1 Terms and Conditions of Website Use

1.1 This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the website made available and operated at www.sri2.net (“Our Site”).

1.2 Please read these terms and conditions of use carefully before you start to use Our Site.

1.3 By using Our Site, you accept these terms and conditions of use and agree to abide by them. If you do not agree to these terms and conditions of use, please refrain from using Our Site.

2 Information about us

2.1 Our Site is made available and operated by Scottish Recovery Network of Suite 320-321, Baltic Chambers, 50 Wellington Street, Glasgow, G2 6HJ (“We”, “Our”, “Us”) and by third parties acting on our behalf.

2.2 We are a trading entity of Penumbra, a company limited by guarantee registered in Scotland under company number SC149774 whose registered office is at Norton Park, 57 Albion Road, Edinburgh, EH7 5QY. Penumbra is regulated by the Office of the Scottish Charity Regulator with Scottish Charity Number SC010387.

3 Access

3.1 Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services (“Services”) and the material (“Material”) made available upon or through it without notice.

3.2 We reserve the right to restrict at our sole discretion access to some parts or all of Our Site to by persons seeking to access Our Site.

3.3 You are responsible for making all arrangements necessary for you to have access to Our Site.

3.4 You are also responsible for ensuring that all persons who access Our Site through any facilities provided by you or over which you have control are aware of these terms and conditions, and that they comply with them.

4 Availability and operation

4.1 We shall use reasonable endeavours to ensure that Our Site and any Services or Material are available and operate properly at all times, however We make no warranties in respect of the availability or operation of Our Site or any Services or Material.

4.2 We may suspend the availability or operation of Our Site or any Services or Material on a temporary or indefinite basis as We may in our sole discretion determine.

4.3 All warranties as regards the availability or operation of Our Site and any Services or Material, in so far as they may be excluded and other than as explicitly specified hereunder, are excluded. We exclude all liability for any damages, loss, costs, expenses or other liability relating to or arising out of the availability or operation of Our Site and any Services or Material.

5 Linking to our site

5.1 You may link, or may procure that a third party acting on your behalf links, to the home page of Our Site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.

5.2 You must not establish nor procure that any third party establishes a link to Our Site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by Us without our explicit prior written consent.

5.3 You must not establish nor procure that any third party establishes a link from any website that is not owned by you.

5.4 You must not establish nor procure that any third party establishes a link to any page upon Our Site other than our home page.

5.5 You must not frame nor procure that any third party frames Our Site on any other website.

5.6 You must not stream or aggregate content from Our Site within another website nor procure that any third party undertakes such activities.

5.7 We reserve the right to withdraw Our permission to link to Our Site without notice and for whatever reason as we may in Our sole discretion determine.

6 Links from our site

6.1 Where Our Site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only.

6.2 The provision by Us of a link to a Third Party Site does not represent any endorsement or recommendation by Us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site. We have no control over the contents of Third Party Sites.

6.3 We exclude all liability for any damages, loss, costs, expenses or other liability arising out of any use of or interaction with Third Party Sites.

7 Viruses, hacking and other offences

7.1 You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

7.2 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.

7.3 You must not attack our site 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.

7.4 If you breach this clause We have the right to 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.

7.5 We exclude all liability for any damages, loss, costs, expenses or other liability arising out of or relating to any distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to use of or access to Our Site, any Services or Material, or the use of or interaction with any Third Party Site.

8 Reliance

8.1 The Services and the Material are provided without any guarantees, conditions or warranties as to their accuracy or fitness for any particular purpose notwithstanding that we may be aware of such a purpose.

8.2 The Services and Material are general in nature and are not intended to amount to advice on which reliance should be placed.

8.3 You undertake not to rely upon the Services or Material.

8.4 You undertake not to provide any information concerning any Services or Material to any third party with a view to that third party relying upon such information.

8.5 If you or any third party to whom you provide any information concerning any Services or Material requires advice concerning any matter addressed within the Services or Material or any information concerning any Services or Material you undertake to seek this advice from an independent professional experienced and practising in the relevant field, and to advise any such third party to do the same.

8.6 We exclude all liability for any damages, loss, costs, expenses or other liability incurred relating to or arising out of use made or reliance placed upon any Services or Material or information concerning any Services or Material.

9 Passwords

9.1 If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to Our Site or any Services or Material, you must treat such information as confidential, and you must not disclose it to any third party.

9.2 We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to Our Site or any Services or Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of use.

10 Intellectual property rights

10.1 We are the owner or the licensee of rights (including all intellectual property rights) in Our Site, the Services and the Material. We reserve all such rights.

10.2 Other than as explicitly specified hereunder nothing contained in these terms and conditions of use should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use Our Site, any Services or Material without our permission.

10.3 You may print off one copy any Material from Our Site for your personal study, research or internal business purposes.

10.4 You may copy and distribute to third parties in an electronic or paper format extracts of Material generally and publicly made available upon Our Site without a requirement to register with Our Site but only in so far as may be necessary to draw the attention of such third parties to the availability of Services or Material upon Our Site.

