1. Use of these Web Conditions
1.2. Any Additional Terms and Conditions, which may or may not amend the Web Conditions, ('Additional Terms and Conditions') will be given to You separately either before or with the relevant transaction and may be amended from time to time (see 3. below).
1.3. These Web Conditions and any Additional Terms and Conditions will make up Your Agreement ('Agreement') with Us. The terms may change from time to time (see 3 below). Any perceived agreement between You and Us that is not in writing will not be part of such Agreement.
1.4. You agree to these terms and conditions every time You access any part of the Site or make use of any of the Content.
2.1. Certain words used have the meanings given below:
2.1.2. ‘Content’ includes, but is not limited to, all text, graphics and images that appear on the Site, and the design, look and feel of the Site itself.
2.1.3. ‘Intellectual Property Rights’ means: -
a) rights in inventions, patents, registered designs, design rights, know-how, trade marks and service marks (whether registered or not);
b) any trade, brand or business names and any distinctive sounds used to differentiate the goods and services of a business;
c) utility models;
d) copyright (including all such rights in computer software and databases);
e) moral rights
f) any rights or forms of protection of a similar nature to any of the above and having equivalent or similar effects to any of them, and
g) all or any other intellectual or industrial property rights whether or not registered or capable or registration in each case whether subsisting now or in the future in any part of the world and including all applications and rights to apply for any of such rights together with all or any goodwill relating to such rights.
2.1.4. ‘National Trust for Scotland’ means The National Trust for Scotland, a charity registered in Scotland (registered number SC007410) and having its principal office at Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF.
2.1.5. ‘NTS’ means the company or body within the National Trust for Scotland Group, which is named in the Agreement or the relevant part of the Site.
2.1.6. ‘NTS Content’ means the material on the Site controlled by the National Trust for Scotland Group.
2.1.7. 'National Trust for Scotland Group' means the National Trust for Scotland and any company or legal entity controlling, controlled by, or under common control with the National Trust for Scotland. In this definition "control" means:
the ownership directly or indirectly of 50% or more of the voting shares, a 50% or greater interest in the income of such company or legal entity, or the ability otherwise of The National Trust for Scotland to secure that the affairs of such company or legal entity are managed in accordance with the National Trust for Scotland’s wishes.
2.1.8. ‘Our’ means the National Trust for Scotland Group.
2.1.9. 'Personal Information' means the information that You provide to us on the Site. You may request a change to Your Personal Information by contacting Our membership department on [insert number] or by e-mailing [insert e-mail address] or by writing to Us at Membership, National Trust for Scotland, Hermiston Quay, 5 Cultins Road, Edinburgh, EH11 4DF.
2.1.10. ‘Site’ means this website.
2.1.11. ‘Third Party Content’ means the material on the Site or accessed through the Site that is controlled by parties other than the National Trust for Scotland Group.
2.1.12. ‘Us’ means the National Trust for Scotland Group.
2.1.13. ‘We’ means the National Trust for Scotland Group.
2.1.14. ‘You’ and ‘Your’ means the person entering the Agreement or accessing the Site as the case may be.
3. Changes to these Web Conditions and to Additional Terms and Conditions
We may change these Web Conditions and any Additional Terms and Conditions at any time. It is Your responsibility to check these Web Conditions in case there are any changes. If You access and use the Site after We have made a change to these Web Conditions You shall be treated as having accepted the change.
Reference should be made to Our security procedures.
5. Accuracy of Content
The Site and Content is provided for Your general information only; We advise that, although the National Trust for Scotland Group makes every effort to maintain the accuracy of information on the Site, Content may not be accurate and complete and is provided ‘as is’. Therefore You should not plan to do, or refrain from doing, something in reliance upon Content without first checking the accuracy of the relevant Content by some other means. For example, if You propose to establish an itinerary based on opening times for, or distances to, any of the National Trust for Scotland Group properties, You must check information of that type You obtain on the Site with the relevant properties themselves. All such information on this site is necessarily subject to change, sometimes at short notice.
6. Third Party Content, ‘Partners’ and Links from the Site
6.1. We are not responsible for the content of third party sites linked to the Site or for Third Party Content. They are independent of Us, and their content is not endorsed or approved by Us, even where the third party in question is stated to be a 'partner' of NTS.
6.2. We have 'partners'; persons (corporate or otherwise) with whom we have developed affinity products specifically to support the National Trust for Scotland, usually through its trading company, The National Trust for Scotland (Enterprises) Ltd (which donates its net profits to the National Trust for Scotland). If You agree to purchase goods or services offered on or through ‘partners’ or third party sites, such as (but not limited to) travel bookings, merchandise and services, the resulting agreement will be entirely between You and the ‘partner’ or relevant third party; We shall not be involved in, or have any responsibility under, those agreements. We shall not be responsible for any loss or damage (including, but not limited to, any direct, indirect, special, incidental or consequential damage (including the loss of profit)) relating to the products and services of ‘partners’ or third parties that are featured in or linked to the Site.
6.3. In entering any agreement to which the National Trust for Scotland Group is not a party, You accept that the National Trust for Scotland Group has no liability whatsoever.
