consent from their parent(s) or legal guardian(s) before entering. The parent(s) or legal guardian(s) of entrants under 18 agree to these Terms and Conditions on behalf of the entrant.
9. Only one entry per person is permitted, unless otherwise stated in the competition information provided by Orkney Media Group Ltd.
10. In entering, you confirm that you are eligible to do so and eligible to claim any prize you may win. OMG may require you to provide proof that you are eligible to enter the prize draw or competition.
11. OMG reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize draw or competition.

The Draw

12. A winner will be chosen by random draw within one month of the prize draw or competition ending.
13. The winner will receive details of the prize.
14. The winner will be notified by email or telephone (using details provided at entry) within 7 days of being chosen and must provide a postal address to claim their prize. If a winner does not respond to OMG within 14 days of being notified, then the winner’s prize will be forfeited and OMG will be entitled to select another winner in accordance with the process described above.
15. The prize, which includes details of how to claim the prize if provided by third parties, will be sent to the winner within 14 days of responding to OMG.
16. The prize is non-exchangeable, non-transferable and no cash alternative is offered. OMG reserves the right to replace the prize with an alternative prize of equal or higher value if circumstances beyond OMG’s control makes it necessary to do so.
17. The decision of OMG regarding any aspect of the prize draw or competition is final and binding and no correspondence will be entered into about it.
18. The winner’s name and county can be obtained by sending a stamped addressed envelope to OMG at the above address or an email to reception@orcadian.co.uk within 60 of days after the closing date of the prize draw or competition.
19. OMG reserves the right to hold void, cancel, suspend, or amend the promotion where it becomes necessary to do so.

Limitation of liability

20. Insofar as is permitted by law, OMG, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of OMG, its agents or distributors or that of their employees. Your statutory rights are not affected.

Data protection and publicity

21. OMG is committed to protecting and respecting your privacy and will only use your personal information in accordance with these Terms and Conditions and OMG’s Privacy Policy.
22. By entering, you agree that any personal information provided by you with your entry may be held and used by OMG or its agents and suppliers to administer the competition.

Governing law

23. All our prize draws and competitions will be governed by Scottish law and entrants to the prize draw submit to the jurisdiction of the Scottish courts.
24. OMG reserves the right to update these Terms and Conditions from time to time and any updated version will be effective as soon as it is published on this website.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address support@orcadian.co.uk.