Effective from 26 May 2011
1. Terms and 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 http.//www.lochlomond-trossachs.org (“our site”).
1.2 Please read these terms and conditions of website use carefully before you start to use our site. These terms and conditions of website use are a legally binding document and create binding obligations upon you.
1.3 By using our site, you accept these terms and
conditions of website use and agree to abide by them. If you do not agree to
these terms and conditions of website use, please do not use our site.
2. Information about us
2.1 Our site is made available and operated by Loch Lomond and The Trossachs National Park Authority (“we”, “our”, “us”) and by other persons acting on our behalf.
3.1 Our site is a place for you to ascertain general information relating to us. Our site is also a place for you to select and order products from us.
3.2 Our site is available for access by all. However, in order to purchase products (“Products”) from our site, you must be capable of forming legally binding contracts under applicable law. If you cannot form legally binding contracts, please ask a parent or guardian to purchase Products on your behalf.
3.3 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products and the material (“Material”) made available upon or through it without notice. Unless explicitly stated to the contrary the supply or making available of any Products or Material shall be subject to these terms and conditions of website use.
3.4 We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.
3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. 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 of website use and that they comply with them.
3.6 We have used reasonable endeavours to ensure that our site complies with Scottish laws. However, we make no representations that our site or the Products or Material are appropriate or available for viewing, access or use in locations outside Scotland. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Products or Material is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Products or Material and you must exit immediately. If making available the Products or Material in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Products and Material are not made available to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to purchase the Products.
4. Availability and operation
4.1 We shall use reasonable endeavours to ensure that our site and any Products or Material are available and that our site operates properly at all times.
4.2 We may suspend the availability or operation of our site or the availability of any Products or Material on a temporary or indefinite basis as we may in our sole discretion determine.
5. Linking to our site
5.1 You may link, or may procure that a third party acting on your behalf links, to 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. Please note that any such link by you or the third party is placed at your or that third party’s own risk.
5.2 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.
5.4 You must not frame or create a border environment nor procure that any third party frames or creates a border environment on our site through any other website.
5.5 You must not establish nor procure that any third party establishes a link to our site from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.6 You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.
5.7 In the event that you are in breach of this section of these terms and conditions of website use, we will operate a two stage process to resolve the situation. In the first place we will contact you in writing to request removal of the offending page, link, image and/or text. Failure to comply within two weeks of service of our written request for removal will result in our contacting your website host or server and requesting that they remove the offending page, link, image and/or text from their systems. Your continued use of this website implies your agreement to this procedure. We do not accept any liability for any loss of earnings, other income, intangible harm or damage, including to reputation, or actual physical or mental loss, damage or harm caused as a result of the removal of any website page which breaches these terms and conditions of website use.
6. Links from our site
6.1 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.
6.2 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.
7. Viruses, hacking and other offences
7.1 You must not:
- misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;
- attempt to gain unauthorised access to our site, the servers on which our site is stored or any server, computer or database connected to our site;
- use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;
- use an anonymising proxy to access our site;
- attack our site via a denial-of-service attack or a distributed denial-of service attack;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or
- do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.
7.2 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.
8. Accuracy, errors and reliance
8.1 Please note that our site may contain inaccuracies or errors. You acknowledge that our site may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these terms and conditions of website use. Except as expressly stated, we make no guarantees or warranties in respect of the accuracy of any Material. This does not affect your rights under law. For further information upon these rights, please obtain legal advice.
8.2 Except where expressly stated otherwise, the Material is general in nature and is not intended to amount to advice on which reliance should be placed. You undertake not to rely upon the Material. You undertake not to provide any Material to any third party with a view to that third party relying upon that Material8.3 EXCEPT AS EXPRESSLY STATED, WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES INCURRED RELATING TO OR ARISING OUT OF ANY INACCURACIES OR ERRORS WITHIN OUR SITE OR ANY MATERIAL OR RELIANCE PLACED UPON ANY MATERIAL.
9.2 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Products or Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of website use.
10. Our intellectual property rights
10.2 You must not:
- use, copy or download;
- disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise (in a database or otherwise);
- translate, merge, adapt, vary, modify or make alterations to;
- distribute or licence rights in,
our site or any Material or any copies thereof other than as expressly stated hereunder.
10.3 Our status or that of any identified contributors as the authors of the Material must always be acknowledged. Such acknowledgement must include the address of our site.
10.4 Other than as explicitly specified hereunder nothing contained in these terms and conditions should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use our site, the Material or any intellectual property rights in any Products without our express written permission.
10.5 You must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your premises at which our site is or has been used by you or with your consent and to the computer equipment located there for the purpose of ensuring that these terms and conditions of website use have been complied with.10.6 You must not attempt in any way to remove or circumvent any technical protection measures applied to our site or to any Products to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.
