Terms and Conditions

Terms of Business Membership

Terms of Business Membership

AGREED TERMS

Your attention is particularly drawn to the provisions of clause 11 (Limitation of liability).

  1. About us
    • Company details. Heart 200 Scot Limited (company number SC582060) (Heart 200, we and us) is a company registered in Scotland and our registered office is at Fortingall Hotel, Fortingall, Aberfeldy, United Kingdom, PH15 2NQ. Our VAT number is [awaiting confirmation of number]. We operate the website https://heart200.scot/ (our site).
    • About us.Our main activity is promoting tourism to the Heart of Scotland for the benefit of our Heart 200 business members (members).
    • Contacting us. To contact us via telephone, call our customer service team at: 01887 830 860 or e-mail: info@heart200.scot. How to give us formal notice of any matter under the Contract is set out in clause 2.
  2. Membership
    • Our contract. These terms and conditions (Terms) apply in relation to your Heart 200 business membership and the supply of services by us to you as a business member (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
    • Entire agreement. The Contract, together with our other policies and/or notices referred to in these Terms forms the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • Your copy. You should print a copy of these Terms or save them to your computer for future reference.
    • Type of membership. Heart 200 offers several levels of membership, each with different benefits and associated charges. Please see: https://heart200.scot/membership/ for more information. You can choose your membership level when you register.
    • Term of the Contract. Membership runs from March 1st each year until February 28/29th in the following year. Members will be sent membership renewal notices in August each year. If you choose not to renew your membership in any given year your membership will automatically terminate.
    • Business members only. Heart 200 membership is only available to businesses such as sole traders, partnerships and limited companies. If you are a consumer you cannot register to be a member. Where we reasonably believe that a member is a consumer, we reserve our right to terminate the Contract with no liability to such consumer member.
  3. Becoming a member
    • Registration. Please follow the onscreen prompts at our site to register as a member. You may only register as a member using the method set out on our site. You must have authority to bind your business to these Terms.
    • Correcting input errors. Our registration process allows you to check and amend any errors before submitting your details to us. Please check all online forms before submission. You are responsible for ensuring that your details are complete and accurate.
    • Accepting your registration. Our acceptance of your registration as a member takes place when we send you an email to you to accept it (Registration Confirmation), at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to your membership of Heart 200.
    • If we cannot accept your registration. If we are unable to register you as a member for any reason, we will inform you of this by email and we will not process your registration.
    • Your profile. As part of the registration process you will be prompted to create your profile. You may log in to our site and amend your profile at any time. You must comply with our Acceptable Use Policy with regard to any material you upload to our site.
  4. Cancelling your membership
    • You may cancel the Contract if you notify us as set out in clause 2.
    • To cancel the Contract, you can email us at:info@heart200.scot or contact our Customer Services team by telephone on: 01887 830 860 or by post to: Heart 200, Fortingall Hotel, Fortingall, Aberfeldy, PH15 2NQ. If you are emailing us or writing to us, please include details of your membership to help us to identify it. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
    • Where you cancel the Contract part way through the membership year referred to at clause 2.5 we shall retain any sums you have paid to us for membership services up to the date of cancellation. Please see clause 8.2 with regard to how we will refund you where you are entitled to a refund.
  5. Our services

We will provide membership services in accordance with the membership level you have chosen. Please see: https://heart200.scot/membership/ for more information.

