Web site Terms and Conditions / Post card Exhibit Terms and Conditions
Whitelee Windfarm Visitor Centre Web Site
© 2015 ScottishPower Renewables (UK) Ltd
Access to and use of this web site is provided by ScottishPower Renewables on and subject to the following terms and conditions.
ScottishPower Renewables is a trading name of the ScottishPower Renewables Group which is compromised of the following companies: ScottishPower Renewable Energy Holdings Limited, company number SC328194 and ScottishPower Renewable Energy Limited, company number SC326127. Both companies are registered in Scotland and have their registered offices at 1 Atlantic Quay, Robertson Street, Glasgow G2 8SP; and ScottishPower Renewables (UK) Limited, company number NI028425, being registered in Northern Ireland and having its registered office at The Soloist, 1 Lanyon Place, Belfast BT1 3LP.
All rights, including, without limitation, copyright, in the form and content of this web site are owned by ScottishPower Renewables, unless otherwise stated. Neither the name ScottishPower Renewables, the ScottishPower Renewables logo (or in either case, anything confusingly similar to it) nor any other proprietary rights of ScottishPower Renewables contained in this web site may be used in any way, including, without limitation, in advertising or publicity in respect of the distribution of any of the information contained in this web site without the prior written approval of ScottishPower Renewables and nothing in this web site constitutes a licence to use any such rights in any way except as expressly permitted herein.
In accessing ScottishPower Renewables’ web site, you agree that you may and shall only use the downloaded content of the web site for your own personal and domestic, non-commercial use. ScottishPower Renewables reserves the right to withdraw this authorisation at any time by notice on this web site. You are not permitted and agree not to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this or any part of ScottishPower Renewables' web site for any purpose whatsoever other than your own personal and domestic, non-commercial, use, without the prior written approval of ScottishPower Renewables. Any copy of this web site or portion thereof must include these terms and conditions.
ScottishPower Renewables reserves the right to change these terms and conditions at any time by notice on its web site. You shall review regularly the information placed on the web site to ensure that you obtain timely notification of any such changes. Continued use of the web site after changes have been posted shall be deemed to constitute your acceptance of the amended terms and conditions.
You agree to use this site only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of this site by any other person. In particular, but without limitation, you must not do anything which is unlawful, or which may harass or cause distress or inconvenience to any person or disrupt of normal flow of dialogue within this web site or transmit any material which is or may be obscene, offensive or indecent.
This web site and all information contained herein (including, without limitation, names, images, pictures, logos and icons regarding or relating to ScottishPower Renewables) is provided without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Any person using the information in this web site uses such information at his own risk. In no circumstances shall ScottishPower Renewables be liable for any loss or damage, howsoever arising, out of or in connection with the use of the web site, including, without limitation, direct or indirect loss, consequential loss or damage or loss of profit, loss arising from use or loss of use, loss arising from any errors or omissions in the information contained in or referred to in this web site and whether for breach of contract, in negligence, delict or tort.
The information and material contained in this web site are provided to you for information purposes only without regard to any particular user's investment objectives, financial situation, or means, and do not constitute and are not intended to constitute a public offer under any applicable legislation or an offer, invitation or inducement to sell or solicitation or an offer to buy or otherwise deal in any securities of ScottishPower Renewables or in any other investment, nor to constitute any advice or recommendation in connection with any such investment, nor to constitute an offer to provide services in any jurisdiction in which ScottishPower Renewables is not permitted to do so under any applicable law or regulation. Before making any investment decision you should seek advice from a financial adviser who is familiar with your financial situation and investment objectives. The value of shares and income from them can go down as well as up.
Although the information and material contained in this Site is based upon information that ScottishPower Renewables considers reliable and endeavours to keep current, ScottishPower Renewables has not verified this information or material and does not represent that this information or material is accurate, current or complete and it should not be relied upon as such. ScottishPower Renewables shall have no responsibility to maintain the data and services made available on this web site or to supply any corrections, updates or releases in connection therewith.
This web site may contain links or references to other web sites maintained by third parties over whom ScottishPower Renewables has no control. Such links are provided solely as a convenience to you. Inclusion of any third party links does not imply an endorsement or recommendation by ScottishPower Renewables.
ScottishPower Renewables does not warrant that the functions contained in the material contained in this web site will be uninterrupted and error free, that any defects which may occur will be corrected, or that this web site or the server that makes it available are free from viruses or bugs.
ScottishPower Renewables reserves the right to make changes to this web site and any product or service described in this web site at any time.
This web site is not intended to and does not create any legal or other relationship between ScottishPower Renewables and you or any third party.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that term or condition is found to be illegal, invalid or unenforceable, it shall be deleted and the remaining terms and conditions shall survive and shall continue to be binding and enforceable.
