This page contains important information concerning your usage of this site and our terms of business.
Terms of Service
- “Client” means the person and/or organisation who purchases Services from the Supplier;
- “Consumer” shall have the meaning ascribed in Section 12 of the Unfair Contract Terms Act 1977;
- “Contract” means the contract between the Supplier and the Client for the provision of Services incorporating these Terms of Service;
- “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property right recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party;
- “Proposal” means the document describing the services to be provided by the Supplier as confirmed by e-mail to the Client.
- “Services” means the hosting services that the Client agrees to buy from the Supplier as specified in the Proposal;
- “Supplier” means InterScot Network Ltd, 272 Bath Street, Glasgow, G2 4JR, United Kingdom which is a registered company in Scotland (SC209567).
- “Terms of Service” means this agreement, but will also include any special Terms of Service agreed in writing by the Supplier;
- “Working days” means any Monday to Friday from 9am to 5pm excluding all public and bank holidays in Scotland.
- “Content” means text, graphics, logos, photographs, images, moving images, sound, illustrations, software and other material and related documentation featured, displayed or used in or in relation to the Website
- These Terms of Service apply to all contracts for the sale and provision of Services by the Supplier to the Client and will prevail over any other agreement, documentation or communication whatsoever between the parties.
- Nothing in these Terms of Service is intended to affect a Client’s statutory rights as a Consumer.
- These Terms of Service may be varied at any time by the Supplier without notice and changes to the agreement can apply retroactively.
- Any special conditions which apply will be set out in the Proposal.
- Any complaints by the Client must be in writing to the Supplier’s address stated in Clause 1(7)
- The Client is not entitled to withhold any payment of the price, or part thereof from the Supplier. Any complaints or queries by the Client, including any snagging lists, must be in writing to the Supplier’s address stated in the Proposal.
3 THE SERVICES
- Details of the Services which the Supplier will supply to the Client are contained within the Proposal. Any samples, drawings, specification, product details in any format or any form of advertising material are shown by the Supplier to provide some indication of the Services and are not part of the agreement unless specifically stated within the Proposal.
- When the Client places an Order with the supplier (“the Order”) they will be deemed to have accepted the Proposal and these Terms of Service.
- The agreement between the Supplier and the Client, incorporating these Terms of Service, shall only come into force when the Supplier confirms an Order to the Client. Prior to any confirmation the Supplier has the right to refuse any Order.
4 PRICE AND PAYMENT
- The Price of the Services is as shown on the Supplier’s website. Any additional Services to be supplied will be agreed in writing between the Client and the Supplier and will be subject to additional charges
- Payment must be made in accordance with the Proposal.
- Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear for any reason or is not made on time), then the Supplier reserves the right to immediately cease or suspend the provision of any Services until full cleared payment is received by the Supplier.
- The Supplier will charge interest on overdue payment at the rate of 2.48% per month and is also entitled to recover all reasonable expenses incurred in obtaining payment from the Client where any payment or part payment due to the Supplier is late.
5 BUYER’S OBLIGATIONS
- To enable the Supplier to provide the Services, the Client will at all times:
- co-operate with the Supplier and provide any documents, information and/or materials, support and facilities required, and within a reasonable time of such a request from the Supplier. The Client specifically agrees to deliver to the Supplier the Website and the software used in the Website (which is owned by the Client, or licensed to him by a third party or the Supplier), in a format specified by the Supplier.
- obtain all and any licences, permission, consents and anything similar prior to the supply of the Services. Unless specified within the Proposal, the costs of meeting this will be the responsibility of and will be paid directly by the Client.
- ensure and agree that anything passed to the Supplier has been checked by the Client as being accurate, suitable for the use the Client requires, is proof-read, is final and requires no further amendment and does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, is not contrary to any law and is virus-free and functions satisfactorily and will be provided by the Client in the format the Supplier specifies
- comply with all statutes and statutory regulations applicable to the Services.
- The Client will also comply with the Proposal and all and any Special terms contained within that Proposal.
