WISA and Lantra

1 What you should know and understand

By using this website, you confirm you accept these terms and conditions of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy: https://wisa.scot/legal/privacy-policy

Our Cookie Policy: https://wisa.scot/legal/cookie-policy

2 Definitions

In these Terms and Conditions, unless the context otherwise states, the following expressions have the following meanings:

The terms ‘WISA,’ 'Lantra' or 'us' or 'we' refers to the owner of the website who is Lantra, a charity registered in England and Wales and company limited by guarantee, whose registered office is Lantra House, Stoneleigh Park, Warwickshire, CV8 2LG. Our company registration number is 2823181, our charity number in England and Wales is 1022991 and our Scottish charity number is SC039039.

3 Changes to WISA

3.1 We may update and change our site from time to time to reflect changes to our Users' needs and our business or charitable or educational priorities. We will try to give you reasonable notice of any major changes.

3.2 Our Site is made available free of charge. We are committed to ensuring that WISA is available at all times, however, we do not guarantee that our Site, or any content on it, will always be available or be uninterrupted.

3.3 We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

3.4 We reserve the right to permanently suspend the Site at any time. We will endeavour to inform you in advance of any such decision.

4 Our Intellectual Property Rights and License

4.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.2 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use WISA to find and link to resources.

4.3 You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.4 You hereby undertake:

4.4.1 Not to copy or otherwise attempt to acquire any part of WISA;

4.4.2 Not to disassemble, decompile or otherwise reverse engineer any aspect of WISA;

4.4.3 Not to allow or facilitate any use of our websites that would constitute a breach of these terms of use.

4.4.4 Not to embed or otherwise distribute WISA on any website, ftp server or similar file or content sharing platform; and

4.4.5 Not to conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Site or any services provided via, or in relation to, our Site (the provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

5 Links to Our App

5.1 You may link to WISA provided that:

5.1.1 You do so in a fair and legal manner.

5.1.2 You do so in a manner that does not suggests any form of association, endorsement, or approval on our part where none exists.

5.1.3 You do not use any of our logos or trademarks (or any others displayed on our websites) without our express written permission; and

5.1.4 You do so in a way that is not calculated to damage our reputation or to take unfair advantage of it.

5.2 You may not link to any page other than the homepage of our websites. ‘Deep linking’ to other parts of the site requires our express written permission.

5.3 You may not link to our website from any other website where the content of which contains material that:

5.3.1 Is sexually explicit, is obscene, deliberately offensive, hateful, or otherwise inflammatory.

5.3.2 Promotes violence, promotes, or assists in any form of unlawful activity.

5.3.3 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age.

5.3.4 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person.

5.3.5 Is calculated or is otherwise likely to deceive another person.

5.3.6 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy.

5.3.7 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this Clause 9.3).

5.3.8 Implies any form of affiliation with us where none exists.

5.3.9 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

5.3.10 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

5.4 Please note that the content criteria described above in sub-Clause 8.3 apply only to Content over which we have direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a website on which you establish a link to us to post content such as comments that violate the above criteria.

5.5 We reserve the right to withdraw linking permission without notice.

6 Links to Other Content

6.1 We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under our control. We neither assume or accept responsibility or liability for such third-party content. The provision of a link by us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

7 Acceptable Usage Policy

7.1 You may only use WISA in a manner that is lawful and that complies with the provisions of this clause. Specifically:

7.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations.

7.1.2 You must not use WISA in any way, or for any purpose, that is unlawful or fraudulent.

7.1.3 You must not use WISA to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or any data of any kind; and

7.1.4 You must not use WISA in any way, or for any purpose, that is intended to harm any person or persons in any way.

8 Problems with our Websites

8.1 If you have any questions or complaints about WISA, please email us at information@wisa.scot or by using any of the methods provided on our contact page at https://www.lantra.co.uk/

9 Disclaimers

9.1 No part of WISA or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to WISA.

9.2 We make reasonable efforts to ensure that the Content contained within WISA is complete, accurate and up to date. We do not, however, make representations, warranties, or guarantees (whether express or implied) that WISA (and the Content therein) is complete, accurate or up to date.

10 Our Liability

If you are a consumer

10.1 You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If you are a business

10.2 To the fullest extent permissible by law, we accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) our Site or the use of or reliance upon any Content (whether that Content is provided by us or whether it is User Content) included in WISA.

10.3 We will not be liable for:

10.3.1 loss of profits, sales, business, or revenue;

10.3.2 business interruption;

10.3.3 loss of anticipated savings;

10.3.4 loss of business opportunity, goodwill or reputation; or

10.3.4 lany indirect or consequential loss or damage.

Whether you are a consumer of business user

10.4 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to WISA or any Content included in WISA.

10.5 We do not guarantee that our Site will be secure or free from bugs or viruses. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of WISA, (including the downloading of any Content) or any other website or service that we may provide a link to.

10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of WISA resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.7 Nothing in these Terms and Conditions excludes or restricts our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.

11 Viruses, Malware and Security

11.1 We exercise all reasonable skill and care to ensure that WISA is secure and free from viruses and other malware. We do not, however, guarantee that WISA is secure or free from viruses or other malware and accept no liability in respect of the same.

11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via WISA.

11.4 You must not attempt to gain unauthorised access to any part of WISA, the server on which WISA is stored, or any other server, computer, or database connected to WISA.

11.5 You must not attack WISA by means of a ’denial of service’ attack, a distributed denial of service attack, or by any other means.

11.6 By breaching the provisions of sub-Clauses 14.3 to 14.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use WISA will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.

12 Communications from us

12.1 If you have an Account, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to WISA, and changes to your Account.

12.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 5 business days for us to comply with your request. During that time, you may continue to receive emails from us.

12.3 For questions or complaints about email communications from us (including, but not limited to, marketing emails), please contact us at information@wisa.scot.

13 Other Important Terms

13.1 We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without our express written permission.

13.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

13.5 No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

14 Contacting Us

14.1 To contact us, please email us at information@wisa.scot or by using any of the methods provided on our contact page at https://www.lantra.co.uk/

15 Law and Jurisdiction

15.1 These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

15.2 Any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.