Terms and Conditions of Use for the Scottish Tartans Authority website

Application of these terms and conditions

1. In these terms and conditions:

"STA" means Scottish Tartans Authority (Scottish limited company no SC162386), Fraser House, 25 Commissioner Street, Crieff, Perthshire, PH7 3AY, Scotland; Tel +44 (0)1764 655444; Fax +44 (0)1764 654242; email enquiries@tartansauthority.com; and "we", "us" and "our" shall refer to the STA;

"website" means the website published by the STA and located on the world wide web via the uniform resource locator http://www.tartansauthority.com;

"Website Information" means any data, images, text or other material displayed on the website (including but not limited to the international tartan index); and

"you" means the person who has applied to be given access to the client area, and "your" shall be construed accordingly.

2. These are the terms and conditions for the use of the website. By applying for access to the client area, you are making an offer to acquire the right to access the website subject to these terms and conditions without modification or amendment. These terms and conditions, together with our acceptance of your offer, will form a legally binding contract between us and you.

3. We reserve the discretion to amend these terms and conditions from time to time, in each case with effect from the date on which the amendment is posted on the website. We will post a notice on the home page of the website if we amend these terms and conditions. If you continue to use the website, you will be deemed to have accepted the changes to the terms and conditions.

4. You agree that we shall at all times have the discretion to decide whether or not to grant you access to the website. We reserve the right from time to time to alter or limit the categories of Website Information which you may access and view using the website. You agree that we may in our discretion alter, modify, add to or delete any Website Information from time to time, without having to give you prior notice.

5. Nothing contained on our website is intended to constitute specific advice. The website is for general guidance only, and we shall not be held liable for any action taken (or any failure to act) in reliance upon the contents of the website.

Your use of the website

6. You warrant to us that when using our website you will not:-
- copy, alter or delete any of its content;
- introduce any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
- cause our website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of our website is in any way impaired.

7. You agree that we shall be entitled to make all reasonable enquiries to verify your identity prior to accepting your application to access any services offered through the website. If we are not happy with the information you provide, or if you do not provide all the information we ask for, we reserve the right not to grant you access to those services.

8. We may from time to time send you a user name and password for use to access the website. You agree to keep your user name and password secret and not to disclose it to any other person unless with our express prior consent.

Copyright and Trademarks

9. Except as otherwise set out in these terms and conditions, the images, graphics, text, applets and scripts owned by us and operating our website are either owned by the STA, or used by us with the permission of their respective owners or as permitted by law. Where practicable, we acknowledge the owners of all trade marks which are referred to in our website. Reference to a trademark owned by a third party does not constitute any claim by us to own that trademark. We make no representation and offer no warranty that we own the copyright or any other right in the Tartans displayed on the website.

10. You may view our Website Information in a web browser for private browsing purposes only. Copying Website Information into a computer cache or storage device for private on or off-line browsing purposes is also permitted. You may not publish, make a copy of, or reproduce the Website Information or any part of it for any other purpose without prior written consent, which may be granted at our discretion. Where we do not own the copyright or other intellectual property rights in the Website Information, you must approach the owner themselves for such consent. Nothing in these terms and conditions or on our website constitutes a licence to use or copy the Website Information except as expressly provided for in these terms and conditions.

Data Protection Act

11. All personal data collected and used from the website will be processed in accordance with the Data Protection Act 1998. We will use any personal data collected through the website to provide you with access to the client area, and to provide you with any goods or services which you have engaged us to provide. The data controller is the STA, who may be contacted at the above address.

Cookies

12. We use data collection devices such as "cookies" on certain pages of our Website. "Cookies" are small files placed on your hard drive that assist us in providing customised services. We also offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your email address and other details less frequently. Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Website and you may be required to re-enter your email address more frequently. For more information about how to control cookies, see www.aboutcookies.org.

Information We Collect

13. In order to register for full access to some parts of the website we may require you to supply your name, postal address, postcode, at least one contact number and an e-mail address.

14. We will use this information to provide you with the services set out on the website; operate our internal business processes such as accounts, business planning and customer care; and to inform you of carefully selected services which we believe may interest you.

15. Personal information collected by our site may be used for future marketing purposes by us and our carefully chosen associates. We or they may contact you by post, telephone, fax or email. If you object to this use, please contact us at enquiries@tartansauthority.com.

16. By accepting these terms and conditions, you expressly consent to our use and disclosure of your personal information in the manner prescribed in these terms and conditions.

17. Please note that your information will be stored and processed on our computers in the United Kingdom. STA will hold and transmit your information in a safe, confidential and secure environment. STA will never sell or rent your personal information to third parties except as described in these terms and conditions. If you object to your information being transferred or used in this way please do not register to use the client area.

Linking to our Website

18. Display of our Website Information in any html frame is not permitted unless authorisation is has been given in writing. Permission must be granted in writing by STA before you provide a link to our Website. Please e-mail enquiries@tartansauthority.com stating the URL details to which you wish to link and the URL of the page on which you will be displaying the link.

Accuracy of Website Information

19. The Website Information is provided "as is" and we make no representation, endorsement or warranty as to its accuracy. We will not be liable for any action taken (or not taken) in reliance upon the Website Information and such action is taken entirely at your own risk. We reserve the right to make changes to the Website Information to correct any errors or omissions (or for other reasons at our discretion) without notice and without liability to you. We cannot guarantee an exact colour match against any photography or images used on our website as your browser software and display may reproduce the colours of the photographs or images differently from ours.

20. It is a feature of our website that much of the Website Information is contributed to us by many different third parties and we do not control those parties or their information. We do not independently verify the information provided to us from contributors to the register of tartans comprising the international tartans index. External websites to which we provide hypertext links are not under our control and we take no responsibility for their content. Inclusion of a link to another website does not imply, or constitute, any endorsement by us of the referenced site or of any person associated with that site.

21. Opinions expressed within the Website Information are those of the authors and do not necessarily represent our opinions. In the unlikely event that you find any inaccurate information on our Website or have any complaint about what we have published please e-mail enquiries@tartansauthority.com. We will investigate on receipt and take such action which we, in our sole discretion, determine as being appropriate having regard to all the circumstances.

Internet Service Interruption, Viruses etc.

22. We have no control over the Internet, which is a global public network of computers and the method by which you access the client area. As a consequence we take no responsibility for service interruption or the transmission of viruses or other malicious computer code through our website.

23. We will require to carry out routine maintenance on our servers and equipment. While we seek to keep disruption to a minimum, we do not guarantee that the client area or our website will be available for access at any particular time or times.

Our liability to you

24. Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees. Subject to the foregoing, we will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with your use of our website or your use of the client area. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. To the fullest extent permitted by law, we exclude all liability to you in contract, delict or negligence (other than negligence by us which gives rise to personal injury or death.)

25. We also exclude liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

26. We exclude all liability for any loss, injury, damage, costs, expenses or other claims arising from your reliance on the content of the international tartan index on the website (including but not limited to any claim arising from the purchase of the wrong tartan in reliance on the Website Information).

Your liability to us

27. By using the client area, you undertake to fully indemnify us (and keep us fully indemnified) in respect of all liabilities, losses, costs, damages, expenses or other claims suffered or incurred by us which arise from your use of the website, or arising from your breach of any of these terms and conditions.