Terms & Conditions – Business Listings
- Introduction
1.1 these terms and conditions shall govern your use of our website, https://www.westhighlandway.org/.
1.2 by using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 if you submit any material to our website or use any of our website services we shall ask you to expressly agree to these terms and conditions.
1.4 you must be at least 18 years of age to post your Business Listing on our website; by using our website or agreeing to these terms and conditions you warrant and represent to us that you are at least 18 years of age.
- Listings on our Website
2.1 you may submit a listing to our website by following this process: an overview of the Business Listings is provided at https://www.westhighlandway.org/business-listings/ and you can create a listing by selecting the relevant category and following the steps outlined https://www.westhighlandway.org/create-a-listing/.
2.2 you will have the opportunity to identify and correct input errors prior to confirming your listing on our website.
2.3 if we accept your listing it will remain published on our website for a period of one year from the date of publication, or from the date of any subsequent period of renewal, subject to termination or deletion in accordance with these terms and conditions.
2.4 we may delete your listing at any time, providing that if we delete a listing before the end of the period in respect of which listing fees have been paid we shall refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro rata basis using any reasonable methodology.
2.5 you must ensure that all the information you supply to us is true, accurate, current, complete, and not misleading;
2.6 your listing must not relate to any unlawful business, product or service; and you must not make any listing with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement;
2.7 without prejudice to our other rights under these terms and conditions we reserve the right to reject or delete listings that breach these terms and conditions or do not meet any other additional guidelines for submissions published on our website.
- Uploading material to our site
3.1 Disclaimer: “The West Highland Way Management Group (“WHWMG”) provides links to external websites. Listing of sites and links to them should not be taken as an endorsement of any kind. We do not accept responsibility for the contents or reliability of the linked web sites nor do we accept any liability for their accuracy or content.” https://www.westhighlandway.org/location/
3.2 You represent and warrant to the WHWMG that:
(a) you own all rights in the material being uploaded or otherwise have the right to submit the material to the website;
(b) that the material does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, or privacy); and
(c) you hereby agree to defend, indemnify and hold harmless to West Highland Way from and against any and all losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.
3.3 The WHWMG relies on these representations and warranties and does not accept responsibility to the extent they are inaccurate and user generated content breaches any third party rights.
3.4 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
3.5 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
3.6 We have the right to remove any material or posting you make on our site if, in our sole opinion, such material is inaccurate or inappropriate.
- Payment
4.1 Payment for your listing on https://www.westhighlandway.org/ is made via PayPal. If you require an alternative payment method, please email us at whw@lochlomond-trossachs.org.
4.2 Once you have created your Business Listing and submitted payment therefor, you will receive email confirmation and further details. We will review your Business Listing and, once approved, publish it on the website for one year from the date of publication. You will receive a reminder about the renewal of your listing in a year’s time.
4.3 the fees in respect of listings on our website will be as set out on the website from time to time;
4.4 all amounts stated in these terms and conditions or on our website are stated exclusive of value added tax or any substitute thereof;
4.5 we may vary fees from time to time by posting new fees on our website, but this shall not affect fees for Business Listings that have previously been paid;
4.6 if you dispute any payment made to us you must contact us immediately and provide full details of your claim;
4.7 if you owe us any amount under or relating to these terms and conditions we may suspend or withdraw the provision of services to you.
- Passport Points
5.1 Having an active listing in the accommodation and services section (https://www.westhighlandway.org/location/) of the website gives you the option (at our discretion) to become a Passport Point and display window stickers to show your support for the maintenance of the West Highland Way.
5.2 Stamps and window stickers remain the property of the WHWMG and should be returned if you cancel or decide not to renew your listing.
6. Use of the WHW logo
6.1 By having an active listing on the site, you have permission to use a digital version of the official logo on your website to promote your business in line with brand guidelines.
6.2 The official West Highland Way logo is trademarked and it must not be used in printed form without further permission. Please contact us to discuss as there may be additional charges if you wish to use the logo in any printed form e.g. printed products, on a vehicle, building, or commercial product.
- General
7.1 The WHWMG reserves the right to refuse, amend, withdraw or otherwise deal with all listings and website entries submitted at their discretion.
7.2 All listings and website entries must comply with the British Code of Advertising Practice and must in no way contravene the Trade Descriptions Act.
7.3 If there is any error or omission in respect to any listing as it appears in published form, WHWMG shall be under no liability to the business, other than to consider a refund of the listing charge or a correction on the website in question. WHWMG will not refund the listing charge for inaccuracies provided by the business.
- Data Protection
8.1 Once you complete the listing creation form your details will be stored on our contact database. Your data will be used for participation in surveys, industry updates and news concerning the West Highland Way marketing, promotion and development. We will not share your data with third parties.
8.2 If you would no longer wish us to contact you, or you have any questions about our use of your personal data, please email whw@lochlomond-trossachs.org
- Our Liability
9.1 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
(a) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and/or
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9.2 You agree to defend, indemnify and hold us harmless, our subsidiaries, affiliates, officers, directors, employees and agents from and against all damages, liabilities, claims, damages, costs or expenses (including reasonable legal fees and costs) we incur arising from any use of any content / materials supplied to you.
9.3 From time to time it may be necessary for the website to be made unavailable for maintenance or security reasons or as a result of a technical or connectivity failure. We will endeavour to prevent any interruption to website availability and to schedule maintenance at times of low user traffic. However where this is not possible, West Highland Way will not be liable for any loss or damages incurred as a result of the website being unavailable for any period of time.
- Viruses, hacking and other offences
10.1 You must not misuse our site or app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
10.2 You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
10.3 You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
10.4 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will 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.
10.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site/app or to your downloading of any material posted on it, or on any website linked to it.
- Linking to our site
11.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 You must not establish a link from any website that is not owned by you.
11.3 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.
- Misuse of our Website
12.1 You must not:
a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;
b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
c) hack or otherwise tamper with our website;
d) use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; or
e) do anything that interferes with the normal use of our website.
13. Severability
13.1 Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Third party rights
14.1 This Agreement does not create any third party rights under The Contract (Third Party Rights) (Scotland) Act 2017.
- Entire Agreement
15.1 These Terms and Conditions supersede any previous terms and conditions in relation to the matters dealt with herein and represents the entire understanding between the parties in relation to the use of our listings service.
- Governing Law
16.1 These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and are subject to the exclusive jurisdiction of the Scottish courts.
If you have any questions, please contact us at: whw@lochlomond-trossachs.org
Last Updated: February 2024