Terms of Use

Thank you for visiting our site www.baronyha.org.uk (the “Site").  The Site is operated by Barony Housing Association Limited (“Barony”) to provide information to existing and prospective tenants and other interested parties about our activities. Barony is a trading name of Barony Housing Association Ltd,  a registered Scottish charity (SCO16030) registered with the Scottish Housing Regulator (HEP69) and also under the Industrial & Provident Societies Acts 1965 to 1968 (1684R (S)). Barony's registered office is Canal Court, 40 Craiglockhart Avenue, Edinburgh, EH14 1LT. For more information about Barony, please click here.

Your use of the Site, whether as a guest or registered user, is regulated by these Terms of Use (the “Terms"). We process information about you in accordance with our Privacy Statement which can be viewed by clicking here.

Please read the Terms and Privacy Statement carefully before using the Site. By using the Site you are demonstrating that you accept each and all of the Terms and the Privacy Statement and agree to be bound by each and all of them.  If you do not accept any of these either in whole or in part, you should stop using the Site immediately.

Throughout the Terms, when we refer to 'we', 'us', and 'our', we are referring to Barony.  When we refer to 'you' and ‘your’ we are referring to the user or browser of the Site.

You can contact us by sending an e-mail to info@Baronyha.org.uk.

1.   Access to the Site

Access to the Site is provided on a temporary basis and we reserve the right to withdraw or amend the Site at any time without notice. We will not be liable if the Site is unavailable for any reason.

From time to time, we may at our discretion restrict access to all or to some parts of the Site to users who have registered with us. In that event, you may not access or attempt to access any restricted part of the Site unless you are so registered. If you choose (or are provided with) a user identification code, password or any other piece of information as part of our security procedures, you must treat this as confidential and must not disclose it to any third party. We have the right to, at any time, disable any account, user identification code or password (whether chosen by you or allocated by us) if in our sole opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.

We may terminate, change, suspend or discontinue any aspect of the Site at any time without giving notice. Information transmitted via this Site will pass over public telecommunications networks. We make no representation or warranty that the operation of this Site will not be interrupted or will be error free and we disclaim all liability in respect thereof.

2.   Intellectual Property

Unless otherwise stated, Barony is the owner or licensee of all intellectual property rights including but not limited to any copyright and trade marks in the Site and in the material published on it. You may print or download the content of the Site for your own personal, non-commercial use only, but all such prints and/or downloads must contain an acknowledgement of the status of Barony (or our identified contributors) as the authors of the material.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The distribution or copying of the content of the Site or any part of the Site for any commercial purpose is specifically prohibited other than with the express written consent of Barony (and where appropriate, our licensors).  A licence for commercial distribution or copying may be requested from Barony, and we may refuse or grant such licence at our sole discretion and on any terms we deem to be appropriate, including without limitation in relation to implementing charges for such use.

3. User generated content

From time to time, we may at our discretion allow you to submit material for publication on parts of the Site. We accept no liability in respect of any material submitted by users of the Site and published by us, and we are not responsible for your content or its accuracy. Such content and information represents the views of the author of each message or piece of information, and not the views of Barony. Barony does not endorse or make any representations about websites to which user postings link or any material found there. If you decide to access any third party website you do so entirely at your own risk.

If you want to submit material or post messages to the Site you may do so on the following terms and conditions:

(i) Publication of any material you submit will be at the sole discretion of Barony and Barony is entitled to make additions or deletions to any such material prior to publication, after publication or to refuse publication.

(ii) You grant Barony a non-exclusive, perpetual, royalty-free licence to republish any material you submit in any format, and you warrant to Barony that any material you submit is your own work and that you own the copyright and all relevant rights and have obtained any consents/approvals/licences required for your submission of the material and our use/modification of the material in accordance with condition (i) above.

(iii) You warrant that material you submit and our use/modification of the material in accordance with condition (i) above will not infringe any third party rights whatsoever.

(iv) You warrant that the material you submit is not obscene, offensive, defamatory or otherwise illegal.

(v) You agree not to post material that is deliberately intended to upset other users or any content which is technically harmful including but not limited to spam and viruses.

(vi)You acknowledge that any breach of these warranties may cause Barony damage or loss and agree to indemnify and hold harmless Barony in full and permanently against any third party liabilities, claims, costs, loss or damage incurred by Barony as a result of publishing any material you submit to us, including consequential loss.

We have the rights to remove objectionable content within a reasonable time frame if we determine that removal is necessary or desirable for any reason, at our discretion. We may terminate your use if you post content prohibited by this notice.

4. Liability

We have taken reasonable steps to ensure that the Site and all information provided on it is current and accurate. We cannot however guarantee:

• that material, information or data obtained from or through this Site is complete, up to date, accurate or does not constitute an infringement or any third party's intellectual property rights; or

• that material, information and data submitted via this Site will be fully secure; or

• that material, information and data obtained from or through this Site will meet your requirements; or

• that your access to or use of this Site will be uninterrupted, timely or error-free.

Barony accepts no responsibility for information contained on this Site and disclaims all liability in respect of such information. The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute or common law; and

• Any liability for any direct, indirect, consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it including: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data; (f) loss of goodwill; and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

None of the foregoing affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

5.  Hyperlinks

You may request our permission to link to the Site’s home page (www.baronyha.org.uk). We may grant or refuse such permission at our sole discretion, and in any event that such permission is granted, we reserve the right to revoke it with immediate effect.

Where we grant permission to link to the Barony home page, you must 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 any link from a website that is not operated by you.

This Site may contain hyperlinks to websites operated by third parties.  These links are suggested for information only and our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites. We have no control over the contents of those websites and accept no liability for them or for any loss or damage that may arise from your use of them. You should remember that when you link to another website, these Terms do not apply to the external linked website, although that website may have its own terms of use.

6.  Viruses and Hacking

You must not misuse our Site 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 Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack.

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 Site or due to your downloading of any material posted on it, or on any website linked to it.

7.  Alteration of Terms and Conditions

Barony reserves the right to update or modify these Terms in which case any such changes will be effective from the date of posting on the Site.  Your continued use of the Site indicates your acceptance of any changes which we may make to the Terms.

8.  Severance

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

9.  General

The Scottish courts will have exclusive jurisdiction over any claim (contractual or non-contractual) arising from, or related to, the use of the Site, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Scotland.

If any provision of these Terms is deemed to be invalid, illegal or unenforceable, you agree that reasonable endeavours shall be made to give effect to the intentions reflected in the provision, and that the other provisions of the Terms shall remain in full force and effect. In the event that we fail to exercise or enforce any right or provision of these Terms at any time this shall not constitute a waiver of such right or provision.

Barony reserves the right, at our sole discretion, to change these Terms by posting changes on the Site. Any subsequent use of the Site is deemed to amount to acceptance of those revised Terms.