Legal

Introduction

1.1   These terms and conditions (“these Terms”) apply to the whole of this Website.

1.2   We have defined certain words and phrases in these Terms and these are set out in the next clause.

1.3   Other terms and conditions (“Additional Terms”) may apply to Your use of certain parts of this Website, including certain pages or applications. If there is any conflict between these Terms and the Additional Terms the Additional Terms will take precedence over these Terms.

Definitions

2.1   In this Website the following words and phrases have the following meanings:

  1. “Accessing” means navigating to or electronically communicating with any part of this Website, directly or indirectly, by any means.
  2. “Additional Terms” means any terms and conditions which supplement or vary these Terms or which apply only in respect of specified matters within this Website.
  3. “Content” means any information which is made available via this Website in any form. For the avoidance of doubt, any rights to use the Content in this Website refers to the right to use information only, and does not create or imply any licence to any other materials which may be protected by any intellectual property rights, for example any software, programming code, designs or any particular arrangement of the information available on this Website.
  4. “Personal Use” means use of this Website by You for Your personal, individual, non-commercial use. Where you are not an individual, Personal Use includes use by You for Your internal purposes, provided that You have not gained any commercial advantage, whether directly or indirectly from the use of this Website. Personal Use allows You to view the Content, or download the Content as and where the ability is provided on the Website, for your individual use or to provide single offline copies or extracts of the Content to any other person for their Personal Use, provided that there is no commercial advantage to You in doing so (including that there is no charge for the Content provided) and provided that copyright acknowledgement is made appropriately by You. Personal Use excludes mass publication or broadcast by any means, whether for commercial or non-commercial reasons.
  5. “Special Area” means any part of this Website which is restricted by Us for particular categories of user.
  6. “these Terms” means these terms and conditions, but do not include the Additional Terms unless otherwise stated.
  7. “Website” means the website published by Us and located on the world wide web via the uniform resource locator (URL): http://www.aquaculture.scotland.gov.uk. It also includes any other website or URL from which We redirect or link to these Terms. In both instances it includes the Content.
  8. ”Us” means:

    1. The Crown Estate Commissioners, continued by the Crown Estate Act, 1961 and having their chief offices at 16 New Burlington Place, London, W1S 2HX;
    2. Food Standards Scotland, a body incorporated under the Food Standards Act, 1999 and having its chief offices at Food Standards Scotland, 4th floor, Pilgrim House, Aberdeen, AB11 5RL;
    3. the Scottish Environment Protection Agency, a body incorporated under the Environment Act, 1995 and having its chief offices at Strathallan House, Castle Business Park, Stirling, FK9 4TZ ; and
    4. The Scottish Government, acting through its directorate Marine Scotland;

    and therefore associated terms such as “We” and “Our” refer to all of Us, and where the context so admits, it includes any of Us.
  9. “You” means any person who has viewed, downloaded, used or otherwise accessed this Website and includes (but is not limited to) any person who has been granted access to a Special Area, and "your" shall refer to you. “You” includes any person acting on your behalf.

Application of these Terms

3.1   By Accessing this Website You are deemed to have accepted these Terms (and where appropriate the Additional Terms) in full and without any modification. These Terms and Your acceptance will form a legally binding contract between Us and You.

3.2   If You do not comply with these Terms in full and without modification You must stop using this Website and leave it immediately. In such circumstances you may not make use of any of the Content or any services we provide through this Website. However, where We offer alternative means of supplying information or services other than via this Website, You may find it appropriate to deal with Us on that basis (please note that separate terms and conditions may apply).

3.3   We reserve the right to amend or vary these Terms or the Additional Terms at any time. We shall use our reasonable endeavours to notify users of any change by stating this on the first page of our Website, but no guarantee is given. It is Your sole responsibility to check whether any changes have been made to these Terms or the Additional Terms. By using this Website after any change has been made You are deemed to have accepted such change. We may augment these Terms or the Additional Terms by special legal notices posted onto this Website.

3.4   You agree that We have discretion at all times to decide whether You may have access to this Website. We reserve the right from time to time to alter or limit the Content to which you may access and view using this Website. You agree that We may in our discretion alter, modify, add to or delete any Content from time to time, without having to give You prior, or any, notice. We reserve the right to prevent You from accessing any Content on this Website.

Owner and Operator of this Website

4.1   All rights in this Website, including in the Content are owned, controlled or licensed by or to Us and are protected by all applicable Scottish or international intellectual property laws.

