Terms and Conditions of Website Use
New data protection laws come into force on 25th May 2018 and we are currently working to update all our privacy statements to reflect the new legal requirements. Further updates will be made to the terms and conditions of website use in due course
1 Terms and Conditions of Website Use
1.1 This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the websites made available and operated at https://www.westhighlandway.org/ (“our site”).
1.2 Please read these terms and conditions of website use carefully before you start to use our site. These terms and conditions of website use are a legally binding document and create binding obligations upon you.
1.3 By using our site, you accept these terms and conditions of website use and agree to abide by them. If you do not agree to these terms and conditions of website use, please do not use our site.
2 Information about us
The West Highland Way is administered by Loch Lomond & The Trossachs National Park Authority on behalf of the West Highland Way Management Group.
3 Access
3.1 Our site is a place for you to ascertain general information relating to us.
3.2 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products and the material (“Material”) made available upon or through it without notice. Unless explicitly stated to the contrary the supply or making available of any Products or Material shall be subject to these terms and conditions of website use.
3.3 We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.
3.4 You are responsible for making all arrangements necessary for you to have access to our site. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions of website use and that they comply with them.
3.5 We have used reasonable endeavours to ensure that our site complies with Scottish laws. However, we make no representations that our site or the Products or Material are appropriate or available for viewing, access or use in locations outside Scotland. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site, the Products or Material is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site, the Products or Material and you must exit immediately. If making available the Products or Material in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited, the Products and Material are not made available to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to purchase the Products.
3.6 We make no representations and give no warranties or guarantees, express or implied, that the making available of our site, the products or material in any particular territory outside Scotland is permitted under any non-Scottish laws. we exclude all liability for any damages, loss, costs or expenses relating to or arising out of the purchase or attempted purchase of products or access or attempted access to our site or the material by persons located in territories other than Scotland who are restricted from purchasing or attempting to purchase products or who are restricted from accessing or attempting to access our site or the material.
4 Availability and operation
4.1 We shall use reasonable endeavours to ensure that our site and any Products or Material are available and that our site operates properly at all times.
4.2 We may suspend the availability or operation of our site or the availability of any Products or Material on a temporary or indefinite basis as we may in our sole discretion determine.
5 Linking to our site
5.1 You may link, or may procure that a third party acting on your behalf links, to our site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it. Please note that any such link by you or the third party is placed at your or that third party’s own risk.
5.2 You must not establish nor procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent.
5.3 You must not establish nor procure that any third party establishes a link from any website that is not owned by you.
5.4 You must not frame or create a border environment nor procure that any third party frames or creates a border environment on our site through any other website.
5.5 You must not establish nor procure that any third party establishes a link to our site from a website which contains content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.6 You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.
5.7 In the event that you are in breach of this section of these terms and conditions of website use, we will operate a two stage process to resolve the situation. In the first place we will contact you in writing to request removal of the offending page, link, image and/or text. Failure to comply within two weeks of service of our written request for removal will result in our contacting your website host or server and requesting that they remove the offending page, link, image and/or text from their systems. Your continued use of this website implies your agreement to this procedure. We do not accept any liability for any loss of earnings, other income, intangible harm or damage, including to reputation, or actual physical or mental loss, damage or harm caused as a result of the removal of any website page which breaches these terms and conditions of website use.
5.8 We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine.
6 Links from our site
6.1 Where our site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.
6.2 The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.
7 Viruses, hacking and other offences
7.1 You must not:
7.1.1 misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our systems, data or information;
7.1.2 attempt to gain unauthorised access to our site, the servers on which our site is stored or any server, computer or database connected to our site;
7.1.3 use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;
7.1.4 use an anonymising proxy to access our site;
7.1.5 attack our site via a denial-of-service attack or a distributed denial-of service attack;
7.1.6 take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet or payment service providers; or
7.1.7 do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.
7.2 If you breach this clause we have the right to report any such breach 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 site will cease immediately.
7.3 You also understand that we cannot and do not warrant or guarantee that any products or material available for downloading from our site will be free from infection, viruses and/or other code that has contaminating or destructive properties. you are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements in this respect. we exclude all liability for any damages, loss, costs or expenses relating to or arising out of any distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to use of or access to our site, any products, or material, or your use of or interaction with any third party site.
8 Accuracy, errors and reliance
8.1 Please note that our site may contain inaccuracies or errors. You acknowledge that our site may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these terms and conditions of website use. Except as expressly stated, we make no guarantees or warranties in respect of the accuracy of any Material. This does not affect your rights under law. For further information upon these rights, please obtain legal advice.
