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 email@example.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
"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
- 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
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
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
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
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
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 firstname.lastname@example.org
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 email@example.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
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.