Terms and Conditions of Use

BoCreate cannot be liable for any damages, costs or losses arising from your failure to comply with these requirements.

Please read these Terms & Conditions carefully, before using the Website. By accessing any part of the Website you shall be deemed to have accepted these Terms & Conditions in their entirety, regardless of whether or not you have applied for or hold a BoCreate Account.

1. Background

  1. This website (“the Website”) is operated by BoCreate Limited a company incorporated in Scotland with registered number SC605965 and having its registered office at Bayes Centre, 47 Potterrow, Edinburgh, EH8 9BT
  2. These Terms & Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Website, www.bocreate.co.uk Please read these Terms & Conditions carefully and in full to ensure that you understand them.
  3. Your agreement to comply with and be bound by these Terms & Conditions is deemed to occur upon your first use of the Website. You will be required to read and accept these Terms & Conditions when you first login to the Website. BoCreate may revise these Terms & Conditions by posting an update on the Website and your continued use of the Website constitutes your acceptance of the new Terms & Conditions. If you do not agree to comply with and be bound by these Terms & Conditions of use, you must stop using the Website immediately and you may not subscribe to the Online Service.
  4. As a commercial and business service the Website is not intended for use by minors.

2. Definitions and Interpretation

To ensure that the meaning of these Terms & Conditions is clear, we have listed below some of the words which we use which have specific meanings:

Us, We and Our
BoCreate Limited a company incorporated in Scotland with registered number SC605965 and having its registered office at Bayes Centre, 47 Potterrow, Edinburgh, EH8 9BT

You
You, the person who accesses and uses this Website and/or the Online Service.

BoCreate Account
An online account which is made available for sale and provides access to the Online Service.

The Online Service
The business information and networking services provided by us via the password protected section of the Website.

Materials
Access via license to use the Online Service.

3. Creating and accessing a BoCreate Account

How to apply
In order to access and use the Online Service on the Website, a BoCreate Account must first be created. You can only apply for a BoCreate Account online or directly by email lesley@bocreate.co.uk, by phone or in person.

Formation of a contract
If we accept your application for the creation of a BoCreate Account, we will confirm this by email and at that point a legally binding contract will be created between you and us. The contract will be concluded in the English language and the provisions of these Terms & Conditions shall govern the agreement.

Errors in your profile information
When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date. If you made any mistakes in the details you gave to us when applying for a BoCreate Account; these errors can be corrected by accessing the Online Service and editing the sections on the relevant page.

Refusal to create an account
We reserve the right, at our discretion, not to accept your application to create a BoCreate Account. This may be

  • due to technical constraints;
  • because you (or any business associated with you) has been banned by us from using the Online Service; or
  • because we don’t consider you to be part of or closely related to the Scotland residential development industry or we are otherwise unable to verify your status;
  • other circumstances at our discretion.

4. Your rights

We grant you a non-transferable, non-exclusive license to use the Online Service in accordance with these Terms & Conditions.

Conditions

The above licence is strictly subject to your compliance with these Terms & Conditions.

Requirements for use / Acceptable Use Policy (AUP)

You must:

  1. only access the BoCreate Account which has been allocated to you; and
  2. only use the Online Service for legitimate business purposes connected with the Scotland residential development industry (including associated social activities);
  3. not transmit, or re-circulate any Materials to any third party (unless specifically authorised to do so, in writing, by BoCreate).

You may:

  1. display Materials electronically on a single computer, or mobile device to one person at any one time;
  2. print one copy of the Materials where permission is granted (and not further copy them).
  3. quote brief excerpts from reports provided BoCreate Limited is credited and you refer back to the original source.

User Generated Content and Prohibited Material

You are prohibited from submitting any material via the Online Service which is or which links to or refers to any material which:

  • is threatening, abusive, malicious, defamatory, obscene, indecent, pornographic or otherwise sexually explicit, blasphemous, profane, intended or likely to incite racial or religious hatred, or is otherwise objectionable or offensive in any way in terms of standards prevailing from time to time in the United Kingdom;
  • relates to gambling;
  • is unlawful or which encourages the commission of a criminal offence;
  • contains a virus, worm, trojan or other hostile computer program; or infringes any intellectual property rights or data protection rights of any third party (including, without limitation, using the Online Service to send unsolicited e-mails for the purposes of direct marketing, or uploading documents belonging to your employer without authorisation).

We reserve the right, at our sole discretion, to publish or not to publish any material you submit using the Online Service, to amend any such material or to remove it following publication.

Other things you must not do

You must not:

  1. do anything which could reasonably be expected to damage, disable, overburden, or materially impair the Online Service or our Website generally or which is likely to interfere with any other party’s use or enjoyment of the Online Service;
  2. use the Online Service for the purpose of accessing any content which you should reasonably suspect you are not authorised to access;
  3. question or dispute our ownership of the intellectual property rights in the Online Service and the Website; nor
  4. use the Online Service if you are one of our competitors (or if you plan to become one) or otherwise for the purpose of conducting any benchmarking or comparison with any comparable or competing service;
  5. not create a database (electronic or otherwise) that includes BoCreate Materials.