4.2   We can be contacted by clicking on the following link: Contact Us

Disclaimer and Limitation of Liability

5.1   Nothing in this Website is intended to constitute specific legal or other advice. Unless otherwise indicated, any Content is for guidance only and may not be relevant to Your particular circumstances. We do not guarantee that the Contents will always be complete, up to date or relevant (except as required by law).

5.2   This Website and the Content is provided "as is" and We make no representation, endorsement or warranty as to its accuracy, completeness or fitness for any particular purpose.

5.3   Opinions expressed within this Website do not necessarily represent Our opinions. In the unlikely event that You find any inaccurate information on this Website or have any complaint about what We have published please advise Us by clicking on the following link: Contact Us. We will use reasonable endeavours to investigate the matter and take such action which We, in our sole discretion, determine as being appropriate having regard to all the circumstances.

5.4   If You do intend to rely on any of the Content You are advised to contact Us setting out all relevant circumstances in full and seek specific written advice applicable to Your specific circumstances.

5.5   To the fullest extent permitted by law and subject always to Paragraph 5.6 of these Terms, We hereby disclaim any and all liability for all loss, injury or damage (direct, indirect, consequential or special) arising out of or in connection with Your use of the Website including without limitation, any and all liability:

  1. relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of the Content;
  2. relating to Our work procuring, compiling, interpreting, editing, reporting and publishing the Content;
  3. relating to any interruption, failure or cessation of operation or transmission;
  4. resulting from any acts or omissions of any third parties in connection with Your use of this Website;
  5. resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures set out in this Website;
  6. arising out of or relating to Your mis-use of or inappropriate reliance on any Content; and
  7. resulting from any virus, worm, Trojan, time-bombs, keystroke loggers, spyware, adware or any other kind of malware or contamination of computing equipment.

5.6   Nothing in these Terms shall limit or exclude Our liability for fraudulent misrepresentation, or for death or personal injury resulting from Our negligence or the negligence of Our agents or employees.

Use of this Website

6.1   You may use this Website and any Content for Your Personal Use, and always subject to these Terms.

6.2   You may not use this Website for any commercial purpose, without first advising Us that you wish to do so. Please advise Us by clicking on the following link: Contact Us and We will endeavour to forward your query to the appropriate organisation.

Restrictions on Use of this Website

7.1   You warrant that You will not use this Website otherwise than in accordance with these Terms. You are therefore not permitted to use, copy, alter or delete any Content except as permitted by these Terms.

7.2   You further warrant that You will not:

  1. introduce or seek to introduce any computer viruses, macro viruses, trojan horses, logic bombs, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of this Website or any computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information; or
  2. attack or seek to attack this Website via a denial-of-service attack or a distributed denial-of service attack; or
  3. attempt to copy, modify, download or access any Special Area unless You are properly authorised by Us to do so; or
  4. disclose to any other person any confidential or proprietary information obtained from this Website unless required to do so by law or with Our prior consent;
  5. cause or seek to cause this Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of this Website is in any way impaired; or
  6. impersonate any person when using this Website.

7.3   You may only use this Website for lawful purposes. You therefore warrant that You will not act:

  1. in any way that breaches any applicable local, national or international law or regulation; or
  2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent purpose or effect.

7.4   In the event that You obtain access to details of another user of this Website, You may only use such information in accordance with all prevailing data protection and privacy laws. You warrant that such information will not be used for spam or unsolicited commercial communications.

7.5   You warrant that You will not mis-use the Content:

  1. in a way that suggests any official status or that We endorse You or Your use of the Content (including any product or application that incorporates the Content); or
  2. in a way that that may mislead others or misrepresent the Content or its source, for example you must not give the impression Your output is endorsed or produced by Us or that you are in some way connected with Us. Specifically, you must not use Our logos or any other intellectual property rights owned by Us (including Our trade marks) to endorse or promote Your products and/or services without the express prior written agreement of Us.

7.6   If You breach any of these Terms, without prejudice to Our other rights, We may terminate any applicable licences and/or block your IP address from accessing this Website and/or withdraw Your right to use this Website and any Content (or any part of it), with immediate effect. You warrant that You will immediately destroy any downloaded or printed material from this Website.

7.7   By using this Website, You undertake to fully indemnify Us (and keep Us fully indemnified) in respect of all liabilities, losses, costs, damages, expenses or other claims suffered or incurred by Us which arise from Your use of this Website or arising from Your breach of any of these terms.

