Terms & Conditions

Terms & Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.ourdunbar.com.  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

 

 

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“System” means any online communications facility that We make available on Our Site either now or in the future.  This may include, but is not limited to, contact forms, email, and live chat; and
“We/Us/Our” meansThe Dunbar Trades Association, an unincorporated community organisation.

 

 

  1. Information About Us
    1. This Site, www.ourdunbar.com, is owned and operated byThe Dunbar Trades’ Association, an unincorporated community organisation.

      Registered address: ℅ The Dunmuir Hotel, 11 Newhouse Terrace, Queens Road, Dunbar EH42 1LG

  2. Access to Our Site
    1. Access to our site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access our site.
    3. Access to our site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our site (or any part of it) at any time and without notice.  We will not be liable to you in any way if our site (or any part of it) is unavailable at any time and for any period.

 

  1. Intellectual Property Rights
    1. All Content included on our site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clause[s]3 [and 4.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from our site unless given express written permission to do so by us.
    3. You may:
      1. Access, view and use our site in a web browser (including any web browsing capability built into other types of software or app);
      2. Download our site (or any part of it) for caching;
      3. Print pages from our site;
      4. Download extracts from pages on our site; and
      5. Save pages from our site for later and/or offline viewing.
    4. Our status as the owner and author of the Content on our site (or that of identified licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content saved or downloaded from our site for commercial purposes without first obtaining a licence from us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of our site for general information purposes whether by business users or consumers.
    6. Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

  1. Links to Our Site
    1. You may link to our site provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on our part where none exists;
      3. You do not use any logos or trade marks displayed on our site without our express written permission; and
      4. You do not do so in a way that is calculated to damage our reputation or to take unfair advantage of it.
    2. You may link to any page of our site.
    3. Framing or embedding of our site on other websites is not permitted without our express written permission. Please contact us at jo@jowaddell.com for further information.
    4. You may not link to our site from any other site the content of which contains material that:
      1. is sexually explicit;
      2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
      3. promotes violence;
      4. promotes or assists in any form of unlawful activity;
      5. 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;
      6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      7. is calculated or is otherwise likely to deceive another person;
      8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      9. 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 sub-Clause 5.4);
      10. implies any form of affiliation with Us where none exists;
      11. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      12. 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. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

 

  1. Links to Other Sites

Links to other sites are included on our site.  Unless expressly stated, these sites are not under our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on our site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

 

  1. Use of Our System
    1. You may contact us at any time but please note the following; you must not:
      1. communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
      2. submit information that promotes violence;
      3. submit information that promotes or assists in any form of unlawful activity;
      4. submit information that 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. submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
      6. submit information that is calculated or is otherwise likely to deceive;
      7. submit information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
      8. misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
      9. imply any form of affiliation with Us where none exists;
      10. infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
      11. submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    2. We may monitor any and all communications made using our system.
    3. Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
    4. Any personal information sent to us, whether through our system or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in Clause 13.

 

  1. Disclaimers
    1. Nothing on our site constitutes advice on which you should rely. It is provided for general information purposes only.  [Professional or specialist advice should always be sought before taking any action relating to attractions listed on the site.]
    2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that our site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. We make reasonable efforts to ensure that the Content on our site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    4. No part of our site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through our site and the details of services provided on our site are provided for general information purposes only.
    5. We make reasonable efforts to ensure that any and all pricing information shown on our site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time.  All pricing information is reviewed and updated twice yearly.
    6. Whilst every reasonable effort has been made to ensure that all representations and descriptions of services available from us correspond to the actual services available, minor variations or errors may occur. In the event of any discrepancy, please email and we will ensure the information on our site is changed.

 

  1. Our Liability
    1. To the fullest extent permissible by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, 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 included on our site.
    2. To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to our site or any Content included on our site.
    3. Our site is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. We exercise all reasonable skill and care to ensure that our site is free from viruses and other malware. 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 or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our site (including the downloading of any Content from it) or any other site referred to on our site.
    5. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our site 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.
    6. Nothing in these Terms and Conditions excludes or restricts our liability for 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. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

  1. Viruses, Malware and Security
    1. We exercise all reasonable skill and care to ensure that our site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our site.
    4. You must not attempt to gain unauthorised access to any part of our site, the server on which our site is stored, or any other server, computer, or database connected to our site.
    5. You must not attack our site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 10.3 to 10.5 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 our site will cease immediately in the event of such a breach.

 

  1. Acceptable Use Policy
    1. You may only use our site in a manner that is lawful. Specifically:
      1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
      2. you must not use our site in any way, or for any purpose, that is unlawful or fraudulent;
      3. you must not use our site 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 data of any kind; and
      4. you must not use our site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
      1. suspend, whether temporarily or permanently, your right to access our site;
      2. issue you with a written warning;
      3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. take further legal action against you as appropriate;
      5. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
      6. any other actions which we deem reasonably appropriate (and lawful).
    3. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.

 

  1. Privacy and Cookies

Use of our site is also governed by Our Cookie and Privacy Policies.  These policies are incorporated into these Terms and Conditions by this reference.

 

  1. Data Protection
    1. All personal information that we may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and our obligations under that Act.
    2. We may use your personal information to reply to any communications you send to us;
    3. We will not pass on your personal information to any third parties.

 

  1. Communications from us
    1. If we have your contact details, 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 and changes to these Terms and Conditions.
    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 7 business days for your new preferences to take effect.
    3. For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at hello@ourdunbar.com.
  2. Changes to these Terms and Conditions
    1. We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you upon your first use of our site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Contacting Us

To contact us, please email us at hello@ourdunbar.com.