- The Client agrees that the Supplier has a non-exclusive, worldwide, and royalty-free sub-licensable licence for the whole of any term, including any renewal term, if applicable, to copy edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use the Client content as necessary solely for the purposes of rendering and operating the Supplier’s services to the Client. For the avoidance of doubt, this does not transfer or grant to the Supplier any right, title, interest or intellectual property rights in Content supplied to the Supplier by the Client.
- Prior to the Services starting, the Client will obtain the approvals, licences and permissions and authority as detailed in the Proposal to enable the Supplier to carry out the Services and where required will provide evidence of such to the Supplier. However, where applicable, by placing an Order the Client undertakes that they have the authority of any owners of relevant equipment and/or premises where the Services are to be performed.
- Use of the Internet and websites are designed for computers which meet certain specifications as to hardware, including servers and software. It is the Client’s responsibility to ensure that any equipment used by the Client meets the Supplier’s minimum criteria for this. Consultancy advice can be provided to the Client at the Client’s request as to the specifications. The Supplier will advise the Client at the time of the Client‘s request whether any additional charge will be made for the provision of this advice.
- The Client agrees to fully test anything which the Supplier reasonably requires.
- It will always remain the Client’s responsibility to retain, as applicable, up to date copies and backups of any information and/or data and content in connection with the Client’s website once the services have been completed by the Supplier and it is not the Supplier’s responsibility to retain any copies or backup. The Supplier can not accept any responsibility whatsoever and will not be liable for any losses, claims or damages which may arise because copies have not been made and/or data and/or content is not/has not been backed up.
- Bandwidth, Data-Transfer And Storage
- The Client agrees to all bandwidth, data-transfer volume restrictions and storage restrictions as applicable and as detailed on the Proposal and agrees that the Client will be responsible for payment if the Client exceeds the limits.
- For security purposes direct console access to the servers is not permitted and any direct updates or changes must be done through FTP.
- The Client agrees to regularly check all email accounts and download anything stored. Where capacity is exceeded in any e-mail, it may simply be returned to the recipient. Where e-mails have not been checked and the mailbox maintained for a period of 2 months then the Supplier reserves the right to suspend the service without notice.
- The Client agrees that the Client will not undertake any action that will in any way cause a disproportionate level of website activity without giving the Supplier 14 days prior written notice
- The Client will indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Client’s breach of any of its obligations under the agreement, including any claims brought against the Supplier alleging that any Services manufactured/designed according to the Client’s specification and provided by the Supplier in accordance with the Proposal infringe any rights whatsoever of any third party.
6 SUPPLIER’S OBLIGATIONS FOR DELIVERY & PERFORMANCE OF SERVICES
- The Supplier will supply Services in accordance with the description of such Services contained within the Proposal. Time limits provided are estimates only.
- The Supplier will perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice. However, whilst the Supplier will use its reasonable endeavours to supply the services, the Supplier shall not be responsible for any failure to provide services or any unavailability. In particular, the Supplier cannot guarantee that access to a website or any other services will be uninterrupted, secure or error-free. The Supplier is not responsible for any events, such as crashes, which may result in content and data loss.
- For Hosting services the Supplier will use their reasonable endeavours to make the server and the Services available to the Customer for the percentage of Uptime as detailed in the Proposal (if any). However, because of the nature of such Services, the Supplier makes no warranties or representations that the Service will be uninterrupted or error-free and the Supplier shall not, in any event, be liable for interruptions of Service or downtime (service interruption in the availability to visitors of the Website)
- The Supplier makes no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, including data, materials, documents or any e-mail the Supplier sends.
- With hosting services, the Supplier will maintain control and ownership of the internet protocol (IP) address that is assigned to the Client as part of the Services
- the Supplier reserves the right, in their sole discretion, to change or remove any and all IP addresses. However, should this occur then the Supplier will use their reasonable endeavours to avoid any disruption to the Client.
- The level of Support, including any applicable technical support, if any, is detailed on the Supplier’s website.
