Terms & Conditions
These terms of use (together with the privacy notice and the cookie policy) tell you the terms on which you may use this website. By using this website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you are not permitted to use this website.
This website is operated by [Scottish Enterprise,] established under the Enterprise and New Towns (Scotland) Act 1990 and having a principal office at Atrium Court, 50 Waterloo Street, Glasgow G2 6HQ ("SE").
Fairworktool.scot is delivered by Scottish Enterprise and Partners.
In these Terms, we call these bodies and organisations “Delivery Partners”. In future other public organisations may become Delivery Partners.
SE and the Delivery Partners accept no responsibility and, to the fullest extent permitted by law, exclude all liability in connection with browsing this site, use of any tools or calculators on this site, use of information on this site and downloading any material from it including, but not limited to, any liability for errors, inaccuracies, omissions or misleading or defamatory statements. SE and the Delivery Partners’ disclaimers of liability are set out in more detail on this page.
SE and the Delivery Partners reserve the right to change these terms of use at any time by amending this page. Any new terms will be displayed on the website and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use from time to time to verify such variations.
Information on this website
The information contained in this website may include opinions or views which, unless expressly stated otherwise, are not those of SE or the Delivery Partners or any associated company of SE or the Delivery Partners or any person that SE or any of the Delivery Partners are vicariously liable or responsible for.
Information on this website may be changed or updated without notice. SE or the Delivery Partners may also make improvements and / or changes in the products and / or services and programs described in this information at any time without notice.
The content on this website is provided for general information purposes only and does not constitute advice. You should seek the advice of an appropriately qualified person in your home jurisdiction before taking, or refraining from, any action on the basis of the content on this website.
SE and the Delivery Partners believe the information on this website to be true and accurate as at the date of writing but can give no assurances or warranty regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances.
SE and the Delivery Partners assume no responsibility for information contained on this website or derived from any tools or calculators on this site and disclaims all liability in respect of such information to the fullest extent permitted by law. In addition, none of the content of this website will form any part of any contract between you and SE or the Delivery Partners or constitute an offer by SE or the Delivery Partners. Specific disclaimers may apply in addition to certain content or parts of this website and such disclaimers will be notified to you.
Accessing this website
This website is made available to you free of charge. SE and the Delivery Partners do not guarantee that this website, or any information or services on it, will always be available or be uninterrupted. SE and the Delivery Partners reserve the right to suspend, withdraw or discontinue all or any part of this website without notice. SE and the Delivery Partners will not be liable to you if for any reason this website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to this website. Please note telephone and other connection charges may apply to your use of this website. For details of charges you should contact your telephone company and internet provider.
Copyright
The contents of this website (including all website design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software and all other material) are protected by copyright owned by SE or the Delivery Partners or its content and technology providers except insofar as individually stated on particular material or items.
You may view the site and download any part(s) of it to a personal computer (or other device which can access the internet) for personal viewing for private purposes only.
You are not permitted without our permission:
- To store it or any part of it other than for the purposes set out in this paragraph. Print out copies except for your own viewing for private purposes or for the purposes of your business (other than re-publishing such material for commercial purposes, or as requested by SE or a Delivery Partner in connection with any application made by you to SE and/or a Delivery Partner
- Reproduce, copy or transmit it (or any part of it) in any other way for any purpose or in any other medium. You are also not entitled to alter the content in any way.
For permission to reproduce any of the contents of this website in any other way than set out in the preceding paragraph: Contact us
Acceptable use
When using and accessing this website you may not cause damage, or deny or prohibit accessibility to this website in any way that is unlawful or illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing this website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to this website. Unsolicited transmission of commercial communications by you via this website is prohibited.
You are prohibited from posting or transmitting to or from the site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any law.
Uploading content to this website
This website is not a secure means of communication and we cannot guarantee the security of any information you supply to us using this website. For that reason, you should not submit or send to us via this website any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable.
Any material, information or other communication you may transmit, post or upload to this website other than your personal information will be considered non-confidential and non-proprietary, except when SE or the Delivery Partners state otherwise. Subject to such legal requirements as may be in force from time to time to protect the personal data of you and any third party, SE and the Delivery Partners and their designees will be free to copy, disclose, distribute, incorporate or otherwise use the communications in all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. By transmitting, posting or uploading any such content you are deemed to grant SE and the Delivery Partners a non-exclusive, royalty free, perpetual and transferable license to do so.
Please note that these provisions do not apply any process for uploading information to SE or the Delivery Partners as part of a grant or competition application process.
You represent and warrant that any content you supply to us using this website is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us. You agree that you waive all moral rights you may have in any such content but that any personal data you supply with your content may, if we choose to do so, be used by us as described in our privacy notice.
Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications that may exist on this website from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any content posted on or uploaded to the Site.
SE and the Delivery Partners have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this website is defamatory, constitutes a violation of their intellectual property rights, or of their right to privacy. SE and the Delivery Partners shall not be responsible, or liable to any third party for the content or accuracy of any content posted or uploaded by you or any other user of this website.
SE and the Delivery Partners reserve the right to remove any material uploaded by you to this website if, in our opinion, the material uploaded to this website by you is inappropriate or has been the subject of complaint from any third party.
Third party website links
Any links to third party websites are provided solely for the purpose of your convenience. Links made to other sites are made at your own risk and SE and the Delivery Partners accept no liability for any linked sites.
When you access a third party website through a link on this website, even if the third party website contains the SE logo or the logo of a Delivery Partner, please understand that it is independent from SE and the Delivery Partners and that SE and the Delivery Partners has no control over the content of any third party websites. Further, a link to a third-party website does not mean that SE or the Delivery Partners endorses or accepts any responsibility for the content or the use of such third party websites.
SE and the Delivery Partners have not tested any content, software feature or links found on any third party sites linked to and do not give any representation regarding the quality, safety, suitability or reliability of any of them or any of the material contained in them. You must take your own precautions to ensure what is selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Viruses
This website is not guaranteed to be free from any so-called computer viruses and it is strongly recommended that you check for such viruses before downloading any material from this website to your computer equipment.
You must not misuse this website 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 the server on which this website is stored, or any server, computer or database connected to this website.
You must not attack this website 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. SE and the Delivery Partners 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 this website will cease immediately.
Disclaimer
The materials, information, content and services on this website are provided “as is” and SE and the Delivery Partners expressly disclaims any and all warranties, express or implied, to the extent permitted by law including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose.
To the fullest extent permitted by law, SE and the Delivery Partners exclude liability for any claims, losses, demands or damages of any kind whatsoever with respect to any information and / or services provided on our website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise.
SE and the Delivery Partners will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the website, for example if you lose revenue, salary, profits or reputation as a result of your use of the website and/or the acts or omissions of any third party such as other users of the website or any other indirect or consequential loss or damage you may incur in relation to the website and its content.
Nothing in these terms of use shall operate to exclude or limit SE's or the Delivery Partners’ liability for either: (i) death or personal injury arising from negligence; or (ii) fraudulent misrepresentation.
General
SE and the Delivery Partners shall have no liability to you for any breach of these terms of use caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms of use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms of use will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These terms of use (together with the privacy notice) contain the entire understanding and agreement between us and you in relation to your use of this website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
Applicable law
These terms of use and all matters related to use of this website shall be governed and construed in accordance with the laws of Scotland and all parties irrevocably submit to the exclusive jurisdiction of the Scottish courts in respect of such matters.
If anything on this website is construed as being contrary to the laws applicable in any other country, then this website is not intended to be accessed by persons from that country and any persons who are subject to such laws shall not be entitled to use this website unless they can satisfy SE and the Delivery Partners that such use would be lawful.