Registration

Terms of Use

(1) Introduction

These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

(2) Licence to use website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

Save as expressly provided in Section 3 below, you must not:

(a) republish material from this website (including republication on another website) without the approval of Banchory & Leggart;

(b) sell, rent or sub-license material from the website;

(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

(e) edit or otherwise modify any material on the website; or

(f) redistribute material from this website without permission of Banchory & Leggart.

(3) Downloadable materials

We may, from time to time, make available on the website downloadable content (such as newsletters, brochures and other documents).

In addition to the rights granted under Section 2 above, you may redistribute printed and electronic copies of such materials within your business, organisation, company or group of companies, providing copies of downloadable content are not edited or amended in any way and must (amongst other things) retain:

(a) the name of our company;

(b) any legal notices and disclaimers (including copyright notices); and

You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

(5) Restricted access

[Access to certain areas of our website may be restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

(6) User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of all content to, or the publication of, such content on our website.

(7) Limited warranties

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(8) Limitations of liability

Nothing in these terms of use (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms of use, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;

(b) we will not be liable for any consequential, indirect or special loss or damage;

(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;

(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control;

(9) Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use.

(10) Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(11) Variation

We may revise these terms of use from time to time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(12) Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(13) Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(14) Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(15) Entire agreement

These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(16) Law and jurisdiction

These terms of use will be governed by and construed in accordance with Scots law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the Scottish courts.

Acceptable Use Policy

(1) This Policy

This Acceptable Use Policy sets out the rules governing the submission of user content to our website at www.banchoryleggart.co.uk.

By using our Website, you accept the terms of this Policy.

(2) General restrictions

You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or any of the areas of, or services on, the Website.

You must not use our Website:

(a) in any way which is unlawful, illegal, fraudulent or harmful; or

(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Content must be suitable for all Website users, including young children [over the age of 12.

(3) Unlawful and illegal material

You must not use our Website to store, host, copy, distribute, display, publish, transmit or send Content which is illegal or unlawful, or which will or may infringe a third party's legal rights, or which could give rise to legal action whether against you or us or a third party (in each case under any applicable law.

Content and its publication on the Website must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral rights, database rights, trade mark rights, design rights, rights in passing off, or other intellectual property rights;

(d) infringe any rights of confidence, rights of privacy, or rights under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation; or

(k) be in breach of any contractual obligation owed to any person.

You must not submit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

(4) Harmful software

You must not use the Website to promote or distribute any viruses, Trojans, worms, root kits, spyware, adware or any other harmful software, programs, routines, applications or technologies.

You must not use the Website to promote or distribute any software, programs, routines, applications or technologies that will or may negatively affect the performance of a computer or introduce significant security risks to a computer.

(5) Factual accuracy

Content must not be untrue, false, inaccurate or misleading.

Statements of fact contained in Content must be true; and statements of opinion contained on Content must be truly held and, where possible, based upon facts which are true.

(6) Negligent advice

Content must not consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause

(a) illness, injury or death; or

(b) any other loss or damage.

(7) Marketing and spam

You must not, without our prior written permission, use our Website for any purposes related to marketing, advertising, promotion, or the supply and/or sale of goods and/or services.

Content must not constitute spam.

You must not use our Website to transmit or send unsolicited commercial communications.

You must not use our Website to market, distribute or post chain letters or pyramid schemes or similar material.

(8) Netiquette

Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

Content must not be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory.

Content should not cause annoyance, inconvenience or needless anxiety.

Do not flame or conduct flame wars on our Website (“flaming” is the sending of hostile messages intended to insult, in particular, where the message is directed at a particular person or group of people).

Do not troll on our Website (“trolling” is the practice of deliberately upsetting or offending other users).

You must not flood our Website with Content focusing upon one particular subject or subject area, whether alone or in coordination with other users.

Content must not duplicate existing Content on our Website.

(9) Hyperlinks

You must not link to any website or web page containing material that would, were it posted on the Website, breach the preceding terms of this Policy / Sections above.

(10) Breaches of this Policy

We reserve the right to edit or remove any Content in our sole discretion for any reason, without notice or explanation.

