Terms and Conditions
IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS AND CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE SITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1 TERMS & CONDITIONS OF WEBSITE USE
1.1 This page (together with the documents referred to on it) provides the Terms and Conditions upon which you may make use of the website made available and operated at www.scottishrecovery.net (“Our Site”, “The Website”).
1.2 Please read these terms and conditions of use carefully before you start to use Our Site.
1.3 We reserve the right to change these Terms and Conditions and any other terms and conditions contained elsewhere on the Website at any time.
1.4 It shall be your responsibility to check regularly to ensure that you agree to any such amendments.
1.5 By using Our Site, you accept these Terms and Conditions of use and agree to abide by them. If you do not agree to these Terms and Conditions of use, please refrain from using Our Site.
1.6 There may be other terms and conditions within areas of the Website, which relate to your use of such areas, and such other terms and conditions will, together with these Terms and Conditions, govern your use of the Website.
2 INFORMATION ABOUT US
2.1 Our Site is made available and operated by the Scottish Recovery Network of 6th Floor Standard Buildings, 94 Hope Street, Glasgow, G2 6PH, UK (“We”, “Our”, “Us”) and by third parties acting on our behalf.
2.2 We are a trading entity of Penumbra, a company limited by guarantee registered in Scotland under company number SC149774 whose registered office is at Norton Park, 57 Albion Road, Edinburgh, EH7 5QY, UK. Penumbra is regulated by the Office of the Scottish Charity Regulator with Scottish Charity Number SC010387.
3.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services (“Services”) and the material (“Material”) made available upon or through it without notice.
3.2 We reserve the right to restrict at our sole discretion access to some parts or all of Our Site to by persons seeking to access Our Site.
3.3 You are responsible for making all arrangements necessary for you to have access to Our Site.
3.4 You are also responsible for ensuring that all persons who access Our Site through any facilities provided by you or over which you have control are aware of these terms and conditions, and that they comply with them.
4 WARRANTY AND WAIVER
4.1 The Website and the Material are provided to you on an “as is” and “as available” basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise).
4.2 We shall use reasonable endeavours to ensure that Our Site and any Services or Material are available and operate properly at all times, however We make no warranties in respect of the availability or operation of Our Site or any Services or Material.
4.3 We may suspend the availability or operation of Our Site or any Services or Material on a temporary or indefinite basis as We may in our sole discretion determine.
4.4 All warranties as regards the availability or operation of Our Site and any Services or Material, in so far as they may be excluded and other than as explicitly specified hereunder, are excluded. We exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the availability or operation of Our Site and any Services or Material.
4.5 We do not guarantee that The Website or the server that makes it available are free from bugs, defects or viruses or the accuracy of the content.
5 USE OF THE WEBSITE
5.1 You undertake not to use the Material or Website for any unlawful purpose;
5.2 You undertake not to make any use of the Website so that the Website is interrupted, damaged, rendered less efficient, or the functionality of the Website is in any way impaired; not to use the Website for the transmission or posting of any computer viruses or any material which, in our sole opinion, is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety to any person.
5.3 You undertake not to use the Website in a manner which, in our sole opinion, amounts to a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright, confidentiality or privacy).
5.4 Should you have any right, claim or action against any other person arising out of the use of the Website, you shall pursue such right, claim or action independently of, and without recourse to, us.
5.5 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.
5.6 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. If you breach this clause We have the right to 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.
5.7 We exclude all liability for any damages, loss, costs, expenses or other liability arising out of or relating to any distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to use of or access to Our Site, any Services or Material, or the use of or interaction with any Third Party Site.
5.8 No part of the Website may be used to construct a database of any kind, nor may the Website or any part of it be stored in databases for access by you or any person, unless you or such other person, have obtained our prior written consent.
6.1 We use the following main criteria to decide whether or not to share information:
- Quality: That we feel assured that the information describes a good quality resource*.
- Relevance: That the information relates to a resource which is relevant to the aims of SRN.
- Process: That we feel confident that any process to develop a resource has been well thought out and ethical.
- Profit: We consider requests to share information about resources that are sold for profit on a case-by-case basis.
*By resource we refer to any information, product, event or opportunity.
6.2 You are using the Website and the Material at your own risk.
6.3 Downloading by you of any Material (“Downloaded Material”) is permitted by us provided only that: (1) you make only non commercial use of it and/or printed copy; and (2) you retain on it and/or printed copy or any part thereof, all copyright and other proprietary notices and shall remain bound by the terms of such wording and notices.
6.4 Any Material, which is downloadable, is carefully checked for viruses before being uploaded onto the Website. However we recommend that, as an extra precaution, you run your own virus check on any Material you download by opening it and/or saving it to your disk or hard drive.
