Terms of Use

 

Terms of Use

The Scottish Borders Council (the “Council”) provides a service called the Consultation Hub (the “Service") and hopes that you will use it to have your say on consultations which interest you.  You can use the Service to post your ideas or opinions. The technology behind the Service and its operation is provided by Delib Limited (“Delib”).

If you believe that the content located on, or linked to the Service, is offensive or violates these Terms of Use, please contact the Council at communityengagement@scotborders.gov.uk

Please read these Terms of Use carefully before using the Service. By continuing to use this website and the Service you accept and agree to abide by these Terms of Use.

Responsibility of Service Visitors

The Council makes every effort to ensure the accuracy of the information on the Consultation Hub, but will not be held responsible for any loss, damage, harm or inconvenience arising in any way whatsoever from your use of the Service or from material made available through, or downloaded from the Service or through any websites to which the Service links or that link to the Service.

The listing of sites and links to them should not be taken as an endorsement of any kind by the Council. The Council does not accept responsibility for the contents or reliability of the linked web sites nor does it accept any liability for their accuracy or content.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Responsibility for Contributions

You are responsible for any Content which you post and are entirely responsible for any harm resulting from that Content. Content means links, audio, video, text, images, software or any other content. You should not post Content unless you hold the copyright for it or have obtained permission from the copyright holder.

By making Content available, you confirm that your contribution is your original work and does not:

• contain spam, unethical or unwanted commercial content designed to boost traffic to a third party site, or further unlawful acts (such as phishing) or mislead recipients about the source of the material (such as spoofing);
• contain pornographic or defamatory content;
• contain threats or incite violence towards individuals or entities;
• contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; or
• violate the privacy or publicity rights of any third party.

When you submit your contribution you allow the Council to use the Content in any way it may reasonably choose, worldwide and on a free of charge basis without any credit to you.

The Council retains the right to remove Content which is offensive, threatening, defamatory or which may breach copyright. The Council also has the right to terminate or deny access to and use of the Service where the Council believes that you have not complied with these Terms of Use.

You should also be aware that the posting of inappropriate Content may give rise to civil or criminal legal action against you, depending on the nature of the Content.

Use of your information

Where you are asked for personal information via the online consultation form, this information will only be used for the purpose of conducting the consultation exercise. Information will not be used for any other purpose without your permission. At all times, your information will be properly safeguarded and processed in accordance with the Data Protection Act 1998.

A summary of who has responded to each consultation and a summary of views expressed in the response to each question will be published, and full consultation responses may be published. Publication may be on this consultation micro site, elsewhere online and/or in printed form at the end of the consultation process. On individual consultations, you may be offered the option to keep your response confidential.

Information provided in response to this consultation may also be subject to publication or disclosure in accordance with the access to information regimes (these are primarily the Freedom of Information (Scotland) Act 2002 (FOISA), the Environmental Information (Scotland) Regulations 2004 (EIR) and the Data Protection Act 1998 (DPA)). Where a respondent has opted to keep their response confidential, it would only be disclosed if it becomes illegal to refuse to do so. Should you have any concerns about the use of your personal information, please contact dataprotection@scotborders.gov.uk.

Changes

The Council may revise these Terms of Use at any time by amending this page. You should check this page periodically for changes as you will be deemed to have accepted a variation if you continue to use the Service after such change has been posted. The Council may in the future also offer new services, tools, features or resources which shall be subject to these Terms of Use.

Termination

The Council may with or without notice terminate your access to all or any part of the Service at any time, with or without cause. All provisions of these Terms of Use which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Council makes no warranties of any kind in relation to the provision or availability of the Service. You understand that you download from, or otherwise access content or services through, the Service at your own discretion and risk.

Limitation of Liability

With the exception of liability for personal injury and death, the Council will not in any way be liable for any loss incurred with respect to these Terms of Use. The Council will not be liable for any failure or delay due to matters beyond its reasonable control.

General Representation and Warranty

You represent and warrant that:

• your use of the Service will be in strict accordance with the Privacy Policy, these Terms of Use and all applicable laws and regulations; and
• your use of the Service will not infringe the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Council, its contractors, officers, employees and agents from and against any and all liabilities, losses, damages, costs, claims and expenses, including legal fees, arising out of, or in connection with, your use of the Service, including but not limited to any violation by you of these Terms of Use.

Intellectual Property

These Terms of Use do not transfer to you any intellectual property rights in the Service, and all right, title and interest in and to such property will remain solely with the Council or Delib. The Scottish Borders Council trademarks/logos, Delib trademarks/logos and all other trademarks, service marks, graphics and logos used in connection with the Service, are trademarks or registered trademarks of The Scottish Borders Council and/or Delib. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Scottish Borders Council, Delib or third-party trademarks.