BARCAPEL  FOUNDATION LIMITED – TERMS OF WEBSITE USE

Welcome to www.barcapelfoundation.org (the Website).

The Barcapel Foundation wants you to have the best experience possible when using our Website.  In order to ensure this happens and to protect you and others, please read the following Terms of Website Use (the Rules).

  1. Rules of Website use

By using our website, you confirm that you accept these Rules and that you agree to comply with them.  If you cannot agree to comply with these Rules then please do not use this website.

  1. Other important documents and Our Privacy Policy

These terms of use refer to the following additional terms, which also apply to your use of our website:

  • Our Privacy Policy (http://www.barcapelfoundation.org/privacy-policy/), which sets out the terms on which we process any personal information.  By using our website you consent to such processing and you warrant that all information provided by you is accurate.
  • Please note that an individual has rights in relation to personal information provided to us including the right to object to processing of personal information concerning him or her.
  1. Contact us

If you wish to contact us regarding our website, please contact us at The Mews, Skelmorlie Castle, Skelmorlie PA17 5EY, tel: 01475 521616 or at admin@barcapelfoundation.org.

  1. Changes to these terms

We may change these Rules at any time without notice and if you continue to use our website you will be deemed to have accepted those changes.

  1. Accessing our Website

Our website is made available free of charge.  Although we make reasonable efforts to update the information on our website we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate complete or up-to-date or that it will always be available or be uninterrupted.  We may suspend, withdraw, discontinue or change all or any part of our website without notice.  We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Rules and other applicable terms and conditions and that they comply with them.

Our website is directed at people residing in the United Kingdom, we do not represent that content available through our website is appropriate or available in other locations.  We may limit the availability of our website or any service or produce described on our website to any person or geographic area at any time.  If you choose to access our Website from outside the United Kingdom you do so at your own risk.

  1. Intellectual property rights

All intellectual property rights in our website, and to the extent applicable, in material we publish on our website shall remain the property of us or our licensors, including all copyright, patents, trademarks, service marks, trade names and designs whether registered or unregistered.

You may print off copies and may download extracts, of any page(s) from our website for your personal use.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Out status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors, as the case may be.

If you print off, copy or download any part of our website in breach of these Rules, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. Limitation of our liability

Nothing in these Rules excludes or limits any liability that cannot be limited or excluded under Scots law.

We exclude any liability which we may have in respect of all conditions, warranties, representations or other terms which may apply to us in relation to our website or any content on it, whether express or implied, to the extent permitted by law.

The content on our website is provided for general information only.  It is not intended to amount to advice on which you should rely.  Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We will not be liable to any person including a user of our website for any loss or damage, whether in contract, delict (including negligence), breath of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • Use of, or inability to use, our website or
  • Use of or reliance on any content displayed on our website

If you are a business user, please note that in particular, we will not be liable for:

  • Loss of profits, sales, business or revenue
  • Business interruption
  • Loss of anticipated savings
  • Loss of business opportunity, goodwill or reputation or
  • Any indirect or consequential loss or damage

If you are a consumer user, please note that we provide our website for personal use.  You agree not to use our website for any commercial or business purpose and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

  1. Viruses

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website.  You should use your own virus protection software.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it or on any website linked to it.

You must not commit any act in relation to our website that would constitute a criminal act including an offence under the Computer Misuse Act 1990.  For example, you must not misuse our site knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  We will report any breach of this provision 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 website will cease immediately.

  1. Links

You may link to our website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our site on any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

From time to time, this website may include links to other websites which do not belong to us (Third Party Sites).  Links to Third Party Sites are provided for your convenience only.  We are not responsible for the management and control of Third Party Sites and do not necessarily endorse, support or recommend the views expressed in them.  We will not be liable for any loss or damage that may arise from your use of such Third Party Sites.

  1. Severability

If any court of competent jurisdiction finds any provision of these Rules to be void or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of these Rules which shall remain in full force and effect.

  1. Governing Law

These Rules and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots Law.

The courts of Scotland will have exclusive jurisdiction over any claim arising from or relating to, our website.

Thank you for visiting our Website.  The Barcapel Foundation Limited is registered in Scotland with the charity number SC036795 and our registered office is located at The Mews, Skelmorlie Castle, Skelmorlie, PA17 5EY.  Tel No. 01475 521616. Email: admin@barcapelfoundation.org

May 2018