- Unless provided otherwise within the Proposal any alterations can be made by the Client using the online account management facility.
- Fault Response Times, if any, are detailed on the Supplier’s website. The Supplier will in their sole discretion determine what constitutes a major problem and what constitutes a minor problem.
- Some features of the Supplier’s services will be based on software, items and/or services provided by third parties. The Client acknowledges that they have entered into a separate agreement with the relevant third party and specifically agrees that the Supplier can not be responsible for any faults, failures, errors, or issues relating to the operation of third party software nor the availability of updates and upgrades
- It is the Client’s responsibility to adhere to any agreement that is in force pertinent to the hardware, software or any other item in the form of a user agreement. By entering into any agreement with the Supplier, the Client is also confirming that the Client has read and agrees to adhere to such user agreements, including any fee payment, and that the Client understands that there is an agreement directly between the Client and the third parties.
- The Supplier reserves the right to suspend the services and to substitute any person within the Supplier’s organisation, and sub-contract as and where the Supplier, in their sole discretion, determine.
- The Client is always responsible for anything which the Client submits to the Supplier including, but not limited to data, information, materials or documents, any content or anything else whatsoever and the Supplier advises that the Client maintains adequate insurance both in transit and whilst in the Supplier’s care. The Supplier always advises that the Client retains, as applicable, copies/backup of anything which is submitted to the Supplier. The Supplier can not be held responsible for the destruction or damage of any item whatsoever which the Client submits to the Supplier, including replacement, re-shooting, reprinting, copying nor any losses whatsoever which occur as a result thereof.
- If the Supplier has specifically agreed on any Proposal to supply any report or documentation, they will be in whatever format and contain the information that the Supplier, in their absolute discretion, deems appropriate.
- The Supplier shall be entitled to procure the services of any other persons and/or organisations with suitable skills and experience as are necessary from time to time in order to provide the Services.
- Except as expressly stated in these terms and agreement or those statutory warranties which apply to consumers, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the Services to be provided by the Supplier.
7 RESPONSIBILITY AND USE
- The Client agrees to be solely responsible for the use of any Services supplied and that they will use the Services legally and only for the purposes that such Services are intended to be used for and at all times in accordance with any applicable intellectual property rights, instructions, advice, suggestion, guidance, licence and information. This includes ensuring that the Client reads all the information and guidance supplied by the Supplier, takes any required precautions and/or tests before use and fully understands what the services comprise of. Where the Client fails to take such care and precautions and care advised by the Supplier, then the Client will be responsible for all and any damages or losses incurred because of the Client’s failure to take such action, precautions and care.
- Furthermore the Client agrees that they:-
- are always responsible for their website, including all content. For the avoidance of doubt, the Supplier is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of any Services.
- (b) will not misuse any Services supplied and will abide by any laws applicable to any Services supplied.
- (c) are solely responsible for maintaining the confidentiality of any username and password supplied and for all use and activities in relation to the Services. The Client also confirms that they will notify the Supplier immediately of any unauthorised use, or any other known or suspected breach of security and also use reasonable efforts to immediately stop any misuse that is known or suspected by the Client
- (d) will comply with the Supplier’s Acceptable Use Policy as detailed at Schedule 1.
- It is the Client’s responsibility to ensure that the Services are suitable for the Client’s own use.
- The Client specifically accepts that the effectiveness of any Services will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
- The Client specifically agrees that the Supplier has no liability and furthermore that the Client will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this Clause.
8 CONFIDENTIALITY & DATA PROTECTION
- Both the Supplier and the Client agree that the specifications, documentation and information obtained from each other or about each other during the provision of the Services are confidential.
- Both parties agree that they will not disclose to any third party, whether by themselves directly or indirectly, by act or omission, or through any other company, firm or person, or otherwise procure, cause or facilitate the disclosure of any confidential information or trade secrets belonging to the other party save as agreed by both parties or as required by law or Court Order.