These terms and conditions shall be governed by and construed in accordance with the law of Scotland. All disputes arising here from shall be submitted to the exclusive jurisdiction of the Scottish courts.
If these terms and conditions are not accepted in full, the use of this web site must be terminated immediately. Any continued use of this web site shall be deemed acceptance by you of these terms and conditions.
TERMS & CONDITIONS
POSTCARD EXHIBIT AT WHITELEE WINDFARM VISITOR CENTRE
These are the terms and conditions on the basis of which ScottishPower Renewables (UK) Limited, a limited liability company registered in Northern Ireland under registered number NI028425 with its registered office being at The Soloist, 1 Lanyon Place, Belfast, Northern Ireland BT1 3LP makes available an exhibit enabling the sending of digital postcards at Whitelee Windfarm Visitor Centre (the “Exhibit”).
The Exhibit is to be used only by people over the age of 18 or people over the age of 14 provided that they are accompanied by a person over the age of 18.
By agreeing to these terms and conditions you are confirming that you are over 18 or you are accompanied by an adult who is over the age of 18. You must indicate your acceptance of these terms and conditions before using the Exhibit.
Throughout these terms and conditions, ScottishPower Renewables (UK) Limited will also be referred to as “our”, “us” or “we”. The person using the Exhibit,together with their accompanying adult, where appropriate, will be referred to as “you” or “your”.
Throughout these terms and conditions, Glasgow Science Centre (Trading) Limited (Registered No: SC210177) shall be referred to as “GSC”.
References to ‘clauses’ or ‘sub-clauses’ in these terms and conditions are references to clauses or sub-clauses of these terms and conditions.
In these terms and conditions, unless specified otherwise, clause headings shall not affect the interpretation of this agreement.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to any party shall include that party's personal representatives, successors and permitted assigns.
In these terms and conditions, any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
USE OF THE EXHIBIT – GENERAL
The Exhibit is the property of ScottishPower Renewables (UK) Limited.
As a visitor of Whitelee Windfarm’s Visitor Centre, you are entitled to use the Exhibit to send digital postcards online to your friends and family free of charge. The Exhibit provides the option of several approved images which you can select from for your digital postcard, and allows you to customise your own message to be sent with the postcard.
Digital postcards images are sent in standard HTML email format, and are designed to be displayed correctly on all common screen resolutions and devices.
Use of the Exhibit is permitted for the sole purpose of enabling you to send digital postcards from Whitelee Visitor Centre to your friends and family. The Exhibit is intended for personal use only. You may not use it for commercial purposes.
By accessing the Exhibit, you are agreeing to use it reasonably and responsibly. This shall include (but shall not be limited to):
not defacing or damaging, or attempting to deface or damage, the Exhibit;
not interfering with the operation of the Exhibit; and
not interfering with the power supply to the Exhibit.
The Exhibit is provided for the enjoyment of all visitors to the Whitelee Windfarm Visitor Centre who, in accordance with these terms and conditions, are entitled to use it. You shall be courteous and mindful of others when using the Exhibit.
If we believe that you are misusing the Exhibit is any way, we may ask you to cease using it and prohibit you from using it again in the future. If you are asked by any member of staff at Whitelee Windfarm Visitor Centre to cease using the Exhibit then you must cease to do so immediately.
The Exhibit contains several different approved images that you may select as the image for your digital postcard. You are not entitled to upload, download, post or use any other images to the Exhibit for your digital postcard and if any member of staff reasonably suspects you of attempting to do this, they may ask you to cease using the Exhibit or leave the Whitelee Windfarm Visitor Centre immediately.
We do not guarantee or warrant that the Exhibit or any of the approved images for digital postcards will always be available or uninterrupted. We may be required to suspend, withdraw,
discontinue or change any part of the Exhibit without notice. We will not be liable if, for any reason, the Exhibit is unavailable at any time, or for any period.
We do not guarantee or warrant that the Exhibit will be secure or free from bugs and viruses. We will do our best to ensure that the network and systems used by the Exhibit is protected and secure (and/or we will use reasonable endeavours to instruct GSC to do the same), however we cannot guarantee the security of the network and any transmission using the Exhibit is at your own risk.
You must not misuse the Exhibit by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any server, computer or database connected to the Exhibit. You must not attack the Exhibit via a denial-of-service attack or a distributed denial-of service attack. 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.
USE OF THE EXHIBIT – CONTENT STANDARDS
Before the Exhibit will send a digital postcard, it is necessary for you to fill in all those fields marked with a * and to select which approved image you wish to use for your digital postcard.
Once you have completed all the relevant information and pressed ‘send’ the Exhibit will send a digital postcard to the email address that you enter in the ‘To’ and/or ‘CC’ fields. Once you have pressed ‘send’, you will not have an opportunity to further amend the postcard.