6.4. You should check with Us if You are in any doubt as to the status of any Content.
7. Contact Between Us
7.1. You are responsible for ensuring that Your instructions (including all the details We may require to carry out Your instructions) and any information You give to Us are accurate and complete. We shall not be liable for any loss or damage You suffer if they are in any way inaccurate or incomplete and Our records will be conclusive evidence of Your instructions unless We agree otherwise. We may in Our absolute discretion refuse to carry out any instruction or reverse any action taken by Us in response to any instruction.
7.2. To contact Us please refer to contact details given on the Site or in the relevant Additional Terms and Conditions. There may be different addresses and telephone numbers for different purposes.
8.1. Information gathered from Your use of the Site
8.1.2. Your use of the Site gives Us Your consent to the use of Personal Information as set out below. In some circumstances, more specific consent is required from You and these matters will be clearly raised in any form, transaction or registration process.
8.1.3. We gather the following anonymous information in aggregate form: browser type, operating system, IP address, and internet domain.
8.1.4. If Your computer allows Us to, We shall use 'cookies' to store certain types of information each time You interact with Us. Cookies enable our system to recognise Your computer and allow Us to see how You use the Site. This may include tracking the areas of the Site You visit to see what interests You in particular, and which third party sites You access before and after. Refer to Our Cookies Policy for further information.
8.1.5. Personal Information will be stored by and may be used by Us:
220.127.116.11. to enable Us to develop, improve and market Our products and services to You and Our other customers / members;
18.104.22.168. for market research and statistical analysis; and
22.214.171.124. for general business purposes and as otherwise permitted by law or regulation.
126.96.36.199. We may analyse and assess Your Personal Information to enable Us to:
188.8.131.52.1. understand more about You; and
184.108.40.206.2. design, select and offer products and services (including those of organisations that are not part of the National Trust for Scotland Group) that We consider may be of interest to You.
8.2. Sharing and international transfer of information
We will not transfer personal data about you to any country outside of the European Economic Area without first ensuring that adequate protections are put in place for your benefit in accordance with best industry practice and the Data Protection Act 1998.
8.3. We shall need Your specific consent for disclosure of certain types of information about You or to You
If You opt in using the clearly identified section of any transaction or form, We may tell You about products or services and other organisations or invite You to take part in offers of Ours that We think may benefit You. We may do this by post, by telephone, by fax, by email or via the Site.
8.5. You will be entitled, on payment of a fee, to a copy of the details and Personal Information We hold about You if You apply to Us in writing.
9. Target Audience
Certain products and services may only be available to UK residents who are supporters or members of the National Trust for Scotland.
10. Intellectual Property
10.1. Our Site and the Intellectual Property Rights in the NTS Content are owned by or licensed to Us.
10.2. Certain names, words, images or logos identifying Us and the products and services featured in the Site are the trade marks of the National Trust for Scotland Group. Certain other names, words, images or logos may constitute trade names or unregistered trade marks of the National Trust for Scotland Group.
10.3. The names and logos of third parties mentioned in the Site or in the Third Party Contents may be the trade marks, trade names or unregistered trade marks of those third parties and in the NTS Contents they are used with the permission of such organisations. In the event that You own Intellectual Property that appears on the Site without Your written consent please notify Us.
10.4. You may view, print, download or store temporarily extracts from the Site for Your own personal reference or for the purpose of applying to Us to access or use the products and services featured on the Site. No other use (including, without limitation, the alteration, deletion, utilisation or extraction) of the content and materials featured on the Site is permitted without Our written permission. Otherwise than as provided, the Site cannot, whether in whole or as to any part, be copied, reproduced, distributed or transmitted in any medium (including, without limitation, by the internet) without Our written permission.
10.5. Where downloads of third party software are made available on the Site, they are owned by the third party licensor in question, and will be subject to any terms and conditions applied by the relevant third party.
10.6. The Site may contain proprietary notices (such as moral rights and trade mark notices) and copyright information, the terms of which must be observed.
11. Linking to the Site
11.1. You must not link to the Site for commercial purposes without our written agreement.
11.2. Other than as above, We encourage businesses and others to link their sites to the Site. However, if You wish to establish a link to the Site or any of its Content, we require that the link does not open within a frame-set of another website.
12. Access to the National Trust for Scotland Group Internet based Services and Products
12.1. Community activity
12.1.1. In parts of the Site You may be enabled to interact with other users or with Us, through (for example) message boards and email. You must ensure that any such interaction by You or through Your email address will not:
220.127.116.11. be capable of infringing the Intellectual Property Rights or other rights of any person;
18.104.22.168. breach any applicable law or regulation; or
22.214.171.124. be perceived as inappropriate for the Site, offensive or misleading.
12.1.2. We may remove any postings or other interaction at our entire discretion.
12.1.3. We have no obligation to monitor, censor or edit the content of any material transmitted or received by You or other users of the Site. You are responsible for the content of any material You transmit.
12.2. ‘Equipment’ means all such compatible equipment, software and communications lines (including any public communication lines) required by You to properly access the Site.