- Data will be held according to current applicable Data Protection legislation subsisting in Scotland.
9 INTELLECTUAL PROPERTY RIGHTS
- Upon cleared payment of all amounts due to the Supplier from the Client, the Client is assigned the rights to use the Services. All Intellectual Property remains the Supplier’s property. Unless the Client has the Supplier’s specific written agreement, which is usually contained on the Proposal, ownership of anything the Supplier provides during the services does not pass to the Client. The Client specifically agrees not to do anything that may in any way infringe upon or undermine the Supplier’s rights, title, or interests. This includes, but is not limited to, any licence, sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that the Supplier owns. The Client fully understands that the Supplier may reproduce, re-use, develop and use in any other way the Supplier chooses, anything within the Supplier’s ownership.
- No such rights as described in (1) above will pass until the cleared payment of all amounts due to the Supplier from the Client. This means that the Supplier will have a lien over any data or materials. If all payments due from the Client have not been paid and cleared in full within 2 months from the date of the invoice the Client agrees that the Client will forfeit the Client’s rights.
- Rights to photographs, graphics and any third party items, always remain the property of their respective owners.
- If any items relating to the Supplier’s services, including any data, information and any materials supplied by the Client, prints and original files are not collected after 3 months from the date the Supplier completes the work then the Supplier reserves the right to dispose of such data, information and materials.
10 CANCELLATIONS AND TERMINATION
- If the Services do not comply with the Proposal or are faulty, then the Client should notify the Supplier in writing within 14 days of such non-compliance or fault. The Supplier will, at their sole discretion, then rectify the problem or provide the Client with a refund. However, if the Client has not paid in full for the Services or the Client has not complied with their obligations then the Supplier is under no obligation to rectify any defect in respect of this clause.
- In view of the nature of the services provided, if the Supplier accepts an electronic order is accepted, then the Client waives any cancellation or refund rights under the Consumer Protection (Distance Selling) Regulations 2000, particularly Regulation 13, unless agreed otherwise in writing.
- If one party commits a material breach of the agreement and either:
- the breach is not capable of being remedied, or,
- where it is capable of being remedied, the breach has not been remedied within 30 days of written notice of the breach by the party who has not committed the breach, then the party who has not committed the breach may terminate the agreement forthwith by written notice to the other party.
- Other than as provided for in this Clause, either party may terminate the agreement (as regards some or all of the Services) at any time for any reason by giving to the other 30 days’ written notice. Any payment which is due for Services supplied up to the date of termination remains payable. Any payment already made for Services supplied up to the date of termination is non-refundable.
- The agreement will automatically terminate if either party, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect, ceases to carry on its business or substantially the whole of its business or is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11 LIMITATION OF LIABILITY
- Nothing in these Terms of Service shall exclude or limit the Supplier’s liability for death or personal injury resulting from the negligence of the Supplier or their employees or agents.
- The Supplier shall never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by the Client or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
- Time limits provided are estimates only and time shall not be of the essence and the Supplier shall incur no liability to the Client in respect of any failure to complete the Services by any agreed completion date.
- Other than those implied by law where the Client is dealing as a Consumer, in the event of the Supplier breaching any of these Terms of Service the Client’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Services.
The Client will indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Client’s breach of any of its obligations under the agreement, including any claims brought against the Supplier alleging that Services manufactured/designed according to the Client’s specification and provided by the Supplier in accordance with the Proposal infringes any rights whatsoever of any third party.
Nothing in these Terms of Service and no express or implied waiver by the Supplier in enforcing any of its rights under any contract shall prejudice its rights to do so in the future.
14 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
- Any Notices for either party must be sent by e-mail or to the address which appears on the Proposal.
- Unless the contrary is proved, Notices sent by e-mail will be deemed to be received on the day it was sent.
- Notices being served by post must be served using Royal Mail Special Delivery or other guarantee services and will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.
16 INVALIDITY & SEVERANCE
Each clause or any part at all of these terms and agreement is to be regarded as independent of the others. This means that should any clause or any part at all of the agreement be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of the agreement.