8.2 Except where expressly stated otherwise, the Material is general in nature and is not intended to amount to advice on which reliance should be placed. You undertake not to rely upon the Material. You undertake not to provide any Material to any third party with a view to that third party relying upon that Material
8.3 The representation of features or boundaries on any maps reproduced or hosted on our site, in which the National Park Authority or others have an interest, does not necessarily imply their true positions. For further information please contact the appropriate authority. All maps are reproduced or hosted for information purposes only and should not be relied upon for navigation.
8.4 Except as expressly stated, we exclude all liability for any damages, loss, costs or expenses incurred relating to or arising out of any inaccuracies or errors within our site or any material or reliance placed upon any material.
9 Passwords
9.1 If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site or any Products or Material, you must treat such information as confidential, and you must not disclose it to any third party.
9.2 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Products or Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of website use.
9.3 You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to our site or any Products or provided by us to you has become known to any third party.
10 Intellectual property rights
10.1 Our site, the Products and the Material are protected by international copyright laws and other intellectual property rights. You acknowledge that we are the owner or the licensee of intellectual property rights in or relating to our site, the Products and the Material (with the exception of such content as is expressly listed below) You acknowledge that any intellectual property rights in our site, the Products and the Material are licensed, but not transferred, to you, for the purposes expressly stated in these terms and conditions of website use and for no other purposes whatsoever, and always in accordance with these terms and conditions of website use. We reserve all such rights.
10.1.2 Submitted documents
All documents (including, but not limited to, maps, plans and photographs) submitted to the West Highland Way and made available through our site remain the copyrighted material of the author of those documents. Unauthorised use of such documents is prohibited without the author’s permission.
10.2 You must not:
10.2.1 use, copy or download;
10.2.2 disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise (in a database or otherwise);
10.2.3 translate, merge, adapt, vary, modify or make alterations to;
10.2.4 distribute or licence rights in,
our site or any Material or any copies thereof other than as expressly stated hereunder.
10.3 Our status or that of any identified contributors as the authors of the Material must always be acknowledged. Such acknowledgement must include the address of our site.
10.4 Other than as explicitly specified hereunder nothing contained in these terms and conditions should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use our site, the Material or any intellectual property rights in any Products without our express written permission.
10.5 You must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your premises at which our site is or has been used by you or with your consent and to the computer equipment located there for the purpose of ensuring that these terms and conditions of website use have been complied with.
10.6 You must not attempt in any way to remove or circumvent any technical protection measures applied to our site or to any Products to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.
11 Your rights of use
11.1 You may print off one copy of any Material for your personal study, research or internal business purposes.
11.2 You may copy and distribute to third parties in an electronic or paper format extracts of Material generally and publicly made available upon our site without a requirement to register with our site but only in so far as may be necessary to draw the attention of such third parties to the availability of Products or Material upon our site. Our status or that of any identified contributors as the authors of such extracts must always be acknowledged. Such acknowledgement must include the address of our site.
11.3 You may use for the purposes for which they are supplied (but for no other purpose) any Products supplied to you provided you have paid to us the Price for those Products and provided that you have not breached these terms and conditions of website use.
- Complaints regarding Material
12.1 If you wish to complain about any Material or Products, please contact us at whw@lochlomond-trossachs.org. We will then review the Material or Products. We shall in our sole discretion determine whether to remove the Material or Products from our site. If we decide to remove the Material or Products, our removal shall not be an admission as to any fact or circumstance, or be deemed to be an acceptance of your complaint. We may or may not respond to your complaint.
12.2 Please note that we do not moderate any forums, comments facilities, blogs, links or other content made available upon our site by third parties.
13 Products
13.1 We warrant that the Products shall be fit for the purposes for which they are supplied.
13.2 All other warranties, representations or guarantees in respect of the products are excluded in so far as it is legally possible for us to do so. your statutory rights remain unaffected. for further information upon your statutory rights please obtain legal advice.
13.3 In respect of the Payment Website you undertake and warrant:
13.4 to abide by any terms and conditions relating to use of or interaction with the Payment Website;
13.5 that any information submitted by you to the Payment Website will not be false, inaccurate or misleading; and
13.6 not to engage or attempt to engage in any potentially fraudulent or unauthorised activity or any activity that does or may present a credit or fraud risk to us, the provider of the Payment Website or any third party.
