1. Introduction

1.1    These terms and conditions govern your use of SynergyExplorers.org.

1.2    By using our website, registering with it, submitting any material or using any of its services, you accept these terms and conditions in full. You also agree to our Cookie Policy, our Medical Information Disclaimer, and our Privacy Policy. Accordingly, if you disagree with any of these items or any part of them, you must not use SynergyExplorers.org.

1.3    If you register with our website, submit any material to our website or use any of our website services, we may ask that you expressly agree to these terms and conditions and/or Guidelines.

1.4    You must be at least 18 years of age to use SynergyExplorers.org; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5    SynergyExplorers.org uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. Credit

2.1    This document was created using a template from SEQ Legal.

3. Copyright notice

3.1    Copyright (c) 2020 Synergy Explorers

3.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in SynergyExplorers.org and the material on SynergyExplorers.org; and

(b)    all the copyright and other intellectual property rights in SynergyExplorers.org and the material on the SynergyExplorers.org website are reserved.

4. Licence to use SynergyExplorers.org

4.1    You may:

(a)    view pages from SynergyExplorers.org in a web browser;

(b)    download pages from SynergyExplorers.org for caching in a web browser;

(c)    print pages from SynergyExplorers.org;

(d)    stream audio and video files from SynergyExplorers.org; and

(e)    use SynergyExplorers.org services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2    Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from SynergyExplorers.org or save any such material to your computer.

4.3    You may only use SynergyExplorers.org for your own personal and business purposes, and you must not use SynergyExplorers.org for any other purposes.

4.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on SynergyExplorers.org.

4.5    Unless you own or control the relevant rights in the material, you must not do any of the following without explicit written permission from Synergy Explorers:

(a)    republish material from SynergyExplorers.org (including republication on another website);

(b)    sell, rent or sub-license material from our website; or

(c)    exploit material from our website for a commercial purpose.

4.6    To promote discussion and communication about Synergy, provided you do not breech any copyright, for non-commercial purposes you are welcome to:

(a)    show any material from our website in public; and

(b)    redistribute material from our website.

4.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

5. Acceptable use

5.1    You must not:

(a)    use SynergyExplorers.org in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use SynergyExplorers.org in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use SynergyExplorers.org to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to SynergyExplorers.org without our express written consent;

(e)    access or otherwise interact with SynergyExplorers.org using any robot, spider or other automated means;

(f)    violate the directives set out in the robots.txt file for SynergyExplorers.org; or

(g)    use data collected from SynergyExplorers.org for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3    You must ensure that all the information you supply to us through SynergyExplorers.org, or in relation to SynergyExplorers.org, is true, accurate, current, complete and non-misleading.

6. Registration and accounts

6.1    You must not allow any other person to use your account to access SynergyExplorers.org.

6.2    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3    You must not use any other person’s account to access SynergyExplorers.org, unless you have that person’s express permission to do so.

7. User login details

7.1    If you register for an account with our website, you are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1    SynergyExplorers.org may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time at our sole discretion without notice or explanation.

8.2    You may cancel your account on SynergyExplorers.org, and if you need help, please contact us.

Your content: licence

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in relation to SynergyExplorers.org and any successor website.

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on SynergyExplorers.org. Please contact us if you need help.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by SynergyExplorers.org in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, offer instructions for the commission of a crime, or promote criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)    be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence;

(m)   be pornographic;

(n)    knowingly be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory

(r)    violate SynergyExplorers.org Guidelines for Forum; or

(s)    cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1  Synergy Explorers do not warrant or represent:

(a)    the completeness or accuracy of the information published on SynergyExplorers.org;

(b)    that the material on SynergyExplorers.org is up to date; or

(c)    that SynergyExplorers.org or any service on the website will remain available.

11.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing SynergyExplorers.org, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing SynergyExplorers.org.

11.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, SynergyExplorers.org and its use.

12. Limitations and exclusions of liability

12.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

12.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)    are subject to Section 12.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3  To the extent that SynergyExplorers.org and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers, charity trustees or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers, charity trustees and employees).

13. Breaches of these terms and conditions

13.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings (or not);

(b)    temporarily suspend your access to SynergyExplorers.org;

(c)    permanently prohibit you from accessing SynergyExplorers.org;

(d)    block your IP address from accessing SynergyExplorers.org;

(e)    commence legal action against you, whether for breach of contract or otherwise; and/or

(f)    suspend or delete your account on SynergyExplorers.org.

13.2  Should SynergyExplorers.org suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. Variation

14.1  We may revise these terms and conditions from time to time.

14.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

14.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on SynergyExplorers.org, and you must stop using the website.

15. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1  Subject to Section 12.1, these terms and conditions, together with our other policies and guidelines, shall constitute the entire agreement between you and us in relation to your use of SynergyExplorers.org and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with the law of Scotland.

19.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Scotland.

20. Our details

20.1  Synergy Explorers is a registered charity in Scotland (SC049660). It is subject to the authority of the Office of the Scottish Charity Regulator, which can be found at https://www.oscr.org.uk/.

20.2 You can contact us:

(a)    by post, at 5 Rose Street, Edinburgh, EH2 2PR, United Kingdom;

(b)    or email, at contact@synergyexplorers.org.