1. Introduction
These terms and conditions will apply to your access and use of our booking system at booking.nationalgalleries.org. By using our booking system, you accept that you will be bound to the terms and conditions of use in full. If you do not agree to any of these terms and conditions, you must not access and/or use our booking system. If you have any questions about these terms and conditions, you can contact us using the details set out below.
1.1 The National Galleries of Scotland operates booking.nationalgalleries.org. Our principal place of business is at 75 Belford Road, Edinburgh, EH4 3DR. If you have any questions you may contact us.
1.2 The National Galleries of Scotland may change these terms from time to time so we recommend that you should check them regularly. We will always state at the bottom of these terms the date on which they were last updated and/or amended. Your continued use of booking.nationalgalleries.org will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this system.
2. Licence to use booking.nationalgalleries.org
2.1 You agree to use booking.nationalgalleries.org only for lawful purposes and in a considerate and responsible way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of booking.nationalgalleries.org. Prohibited behaviour includes:
- using the system for any purpose that is against the law
- harassing or causing distress or inconvenience to any person
- using the system in any way that cause interruption or damage to the online services or renders them impaired or less efficient
- using the system in any way that could cause damage or disruption to another user’s computer
- collecting data about other users
- transmitting or sending unsolicited commercial communications such as junk mail or spam
3. Acceptable Use
3.1 You shall not breach or attempt to breach the security of this system or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.
3.2 You agree not to use this system in any way that may cause the system or access to the system to be interrupted, damaged or impaired.
3.3 When dealing with this system you must not use a false email address, impersonate any other person or entity, or mislead the website and its users as to the origin of any electronic communications or content.
3.4 Unauthorised use of this system may give rise to a claim for damages and / or be a criminal offence.
4. Minimum age/parental consent
4.1 Until you are 18 years old, by using our online services, you certify that your parents have or legal guardian has consented to your use and agree to these terms on your behalf. Parental discretion is advised and we recommend that you review these terms with your parents/guardian before using our system. We may require your parents or legal guardian to provide a written acknowledgement of these terms on your behalf before we provide you with part or all of our online services.
5. Intellectual property
5.1 All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on booking.nationalgalleries.org and all content (including all applications) located on the site shall remain vested in the National Galleries of Scotland or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use nationalgalleres.org content in any way except for your own personal, non-commercial use. In certain prescribed circumstances, you may adapt, alter or create a derivative work from any booking.nationalgalleries.org content for your own personal, non-commercial use, with the prior written permission of the National Galleries of Scotland which will be indicated against the relevant booking.nationalgalleries.org content.
5.2 The names, images and logos identifying the National Galleries of Scotland or third parties and their products and services are subject to copyright, design rights and trade marks of the National Galleries of Scotland and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of the National Galleries of Scotland or any other third party.
6. Your booking system account
6.1 If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
The National Galleries of Scotland reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple National Galleries of Scotland accounts, or if a non UK based user pretends to be a UK user, or disrupts any of our services in any way.
7. Privacy and data protection
7.1 The National Galleries of Scotland processes all personal data it holds in accordance with all applicable data protection legislation, including the General Data Protection Regulation and the Data Protection Act 2018. The personal details we collect from you or about you will only be used for specified purposes as indicated to you, and will only be passed to third parties acting on our behalf under contract, with your consent or if obliged to by law.
7.2 As a user of the system you will need to set up and maintain an account in the system. You are solely responsible for keeping your passwords confidential and secure at all times. You should notify us immediately if you become aware of any unauthorised access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.
7.3 For full details of how we use information collected about you through the system, and what rights you have in relation to that information, please see our privacy notice.
8. Cookies use
This page sets out the information collected about you through the use of the booking system.
Information collected
When you use this system you may be asked to provide personal information which will allow you to access a particular service. This will happen when you:
a) register (registration is optional)
c) fill in a webform to submit a booking
d) fill in a webform to receive e-newsletters
Use of cookies
Cookies are files that store information on your hard drive or browser which means the booking system can recognise that you have visited the system before. Cookies store your preferences thereby making the system easier to use. If you prefer not to receive cookies, you can adjust your browser to refuse cookies or to warn you of when cookies are being used. Disabling cookies will result in the website working less efficiently.
9. Disclaimers and limitation of liability
9.1 The National Galleries of Scotland content, including the information, names, images, pictures, logos and icons regarding or relating to the National Galleries of Scotland, its products and services (or to third party products and services), is provided “as is’ and on an ‘as available’ basis. To the extent permitted by law, the National Galleries of Scotland excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The National Galleries of Scotland does not guarantee the completeness or performance of the system or any of the content. While we try to ensure that all content provided by the National Galleries of Scotland is correct at the time of publication no responsibility is accepted by or on behalf of the National Galleries of Scotland for any errors, omissions or inaccurate content in the system.
9.2 Nothing in these terms limits or excludes the National Galleries of Scotland's liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, the National Galleries of Scotland shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of booking.nationalgalleries.org regardless of the form of action.
9.3 The National Galleries of Scotland does not warrant that functions available on booking.nationalgalleries.org will be uninterrupted or error free, that defects will be corrected, or that booking.nationalgalleries.org or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
10. Invalidity
10.1 If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
10.2 If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.
11. Governing Law and Jurisdiction
11.1 The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with Scottish law and the Scottish courts shall have jurisdiction to resolve any disputes between us.
11.2 Any claim or cause of action against the National Galleries of Scotland arising out of or related to use of this System, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.