By using the Exhibit to send a digital postcard you confirm that you have the consent of the individual(s) to whom you are sending it.
You are solely responsible for the information that you send using the Exhibit. We are not responsible for the content of any message you send, nor shall we be liable to any third party for the content or accuracy of any content from any digital postcard sent via the Exhibit.
You undertake not to abuse the Exhibit by using it to send messages in digital postcards which:
contain any material which is defamatory of any person;
contain any material which is obscene, offensive, hateful or inflammatory;
promote sexually explicit material;
promote discrimination based on sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right, trade mark or intellectual property right of any other person;
are likely to deceive any person;
are made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal activity;
are threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
are likely to harass, upset, embarrass, alarm or annoy any person;
are used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us, or a member of our group, if this is not the case; or
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Whilst we do not actively monitor or edit digital postcards, we (and/or GSC (as appropriate)) may install and use software which will automatically edit the content of your message to correct spelling mistakes and remove inappropriate and offensive language.
PRIVACY AND DATA PROTECTION - GENERAL
We are committed to maintaining your privacy. You should read the following provisions carefully to understand what data we will collect and how we will use it.
Before you are able to send a digital postcard from the Exhibit, you must complete the information fields that are marked with a *. This information includes: (i) your name; (ii) your email address; (iii) the email address of the recipient(s); and (iv) the contents of any message to be sent with the digital postcard.
If you tick the relevant box on the form to indicate that you would like to be added to the Whitelee Windfarm Visitor Centre mailing list, this means you consent to us (and/or such operators, contractors or agents referred to at clause 5.2 below) using your personal data for this purpose.
We will only process the information that we hold about you for the purpose of sending you copies of Whitelee Windfarm Visitor Centre’s regular e-newsletter and for no other purposes (and/or we shall use reasonable endeavours to instruct GSC to do the same). If you would like to see a copy of what you will be sent, please ask a member of staff.
We do our best to protect your information and use strict procedures and security features to try to prevent unauthorised access (and/or use reasonable endeavours to instruct GSC to do the same). However, we cannot guarantee the security of your data transmitted via the Exhibit and any transmission is at your own risk.
If, having signed up to the Whitelee Windfarm Visitor Centre mailing list you subsequently decide that you no longer wish to be on it or receive the Whitelee Windfarm Visitor Centre’s regular e-newsletter, you may select “unsubscribe” on your most recent e-newsletter or alternatively email us at Whitelee.Enquiries@glasgowsciencecentre.org.
If you do not indicate that you wish to sign up to the Whitelee Windfarm Visitor Centre mailing list, we will erase (and/or we shall use reasonable endeavours to instruct GSC to erase) your personal data immediately upon the sending of your digital postcard and we shall not make any further use of it (and/or we shall use reasonable endeavours to instruct GSC to not make any further use of it).
We will not collect or process the personal data of the person that you are sending the digital postcard to via the Exhibit (and/or we shall use reasonable endeavours to instruct GSC to not collect or process such data).
PRIVACY AND DATA PROTECTION – STORING YOUR INFORMATION
Subject to clause 4, we may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
For the purpose of supplying you with a copy of the Whitelee Windfarm Visitor Centre monthly e-newsletter, we require to share your personal data with GSC, who are responsible for operating the Whitelee Windfarm Visitor Centre (and any other such operator, agent or contractor, who may be responsible for operating the Whitelee Windfarm Visitor Centre from time to time) and with marketing agents who may be responsible for managing the mailing list from time to time.
We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if our assets are acquired by a third party, in which case personal data held by us will be one
of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal
You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by indicating that you do not wish to sign up to our mailing list, by clicking the “unsubscribe” link on any of the e-newsletters you receive or by contacting us at any time at Whitelee.Enquiries@glasgowsciencecentre.org.
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
LIMITATION OF LIABILITY
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law;
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and or our negligence, but we will not be responsible for any loss or damage that is (i) not foreseeable by us; and/or (ii) caused by a third party (including, without limitation, such operators, contractors or agents referred to at clause 5.2). Loss or damage is foreseeable if it is an obvious consequence of our breach.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the Exhibit and the approved images for digital postcards in the Exhibit. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2. The ScottishPower Renewables logo is European registered trade mark (Registration Number EU006721765) owned by Iberdrola S.A. Any unauthorised use of this trade mark constitutes a violation of our intellectual property rights.
We reserve the right to change these terms and conditions as and when we think necessary. It is your responsibility to check that you are aware of the terms and conditions which apply to your use of the Exhibit. We would recommend that you check these terms and conditions each time you use the Exhibit.
We reserve the right to transfer our rights and responsibilities under these terms and conditions, but this will not affect your rights or our obligations under these terms and conditions.
9. APPLICABLE LAW
These terms and conditions and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the law of Scotland and subject to the non-exclusive jurisdiction of the Scottish Courts.