12.3. You are responsible for obtaining and maintaining Your Equipment and for ensuring that it is compatible with the Site. We have no responsibility or liability with respect to Your Equipment.
12.4. We may change the minimum specification required to access the Site at any time. We shall notify You of such a change by placing a general message on the Site or through amendment of these Web Conditions. We shall not be liable to You if any such change in specification results in Your Equipment becoming incompatible with the Site or becoming unable to perform, within the Site, all of the functions previously performed.
12.5. You will be responsible for the cost of all charges You incur in accessing and using the Site.
12.6. We cannot guarantee the speed with which You will be able to access and use the Site (as it will depend upon factors such as the specification of Your Equipment and the number of people using the Site) or that You will have uninterrupted or continuous access to the Site.
12.7. You must not:
12.7.1. introduce or attempt to introduce any virus or any other contaminant to the Site or any of Our computer systems;
12.7.2. in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site or any of Our computer systems;
12.7.3. interfere with the use of another person’s access to or use of the Site;
12.7.4. obtain access to information relating to another person which is on Our computer system;
12.7.5. use or attempt to use the Site or any of Our computer systems for any unlawful or immoral purpose.
12.8. We may suspend or terminate Your access and use (in whole or in part) of the Site at any time with or without notice.
12.9. You are responsible for getting an appropriate connection with a telecommunications provider in order to access the Site.
12.10. We shall control, direct and establish technical procedures for using the Site (and We may vary them from time to time). You must follow Our instructions and adhere to Our procedures as given on the Site when using any the National Trust for Scotland Group web-based service.
12.11. You must ensure that any material and / or information downloaded or otherwise obtained through the use of the Site is at Your own discretion and that You will be responsible for any damage to Your Equipment or loss of data that results from the download of such material and / or data.
12.12. We shall use reasonable endeavours to keep the Site free from viruses and corrupt files but We do not warrant that the Site is free from infection by viruses or anything else with contaminating or destructive properties. We recommend that You ‘virus check’ all information sent to You by Us. We shall not be liable for any corrupt information sent to You by Us or for any corrupt information You send to Us.
13.1. If You have a complaint about the Site please contact Us.
13.2. If You have a complaint about the Agreement please contact Us.
14.1. Us to You
14.1.1. We shall not be liable to You for any loss or damage (other than that which cannot by law be excluded) You may suffer (irrespective of whether it arises due to Our failure, error or delay) as a result of:
126.96.36.199. Our having acted upon Your instruction or following receipt of any information from You;
188.8.131.52. Any misuse or abuse of the Site by You or anyone else;
184.108.40.206. Your Personal Information having been disclosed to someone else (other than due to Our having so disclosed it);
220.127.116.11. Our being unavailable for whatever reason.
14.1.2. We shall not be liable to You in any circumstances for any loss or damage (other than that which cannot by law be excluded) that:
18.104.22.168. is not direct;
22.214.171.124. is beyond Our reasonable control; or
126.96.36.199. We could not reasonably foresee.
14.1.3. Any liability We may have to You will be limited to the actual amount of any loss or damage You incur or suffer.
14.1.4. We regularly update the Site. However, We do not warrant that the content of the Site or the products and services featured are available (either as featured or at all). The content of and the products and services featured in the Site are subject to change at any time without notice.
14.1.5. We do not seek to exclude or restrict liability for death or personal injury resulting from Our negligence.
14.2. You to Us
14.2.1. You will be liable to Us for (and agree to indemnify Us against) all actions, claims, costs, damages, demands, expenses, liabilities, losses and proceedings We directly or indirectly incur or which are brought against Us if You have:
188.8.131.52. acted fraudulently;
184.108.40.206. been negligent;
220.127.116.11. misused or abused the Site;
18.104.22.168. breached Your Agreement with Us.
14.2.2. You will be liable for any loss even if the instructions were not given by You except:
22.214.171.124. in the case of a fraud to which You were not a party (unless You have failed to make any required notification);
126.96.36.199. if You are able to prove a relevant failing on Our part; or
188.8.131.52. We have acted in error.
14.3.1. We shall not be liable for any errors or delay or failure if this is due to anything beyond Our control; for example:
184.108.40.206. industrial action;
220.127.116.11. fire, flood, explosion, act of God, governmental act;
18.104.22.168. the failure, directly or indirectly of any power supply, machine, data processing system, data transmission link, or telephone link;
22.214.171.124. a Card not being accepted by a retailer, terminal, cash machines or otherwise, for whatever reason.
14.3.2. Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
14.3.3. If We do not enforce any of the rights We have under this Agreement, or if We delay in enforcing them, that does not prevent Us from taking any action to enforce Our rights in the future.
14.3.4. Upon termination of Your Agreement terms and conditions in the Web Conditions and Additional Terms and Conditions that are capable of continuing to apply will do so.
14.3.5. The Agreement and the Web Conditions will be governed by, and its terms construed in accordance with, the laws of Scotland and the Courts of Scotland will have exclusive jurisdiction over any disputes arising from the Site.