Website Terms and Conditions
1. Information about us
Our site is operated by ETAG (‘we’/ ‘us’/ ‘our’”).
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.
2.4 When using our site, you must comply with the provisions of our Acceptable Use Policy
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.
3.7 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
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
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 www.etag.org.uk
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.
We reserve the right to refuse access to our site to any user at our sole discretion.
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.
17. Your concerns
If you have any concerns about material which appears on our site, please contact email@example.com
Thank you for visiting our site.