The use of this website (www.parabola.com, www.myedinburghpark.com or MyEdinburghPark App as appropriate) (the “Website”) is subject to the following terms and conditions (the “Terms and Conditions”) which you should read. By entering this Website, you as a user (“you” or “your”) are accepting these Terms and Conditions. If you do not agree to our Terms and Conditions, you must not use the Website.
We reserve the right to amend these Terms and Conditions from time to time. When we make a change, we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms and Conditions. If you continue to use the Website, you will be deemed to have accepted those changes from the point at which these changes come into effect.
Your use of this Website is also subject to the following additional policies:-
The Website is managed by Parabola. In these Terms and Conditions references to "we", "us" and "Parabola" means together: Parabola Management Limited (company number 14601706); Parabola Edinburgh Limited (company number 10638794); NW1A Limited (company number 11587074); Parabola Arts Limited (company number 05272724); and related companies in the Parabola group. All companies having their registered office address at Level 4, Dashwood House, 69 Old Broad Street, London, United Kingdom, EC2M 1QS.
We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis and you acknowledge that we may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and any other applicable terms and conditions, and that they comply with them.
You may use our Website only for lawful purposes.
You may not use our Website in any way that breaches any applicable local, national or international law or regulation or for any fraudulent purpose or effect.
You agree not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms and Conditions.
You agree not to access without authority, interfere with, damage or disrupt:
We will determine, in our discretion, whether there has been a breach of our Terms and Conditions relating to the acceptable use of the Website. When a breach has occurred, we may take such action as we deem appropriate depending on the nature of the breach including:
If you are in breach of these Terms and Conditions we reserve the right to record your IP address and retain content posted or uploaded to the Website by you or any content sent to you if: (i) required to do so by law; or (ii) if reasonably required to respond to any third party complaints. We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We exclude liability for actions taken in response to breaches of our Terms and Conditions. The responses described above are not limited, and we may take any other action we reasonably deem it appropriate.
All material on the Website or made available via the Website (“Content”) belongs to us or to third parties who have allowed us to use and display their material.
We are the owner, or licensee of, all intellectual property rights in or contained within the Website, and the material, trade marks (whether registered or unregistered) and other proprietary information and all Content published on it. These works are protected by various intellectual property laws, including copyright and trade mark laws. We are the owner or the licensee of all such materials and have rights in the selection, co-ordination, arrangement and enhancement of such materials, as well as in the content original to it.
You may print off one copy and may download extracts of any page(s) from the Website for your personal non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content of the Website, in whole or in part. You must not remove any product identification, copyright notices or legends or other notices or proprietary restrictions from any of the material or information on the Website.
The content on the Website (including images, illustrations, plans, prices and development layouts) is provided for general information only. Nothing on the Website is intended to be made part of, or form part of, a contract for services with you. You must not rely on any information on the Website and you must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
The Website is provided on an “as is”, “with all faults” and “as available” basis. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
Where the Website contains links to other sites and resources provided by third parties (“Third Party Sites"), these links are provided for your information only. We have no control over the contents of Third Party Sites or resources. We are not responsible for the reliability or content of Third Party Sites. The existence of links to Third Part Sites on the Website should not be taken as endorsement of any kind of the other sites in question. We cannot guarantee that links to Third Party Sites will work at all times and we have no control over the availability of the Third Party Sites. The operators of Third Party Sites may collect information from you which will be used by them in accordance with their own policies. We would encourage you to read the terms and conditions and data protection polices on Third Party Sites that you visit.
You may not create a link to the Website except with our prior written consent.
You are responsible for configuring your information technology, computer programmes and operating and/or hardware platforms in order to access the Website. You acknowledge and agree that it is your responsibility to use your own virus protection software. We do not guarantee that the Website will be secure or free from bugs or viruses and we cannot accept any responsibility for any loss, disruption or damage to your data or your computer systems which may occur whilst using material derived from this Website.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
Nothing in these Terms and Conditions shall limit or exclude our liability for: (a) death or personal injury resulting from negligence; or (b) any damage or liability as result of fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded by law.
To the extent permitted by law we hereby exclude from these Terms and Conditions any and all warranties, representations, conditions, licences and other terms implied by statute or common law.
To the extent permitted by law, we will not be liable to you or any user of the Website for any loss or damage including but not limited to: (a) any loss of profits; (b) loss of business; (c) depletion of goodwill and/or similar losses; (d) loss of anticipated savings; (e) loss of agreement or contract; (f) loss or corruption of data or information; or (g) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
If any provision of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect. Further, if any provision of these Terms and Conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such deletion(s) as may be necessary to make it valid and enforceable.
These Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in all respects in accordance with English Law. You hereby acknowledge and agree that the English Courts will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims) although we retain the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.