11. Your rights of use
11.1 You may print off one copy of any Material for your personal study, research or internal business purposes.
11.2 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 Products or Material upon our site. Our status or that of any identified contributors as the authors of such extracts must always be acknowledged. Such acknowledgement must include the address of our site.
12. Complaints regarding Material
13.1 We warrant that the Products shall be fit for the purposes for which they are supplied.
14. Purchase of Products
14.1 This clause sets out the procedure which must be completed by you in order for you to purchase Products from us through our site.
14.2 You must submit to us a request to purchase from us a Product (a “Purchase Request”). Purchase Requests constitute an offer by you to purchase from us the relevant Product in accordance with these terms and conditions of website use. We may refuse your Purchase Request for whatever reason we may in our sole discretion determine. Purchase Requests may be submitted only through the form provided upon our site.
14.3 The supply by us of Products to you is conditional upon payment to us of the price for those Products (the “Price”). Details concerning Prices are made available upon our site. We will use reasonable endeavours to ensure that the details concerning Prices specified on our site are accurate but we make no warranty or guarantee that they shall at any point in time be correct. The Prices include VAT (if applicable). Delivery charges are specified separately.
14.4 Upon receipt of your Purchase Request, we shall confirm to you using online electronic means only. Within our confirmation, we will confirm the amount of the Price payable by you (including delivery charges). If the Price is acceptable, you are required to indicate your acceptance by clicking on the “I Accept” button provided within the body of our confirmation (the “Confirmation”). If the Price is not acceptable to you, you should not so indicate your acceptance. We reserve the right to limit the period during which your Confirmation remains valid. If the Confirmation expires, you may be required to recommence the procedure provided for in this clause to purchase the Products. The contract between us (the “Contract”) will only be formed when you accept the Confirmation.
14.5 The Contract will relate only to those Products contained in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
14.6 The Price and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
14.7 Our site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection. We are under no obligation to provide the Products to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
14.8 Upon the provision of your Confirmation you will be forwarded to the website of our chosen payment services provider (the “Payment Website”) in order to remit to us the Price. You must remit the Price using the payment methods provided upon the Payment Website. You may not remit the Price to us using any other method.
14.9 YOU ACKNOWLEDGE THAT THE PAYMENT WEBSITE IS A WEBSITE MADE AVAILABLE BY A THIRD PARTY AND AS SUCH WE DO NOT HAVE CONTROL OVER ITS OPERATION. WE EXCLUDE ALL LIABILITY FOR ANY DAMAGES, LOSS, COSTS OR EXPENSES RELATING TO OR ARISING OUT OF YOUR USE OF OR INTERACTION WITH THE PAYMENT WEBSITE.
14.10 In respect of the Payment Website you undertake and warrant:
- to abide by any terms and conditions relating to use of or interaction with the Payment Website;
- that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and
- not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.
14.11 THE PRICE IS INCLUSIVE OF ALL APPLICABLE TAXES AND DUTIES DUE AND PAYABLE IN THE UNITED KINGDOM. IF THE PROVISION OF PRODUCTS IN THE TERRITORY FROM WHICH YOU ACCESS OUR SITE GIVES RISE TO AN OBLIGATION TO REMIT ANY TAX, DUTY OR SIMILAR PAYMENT TO ANY AUTHORITY OTHER THAN THOSE AUTHORITIES RESIDENT IN THE UNITED KINGDOM YOU SHALL BE RESPONSIBLE FOR SATISFYING SUCH LIABILITY. YOU SHALL INDEMNIFY AND SHALL KEEP US FULLY AND EFFECTIVELY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL SUCH LIABILITY.
14.12 We reserve the right to request additional information from you in relation to your payment of the Price for any reasonable purpose, including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.
14.13 You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method”) through the Payment Website constitutes your authorisation to us and our service providers to collect (or procure the collection of) the Price using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.
14.14 You grant to us the right to resubmit (or procure the resubmission of) any payment made by you hereunder using your Specified Payment Method that is returned for insufficient or uncollected funds.
14.15 You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the Price using the Specified Payment Method.
14.16 Nothing in these terms and conditions of website use is intended to affect our legal right or that of our service providers in the United Kingdom to impose a surcharge for a debit or credit card transaction under the Credit Cards (Price Discrimination) Order 1990.
14.17 We only accept payment of the Price in pounds Sterling. If any payment made by you hereunder requires a currency conversion to be made, the amount of the exchange rate and any related fees will be determined by the provider of your Specified Payment Method. You shall be responsible for meeting any such fees.
14.18 Any payments made by you hereunder may appear on any statement provided to you by the provider of your Specified Payment Method under the name of our service providers or in combination with our name, reference or internet address.
