1. Introduction
1.1 This Accessibility Guides website has been jointly developed by VisitEngland, in collaboration with VisitScotland.
1.2 These terms of use (“Terms”) apply to all tourism businesses in England and Scotland using this website.
1.3 By using or accessing any part of this website you:
(a) confirm that you are authorised to submit information in relation to the relevant tourism business and that you are authorised to agree to the following Terms on behalf of that business; and
(b) agree to be bound by the following Terms.
1.4 If you do not agree to be bound by these Terms please do not access or use the website.
2. Definitions
The following words and phrases have the meanings given to them below when used in these Terms.
Accessibility Guide means any accessibility guide that is produced via the Site based on the information submitted by you or on your behalf.
Site means the Accessibility Guides website on which these Terms appear.
Site Materials means all of the content which appears on the Site at any time and from time to time.
Submitted Material means all data, information, images, materials and other items that is provided or submitted by you (or on your behalf) using the Site and/or that is otherwise provided to us or to VisitScotland in connection with the Site and/or your Accessibility Guide(s).
Us, We or Our means VisitEngland (incorporated by statute as the British Tourist Authority).
VisitScotland means VisitScotland, the national tourism organisation of Scotland, being an executive non-departmental public body established under the Development of Tourism Act 1969 and having its principal office at Ocean Point 1, 94 Ocean Drive, Edinburgh EH6 6JH.
You, Your or Operator means the company, organisation, partnership, sole trader or other legal or natural person that owns or operates the tourism business in respect of which an Accessibility Guide is produced using the Site.
3. Authorised Use of the Site
We authorise you to use the Site for the purpose of completing your Accessibility Guide on condition that you comply with your obligations under these Terms. Your authorisation starts when you agree to these Terms and ends if these Terms are terminated.
4. Terms of use of the Site
4.1 The Site and Site Materials are made available to you on an “as is” basis and without any warranty or liability on the part of us or VisitScotland.
4.2 You may:
- View, copy, print out and use material from the Site for the purpose of completing and publishing your Accessibility Guide.
- Bookmark or link to any part of the Site.
4.3 We may:
- Publish and publically make available to end users your completed Accessibility Guide including any content submitted by you.
- Send you important Site related communications via email including reminder emails alerting you to review and update any content featured in your guide to ensure it is accurate and up to date
- In good faith and acting reasonably, suspend access to and/or amend or unpublish guides at any time. This may be done if we receive a complaint, for example that your guide is misleading or inaccurate.
- Without notice make such amendments to these Terms and the Site as in our sole discretion we deem necessary, including temporary or permanent suspension and/or withdrawal of access to the Site and/or to any Accessibility Guide(s).
4.4 End users:
- You acknowledge that your Accessibility Guide may feature in search results generated by end user searches.
- You further acknowledge that when you publish your Accessibility Guide, it will become publicly available for end users to view and that the functionality of the Site will allow end users to share your published Accessibility Guide with other users via social media channels and online platforms (such as Facebook, Twitter).
5. Your obligations
5.1 You will use the Site only for inputting information about your business; you may not use it for training other people or for any other commercial use or any other unauthorised use.
5.2 You will not:
- Alter, sell or distribute any part of the Site; or
- Assign or otherwise dispose of your or our rights under these Terms; or
- Contest our intellectual property rights in the Site; or
- Promote or otherwise issue any communications or press releases which suggest that your Accessibility Guide is being endorsed or verified by us; or
- Upload the Word document to your website (as you may have done previously with Access Statements).
5.3 You are solely responsible for configuring, updating and maintaining your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software.
5.4 You are responsible for completing your Accessibility Guide fairly and accurately in a way that is not misleading to end users. You acknowledge that users may rely on the information, comments and views you provide via the Accessibility Guide in good faith when making a booking or considering attending a venue and therefore you agree not to submit any content which is inaccurate, misleading or incomplete in any way. To ensure the information in your Accessibility Guide is kept up to date, you should review the content on a regular basis but in any event at least annually.
5.5 You should ensure that only the unique URL for your online Accessibility Guide is used in your communication channels. Your guide is also made available for consumers to download in an alternative Word document format. You must not upload the Word document to your website (as you may have done previously with Access Statements). This is to ensure your published guide on this Site is always the latest version, preserving the integrity of the information contained within both the online and Word formats of your guide.
6. Our obligations
6.1 We will take reasonable steps to ensure that software and data files we supply to you as part of the Site are virus free but it is your responsibility to use your own anti-virus software and systems to meet your individual needs and requirements. Your use of the Site is at your own risk.
6.2 We do not warrant that the Site will be error free, continuous or uninterrupted.
7. Disclaimer
Whilst we take all reasonable steps to ensure that the Site is accurate and up-to-date, neither we nor VisitScotland can accept any liability for any out-of-date material, errors, omissions or loss of functionality resulting in lost or corrupted data. Neither we nor VisitScotland give you any warranty or assurance regarding the Site. In particular, neither we nor VisitScotland give you any warranty or representation that your use of the Accessibility Guide will fulfil your obligations under the Equality Act 2010 or any ancillary legislation. In no event shall we or VisitScotland be liable for any loss or damages, including, without limitation, indirect or consequential loss or damage, whatsoever arising from your use of the Site and your Accessibility Guide. This does not affect claims in respect of death or personal injury caused by our or VisitScotland's negligence and does not limit or exclude any liability for our or VisitScotland's fraudulent misrepresentation.
