1.1 These terms and conditions (“these Terms”) apply to the whole of this Website.
1.2 Other terms and conditions (“Additional Terms”) may apply to Your use of certain parts of this Website, including certain pages or applications and metadata. If there is any conflict between these Terms and the Additional terms the Additional terms will take precedence over these Terms.
2.1 In this Website the following words and phrases have the following meanings; “We”, “Us” and like terms refer to the Partner Bodies involved in Scotland’s soil website. It may, where the context requires, refer only to some of the Partner Bodies. “The Partner Bodies” are the Scottish Government, Forestry Commission Scotland, James Hutton Institute, Scottish Environment Protection Agency and Scottish Natural Heritage and such other bodies as may be stated here from time to time. “Website” means the website of Scotland’s soil and, unless the context otherwise so requires, also includes the website of the Partner Bodies and each of Us. “You” means any person who has viewed, downloaded, used or otherwise accessed this Website, “your” shall refer to you. “You” includes any person acting on your behalf. “Website” means Scotland’s Soils Website and, unless the context otherwise so requires, also includes the website of the Partner Bodies and each of Us. “You” means any person who has viewed, downloaded, used or otherwise accessed this Website, “your” shall refer to you. “You” includes any person acting on your behalf.
Application of these Terms
3.1 By accessing this Website You are deemed to have accepted these terms (and where appropriate the Additional Terms) in full and without any modification. These Terms and Your acceptance will form a legally binding contract between Us and You.
3.2 We reserve the right to make changes to the Scotland’s soils website, including amending or varying these Terms or the Additional Terms at any time. When accessing this Website You will be legally bound by the amended or revised terms from the first time You use the website after the changes are made online. It is Your sole responsibility to check whether any change has been made to these Terms or the Additional Terms.
Accuracy and liability
4.1 The Partner Bodies involved in Scotland’s soils website try to ensure that the information available on this Website is accurate but to the fullest extent permitted by law and subject always to Paragraph 4.2 of these Terms, We hereby disclaim any and all liability for all loss, injury or damage (direct, indirect, consequential or special) arising out of or in connection with Your use of the Website including without limitation, any and all liability:
i. relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of the Content;
ii. relating to Our work procuring, compiling, interpreting, editing, reporting and publishing the Content;
iii. relating to any interruption, failure or cessation of operation or transmission;
iv. resulting from any acts or omissions of any third parties in connection with Your use of this Website;
v. resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures set out in this Website;
vi. arising out of or relating to Your mis-use of or inappropriate reliance on any Content; and
vii. resulting from any virus, worm, Trojan, time-bombs, keystroke loggers, spyware, adware or any other kind of malware or contamination of computing equipment.
4.2 Nothing in these terms shall limit or exclude Our liability for fraudulent misrepresentation, or for death or personal injury resulting from Our negligence or the negligence of Our agents or employees.
4.3 We do not accept liability for information on sites linked to or from this Website. Nothing on this site is to be taken as constituting specific legal or other advice about any of Our services. Anyone reproducing material from this Website is responsible for any consequent infringement of copyright. The Website is operated by SEPA for and on behalf of the Partner Bodies and each of the Partner Bodies is responsible for the maintenance of its own Website.
Use of this Website
5.1 Subject always to these Terms and any Additional Terms You may use this Website for commercial and non-commercial purposes. If You wish to use this Website for any commercial purpose You must advise Us first that You wish to do so as further Additional Terms may apply.
5.2 Any use of this Website should acknowledge this Website as the source.
Restrictions on use
6.1 You warrant that You will not use this Website otherwise than in accordance with these Terms. You must not use the Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and contents sent by or on behalf of You to Us. You must use the Website for lawful purposes only. You must not use the Website for any of the following:
6.1.1 for fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
6.1.2 to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
6.1.3 to cause annoyance, inconvenience or needless anxiety;
6.1.4 to impersonate any third party or otherwise mislead as to the origin of Your content;
6.1.6 to cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of this Website is in any way impaired.
7.1 We exclude any liability howsoever arising should this website be unavailable at any particular time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
Linking to other websites
8.1 We are not responsible and/or accept liability for the content of any linked website. Other websites link to this Website at their own risk. We reserve the right to move or change Our Website URL at any time.
8.2 You may link to any pages or products on the Website. You may not provide a link which suggests a form of association, approval or endorsement on Our part, unless We have expressly agreed to this in writing. You must not mislead any user of such link in any way, by, for instance, seeking to present information on Our Website as being Your information. You must acknowledge Our intellectual property rights, including copyright. We reserve the right to withdraw any linking permission upon notice to You or by amending these Terms.
10.1 All data presented on the Website is open data unless otherwise specified.
Data protection, Access to information and Freedom of information
Copyright and Intellectual Property Rights
12.1 The legal rights in everything contained in Our website is owned by Us unless otherwise indicated, or for example in the case of logos by one of Us.
12.2 All images are copyright the Scottish Environment Protection Agency or the copyright owner specified.
12.3 The copyright of any content linked to by hyperlink from Scotland’s soils website remains with the content provider, or with the copyright holder as marked.
13.1 If We fail to exercise or delay in exercising any right or remedy provided under these Terms or by law, that will not constitute a waiver of Our rights or remedy nor shall it prevent Us from exercising that right or remedy in whole or in part in the future.
13.2 Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.
13.3 These Terms and the documents referred to herein are between and for the benefit of You and Us (and Our successors and assignees) and are not intended to benefit or be enforceable by anyone else.
13.4 If any provision of these Terms (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions or part thereof shall remain in force.
13.5 If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these Terms.
13.6 References to any statute or statutory provision in these Terms shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
13.7 In these Terms, references to one gender include the other genders, and to the singular include the plural and vice versa.
13.8 Headings will not affect the interpretation of these Terms.
13.9 These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts (or, where You are an individual domiciled in the UK, the courts of the part of the UK that you are domiciled in).