14.19 We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the payments you can remit using the Payment Website.
14.20 We may review (or procure the review of) any information you submit through the Payment Website prior to collecting (or procuring the collection of) the Price using the Specified Payment Method. This review may be carried out for fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) the Price using the Specified Payment Method and cancel any arrangement for the supply of Products between you and us, without liability to you. Any such review is not a representation by us as to your character or reputation.
14.21 In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any Price paid or disputes our authorisation to collect (or procure the collection of) the Price (a “Chargeback”) you agree on our request to subrogate or otherwise assign to us your rights against any third parties related to such Chargeback, and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine. You undertake at our request to support a Chargeback by filing and supplying to us a copy of a police report.
14.22 You undertake not to use your Specified Payment Method:
- in a manner that results in or may result in Chargebacks, or liability for us to pay any sums, including without limitation any fees or fines to any third party;
- in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party;
- to test credit card behaviour; or
- when you have a rating within any credit reporting agency indicating a high level of risk associated with your use of services the same or similar to the Specified Payment Method.
14.23 When you remit the Price to us you are liable to us for the full amount of the Price plus any additional sums due to be paid by us to any third party if your payment of the Price is later invalidated for any reason other than in the event of a valid Chargeback (including without limitation any fees or fines due to be paid to third parties if we successfully dispute a Chargeback or if the collection of the Price is declined by the provider of your Specified Payment Method due to insufficient funds).
14.24 We make no representation or warranty regarding the amount of time taken to complete transfer of the Price from the provider of your Specified Payment Method to us.
14.25 You agree that we may satisfy any liability of you to us in full through use of your Specified Payment Method.
14.26 You consent to the providers of the Payment Website and your Specified Payment Website disclosing to us information concerning any payments made by you hereunder and details of your Specified Payment Method and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use.
14.27 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 21 days of the date of the Confirmation, unless there are exceptional circumstances.
14.28 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 14.33 below).
14.29 To cancel a Contract, you must inform us in writing. You must also return the Products to us immediately, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
14.30 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights as a consumer.
14.31 The Products will be at your risk from the time of delivery.
14.32 Ownership of the Products will only pass to you when full payment is received in respect of the Price, including delivery charges.
14.33 If you return a Product to us:
- because you have cancelled the Contract between us within the 7-day cooling-off period (see clause 14.28 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Products in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
- for any other reason (for instance, you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
15.3 WHERE WE EXCLUDE LIABILITY UNDER THESE TERMS AND CONDITIONS OF WEBSITE USE, SUCH EXCLUSION SHALL INCLUDE, IN SO FAR AS IS PERMITTED UNDER LAW, ALL LIABILITY FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES INCLUDING 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, FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, FAILURE, ERROR OR DELAY IN THE SENDING OF ANY NOTICE, COMMUNICATION OR INSTRUCTION VIA ANY MEDIUM WHATSOEVER, WASTED MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY DELICT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
15.4 IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT OF THE PRICE PAID BY YOU.
16.1 You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions of website use without our prior written consent.
17.1 If you breach any of these terms and conditions of website use, all of your rights under these terms and conditions including your right to use our site, and any intellectual property rights in the Products and the Material will cease immediately.
17.2 If we have reason to believe that you have breached these terms and conditions of website use or are likely to breach these terms and conditions of website use we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.
18. Circumstances beyond our control
18.1 We will not be liable for any failure to perform any obligation under these terms and conditions of website use due to causes beyond our reasonable control.
19.1 We may change the Products or Material at any time.
19.2 Any Material may be out of date at any given time, and we are under no obligation to update any Material.
If we fail at any time to insist upon strict performance of any
of your obligations under these terms and conditions of website use, or if we
fail to exercise any of the rights or remedies to which we are entitled under these
terms and conditions of website use, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with such
21. Severability and entire agreement
21.1 If any term, condition or provision of these terms and conditions of website use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
21.2 THESE TERMS AND CONDITIONS OF WEBSITE USE, OUR PRIVACY
ON OUR SITE WHICH SUPERSEDE THESE DOCUMENTS, ARE THE WHOLE AGREEMENT BETWEEN
YOU AND US. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THE OBLIGATIONS
PROVIDED FOR IN THESE TERMS AND CONDITIONS OF WEBSITE USE IN RELIANCE UPON ANY
STATEMENT, WARRANTY OR REPRESENTATION MADE BY US OR ANY OTHER PERSON AND YOU
IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS TO CLAIM DAMAGES AND/OR TO
RESCIND YOUR OBLIGATIONS HEREUNDER BY REASON OF ANY MISREPRESENTATION (OTHER
THAN A FRAUDULENT MISREPRESENTATION) THAT IS NOT CONTAINED IN THESE TERMS AND
22. Notices to You
22.1 We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.
23. Notices to us
24. Jurisdiction and applicable law
The interpretation, construction, effect and enforceability of these terms and conditions of website use are governed by Scots law, and you agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.