13.7 The price is inclusive of all applicable taxes and duties due and payable in the united kingdom. if the provision of products in the territory from which you access our site gives rise to an obligation to remit any tax, duty or similar payment to any authority other than those authorities resident in the united kingdom you shall be responsible for satisfying such liability. you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all such liability.
13.8 We reserve the right to request additional information from you in relation to your payment of the Price for any reasonable purpose, including to allow us to properly verify your identity, investigate alleged fraudulent activities and to allow us to comply with anti-money laundering obligations. You agree to comply with any request for further information as we reasonably require within such period as we may reasonably require. This may include, without limitation, requiring you to fax, email or otherwise send certain identification documents to us.
13.9 You agree that your provision of information concerning the payment method chosen by you upon the Payment Website (your “Specified Payment Method”) through the Payment Website constitutes your authorisation to us and our service providers to collect (or procure the collection of) the Price using the Specified Payment Method. You acknowledge that once you have provided such authorisation, you will not be able to cancel such authorisation.
13.10 You grant to us the right to resubmit (or procure the resubmission of) any payment made by you hereunder using your Specified Payment Method that is returned for insufficient or uncollected funds.
13.11 You warrant that you have the authority and permission to provide details of the Specified Payment Method and to authorise and permit us to collect (or procure the collection of) the Price using the Specified Payment Method.
13.12 We only accept payment of the Price in pounds Sterling. If any payment made by you hereunder requires a currency conversion to be made, the amount of the exchange rate and any related fees will be determined by the provider of your Specified Payment Method. You shall be responsible for meeting any such fees.
13.13 Any payments made by you hereunder may appear on any statement provided to you by the provider of your Specified Payment Method under the name of our service providers or in combination with our name, reference or internet address.
13.14 We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the payments you can remit using the Payment Website.
13.15 We may review (or procure the review of) any information you submit through the Payment Website prior to collecting (or procuring the collection of) the Price using the Specified Payment Method. This review may be carried out for fraud prevention purposes. Following such review we may withhold or refrain from collecting (or procuring the collection of) the Price using the Specified Payment Method and cancel any arrangement for the supply of Products between you and us, without liability to you. Any such review is not a representation by us as to your character or reputation.
13.16 In the event that the provider of your Specified Payment Method acting on your behalf seeks the return of any Price paid or disputes our authorisation to collect (or procure the collection of) the Price (a “Chargeback”) you agree on our request to subrogate or otherwise assign to us your rights against any third parties related to such Chargeback, and agree that we may pursue those rights directly or on your behalf as we may in our sole discretion determine. You undertake at our request to support a Chargeback by filing and supplying to us a copy of a police report.
13.17 You undertake not to use your Specified Payment Method:
14.18 in a manner that results in or may result in Chargebacks, or liability for us to pay any sums, including without limitation any fees or fines to any third party;
13.19 in a manner that we or any financial institution reasonably believe to be an abuse of the banking industry’s reversal process, credit card system or a violation of credit card association rules, or in a manner that results in or may result in any liability to, complaint by or dispute with any third party;
13.20 to test credit card behaviour; or
13.21 when you have a rating within any credit reporting agency indicating a high level of risk associated with your use of services the same or similar to the Specified Payment Method.
13.22 When you remit the Price to us you are liable to us for the full amount of the Price plus any additional sums due to be paid by us to any third party if your payment of the Price is later invalidated for any reason other than in the event of a valid Chargeback (including without limitation any fees or fines due to be paid to third parties if we successfully dispute a Chargeback or if the collection of the Price is declined by the provider of your Specified Payment Method due to insufficient funds).
13.23 We make no representation or warranty regarding the amount of time taken to complete transfer of the Price from the provider of your Specified Payment Method to us.
13.24 You agree that we may satisfy any liability of you to us in full through use of your Specified Payment Method.
13.25 You consent to the providers of the Payment Website and your Specified Payment Website disclosing to us information concerning any payments made by you hereunder and details of your Specified Payment Method and our subsequent disclosure of this information in so far as may be necessary to enable us to properly and fully exercise our rights under these terms and conditions of website use.
13.26 Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 21 days of the date of the Confirmation, unless there are exceptional circumstances.
13.27 The Products will be at your risk from the time of delivery.
13.28 Ownership of the Products will only pass to you when full payment is received in respect of the Price, including delivery charges.
14 Right to cancel
14.1 If you are contracting as a consumer you have the right to cancel a Contract for the purchase of Products within 14 days without giving any reason.
14.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products.
14.3 To exercise the right to cancel, you must inform us of your decision to cancel the Contract by a clear statement via letter, fax or email. You may use the model cancellation form, but it is not obligatory.