Privacy, cookies and data protection

8.1   You agree to be bound by the whole terms of this clause in relation to matters relating to Your privacy, the collection of cookies arising from Your use of this Website and use of Your personal data:

  1. We are not responsible for any third party websites with links on Our website. If you choose to submit any personal information to such third party websites, the third party’s use of Your information will not be governed by these Terms. We take no responsibility and shall not be liable for third party use of Your personal information in such circumstances. You should review the privacy policy of that third party website to check how they may use or disclose Your information
  2. You should be aware that if You click on any link on this Website to another website provided by a third party, it is possible You may encounter cookies or other similar devices placed by those third parties. We do not control the use of cookies or other similar devices by third parties and are not responsible or liable for them.
  3. Cookies are small amounts of information, usually in the form of a text file, which we may store on your computer or other access device. We may access this file which acts as an easy way to identify you when you use the website. Our system may issue cookies to your computer or other access device when you log on to the website. Cookies make it easier for you to log on to and use the website during your current visit and future visits. They also allow us to monitor website traffic and to personalize the content of the website for you. Some features are only available through the use of a cookie. Allowing use of cookies may allow you to enter your password less frequently when you are using the website. You may set up your computer or other access device to reject cookies by following the instructions provided with your browser/device.
  4. Changes to online privacy laws across the EU since May 2011 require consent for the use of 'cookies' and other similar web technologies. The new legislation was introduced to help you choose whether or not to allow each website you visit to use cookies when you visit them. It is your right to choose if you give your consent or not, but you should be aware that in some cases you may not be able to use or see all the features of our website, if you do not allow the use of cookies. We have incorporated a consent tool to assist you. More information can be found at Cookipedia. For information, please see Scottish Government link to Cookie site - http://www.civicuk.com/cookie-law/index.
  5. Under the Data Protection Act 1998, You are entitled to request access to the information held about You and You are entitled to ask Us to make any necessary changes to ensure that it is accurate and kept up to date. If You wish to do this, please contact the appropriate organisation, or if You are unsure who to contact, You may contact SEPA at Contact Us which will use its reasonable endeavours to contact the relevant data controller.

Links to and from other websites

9.1  Links to third party websites on this Website are provided solely for Your convenience. If You use these links, You leave this Website. We have not reviewed these third party websites and do not control and are not responsible for these third party websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.

9.2  If You would like to link to this Website, You must first, advise Us that You wish to do so. Please contact Us stating the URL details to which You wish to link and the URL of the page on which You will be displaying the link. We may in our discretion refuse consent, or grant consent subject to conditions. These conditions may include (but need not be limited to) the following:

  1. You do not remove, distort or otherwise alter the size or appearance of Our logo or name;
  2. You do not create a frame or any other browser or border environment around the website;
  3. You do not in any way imply that We are endorsing any products or services;
  4. You do not misrepresent Your relationship with Us nor present any other false information about Us;
  5. You do not otherwise use any of Our trade marks displayed on this Website without express written permission from Us;
  6. You do not otherwise use any trade marks not owned by Us displayed on this Website without express written permission from the proprietor of those trade marks;
  7. You do not link from a website that is not owned by You; and
  8. Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person.

Service Access

10.1   While We endeavour to ensure that the Website is normally available 24 hours a day, We shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

General conditions

11.1.   If We fail to exercise or delay in exercising any right or remedy provided under these Terms or by law, that will not constitute a waiver of Our rights or remedy nor shall it prevent Us from exercising that right or remedy in whole or in part in the future.

11.2.   Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

11.3.   These Terms and the documents referred to herein are between and for the benefit of You and Us (and Our successors and assignees) and are not intended to benefit or be enforceable by anyone else.

11.4.   If any provision of these Terms (or part of a paragraph or provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions or part thereof shall remain in force.

11.5.   If any invalid, unenforceable or illegal provisions would be valid, enforceable or legal if some part of them or it were deleted, the provision shall apply with whatever modification is necessary to give effect to the original intention of these Terms.

11.6.   References to any statute or statutory provision in these Terms shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

11.7.   In these Terms, references to one gender include the other genders, and to the singular include the plural and vice versa.

11.8.   Headings will not affect the interpretation of these terms and conditions.

11.9.   These Terms shall be governed by and construed in accordance with Scots law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Scottish courts (or, where You are an individual domiciled in the UK, the courts of the part of the UK that you are domiciled in).