  1. Your obligations
    • It is your responsibility to ensure that:
      • the terms of your registration are complete and accurate;
      • you co-operate with us in all matters relating to your membership;
      • you keep your member account details safe in accordance with Our Website Terms
      • you provide us with such information and materials we may reasonably require in order to supply our membership services, and ensure that such information is complete and accurate in all material respects (please see Acceptable Use Policy with regard to materials you upload to our site); and
      • you comply with all applicable laws, including health and safety laws.
    • If our ability to perform the membership services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
      • we will be entitled to suspend performance of the membership services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the membership services, in each case to the extent Your Default prevents or delays performance of the membership services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 13(Termination);
      • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the membership services; and
      • it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
  1. Charges
    • In consideration of us providing Heart 200 membership you must pay our charges (Charges) in accordance with this clause 7. Payment for membership of Heart 200 is in advance.
    • The Charges depend on the membership level you apply for, and are set out at: https://heart200.scot/membership/. The Charges are for the full membership year referred to at clause 2.5 above. You will pay the applicable Charges on registration for membership.
    • We reserve the right to increase the Charges on an annual basis with effect from the 1st  March each year in line with the percentage increase in the Retail Prices Index in the preceding 12-month period.
    • Our Charges are exclusive of VAT. Where VAT is payable in respect of membership of Heart 200 you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
    • Where you register as a member after the 1st March in any membership year referred to at clause 2.5, you will pay the applicable Charges pro-rata depending on the date you register as a member.
    • You may change your membership level to a more expensive level at any time by contacting us at: info@heart200.scot. We will let you know the Charges due to be paid to us (and any administrative costs) to switch level. If you wish to move to a less expensive membership then you must wait until we send you a renewal notice in accordance with clause 2.5.
  2. How to pay and refunds
    • You can pay to register as a member using a debit card or credit card. We accept the following cards: Visa, Mastercard, American Express and Apple Pay.
    • Where you cancel the Contract in accordance with clause 4 part way through the membership year referred to at clause 5, we will refund the charges pro-rata for the relevant membership year from the date of cancellation. Any refund will be made to the debit or credit card you used to pay the Charges (unless you tell us otherwise in writing).
  1. Intellectual property rights
    • All intellectual property rights in or arising out of or in connection with the services we provide to our members (other than intellectual property rights in any materials provided by you) will be owned by us.
    • We agree to grant you a fully paid-up, non-exclusive, royalty-free, non-transferable licence to use our Heart 200 logo on your website, social media channels and business-related marketing materials for the term of the Contract.
    • You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and display on our site and business related literature any materials provided by you to us for the term of the Contract for the purpose of providing the membership services to you.
    • We each agree not to use the other party's business name or logo in a manner which might cause reputational damage to the other party. We will each comply with any reasonable request from the other party regarding how we display the other party's business name or logo.
    • You warrant that:
      • you are the legal owner of all the material you provide to us in relation to your membership; and
      • that our use of the material you provide to us (including your logo) will not infringe the rights of any third party.
    • You shall indemnify us in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with the receipt and use of any material you provide us with.
    • You must comply with our Acceptable Use Policy with respect to any materials and/or information you upload to our site.
    • Please see our Website Terms of Use with regard to intellectual property rights in our site.
    • As a member we encourage you to provide links to our site from your website and social media channels. Our Website Terms of Use sets out rules with regard to linking to our site.
  2. How we may use your personal information
    • We will use any personal information you provide to us to:
      • provide our membership services;
      • process your payment for the Charges; and
      • provide you with news and information relating to Heart 200, but you may stop receiving these at any time by contacting us.
    • Further details of how we will process personal information are set out in our Privacy Policy at: https://heart200.scot/privacy-policy/.
  3. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
    • Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • death or personal injury caused by negligence;and
      • fraud or fraudulent misrepresentation.
    • Subject to clause 1, we will not be liable to you, whether in contract, negligence, for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of anticipated savings;
      • loss of use or corruption of software, data or information;
      • loss of or damage to goodwill; and
      • any indirect or consequential loss.
    • Subject to clause 1, our total aggregate liability to you arising under or in connection with the Contract, whether in contract, negligence, breach of statutory duty, or otherwise, will be limited to an amount equal to the total Charges paid under the Contract.
    • Nothing in these Terms limits or affects the exclusions and limitations set out in our Website Terms of Use or Acceptable Use Policy.
    • This clause 11 will survive termination of the Contract.
  4. Confidentiality
    • We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • We each may disclose the other's confidential information:
      • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 12; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under the Contract.
  5. Termination
    • Without limiting any of our other rights, we may suspend your membership, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
    • All licences granted under clause 9 will end on termination of the Contract, and we each agree that neither of us will have the right to use the business name, logo or any other materials belonging to the other party following termination of the Contract.
  6. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
    • You may cancel the Contract when affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us in accordance with clause 4. If you opt to cancel we will refund the Charges pro-rata in accordance with clause 2.
  7. Non-solicitation

You must not attempt to procure services that are competitive with any of our membership services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that you are a member of Heart 200 and for a period of six months following termination of the Contract.