Model cancellation form
To The West Highland Way:
I/We [] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following products
Ordered on [*]/received on [*],
Name
Address
Signature (only if this form is notified on paper),
Date
[*] Delete as appropriate
14.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We do not need to have received the cancellation within the cancellation period.
15 Effects of cancellation
15.1 If you cancel the Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a form of delivery other than the least expensive form offered by us).
15.2 We may make a deduction from the reimbursement for loss in value of the Products, if the loss is the result of unnecessary handling by you.
15.3 We will make the reimbursement without undue delay, and not later than:
15.3.1 14 days after the day we receive the Products back from you;
15.3.2 (if earlier) 14 days after the day you provide evidence to us that you have returned the Products to us; or
15.3.3 if no Products were supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
15.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15.5 If you have received Products:
15.5.1 you shall return the Products without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the Contract to us. The deadline is met if you return the Products to us before the period of 14 days has expired;
15.5.2 you will have to bear the direct cost of returning the Products; and
15.5.3 you are only liable for any diminished value of the Products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products.
16 Exclusions
16.1 The terms of our Privacy and Cookie Policy (available at https://www.westhighlandway.org/privacy-policy/) shall form part of these terms and conditions of website use.
16.2 Without prejudice to any other term of these terms and conditions of website use and except for any responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
16.2.1 losses that were not foreseeable to you and us when this contract was formed or that were not caused by any breach on our part;
16.2.2 business losses; or
16.2.3 losses to non-consumers.
17 Transfer
17.1 You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions of website use without our prior written consent.
17.2 We may sublicence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions of website use at any time.
18 Breach
18.1 If you breach any of these terms and conditions of website use, all of your rights under these terms and conditions including your right to use our site, and any intellectual property rights in the Products and the Material will cease immediately.
18.2 If we have reason to believe that you have breached these terms and conditions of website use or are likely to breach these terms and conditions of website use we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.
19 Circumstances beyond our control
19.1 We will not be liable for any failure to perform any obligation under these terms and conditions of website use due to causes beyond our reasonable control.
19.2 These terms and conditions of website use do not confer any rights on any person other than you and us.
20 Variation
20.1 We may change the Products or Material at any time.
20.2 Any Material may be out of date at any given time, and we are under no obligation to update any Material.
20.3 We reserve the right to change these terms and conditions of website use at any time by amending this page or the page upon our site containing our Privacy and Cookie Policy at https://www.westhighlandway.org/privacy-policy/. Any such change in these terms and conditions of website use or our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions of website use or our Privacy and Cookie Policy (as appropriate) as published on our site. You undertake to check this page and the page containing our Privacy and Cookie Policy from time to time to take notice of any changes we have made, as they are binding on you.
20.4 Where we have supplied Products to you the version of these terms and conditions of website effective as of the date of your Confirmation shall govern such supply.
20.5 Some of the provisions contained in these terms and conditions of website use and our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on our site.
21 Waiver
21.1 If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions of website use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions of website use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
22 Severability and entire agreement
22.1 If any term, condition or provision of these terms and conditions of website use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
23 Notices to You
23.1 We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.
23.2 With the exception of amendments to these terms and conditions of website use and our Privacy and Cookie Policy, which shall have immediate effect following posting upon our site (except as expressly stated otherwise), such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.
24 Notices to us
24.1 You may only notify us in connection with any matter arising under these terms and conditions of website use, except where specified otherwise under these terms and conditions of website use, by emailing us at whw@lochlomond-trossachs.org.
24.2 Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.
25 Disputes
25.1 We will try to resolve any disputes with you quickly and efficiently.
25.2 If you are unhappy with:
25.2.1 the Products;
25.2.2 our service to you; or
25.2.3 any other matter,
under these terms and conditions of website use or any Contract for the purchase of Products, please contact us as soon as possible.
25.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
25.3.1 let you know that we cannot settle the dispute with you
25.4 If you want to take court proceedings, the relevant courts will have exclusive jurisdiction in relation to these terms and conditions of website use and any Contract for the purchase of Products.
25.5 If you want to take court proceedings, the relevant courts will have exclusive jurisdiction in relation to these terms and conditions of website use and any Contract for the purchase of Products.
25.6 Relevant law will apply to these terms and conditions of website use and any Contract for the purchase of Products
26 Third party rights
26.1 No one other than a party to these terms and conditions of website use has any right to enforce any term of these terms and conditions of website use.