Without prejudice to this general right, if you breach this Policy in any way, or if we reasonably suspect that you have breached this Policy in any way, we may:

(a) delete or edit any of your Content;

(b) send you one or more formal warnings;

(d) permanently prohibit you from using a part or all of the Website;

(e) block computers using your Internet Protocol address from accessing the Website;

(f) contact your internet services provider and request that they block your access to the Website; and/or

(g) bring court proceeding against you for breach of contract or otherwise.

(11) Banned users

Where we suspend or prohibit your access to the Website or a part of the Website, you must not take any action to circumvent such suspension or prohibition (including without limitation using a different account).

(12) Monitoring

Notwithstanding the provisions of this Policy, we do not actively monitor Content.

If you become aware of any material on the Website which contravenes this Policy, please notify us by email.

(13) Applicable law

This Policy will be governed by and construed in accordance with Scots law.

Privacy Policy

We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

(1) What information do we collect?

We may collect, store and use the following kinds of personal data:

(a) information about your visits to and use of this website (including your IP address, geographical location, browser type, referral source, length of visit and number of page views);

(b) information that you provide to us for the purpose of registering with us;

(c) information that you provide to us for the purpose of subscribing to our website services, email notifications and/or newsletters;

(d) any other information that you choose to send to us

(2) Cookies

A cookie consists of information sent by a web server to a web browser, and stored by the browser. The information is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We [may] use [“session” cookies] [on the website]. [We will use the session cookies to: keep track of you whilst you navigate the website.]

[Session cookies will be deleted from your computer when you close your browser.]

Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites.

(3) Using your personal data

Personal data submitted on this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

[(a) administer the website;]

[(b) enable your use of the services available on the website;]

[(c) send to you [our newsletter], where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);]

[(d) deal with enquiries and complaints made by or about you relating to the website; and]

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.

[We will not without your express consent provide your personal information to any third parties for the purpose of direct marketing.]

(4) Disclosures

We may disclose information about you to [any of our employees, officers, agents, suppliers or subcontractors] insofar as reasonably necessary for the purposes as set out in this privacy policy.

In addition, we may disclose information about you:

(a) to the extent that we are required to do so by law;

(b) in connection with any legal proceedings or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and

(d) to the purchaser (or prospective purchaser) of any business or asset which we are (or are contemplating) selling.]

Except as provided in this privacy policy, we will not provide your information to third parties.

(5) Security of your personal data

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

(6) Policy amendments

We may update this privacy policy from time-to-time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

(7) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).

You may instruct us not to process your personal data for marketing purposes by email at any time. (In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes.)

(8) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(9) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

(10) Contact

If you have any questions about this privacy policy or our treatment of your personal data, please write to us by email to [email] or by post to [postal address].

(11) Data controller

The data controller responsible for our website is [company/business name].

Our data protection registration number is [number].
“Personal information”: for day-to-day purposes, it is best to assume that all information which relates to a living individual constitutes personal information. We use “personal data” and “personal information” interchangeably in this template.

If your site doesn’t use cookies, the paragraphs on cookies can be deleted.

As a general rule, where you plan to use personal information you have collected for the purpose of direct marketing, this should be made clear on the page where the information is collected, and you should ensure that this only happens if users opt-in to the marketing (e.g. “Click here if you would like us to send you information by email about products which we think will interest you...”). There are however exceptions to this general rule. There are also rules about the content of direct marketing communications. If you are in any doubt about complying with your legal obligations in relation to direct marketing, you should seek professional advice.

The relevant licence should be set out in the appropriate disclaimer/terms of use/terms of subscription etc. document.

It is good practice to also say what you will not do with personal information (within reason).

Changes to the policy – in particular as to permissible uses of personal data – may not be retrospective. In other words, if you collect personal information on one basis, you cannot, simply by changing the terms of your policy, go on to legitimately use that information on a different basis.

You should include a postal address as well as an email address.

You should check whether you need to obtain a data protection registration. You can find out about this on the Information Commissioner's website at www.ico.gov.uk