Terms and Conditions

This page (together with the documents referred to on it) tells you the Terms of Use on which you may make use of our website discoverscottishborders.com (“our Site”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use our Site. By using our Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.

 

INFORMATION ABOUT US

discoverscottishborders.com is a site operated by Discover Scottish Borders

We trade under the name “Discover Scottish Borders ”.
We are a community website showcasing a regional area of the UK.

 

ACCESSING OUR SITE

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 (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

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.
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.

When using our Site, you must comply with the provisions of our Acceptable Use Policy.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.

When you use and visit 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.

The information you give us will be treated in the strictest confidence and in accordance with all applicable laws, regulations and rules and in particular with all applicable laws, regulations and rules relating to privacy and personal data, including the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations (as amended).

As part of this undertaking, we promise that:

  • We will not pass your personal information to any third parties for marketing or sales purposes.
  • Your individual responses will remain anonymous, as they will only be used grouped with other confidential responses, unless you explicitly consent otherwise.
  • Your personal data can only be used for statistical or research purposes.
  • You can ask to be removed from our database at any time.
  • You are entitled to request the correction or deletion of your personal information at any time.
  • You have the right to request a copy of your personal information that we hold at any time.

 

INTELLECTUAL PROPERTY RIGHTS

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.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others within your organisation to material posted on our Site.

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.

Our status (and that of any identified contributors) as the authors of material on our Site must always be acknowledged. This covers both moral and legal rights of copyright.

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 licencors.

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.

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 Discover Scottish Borders or (b) marks that Discover Scottish Borders is licensed to use, and nothing in these Terms of Use shall confer on you any licence or ownership of such marks or of any other intellectual property right.

RELIANCE ON INFORMATION POSTED

Commentary and other materials posted 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.

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.

  • OUR LIABILITYThe material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.To the extent permitted by law, we, other members of our group of companies 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
    for any other loss or damage of any kind, however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.This 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.

UPLOADING MATERIAL TO OUR SITE

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. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

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.

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.
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.

VIRUSES, HACKING AND OTHER OFFENCES

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.

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.

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.

LINKING TO OUR SITE

You may link to our site, 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.

You must not establish a link from any website that is not owned by you.

Our Site must not be framed on any other site. 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.

If you wish to make any use of material on our site other than that set out above, please address your request to info@discoverscottishborders.com

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.

JURISDICTION AND APPLICABLE LAW

The Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site.
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 law of Scotland.

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.

YOUR CONCERNS

If you have any concerns about material which appears on our Site, please contact info@discoverscottishborders.com

TERMS OF USE

This acceptable use policy sets out the terms between you and us under which you may access our website discoverscottishborders.com (“our Site”). This acceptable use policy applies to all users of, and visitors to, our Site.

Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Site’s Terms of Use.
discoverscottishborders.com is a site operated by Discover Scottish Borders

  • PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Site’s
Not to access without authority, interfere with, damage or disrupt:
any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of our Site’s Terms of Use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy 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 make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site

PRIVACY

Please review our Privacy Policy, which also governs your visit to discoverscottishborders.com to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit discoverscottishborders.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.