17 GOVERNING LAW & JURISDICTION
These Terms of Service and agreement shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.
Acceptable Use Policy
The Services must always be used lawfully and the Client specifically agrees not to submit, display or publish any content or anything whatsoever illegal.
- The files stored on an account are to be used for the sole purpose of the associated website and should not be used as a storage or backup repository. This includes, but is not limited to, using the server space as a repository to store games, music, videos, software, etc.
- File hosting websites of any kind are strictly forbidden. A file hosting site is broadly defined as a site where third-party users can upload files to the hosting account.
- File downloads are allowed as part of normal website activity, but it is forbidden for the website to focus primarily on downloads as the main purpose of the site.
- Storage, distribution and transmission of viruses, malware, trojans and malicious code through a Client’s hosting account is strictly prohibited. Evidence of such activity having occurred will result in immediate suspension of the hosting account.
- Supplier reserves the right to determine what it considers to be a prohibited activity under this policy (eg engaging in malicious activity, storing potentially malicious code)
EMAIL POLICY & SPAM
- The sending of unsolicited and/or bulk messages by the Client from the Supplier’s servers across the Internet is strictly forbidden and will result in the suspension of an account without notice.
- It is the Client’s sole responsibility to ensure that any passwords for mailboxes set up on the Client’s hosting account are strong/secure and remain unsusceptible to intrusion attempts and common exploits.
- Spam found to be sent through an account, either intentionally or otherwise, may result in the account being suspended and/or terminated without notice.
- Depending on the severity of any spam sent through an account, the Supplier reserves the right to charge a clean-up fee for damages incurred.
- Supplier reserves the right, in its sole discretion, to determine whether emails were part of a legitimate opt-in mailing list regardless of any claims made by Client.
- A maximum of 100 emails per hour may be sent from a single hosting account.
- Mail activity that generates complaints from recipients, irrespective of whether the mail was deemed to be spam or not, may result in account suspension without notice in order to protect Supplier’s reputation.
- Clients requiring a higher volume of mail activity should engage the services of a specialist third-party mailing provider for bulk and/or commercial mail delivery – the services provided by Supplier are not suitable for this purpose.
In addition to the Terms of Service the Client agrees not to do or allow any of the following:
- make available or upload or otherwise use any corrupt data or harmful component, including but not limited to, virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate
- Use in particular material or content which the Supplier, in their sole discretion, deem to be unacceptable, harmful, illegal or offensive; any infringement of intellectual rights and copyright; nor use the Services for illegal purposes such as fraud or in any other crime.
- will not have any content nor publish, post, distribute or disseminate anything which is, or could be perceived to be, defamatory, libellous, discriminatory (in any form), malicious, violent, offensive, pornographic, against public decency, exploiting, cruel, malevolent, nor abusive, offensive or obscene in either language or content nor incite such behaviour
- send any email or any type of electronic message with the intention or result of affecting the performance of any computer facilities
- threaten, abuse, disrupt, harass or violate or invade the rights and/or privacy of any individual or organisation,
- obtain or attempt to obtain access, through whatever means, to areas of the Supplier’s network or the Services which are identified as restricted or confidential
- engage in illegal or unlawful activities through or via the Services or the Web
- anything which reflects unfavourably on the goodwill and reputation of us, the Website, any of our associates, advertisers or other users.
WEBSITE USAGE AGREEMENT
- “website” means www.interscot.net
- “user” or “you” means anyone using and/or visiting the website for any purpose
- “we” or “us” means InterScot Network Ltd, 272 Bath Street, Glasgow, G2 4JR, United Kingdom which is a registered company in Scotland (SC209567).
- “Associate” means any third party, whether person or organisation, with whom we are associated in any way. This will include associates who can provide services and products to you, advertisers whose websites and marketing materials we appear on and any person or organisation that has a link to or with our website.
