Terms and Conditions
Terms and Conditions
These Terms (as defined below) apply to and govern the use of the Website (as defined below).
Please ensure that you read these Terms carefully before you start to use the Website. All use of the Website is subject to these Terms and if you do not agree to be bound by these Terms when using the Website, then do not use or access the Website.
By using the Website you agree to be bound by these Terms and to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.
Definitions
“Terms" means these terms of use;
"We" or "we" or "us" or “our” means East Lothian Housing Association Limited, a Scottish charity and registered social landlord under the Housing (Scotland) Act 2001 (Scottish Charity No. SC028900) and registered under the Co-operative and Community Benefit Societies Act 2014 with registered number 2266R(S), whose registered office is at 18-20 Market Street, Haddington, East Lothian EH41 3JL;
"Website" means the whole or any part of the website controlled and/ or operated by us or one of our subsidiaries and located at www.elha.com, www.r3repairs.co.uk, www.careandrepaireastlothian.co.uk or any other website operated by one of our subsidiaries or any subsequent URL which may replace www.elha.com or a website operated by one of our subsidiaries;
"You" or "you" or "Your" or "your" means any party that visits and/ or uses the Website.
There Are Other Terms That May Apply To You
These Terms refer to the following additional terms, which also apply to your use of our Website:
- Our Privacy Policy. See further under How we may use your personal information.
- Our Cookie Policy, which sets out information about the cookies on our site.
Changes to these Terms
We may update and change our Website from time to time. Changes to these Terms will be made from time to time without prior notice by amending this page. You should check these Terms regularly and take notice of any changes we make, as they are binding on you. Any changes will take effect from the time of posting.
Your continued use of the Website will be deemed acceptance of the updated and/ or amended versions of these Terms.
Accuracy of Information and Availability of Website
We try to ensure that all the information held on the Website is factually correct, however, we make no warranties, representations or undertakings about any of the content of the Website, including, without limitation, as to accuracy, quality, completeness and or fitness for any particular purpose of such content.
We do not warrant that the Website and/or any functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or malware.
You acknowledge by your use of the Website and accordingly acceptance of these Terms that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.
From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us. We reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.
Third Party Websites
Our Website may, from time to time, contain links to and from other websites, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
If you follow a link to any of these websites, please note that these websites have their own terms and conditions and that we do not accept any responsibility or liability for these terms.
We have no control over the contents of those sites or resources.
Username and Password
It is your responsibility to keep any username and/or password or any other piece of information you are provided with as part of our security procedures confidential in order to use certain facilities and/or functions available on this Website and to refrain from disclosing such to any other party and/or allowing any other party to use such information.
If you become aware or suspect any party of making use or becoming aware of your username and/or password or any other information you have been provided with as part of our security procedures then you must change your password and notify us that your account may have been used by an unauthorised person. All activities on this Website that occur under and/or through use of your username and/or password are your responsibility.
We have the right to disable any user username and/or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use.
Content of Website
The content of the Website, including all and any copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) shall remain vested in us or our licensors. All such rights are reserved. The copying or distribution of the content of the Website for any commercial use is prohibited unless prior written consent is obtained from us. The content of the Website must not be copied or otherwise incorporated into or stored on any other website, publication or in any other form.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Privacy Policy
We will only use your personal information as set out in our Privacy Policy and our Fair Processing Notice.
Read our Fair Processing Notice
Our liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. Our liability will not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect which may arise from any reliance by any party on any content, information, materials or opinions published on our Website.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
No Text or Data Mining, Web Scraping
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our Website other than that set out above, please address your request to enquiries@elha.com.
General
If any part of these Terms are determined to be unlawful, illegal, invalid or otherwise unenforceable by reason of the laws of any territory or country in which these Terms are intended to be effective, then only to the extent and within the territory or country in which such provision is unlawful, illegal, invalid or unenforceable, such part of these Terms shall be deemed severed and deleted from these Terms and the remaining will survive and continue to be binding and enforceable to the fullest extent possible within such territory or country.
These Terms shall be governed by and interpreted in accordance with the laws of Scotland and the Scottish Courts will have exclusive jurisdiction over any disputes arising from these Terms.
Enquiries
We will make every effort to ensure that any enquiries submitted through the Website are dealt with promptly, however, we cannot guarantee that any such enquiries will be answered within your required timescale.
If an enquiry is sent through the Website to us by you on a normal working day, it will not deemed as being received by us until it is opened by us. This is usually the same day if the enquiry is sent before 4pm Monday to Friday. We close on certain bank holidays, for whole-staff training days and over the Christmas and New Year period. Details of any such closures are posted on the Website at least 7 days in advance.
If an enquiry is sent through the Website to us by you on a day the office is closed (i.e. public holidays, training days, weekends) it is not deemed as being received by us until it is opened by us and this is usually on the next working day.
If you have any concerns about material which appears on our Website, please contact enquiries@elha.com.
