Website Terms and Conditions
This page, together
with the Privacy Policy, the Acceptable Use Policy and any other
documents referred or linked to in this page, (together, the 'Terms
and Conditions') sets out the terms and conditions on which you may
make use of our website www.visitscotland.org ('our
site').
Please read these
Terms and Conditions carefully before you start to use
our site. By using our site, you indicate that you accept
these Terms and Conditions and that you agree to abide by
them. If you do not agree to these Terms of Use, you must
refrain from using our site.
1. Information about us
Our site is operated by
VisitScotland ('we'/ 'us'/ 'our'”). We are a body established
under the Development of Tourism Act 1969 and have our principal
office at Ocean Point 1, Edinburgh, EH6 6JH.
2. Accessing our site
2.1 Access to our site
is permitted on a temporary basis, and we reserve the right to
withdraw or amend the service we provide on our site without
notice. We will not be liable if for any reason our site is
unavailable at any time or for any period.
2.2 From time to time,
we may restrict access to some parts of our site, or our entire
site, to users who have registered with us.
2.3 If you choose, or
you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you
must treat such information as confidential, and you must not
disclose it to any third party. We have the right to disable any
user identification code or password, whether chosen by you or
allocated by us, at any time, if in our opinion you have failed to
comply with any of the provisions of these terms of use.
2.4 When using our
site, you must comply with the provisions of our Acceptable Use
Policy and (if you sign up for access to the VisitScotland
Forum) the Forum Conditions
2.5 You are
responsible for making all arrangements necessary for you to have
access to our site.
2.6 You are also
responsible for ensuring that all persons who access our site
through your internet connection are aware of these terms, and that
they comply with them.
3. Intellectual property rights
3.1 We are the owner
or the licensee of all intellectual property rights in our site,
and in the material published on it. Those works are protected by
copyright laws and treaties around the world. All such rights are
reserved.
3.2 You may:
(a) view and display the
contents of our site using your internet browser;
(b) download extracts of the
contents of our site to your computer solely for your own personal
use and not for any commercial or business purposes
whatsoever. You must ensure that if you download any
extracts, you also download these Terms and Conditions;
and
(c) print off a single copy
of a page or extract of our solely for your own personal use and
not for any commercial or business purposes whatsoever. You must
ensure that any printed materials include an acknowledgement of our
intellectual property rights in that content.
3.3 You must not
modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any
illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
3.4 Our status (and
that of any identified contributors) as the authors of material on
our site must always be acknowledged.
3.5 You must not use
any part of the materials on our site for commercial purposes
without obtaining a licence to do so from us or our licensors.
3.6 If you print off,
copy or download any part of our site in breach of these terms of
use, your right to use our site will cease immediately and you
must, at our option, return or destroy any copies of the materials
you have made.
3.7 The names and
logos identifying our site and/or us and our products and services
and the products and services of any third parties are either (a)
proprietary marks of VisitScotland or (b) marks that VisitScotland
is licensed to use, and nothing in these Terms and Conditions
shall confer on you any licence or ownership of such marks or of
any other intellectual property right.
4. Reliance on information
Commentary and other
materials posted or featured on our site are not intended to amount
to advice on which reliance should be placed. We therefore disclaim
all liability and responsibility arising from any reliance placed
on such materials by any visitor to our site, or by anyone who may
be informed of any of its contents.
5. Our site changes regularly
We aim to update our site
regularly, and may change the content at any time. If the need
arises, we may suspend access to our site, or close it
indefinitely. Any of the material on our site may be out of date at
any given time, and we are under no obligation to update such
material.
6. Our liability
6.1 The material
displayed on our site is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent
permitted by law, we and third parties connected to us hereby
expressly exclude:
- all conditions, warranties
and other terms which might otherwise be implied by statute, common
law or the law of equity;
- any liability for any
direct, indirect or consequential loss or damage incurred by any
user in connection with our site or in connection with the use,
inability to use, or results of the use of our site, any websites
linked to it and any materials posted on it, including, without
limitation any liability for:
- loss of income or
revenue;
- loss of business;
- loss of profits or
contracts;
- loss of anticipated
savings;
- loss of data;
- loss of goodwill;
- wasted management or
office time; and/or
- for any other loss or
damage of any kind, however arising and whether caused by tort
(including negligence), breach of contract or otherwise, even if
foreseeable.