ABIDE BY TERMS
By using the website you confirm that you are aged 18 or over, and that you have read and understood and agree to be bound by these terms and conditions. Where you are using the website on behalf of an organisation you confirm that you have the legal right to do so and that the organisation agrees to and permits the use of the website generally.
OUR SUPPLY OF WEBSITE
- Whilst we will use our reasonable endeavours to supply the website and its content, we are not responsible for any failure to provide the website or any services or any unavailability. The website is available on an “as is” and “when available” basis.
- We cannot guarantee that the services will be uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website nor in respect of any e-mail or document which we provide. We are not responsible for any loss or damage whatsoever caused or resulting from the use or a failure to provide the website or for any virus or defect as a result of any e-mail or document we send.
- Any right to use the website is at our sole and absolute discretion. We specifically reserve the right to choose users, including choice by invitation only, and our decisions are absolute.
- Full use and contents of the website may only be available to users who register with us.
- Unless you have our prior written permission otherwise, use of the website is for your own use.
- We have made every effort to ensure that any products are displayed as accurately as possible but can not be responsible for variations. What you see depends on your monitor and settings and we can not guarantee this will be accurate
- Any advertisement, opinion, statement, recommendation, information, posts, any links to any websites or information or anything whatsoever will not form a recommendation, guarantee or warranty and you agree that we have no liability in this regard.
- When you click on links you will be forwarded to third party websites, including those of associates. We have no control or responsibility regarding third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreements. You specifically confirm that we can not be held liable in this regard.
- You agree that you will solely be responsible for your use of the website and that you will use the website legally and only for the purposes that it is intended to be used and will not misuse it in any way. This includes not using the website fraudulently, nor using any automated software, process, program, robot, web crawler, spider, data mining, trawling or other ‘screen scraping’ software, process, program.
- When you supply us with information you must ensure that it is accurate, valid and current and is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the website or the websites of third parties or any other technology.
COPYRIGHT & INTELLECTUAL PROPERTY
- The website and all the basic content (including text, images, marks and logos), with the exception of advertisements and anything on licence from copyright holders, is subject to copyright which belongs to us. This means that users have a licence to simply use the website but this does not convey any rights of ownership to you nor any rights to use or display the copyrighted information in any way.
- Specifically, all users agree that without our express written agreement specifically for that user, they will not breach any copyright in respect of information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically includes that you will not adapt, interfere with, copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet “links” to the service or “frame” or “mirror” the website or any part or content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to the website.
To the extent that the law allows, without limitation, all implied warranties, conditions or other terms are excluded and we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision or uses of the website or these terms and conditions.
DATA PROTECTION & INFORMATION
QUERIES / COMPLAINTS & NOTICES
- We aim to respond to any queries within 14 working days.
- Any other complaints must be addressed in writing to us at our trading address as provided within the section headed definitions above.
- If any complaint may amount to a breach of any term of these terms and conditions then you must allow us at least 30 days to remedy that breach.
- Any notices, including notices at clause 8(2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be deemed to have been received on the 7th day after posting.
CANCELLATION & SUSPENSION
- Without limiting any other remedies, we may suspend or terminate your use and/or registration at our absolute discretion, either with or without notice, particularly where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this user agreement.
- We reserve the right to cancel, suspend, take down, delete or otherwise remove the website or any part of it.
- If we do not immediately act on any breach you should not assume that we have waived any rights as to enforceability or to seek redress, unless you have our express written agreement.
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
- These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
- We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website.
These Terms and Conditions shall be interpreted, construed and enforced in accordance with Scottish law and shall be subject to the exclusive jurisdiction of the Scottish Courts.
Last updated on 2018-05-24
1.1 We are committed to safeguarding the privacy of our website visitors and service users; in this policy we explain how we will handle your personal data.
1.3 Our website incorporates privacy controls which affect how we will process your personal data if you are registered with us. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. As a registered user you can access the privacy controls through our customer control panel.
