Website Conditions of Use

Updated on 05 January 2009

Please ensure that you have read and understand the following terms and conditions before making any further use of this website.  Please contact us if you have any queries.

1. IMPORTANT INFORMATION

1.1 Our websites

The following websites (the “Sites”):

www.winningscotlandfoundation.org
www.inthewinningzone.com
www.positivewinningattitude.org
www.championsinschools.com
www.positivecoachingscotland.com
www.thewinninggame.co.uk
www.beawinner.org.uk

are operated by Winning Scotland Foundation (“us”/“we”/“our”). 

1.2 About us

Winning Scotland Foundation is a company incorporated in Scotland with registered number SC283771.  It is limited by guarantee, has Scottish Charity Number SC 03645 and has its registered office at 6-8 Dewar Place Lane, Edinburgh, EH3 8EF.  We can be contacted by post sent to our registered office, email to info@winningscotlandfoundation.org or fax to +44 (0)131 221 9459.  We are regulated by the Office of the Scottish Charity Regulator, whose details can be found at http://www.oscr.org.uk.

1.3 Conditions of use

You (the person accessing or otherwise using any of the Sites) are permitted to use the Sites only in accordance with these terms and conditions (“Conditions of Use”).  

1.4 Changes to these conditions

Please regularly check this page to ensure that you have read, understand and agree to the terms of the most recent version of these Conditions of Use.  We may change these Conditions of Use at any time.  We will post the amended version on this page together with the date on which it was posted.  The amended version will take effect immediately on that date. 

2. WHO IS ALLOWED TO USE THE SITES?

2.1 Minimum age

You may only access or otherwise use the Sites if you are at least 8 years old. 

2.2 Parental consent

If you are under 16 years old, you must get your parent/guardian’s permission before registering for a user account or otherwise providing any personal information via the Sites.

3. REGISTRATION & USER ACCOUNTS

3.1 Registration information

If you choose to register with any of the Sites, you will be asked to supply certain information about yourself on the registration form(s).  You must:
(a) ensure that the information you supply is accurate, current and complete; and
(b) tell us if any information you have supplied about yourself is no longer accurate and complete.

3.2 Multiple accounts not allowed

Only one user account per person is permitted.  (You may however register for a user account on behalf of a group or other such entity.)

3.3 Using other users’ accounts

You must not allow other people to use your account or use or attempt to use another person’s account (except in the case of a ‘group account’, provided that you are a member of that group and are authorised to access their account).

3.4 Security

You must keep your password and user identification for the Sites secret (and tell us if you believe someone else has obtained access to your account). 

3.5 Closing and suspending accounts

We may suspend or close any user account at any time at our sole discretion (including, without limitation, in the case of breach by you of these Conditions of Use).

4. USING WEBSITE CONTENT

4.1 Your rights and restrictions

You are allowed to access the text, images and other content from the Sites (the “Website Content”), and to download, store, use and copy it for your own personal purposes, but you must not:
(a) reproduce, modify, display, distribute or otherwise use the Website Content for any other purpose (including, without limitation, any commercial purpose); nor
(b) attempt to transfer the rights we have granted to you to any other person.

4.2 Linking to our Sites

You may only create hyperlinks from other website to the homepages of the Sites (using the addresses listed under clause 1.1).   You are not permitted to create a hyperlink to any other webpages from the Sites without our written permission, nor may you do any of the following:
(a) create a frame or any other browser or border environment around any of the Sites;
(b) create a link from a website which contains content that is offensive, distasteful, controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with applicable laws and regulations;
(c) create a hyperlink to our Sites in any way imply that we are endorsing any products or services other than our own; or
(d) misrepresent your relationship with us.

4.3 Content from other users

We do not generally screen postings made by users of our Site.  We therefore do not guarantee the truthfulness, accuracy or reliability of communications posted by users of the Sites, nor do we necessarily approve of any opinions expressed by any such users.  If you believe that any posting on any of our Sites infringes your intellectual property rights, data protection rights, human rights or any other legal rights (or is otherwise unlawful), please contact us immediately.

4.4 Prohibited use of the Sites

The following use of the Sites is expressly prohibited:
(a) using contact details obtained from the Sites to send any mass communications of any nature; or
(b) using any of the Sites in any manner that could damage, disable, overburden or impair any of the Sites.