6.5 On occasion SRN work with guest authors who contribute articles on a wide range of issues. The views, opinions and positions expressed within these guest articles are those of the author alone and do not represent those of SRN. The accuracy, completeness and validity of any statements made within these articles are not guaranteed. SRN accepts no liability for any errors, omissions or representations.
7 LINKING TO OUR SITE
7.1 You may link, or may procure that a third party acting on your behalf links, to the home page of Our Site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.2 You must not establish nor procure that any third party establishes a link to Our Site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by Us without our explicit prior written consent.
7.3 You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
7.4 You must not establish nor procure that any third party establishes a link to any page upon Our Site other than our home page.
7.5 You must not frame nor procure that any third party frames Our Site on any other website.
7.6 You must not stream or aggregate content from Our Site within another website nor procure that any third party undertakes such activities.
7.7 We reserve the right to withdraw Our permission to link to Our Site without notice and for whatever reason as we may in Our sole discretion determine.
8 LINKS FROM OUR SITE
8.1 Where Our Site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.
8.2 The provision by Us of a link to a Third Party Site does not represent any endorsement or recommendation by Us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.
8.3 We exclude all liability for any damages, loss, costs, expenses or other liability arising out of any use of or interaction with Third Party Sites.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 We are the owner or the licensee of rights (including all intellectual property rights) in Our Site, the Services and the Material. We reserve all such rights.
9.2 Other than as explicitly specified hereunder nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use Our Site, any Services or Material without our permission.
9.3 You may copy and distribute to third parties in an electronic or paper format extracts of Material generally and publicly made available upon Our Site without a requirement to register with Our Site but only in so far as may be necessary to draw the attention of such third parties to the availability of Services or Material upon Our Site.
9.4 You must not use, modify, adapt, create derivative works based upon, extract elements from or reorganise any Materials or any copies thereof other than as expressly stated hereunder. In particular and without limitation you must not use any data, research, video or graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Material must always be acknowledged. Such acknowledgement must include the address of Our Site.
9.5 The use by you of any screensavers, wallpapers or other software including any files and images (collectively the “Software) is licensed to you by us. We do not transfer control, ownership or any intellectual property rights in the Software to you.
10.1 In no event shall we be liable for any loss or damage, howsoever arising, out of or in connection with your use of the Website or the Material, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss arising from use or inability to use, loss arising from any errors or omissions in the Material or in the Website as a result of breach of contract, negligence, delict or tort.
10.2 We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations listed on, or linked to, the Website, nor do we endorse any of them or any of their products or services. Should you decide to contract with any such person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.
11.1 Failure to comply with terms and conditions set out below may lead to you being excluded from using the comments feature.
11.2 Any views expressed through comments are those of individuals and do not necessarily reflect those of SRN.
11.3 SRN reserves the right to edit, not publish or remove comments that it considers inappropriate.
11.4 SRN does not accept responsibility for the content of comments posted.
11.5 When submitting a comment you agree to:
- Respect other people’s opinions even if you do not agree with them.
- Consider what you are about to say – if published, it will be available to everyone who views this article.
11.6 When submitting a comment you agree not to:
- Reveal information about yourself or anyone else that may make you or them vulnerable to abuse or criminal activity.
- Write anything that could be considered an insult or abuse.
- Disparage or unnecessarily criticise people or organisations.
- Libel anyone – libel applies to any written content, not just that on paper.
- Use obscene or threatening language.
- Upload files or post any copyrighted material in particular graphic images, logos or photographs unless you have permission from the owner of the copyright for these files (this excludes publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public).
- Harass other persons (harassment is persistently acting in a manner that distresses or annoys another person). If you are asked by a person to stop sending messages, you must stop.
12 RIGHT OF AUTOMATIC SUSPENSION
12.1 We shall have the right to immediately suspend your access to the Website if you commit a breach of these Terms and Conditions, and the right to remove any material that we, at our sole discretion, consider to be defamatory, or otherwise in breach of any of the above warranties.
13.1 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction in which that Term or Condition is found to be illegal, invalid or unenforceable, it shall be severed and deleted and the remainder of the Terms and Conditions shall survive, remain in full force and effect, and shall continue to be binding and enforceable.
14.1 You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Material or the Website.
16.1 No waiver by us of any breach by you of any of these Terms and Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
17 LAW AND JURISDICTION
17.1 These Terms and Conditions shall be governed by and construed in accordance with Scots law. All disputes arising from them shall be submitted to the exclusive jurisdiction of the Scottish courts.
If you have any queries about these Terms and Conditions, you may contact us by emailing firstname.lastname@example.org.
Legal Information – Scottish Recovery Network (Penumbra)
Registered in Scotland No: 91542
Registered Address: Norton Park, 57 Albion Road, Edinburgh, EH7 5QY
Data Protection Registration No: z461352x