8. Termination
8.1 These Terms will terminate if you are in material breach of any of its terms or if any non-material breach is not remedied within a period of ten days after we have given you notice of it.
8.1 On termination of these Terms you will take reasonable steps to delete the Site and any part of it from your electronic media, including your intranet and electronic storage devices. You are not required to delete the content of your Accessibility Guide which you have completed using the Site.
8.3 We may terminate these Terms and to cease to operate, publish and/or make available the Site and/or any Accessibility Guide(s) at any time and at our sole discretion.
8.4 Termination of these Terms for any reason shall not prejudice or affect our, your or VisitScotland's rights or remedies accrued to the date of termination and shall not prejudice or affect the continuation of any of the licences granted to by you to us and to VisitScotland under these Terms or any other provision of these Terms that expressly or by implication will survive such termination of these Terms.
9. Your Responsibility for Submitted Material
9.1 You represent, warrant and undertake to us and to VisitScotland that:
(a) you own all rights in and to the Submitted Material;
(b) all text contained within the Submitted Material will be written and compiled in its entirety by you, with the exception of any quoted texts or text expressly commissioned in writing by you from a third party (provided that the relevant intellectual property rights in and to the same are owned by you);
(c) the Submitted Material does not violate or infringe upon the rights of any third party (including, but not limited to, any rights of copyright, trade mark, privacy or other intellectual property rights);
(d) the Submitted Material can be utilised by us and by VisitScotland across all channels and media;
(e) the Submitted Material contains nothing defamatory, obscene or otherwise unlawful, and that it does not breach any confidence or invade the privacy of any person and is not in breach of any legislation;
(f) the Submitted Material does not breach, or risk being in breach of any UK law or other legal duty or obligation owed by you, us or VisitScotland; and
(g) all statements in the Submitted Material purporting to be factual are true and based upon reasonable research for accuracy, and that no directions or instructions, if followed accurately, will cause damage or injury to the user or to third parties.
9.2 It is your responsibility to check the accuracy of all Accessibility Guides, as the Accessibility Guides are published by us and VisitScotland without any guarantees, conditions or warranties as to accuracy on the part of us or VisitScotland (to the extent permitted by law).
10. Licence to Use the Submitted Material
10.1 You hereby grant to us and to VisitScotland (and to our and their agents, contractors, representatives and partners) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use all Submitted Material for the purposes of producing, publishing and making available the Accessibility Guides, promoting your business and promoting tourism in England or Scotland (as applicable). Unless the parties agree otherwise in writing in respect of specific Submitted Materials, this licence shall include the right for both us and VisitScotland to:
(a) use any Submitted Material in order to produce, publish and make available the Accessibility Guide(s);
(b) use any of the Submitted Material provided by you in connection with the promotion and/or provision of any other and all products and/or services provided by us, VisitScotland or our respective contractors, agents or representatives to, or in respect of, you from time to time;
(c) provide any Submitted Material to other public sector bodies in connection with relevant legal and/or regulatory requirements (including, but not limited to, in order to assist the police in missing persons' enquiries); and
(d) provide any Submitted Material to third parties selected by us and/or VisitScotland for the purposes of promoting your business and/or promoting tourism in England or Scotland (as applicable).
11. Indemnity
You shall fully indemnify and keep both us and VisitScotland indemnified from and against all costs, claims, expenses (including reasonable legal expenses), liability, losses or damage that we and/or VisitScotland may suffer or incur as a result of or in connection with:
(a) your breach of any of the provisions of clause 9 of these Terms (Your Responsibility for Submitted Material); and
(b) any claims or actions that are raised against VS by any third party in connection with the acts, omissions, negligence, default and/or breach of the Operator and/or any of its staff; and
(c) any breach by the Operator of any of the Terms.
12. Data protection and privacy policies
12.1 Any personal information which: (i), you provide; or (ii), we and/or VisitScotland collect; or (iii), you provide to us and/or VisitScotland during registration; or (vi), is included by you as part of your Accessibility Guide, will be stored and processed by us and VisitScotland in accordance with our/VisitScotland’s respective privacy policies, which can be found at: https://www.visitbritain.org/privacy-policy and https://www.visitscotland.com/policies/privacy/policy/.
13. Copyright and intellectual property in the Site
The copyright and all other intellectual property in the Site and the Site Materials are owned by us or our respective licensees unless stated otherwise. You are permitted to print and download extracts from the Site subject to the following conditions:
- Use of any documents and related graphics is for your personal use only;
- Any copies of materials saved on to disk or to any other storage medium may only be used for subsequent viewing purposes for your personal use;
- Any documents and related graphics are not to be modified or used separately in any way;
14. Third Party Rights
These Terms are entered into by us for our own benefit and for the benefit of VisitScotland. These Terms are not intended to benefit anyone other than you, us and VisitScotland and in particular no terms of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party other than VisitScotland.
15. Applicable Law
These Terms are governed by English law and you submit to the jurisdiction of the English courts.
16. Your concerns
If you have any general concerns about the Site, please contact VisitEngland on enquiries@accessibilityguides.org.
If you have any concerns about your Accessibility Guide and your business is located in England, please contact VisitEngland on enquiries@accessibilityguides.org.
If you have any concerns about your Accessibility Guide and your business is located in Scotland, please contact VisitScotland on accessible.tourism@visitscotland.com.
Thank you for visiting the Site.