Terms of Use

Version number: 1.0
Effective date: 15 October 2024

Who we are 
We are the Wiltshire Marque, a scheme ran by Wiltshire Council as part of the Wiltshire Towns Programme. Our organisation’s information is at the end of this document. 

What this is all about
These are our terms and conditions which apply to our Service (explained below). They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear.

Some definitions
THIS SECTION TELLS YOU WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH A CAPITAL LETTER IN THIS DOCUMENT 

“Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” - all information of whatever kind (including profiles, posts, comments, articles, blogs, chat, images, photos, audio, video, listings, advertisements, messages, reviews (including ratings etc.,) displayed, stored or sent on or in connection with our Service.
“Service” – our website.
“User” - people or organisations using our Service.

Changing these terms and conditions
IN SHORT: WE CAN CHANGE THESE TERMS BUT YOU MAY HAVE CERTAIN OPTIONS IF YOU DISAGREE

We may change these terms and conditions at any time. We will give you reasonable notice before they take effect by posting them on our website and/or communicating them to you by email or otherwise.  If you don’t agree to the new terms you should stop using our Service before they take effect.

Behaviour when using our Service 
THIS SECTION SETS OUT THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE

You agree not to do any of the following in connection with our Service:

• break the law or infringe anyone else’s rights;
• send, store, display or link to unlawful, infringing or otherwise inappropriate Content;
• victimise or harass other people;
• use offensive, obscene, abusive, discriminatory or other inappropriate language or images; 
• deceive or mislead anyone;
• send, store, display or link to any Content that includes someone else’s personal information unless that person is 18 years or over and you have obtained their written consent or you are otherwise legally allowed to do so (e.g., as parent/guardian);
• impersonate anyone;
• use our Service to help you compete with us or to infringe our rights;
• disrupt our Service, e.g., spam, viruses or phishing;
• interfere with or damage our Service or gain unauthorised access to any part of our system, data, passwords or otherwise; 
• intercept or modify communications;
• impose an unreasonable load on our Service;
• get around any security features including those designed to stop copying of Content; or
• attempt, encourage or assist any of the above.

Other peoples’ advertising
IN SHORT: WE AREN’T RESPONSIBLE FOR ADVERTISING ETC BY OTHER PEOPLE ON OUR SERVICE

We may display other peoples’ advertising and/or links to their websites (“Ads”). Before acting on such Ads, you must make your own appropriate and careful enquiries including as to their accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Ad or in connection with any consequent communications or transactions with third parties. 

If you respond to any Ad, please note that any resulting transaction is between you and the advertiser concerned. Please direct any queries or complaints to the advertiser.

Our guidance
IN SHORT: YOU RELY ON ANY GENERAL GUIDANCE BY US AT YOUR OWN RISK

If we ourselves provide any general guidance or other similar information on or via our Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice and is not tailored to your personal circumstances. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such information at your own risk.

If our Service doesn’t work properly
IN SHORT: WE DON’T PROMISE THAT OUR SERVICE WILL BE ERROR-FREE

We do not guarantee that the Service will be uninterrupted or error-free. 

We are entitled without notice and without liability to suspend the Service for repair, maintenance, improvement or other technical reason. For any planned maintenance we will try to provide reasonable notice. 

Restrictions on our legal responsibility – very important
THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our officers, employees and agents, who have the right to enforce this agreement.

If you are a Consumer, subject to the above we shall not be liable for any loss or damage where:

• there is no breach of a legal duty owed to you by us;
• such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract); 
• (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
• such loss or damage relates to a business of yours.

If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement or misuse of our Service.

The following clauses apply only if you are not a Consumer:

• To the fullest extent allowed by law, you and we exclude all terms, conditions, warranties and representations howsoever arising, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. 
• Subject to the first paragraph in this section (“Nothing in this agreement…”), we shall under no circumstances whatever be liable under or in connection with this agreement, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for any:
• loss of profit; loss of data; loss of use; loss of production; loss of contract; loss of opportunity; loss of savings; or harm to reputation or loss of goodwill; or
• indirect, consequential or special losses. 
• You agree to indemnify us against all claims and liabilities arising out of or in connection with your use of the Service and/or breach of this agreement (except insofar as we are at fault).
• This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. 

Intellectual property rights (IP)
THIS SECTION CONFIRMS THAT WE AND OUR PARTNERS OWN THE COPYRIGHT AND OTHER IP RIGHTS IN THE CONTENT OF OUR SITE AND EXPLAINS HOW WE ALLOW YOU TO USE THE CONTENT

We and/or our partners/advertisers own the IP in all Content used on or in connection with our Service. Let’s call this “our Content”.

You may view our Content on your device for your private personal, non-commercial, and (if you are a business) your internal business, use only. Except to the extent that these terms or the functionality of our Service (e.g., sharing buttons) specifically allow you to, you must not otherwise use any part of our Content including by copying, publishing (on the Internet or otherwise), selling or altering it, taking extracts from it or passing any of it on to other people, unless we give you clear written permission.  You must not misrepresent the ownership or source of our Content, for example by changing or removing any legal notices or author attributions.

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to our Content without our specific prior written consent. 

Your personal information
IN SHORT: OUR PRIVACY POLICY APPLIES

You agree that we can deal with your personal information in accordance with our Privacy Policy which may change from time to time. 

Things we can’t control
IN SHORT: WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures and epidemics/pandemics.

Transferring this contract to someone else
IN SHORT: WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law and courts   
IN SHORT: ENGLISH LAW APPLIES AND ONLY UK COURTS CAN ADJUDICATE ON DISPUTES 

This contract is under English law and any disputes will be decided only by the courts of the United Kingdom.  If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

General 
HERE ARE SOME FINAL BUT IMPORTANT POINTS THAT APPLY 

We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement makes any party an agent, employee or representative of the other.

Complaints
If you have any complaints, please contact us via the contact details shown below. 

Information about us
Organisation name: Wiltshire Council
Trading name: Wiltshire Marque
Contact address: Old Fire Station Enterprise Centre, 2 Salt Lane, Salisbury SP1 1DU
Contact email address: hello@wiltshiremarque.co.uk
Other contact information: See our contact page