10.5 You must not use, modify, adapt, create derivative works based upon, extract elements from or reorganise any Materials or any copies thereof other than as expressly stated hereunder. In particular and without limitation you must not use any data, research, video or graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Material must always be acknowledged. Such acknowledgement must include the address of Our Site.

11 Material you submit to Our Site

You grant to us a non-exclusive, royalty free, irrevocable, perpetual licence without any form of territorial limitation to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise and material submitted by you to Our Site or utilising any Service made available upon Our Site.

12 Our Software

12.1 This clause refers to the Scottish Recovery Indicator tool made available at www.sri2.net (the “Software”).

12.2 In consideration of your agreeing to abide by these terms and conditions We hereby grant to you a non-exclusive, non-transferable licence to use the Software on the terms and conditions provided hereunder.

12.3 You may use the Software for your internal business purposes only.

12.4 Except as expressly set out in these terms and conditions or as permitted by any local law, you undertake:

12.4.1 not to copy the Software except where such copying is incidental to normal use of the Software;

12.4.2 not to sub-license, translate, merge, adapt, vary or modify the Software;

12.4.3 not to make alterations to, or modifications of, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs or website;

12.4.4 not to disassemble, decompile, reverse engineer or create derivative works based on the whole, or any part, of the Software nor attempt to do any such things except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Software with another software program (and provided that the information obtained by you during such activities is used only for the purpose of achieving inter-operability of the Software with another software program, is not unnecessarily disclosed or communicated to any third party without Our prior written consent and is not used to create any software which is substantially similar to the Software); and

12.4.5 to supervise and control use of the Software and ensure that your employees and representatives and all persons who access the Software through any facilities provided by you or over which you have control use the Software in accordance with these terms and conditions.

12.5 You must permit Us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your premises at which the Software or is being used, to the computer equipment located there, and to any records kept pursuant to these terms and conditions of website use, for the purpose of ensuring that you are complying with these terms and conditions of website use.

12.6 You acknowledge that all intellectual property rights in the Software throughout the world belong to Us, that rights to use the Software are licensed (not transferred) to you, and that you have no rights in, or to, the Software other than the right to use them in accordance with these terms and conditions.

12.7 You acknowledge that you have no right to have access to the Software in source code form or in unlocked coding or with comments.

12.8 You must not attempt in any way to remove or circumvent any technical protection measures applied to the Software to prevent unauthorised use, copying or misappropriation of the intellectual property rights relating thereto, nor to apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.

12.9 You acknowledge that the Software has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Software meet your requirements.

12.10 You acknowledge that the Software may not be free of errors or bugs and you agree that the existence of any errors or bugs shall not constitute a breach of these terms and conditions.

13 Exclusions

13.1 The terms of our Privacy and Cookie Policy shall form part of the terms and conditions.

13.2 These terms and conditions and Our Privacy and Cookie Policy set out the full extent of Our obligations and liabilities in respect of Our Site. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding upon Us except as specifically stated in these terms and conditions and Our Privacy and Cookie Policy. In so far as is possible we exclude all conditions, warranties and other terms which might otherwise be implied by statute or common law other than those expressly stated hereunder.

13.3 Where we exclude liability under these terms and conditions, such exclusion shall include liability for any direct, indirect or consequential loss, damage, expense, costs, delays or other liability whatsoever, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, failure of transmission, communication, computer or other facilities, failure, error or delay in the sending of any notice, communication or instruction via any medium whatsoever, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.

13.4 The exclusions of liability hereunder do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

14 Group companies

The exclusions of liability expressed hereunder in so far as they apply to Us shall apply to any members of our group of companies and any third parties connected to Us.

15 Transfer

15.1 These terms and conditions are binding on you and on your successors and assigns.

15.2 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising hereunder, without our prior written consent. 15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising hereunder at any time.

16 Breach

If you breach any of these terms and conditions of use, all of your rights hereunder including your right to use Our Site and the Services and Materials made available upon it will cease immediately and you must, at our option, return or destroy any copies of any Materials you have made.

17 Variation

17.1 We may change the Services or Material at any time.

17.2 Any Material may be out of date at any given time, and we are under no obligation to update any Material.

17.3 We reserve the right to change these terms and conditions at any time by amending this page or the page containing Our Privacy and Cookie Policy. Any such change in these terms and conditions or Our Privacy and Cookie Policy will be effective once reflected in the text of these terms and conditions or Our Privacy and Cookie Policy (as appropriate) as published on Our Site. You undertake to check this page and the page containing Our Privacy and Cookie Policy from time to time to take notice of any changes we have made, as they are binding on you.

17.4 Some of the provisions contained in these terms and conditions and Our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on Our Site.

18 Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

19 Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20 Jurisdiction and applicable law

The interpretation, construction, effect and enforceability of these terms and conditions of use are governed by Scots law, and you agree to submit to the exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.