 

  1. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, 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 Scotland.

COOKIE COMPLIANCE

 

BACKGROUND:

 

This website www.ourdunbar.com (“Our Site”) uses Cookies and similar technologies in order to distinguish you from other users. By using Cookies, I am able to provide you with a better experience and to improve Our Site by better understanding how you use it. Please read this Cookie Policy carefully and ensure that you understand it. Your acceptance of My Cookie Policy is deemed to occur if you continue using My Site OR when you press the “accept” button on My Cookie pop-up OR when you have selected your preferred Cookie options in My Cookie pop-up and pressed the “continue”. If you do not agree to My Cookie Policy, please stop using My Site immediately.

 

 

  1. Definitions and Interpretation
    1. In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

 

“Cookie” means a small file placed on your computer or device by our site when you visit certain parts of our site and/or when you use certain features of our site;
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 [and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)];
“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by [the Data Protection Act 1998] OR [EU Regulation 2016/679 General Data Protection Regulation (“GDPR”)]; and
My/I means the Dunbar Trades’ Association, an unincorporated community organisation.Registered address: ℅ The Dunmuir Hotel, 11 Newhouse Terrace, Queens Road, Dunbar EH42 1LG

 

 

  1. Information About Us
    1. Our site is owned and operated by the Dunbar Trades’ Association, an unincorporated community organisation.Registered address: ℅ The Dunmuir Hotel, 11 Newhouse Terrace, Queens Road, Dunbar EH42 1LG
    2. Our Data Protection Officer is Joanne Waddell, and can be contacted by email at hello@ourdunbar.com, by telephone on 07789 432275, or by post at The Dolphin Inn, Queens Road, Dunbar EH42 1LQ.

 

  1. How Does Our Site Use Cookies?
    1. Our site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience of our site and to provide and improve our services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
    2. By using our site, you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than us.
    3. All Cookies used by and on our site are used in accordance with current Cookie Law. We may use some or all of the following types of Cookie:
      1. Strictly Necessary Cookies

A Cookie falls into this category if it is essential to the operation of our site, supporting functions such as logging in, your shopping basket, and payment transactions.

  1. Analytics Cookies

It is important for us to understand how you use our site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics Cookies enable us to gather this information, helping us to improve our site and your experience of it.

  1. Functionality Cookies

Functionality Cookies enable us to provide additional functions to you on our site such as personalisation and remembering your saved preferences. Some functionality Cookies may also be strictly necessary Cookies, but not all necessarily fall into that category.

  1. Targeting Cookies

It is important for us to know when and how often you visit our site, and which parts of it you have used (including which pages you have visited and which links you have visited). As with analytics Cookies, this information helps us to better understand you and, in turn, to make our site more relevant to your interests.

  1. Persistent Cookies

Any of the above types of Cookie may be a persistent Cookie. Persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit our site.

  1. Session Cookies

Any of the above types of Cookie may be a session Cookie. Session Cookies are temporary and only remain on your computer or device from the point at which you visit our site until you close your browser. Session Cookies are deleted when you close your browser.

  1. Cookies on our site are not permanent and will expire
  2. For more details of the personal data that we collect and use, the measures we have in place to protect personal data, your legal rights, and our legal obligations, please refer to our Privacy Policy
  3. For more specific details of the Cookies that I use, please refer to the table below.

 

  1. What Cookies Does Our Site Use?

Our site uses analytics services provided by Google analytics. Website analytics refers to a set of tools used to collect and analyse anonymous usage information, enabling us to better understand how our site is used. This, in turn, enables us to improve our site and the services offered through it. You do not have to allow us to use these Cookies, however whilst us use of them does not pose any risk to your privacy or your safe use of our site, it does enable us to continually improve our site, making it a better and more useful experience for you.

 

 

  1. Consent and Control
    1. Before Cookies are placed on your computer or device, you will be shown a prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies [unless those Cookies are strictly necessary]; however certain features of our site may not function fully or as intended. [You will be given the opportunity to allow and/or deny different categories of Cookie that I use.] [You can return to your Cookie preferences to review and/or change them at any time]
    2. In addition to the controls that we provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all Cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
    3. The links below provide instructions on how to control Cookies in all mainstream browsers:
      1. Google Chrome: https://support.google.com/chrome/answer/95647?hl=en-GB
      2. Microsoft Internet Explorer: https://support.microsoft.com/en-us/kb/278835
      3. Microsoft Edge: https://support.microsoft.com/en-gb/products/microsoft-edge (Please note that there are no specific instructions at this time, but Microsoft support will be able to assist)
      4. Safari (macOS): https://support.apple.com/kb/PH21411?viewlocale=en_GB&locale=en_GB
      5. Safari (iOS): https://support.apcom/en-gb/HT201265
      6. Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-Cookies-website-preferences
      7. Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en (Please refer to your device’s documentation for manufacturers’ own browsers)

 

  1. Changes to this Cookie Policy
    1. We may alter this Cookie Policy at any time. If we do so, details of the changes will be highlighted at the top of this page.  Any such changes will become binding on you on your first use of our site after the changes have been made.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

  1. Further Information
    1. If you would like to know more about how we use Cookies, please contact us at hello@ourdunbar.com, by telephone on 07789 432275, or by post at The Dunbar Trades’ Association, c/o The Dunmuir Hotel, 11 Newhouse Terrace, Queens Road, Dunbar EH42 1LG
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