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Visit Findhorn

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Home > Legal & Privacy

Legal & Privacy

  • General Terms & Conditions
  • Privacy Policy
  • Cookie Policy
  • Linking Policy

This page was last updated 2 June 2016.

General Terms & Conditions

Introduction

These terms and conditions and the related policies below, together the “Terms”, govern your use of this website; by using this website, you accept these Terms in full.   If you disagree with these Terms or any part of these Terms, you must not use this website.

This website uses cookies.  By using this website and agreeing to these Terms, you consent to our use of cookies in accordance with the terms of Visit Findhorn’s cookie policy.

License to use website

Unless otherwise stated, Visit Findhorn, its licensors and organisations listed on this website own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Visit Findhorn’s express written consent.

User content

In these Terms, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Visit Findhorn a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Visit Findhorn the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Visit Findhorn or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Visit Findhorn reserves the right to edit or remove any material submitted to this website, or stored on Visit Findhorn servers, or hosted or published upon this website.

Notwithstanding Visit Findhorn rights under these Terms in relation to user content, Visit Findhorn does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  Visit Findhorn makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Visit Findhorn does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Visit Findhorn will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Visit Findhorn has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Visit Findhorn’s liability in respect of any:

  • death or personal injury caused by Visit Findhorn’s negligence;
  • fraud or fraudulent misrepresentation on the part of Visit Findhorn; or
  • matter which it would be illegal or unlawful for Visit Findhorn to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Visit Findhorn and undertake to keep Visit Findhorn indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Visit Findhorn to a third party in settlement of a claim or dispute on the advice of Visit Findhorn’s legal advisers) incurred or suffered by Visit Findhorn arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Breaches of these Terms

Without prejudice to Visit Findhorn’s other rights under these Terms, if you breach these Terms in any way, Visit Findhorn may take such action as Visit Findhorn deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Visit Findhorn may revise these Terms from time-to-time. Revised Terms will apply to the use of this website from the date of the publication of the revised Terms on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Visit Findhorn may transfer, sub-contract or otherwise deal with Visit Findhorn’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Severability

If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the policies below, constitute the entire agreement between you and Visit Findhorn in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These Terms will be governed by and construed in accordance with Scottish law, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Scotland.

Visit Findhorn’s details

Visit Findhorn is a project of Phoenix Findhorn C.I.C.

Phoenix Findhorn C.I.C. is registered in Scotland under registration number SC155512. Its registered address is The Park, Findhorn, Forres, IV36 3TZ.

You can contact Phoenix Findhorn C.I.C. via its website at www.phoenixshop.co.uk, or contact Visit Findhorn directly via this website.

Credit

This document and the policies below were created using a Contractology template available at http://www.freenetlaw.com.

Privacy Policy

Your privacy is important to Visit Findhorn. This privacy policy provides information about the personal information that Visit Findhorn collects, and the ways in which Visit Findhorn uses that personal information.

Personal information collection

Visit Findhorn may collect and use the following kinds of personal information:

  • information about your use of this website using Google Analytics;
  • information that you provide for the purpose of subscribing to the Visit Findhorn mailing list; and
  • any other information that you send to Visit Findhorn.

Using personal information

Visit Findhorn may use your personal information to:

  • administer this website;
  • personalise the website for you;
  • send you marketing communications.

Where Visit Findhorn discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Visit Findhorn may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing your data

Visit Findhorn will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Visit Findhorn will store all the personal information you provide on secure servers.

Cross-border data transfers

Information that Visit Findhorn collects may be stored and processed in and transferred between the European Union and the United States of America to enable the use of the information in accordance with this privacy policy. In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.

You agree to such cross-border transfers of personal information.

Updating this statement

Visit Findhorn may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other websites

This website contains links to other websites. Visit Findhorn is not responsible for the privacy policies or practices of any third party.

Cookie Policy

About cookies

This website uses cookies. By using this website and agreeing to this policy, you consent to the use of cookies in accordance with the terms of this policy.

Cookies are files sent by web servers to web browsers, and stored by the web browsers. The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

Google cookies

This website uses Google Analytics to analyse the use of the site. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to this website is used to create reports about the use of the website. Google will store and use this information. Google’s privacy policy is available here.

Other third party cookies

When you use this website, you may also be sent the other third party cookies.

Refusing cookies

Most browsers allow you to refuse to accept cookies. Blocking cookies will have a negative impact upon the usability of some websites.

Linking Policy

Visit Findhorn welcomes links to this website made in accordance with the terms of this linking policy. This linking policy is intended to assist you when linking to this website.

Links to this website

Links pointing to this website should not be misleading and appropriate link text should be always be used.

You must not use the Visit Findhorn logo to link to this website (or otherwise) without Visit Findhorn’s express written permission.

You must not link to this website using any inline linking technique.

You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website

This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations. Visit Findhorn has no control over the contents of third party websites, and Visit Findhorn accepts no responsibility for them or for any loss or damage that may arise from your use of them.

Removal of links

You agree that, should Visit Findhorn request the deletion of a link to our website that is within your control, you will delete the link promptly.

If you would like Visit Findhorn to remove a link to your website that is included on this website, please contact Visit Findhorn at www.visitfindhorn.uk/contact/.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.

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About Findhorn

Findhorn is a picturesque former fishing village in Moray, on the northeast coast of Scotland. A world renowned destination, located next to a nature reserve, Findhorn is known for its natural beauty and abundant wildlife. It is also a popular location for sailing and water-sports and is home of the Findhorn Foundation, an educational charity with its associated ecovillage.

Stay in touch

Sign up to our mailing list to receive occasional emails about what's going on in Findhorn.

We normally only send a few mails per year. We won't give your details to organisations listed on this site, or any other third party, and you can unsubscribe at any time by clicking on the unsubscribe link at the bottom of every email we send.

Image Credits

  • Findhorn Beach – Mark Rowatt Anderson

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