  1. Communications between us
    • When we refer to "in writing" in these Terms, this includes email.
    • Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
    • A notice or other communication is deemed to have been received:
      • if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
      • if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
  2. General
    • Assignment and transfer.
      • We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you by posting on our website if this happens.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

Governing law and jurisdiction. The Contract is governed by Scots law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Scottish courts.

Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

What's in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Nothing in these terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

Who we are and how to contact us

https://heart200.scot/ is a site operated by Heart 200 Scot Limited ("We"). We are registered in Scotland under company number SC582060 and have our registered office at Fortingall Hotel, Fortingall, Aberfeldy, United Kingdom, PH15 2NQ. Our VAT number is [awaiting confirmation of number].

To contact us, please email: info@heart200.scot or telephone our customer service line on: 01887 830 860.

By using our site you accept these terms:

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our Privacy Notice https://heart200.scot/privacy-policy/ and Website Terms of Use also apply to your use of our site.If you are a business member of Heart 200, our terms of business membership will also apply to you.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site except in accordance with these terms.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Third-party reviews
  • Messages for business members

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all material which you contribute to our site ("Contribution"), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

We will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Scotland and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be in contempt of court.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from Heart 200 Scot Limited, if this is not the case.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country's laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in the English or Welsh courts (as applicable).

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website https://heart200.scot/ (our site).

Who we are and how to contact us:

https://heart200.scot/ is a site operated by Heart 200 Scot Limited ("We"). We are registered in Scotland under company number SC582060 and have our registered office at Fortingall Hotel, Fortingall, Aberfeldy, United Kingdom, PH15 2NQ. Our VAT number is 328 5343 95.

 We are a limited company.

To contact us, please email: info@heart200.scot or telephone our customer service line on: 01887 830 860.

By using our site, you accept these terms:

By using our site, 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, you must not use our site.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you:

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy https://heart200.scot/privacy-policy/. See further under How we may use your personal information.
  • Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

If you are a business member, our business member terms will also apply with respect to your use of our site.

We may make changes to these terms:

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 3rd July 2019.

We may make changes to our site:

We may update and change our site from time-to-time to reflect changes to our services, our users' needs and our business priorities.

We may suspend or withdraw our site:

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. 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.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe:

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: info@heart200.scot or 01887 830 860.

How you may use material on our site:

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.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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 or registering as a business member.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site:

Our site provides information regarding third parties that is not created or endorsed by us. Provision of third-party information does not constitute a recommendation from us for you to take or omit to take any action.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We will not be held liable for any damage or loss you may sustain at any location you visit as a consequence of using our site. You will need to make your own independent judgement about whether to visit such location.

We are not responsible for websites we link to:

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you as a business member, which will be set out in our business member terms.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. 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.

How we may use your personal information:

We will only use your personal information as set out in our Privacy Policy at: https://heart200.scot/privacy-policy/.

Uploading content to our site:

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available on our site. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload:

When you upload or post content to our site, you grant us a non-exclusive, royalty-free, non-transferable licence to use such content on our site.

We are not responsible for viruses and you must not introduce them:

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We 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 our site will cease immediately.

Rules about linking to our site:

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy Acceptable Use Policy.

If you wish to link to or make any use of content on our site, other than that set out above, please contact info@heart200.scot.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scots law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England or Wales, you may also bring proceedings in the English or Welsh courts.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

Our trade marks are registered:

Heart 200 is an unregistered trade mark of Heart 200 Scot Limited. You are not permitted to use this trade mark without our approval, unless it is part of material you are using as permitted under How you may use material on our site.

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