2. How we use your personal data
2.1 In this Section 2 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal basis of the processing.
2.2 We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your account data (“account data“). The account data may include your name, address, telephone number, email address, gender, date of birth and employment details. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process your information included in your personal profile on our website (“profile data“). The profile data may include your name, address, telephone number, email address, gender, date of birth and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.5 We may process your personal data that are provided in the course of the use of our services (“service data“). The service data may include your domain name, website address, email address, username and billing details. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.6 We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
2.7 We may process information contained in any enquiry you submit to us regarding products and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant products and/or services to you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.8 We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
2.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
2.10 We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
2.12 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
3.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.
3.3 We may disclose usage data, account data, profile data, service data and transaction data (as defined in Section 2) to our suppliers or subcontractors insofar as reasonably necessary for performing the proper administration of our website and business activities.
3.4 Financial transactions relating to our website and services are handled by our payment services providers, namely SecureTrading Ltd and PayPal (Europe) S.à r.l. et Cie, S.C.A. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices on their websites — alternatively we can provide these to you upon request.
3.6 In addition to the specific disclosures of personal data set out in this Section 3, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
4.2 We and our other group companies have offices and facilities in the United Kingdom and Canada. The European Commission has made an “adequacy decision” with respect to the data protection laws of Canada. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
4.3 The hosting facilities for our website are situated in France and Canada. The European Commission has made an “adequacy decision” with respect to the data protection laws of Canada. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
4.4 Our datacenter partners/facility providers are situated in the United States, Canada and France. The European Commission has made an “adequacy decision” with respect to the data protection laws of each of these countries. Transfers to each of these countries will be protected by appropriate safeguards, namely the use of standard data protection clauses adopted or approved by the European Commission.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.3 We will retain and delete your personal data as follows:
(a) Usage data will be retained for a period of 36 months following the date on which it was captured/obtained.
(b) Account data, Profile data, and Service data will be retained as follows:
(i) for as long as you maintain an active contract with us in order to allow you to manage your account and services, until such time that you request the data be deleted from our systems.
(ii) for a period of 36 months following the date on which you no longer have an active contract with us, to enable us to maintain accurate business records and meet our legal obligations as a registered limited company.
(c) Transaction data, excluding full card details, will be retained indefinitely in order to allow us to fulfil our obligations for accounting purposes as a registered limited company and to allow us to maintain accurate financial records.
(d) Publication data will be retained indefinitely until such time that you request the data be deleted from our website/media channels.
(e) Enquiry data, Notification data, and Correspondence data will be retained indefinitely in order to allow us to maintain accurate records, until such time that you request the data be deleted from our systems.
5.4 Upon receiving a request to delete personal data, we will confirm this in writing either by post or email within 28 days of the date on which the request was received.
5.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
6.1 We may update this policy from time to time by publishing a new version on our website.
6.2 You should check this page regularly to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email, ticket or through an announcement in the customer control panel.
7. Your rights
7.1 In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
7.2 Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
7.3 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting the user details page when logged in to the customer control panel.
7.4 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.5 In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are certain general exclusions of the right to erasure. Those general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
7.6 In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
7.7 You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
7.8 You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
7.9 You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
7.10 To the extent that the legal basis for our processing of your personal data is consent, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
7.11 If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
7.12 To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
7.13 You may exercise any of your rights in relation to your personal data by written notice to us.
8. About cookies
8.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
8.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
8.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
9. Cookies that we use
10. Cookies used by our service providers
11. Managing cookies
11.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
11.2 Blocking all cookies will have a negative impact upon the usability of many websites.
11.3 If you block cookies, you will not be able to use all the features on our website.
12. Our details
12.1 This website is owned and operated by InterScot Network Ltd.
12.2 We are registered in Scotland under registration number SC209567, and our registered office is at 272 Bath St, Glasgow, G2 4JR, United Kingdom.
12.3 Our principal place of business is at 272 Bath St, Glasgow, G2 4JR, United Kingdom.
12.4 You can contact us:
(a) by post, using the postal address above;
(b) using our website contact form at www.interscot.net/contact;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.