5. MATERIAL PROVIDED BY YOU

5.1 Posting requirements

You must ensure that, if you submit text, images or other material to us (whether via the Sites’ user forums, discussion groups, questionnaires or otherwise and whether directly or via a hyperlink), you comply with each of the following conditions:
(a) you grant to us (and to anyone who later becomes the owner of the Sites) a right to use that material anywhere in the world without charge, including, without limitation, the right to reproduce, change, adapt, publish, translate, create other works from, distribute, communicate to the public, perform and display the material; incorporate the material in other works (in any form, media or technology); and permit other users of the Sites to use the material (or any work derived from it) for their own personal use in accordance with these Conditions of Use;
(b) you agree to waive any right you may have to be identified as the author of the material you submit (and any other such ‘moral rights’ you may have);
(c) you guarantee that, to the best of your reasonable knowledge, any use by us (or by other users of the Sites) of the material you supply to us will not breach any third party’s rights (including, without limitation, any copyright or data protection rights);
(d) you guarantee that the material you submit is not obscene, defamatory, indecent, lewd, pornographic, violent, abusive, insulting, threatening, discriminatory, harassing or otherwise in breach of any law or regulation; and 
(e) you guarantee that, to the best of your reasonable knowledge, the material you submit does not incorporate or otherwise include any mailbombs, trojan horses, viruses or other disruptive programs or devices.

5.2 Deleting your material

We may, at our sole discretion, remove any material you post on the Sites, for any reason.

6. OUR LIABILITY

6.1 What we are liable for

We do not restrict our liability (if any) for personal injury or death resulting from our negligence, fraud committed by us, nor any other matter which it would be illegal to limit or to attempt to restrict.

6.2 Exclusion of other liability

You use this Sites entirely at your own risk.  We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with use of the Website Content or the Sites generally (even if we have been advised of their possibility.)  For the avoidance of doubt:
(a) The Sites are provided “as is”.  We make no guarantee that any of the Website Content is accurate, up-to-date or complete.
(b) The Website Content is not intended to address your particular requirements, or to constitute any form of advice or recommendation by us.  It is therefore not intended to be relied upon by you in making any specific decisions.
(c) We also make no guarantees that the content on the Sites is appropriate or relevant for use in locations outside the United Kingdom.
(d) You are solely responsible for all risks associated with dealing with other users whom you contact through the Sites.  We exclude liability relating to information provided by other users of the Sites which you rely on or otherwise make use of.  We exclude liability for misuse by third parties of material you post on the Sites.
(e) You are responsible for ensuring that your computer system will let you use the Sites and meets all relevant technical requirements to allow you to use the Website Content.
(f) We do not guarantee that any material available for downloading from the Sites will be free from infection, viruses and/or other code that may contaminate or destroy property. You are responsible for putting in place and maintaining adequate procedures and virus checks (including anti-virus, firewall and other security checks).
(g) You understand that Winning Scotland Foundation may change, suspend or discontinue any part of the Website Content, including your access to it.  Unless otherwise explicitly stated, access to and use of any new features on the Sites will be subject to these Conditions of Use.
(h) We do not guarantee that the Sites will be continuously available.  We may suspend access to the Sites from time to time to carry out maintenance and support work and to investigate unauthorised use, but we will try to keep downtime to a minimum.
(i) We exclude liability for breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Conditions of Use might have effect in relation to the Sites.
(j) Any hyperlink which appears on the Sites linking to any other websites does not mean that we endorse or accept any responsibility for what is on, or the use of, such a website and we will not be liable for any loss or damage caused by using or relying on any content, goods or services available on or through any other website.
(k) In no event will we be liable to you for loss of profit, indirect or consequential damages.

6.3 Limitation on any remaining liability

In the event that our liability cannot be excluded, where permitted, we shall not be liable for any claims which you fail to notify us of within 12 months of your first user account for any of the Sites being created.

7. GENERAL LEGAL MATTERS

7.1 Transfer of rights and obligations

We may transfer any or all of its rights and obligations under these Conditions of Use to any other party at any time by posting a notice on the relevant Site(s).  You may not transfer any of your rights or obligations under these Conditions of Use without our written consent.

7.2 Entire agreement between you and us

These Conditions of Use, as amended from time to time in accordance with clause 1.4 constitute the whole agreement between you and us regarding the Sites and supersede any prior understandings or agreements.  The headings are for convenience only and shall not affect the construction or interpretation of these Conditions of Use.

7.3 Severability of terms

If any part of these Conditions of Use is or becomes or is declared illegal, invalid or unenforceable for any reason whatsoever, such part will be cut out from these Conditions of Use, but the remaining Conditions of Use will remain unaffected.
 
7.4 Result of waiver

Failure by either you or us to exercise any right or remedy under these Conditions of Use does not mean that that you or we cannot rely on that right or remedy in the future, or on any other provision of these Conditions of Use.

7.5 Resolving disputes

 These Conditions of Use are governed by Scots law and any dispute under or in connection with these Conditions of Use must be brought in the Scottish courts.  You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Sites.