6.2 Paragraph 6.1 does
not affect our liability for death or personal injury arising from
our negligence, nor our liability for fraudulent misrepresentation
or misrepresentation as to a fundamental matter, nor any other
liability which cannot be excluded or limited under applicable
law.
7. Information about you and your visits to our
site
We process information about
you in accordance with our Privacy
Policy. By using our site, you consent to such processing
and you warrant that all data provided by you is accurate.
8. Transactions concluded through our
site
Contracts for the supply of
goods, service and/or information concluded through our site or as
a result of visits made by you are governed by the relevant terms
and conditions of supply that you are required to agree to prior to
completing the relevant purchase.
9. Uploading material to our site
9.1 Whenever you make
use of a feature that allows you to upload material to our site, or
to make contact with other users of our site, you must comply with
the content standards set out in our Acceptable Use
Policy and (if you sign up for access to the VisitScotland
Forum) the Forum Conditions. You warrant that any such
contribution does comply with those standards, and you indemnify us
for any breach of that warranty.
9.2 Any material you
upload to our site will be considered non-confidential and
non-proprietary, and we have the right to use, copy, distribute and
disclose to third parties any such material for any purpose. We
also have the right to disclose your identity to any third party
who is claiming that any material posted or uploaded by you to our
site constitutes a violation of their intellectual property rights,
or of their right to privacy.
9.3 We will not
be responsible, or liable to any third party, for the content or
accuracy of any materials posted by you or any other user of our
site.
9.4 We have the
right to remove any material or posting you make on our site if, in
our opinion, such material does not comply with the content
standards set out in our Acceptable Use Policy.
10. Viruses, hacking and other offences
10.1 You must not
misuse our site 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 our
site, the server on which our site is stored or any server,
computer or database connected to our site. You must not attack our
site via a denial-of-service attack or a distributed denial-of
service attack.
10.2 By breaching this
provision, you would 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 our site will cease
immediately.
10.3 We will not be
liable for any loss or damage caused by a distributed
denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer
programs, data or other proprietary material due to your use of our
site or to your downloading of any material posted on it, or on any
website linked to it.
11. Linking to our site
11.1 You may link to
our home page, provided you do so in a way that is fair and legal
and does not damage our reputation or take advantage of it, but you
must not establish a link in such a way as to suggest any form of
association, approval or endorsement on our part where none
exists.
11.2 You must not
establish a link from any website that is not owned by you.
11.3 Our site must not
be framed on any other site, nor may you create a link to any part
of our site other than the home page. We reserve the right to
withdraw linking permission without notice. The website from which
you are linking must comply in all respects with the content
standards set out in our Acceptable Use Policy and (if you sign up for
access to the VisitScotland Forum) the Forum
Conditions
11.4 If you wish to
make any use of material on our site other than that set out above,
please address your request to visitscotland@visitscotland.com
12. Links from our site
Where our site contains
links to other sites and resources provided by third parties, these
links are provided for your information only. We have no control
over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise
from your use of them.
13. Jurisdiction and applicable law
13.1 The Scottish
courts will have non-exclusive jurisdiction over any claim arising
from, or related to, a visit to our site although we retain the
right to bring proceedings against you for breach of these
conditions in your country of residence or any other relevant
country.
13.2 These terms of
use 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 by and
construed in accordance with the laws of Scotland.
14. Termination
We reserve the right to
refuse access to our site to any user at our sole discretion.
15. Severance
If any provision of the
Terms and Conditions is judged to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of the
provisions of the Terms shall continue in full force and
effect.
16. Variations
We may revise these terms of
use at any time by amending this page. You are expected to check
this page from time to time to take notice of any changes we made,
as they are binding on you. Some of the provisions contained in
these terms of use may also be superseded by provisions or notices
published elsewhere on our site.
17. Your concerns
If you have any concerns
about material which appears on our site, please contact
visitscotland@visitscotland.com
Thank you for visiting our site.