Security

You are ultimately responsible for administering and safeguarding any passwords created to control access to your BoCreate Account. In the first instance a user name and password will be sent to you to access the Online Service. However, we strongly recommend at your first log in you set a new password. Sharing of passwords and user names is in breach of these Terms & Conditions and may result in the suspension of your account. All passwords are encrypted on our site.

5. Who owns what


Rights in information you submit

Transmitting materials using the Online Service does not transfer ownership of the copyright and other intellectual property rights in those materials to us. However, by transmitting any materials using the Online Service, you irrevocably license us to share these materials with authorised users of the Online Service and with law enforcement officials in the investigation of fraud or other alleged unlawful activities.

Rights in the Website

All copyright, database rights, trade marks and other intellectual property rights in the Online Service and in the Website generally are either owned by or licensed to us and nothing in these Terms & Conditions shall transfer any ownership rights to you.

Links to other websites

Links to third party websites accessible either through the Website or Online Service are provided solely for your convenience. If you use these links, you leave the Website. BoCreate has not reviewed these third party websites and you accept that we have no control over the content or availability of that website. In addition, it does not mean that BoCreate endorses or accepts any responsibility for that website or its content.

6. Closing and suspending your BoCreate Account

Closure by you

You can close a BoCreate Account allocated to you at any time by sending an email to lesley@bocreate.co.uk. There are no refunds. Your membership will expire at the end of your payment term.

Suspension while breach is investigated

If we reasonably believe that your BoCreate Account is being used in any way which is not permitted by these Terms & Conditions, we reserve the right to suspend your access to the Online Service immediately and until the issue has been resolved to our reasonable satisfaction.

Closure on breach

If you (or if other personnel you are associated with) fail to abide by these Terms & Conditions, we reserve the right to permanently cancel your BoCreate Account.

Closure by us without cause

We also reserve the right to close your BoCreate Account for any reason, by giving 24 hours’ notice. Also, if your BoCreate Account is not used for a continuous period of six months, we reserve the right to close it without notice.

7. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

8. Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of the Online Service. It also requires you to compensate us for any loss we suffer as a result of your failure to comply with these Terms & Conditions.

No guarantees

You acknowledge that the Online Service is provided “as is”, and whilst BoCreate endeavours to ensure that information on the Website or via email is accurate and complete, it is not intended to address your particular requirements and does not constitute any form of advice or recommendation by BoCreate. We make no guarantee that the Online Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access the Online Service.

BoCreate will endeavour to make the service available 24 hours a day, however, it will not be liable if for any reason the Website is unavailable at any time or for any period. We will try to keep disruptions to a minimum but BoCreate may suspend the Online Service temporarily to carry out maintenance and support work or for any other reasonable cause.

BoCreate will use all reasonable endeavours to ensure that the Website or our related materials do not contain or promulgate any viruses or other malicious code.

The information on the Website is not intended to constitute professional advice, it is provided for general information only. We will endeavour to ensure that the information provided by the Online Service is accurate and complete but some information is supplied or accessed via third parties and its accuracy will not have been checked directly by BoCreate.

Exclusion of our liability

You use the Online Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with the Online Service (even if we have been advised of their possibility.)

Expressly excluded loss and damage

For the avoidance of doubt, the above exclusion of our liability extends to (but is not limited to) loss or damage due to:

  • errors or omissions from information, materials or functions in or of the Online Service;
  • business interruption resulting from the use or inaccessibility of the Online Service;
  • collaboration with any third party as a result of using the Online Service (we will not in any way be construed as a party to such collaboration, nor shall we be liable in any way for the dealings you may have with that third party);
  • information provided by other users of the Online Service which you rely on or otherwise make use of;
  • information provided to other users of the Online Service which such users misuse in any way;
  • viruses, worms, trojans or other hostile computer programs that may infect your computer equipment, software, data or other property on account of your use of the Online Service;
  • computer failure resulting for any reason from the use of the Online Service; or
  • breach of any conditions implied by law (including without limitation any conditions of accuracy, security, completeness, satisfactory quality, fitness for purpose, non-infringement of proprietary rights outside the United Kingdom and the use of reasonable care and skill) which but for these Terms of Use might have effect in relation to the Online Service.

Limitation of our liability

Any warranties which cannot be excluded are, where permitted, limited in duration to 90 days from the date your BoCreate Account was created.

Liability to us

You shall personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms & Conditions by you.

General legal matters

Entire agreement

These Terms & Conditions and our Privacy Policy describe the entire agreement between you and us regarding the Online Service, and supersede any prior understandings or agreements. The headings are for convenience only and shall not affect the construction or interpretation of these Terms & Conditions.

Changes to this contract

We reserve the right to change these Terms & Conditions from time to time and therefore we may impose new or different terms and conditions on your use of the Online Service. These additional terms will be posted on the Website and will be effective immediately they were posted. Your continued use of the Online Service will be deemed to constitute acceptance by you of all of the new terms. These Terms & Conditions may not otherwise be changed without our written consent.

Transfer of rights & obligations

We shall be entitled to transfer our rights and/or obligations under these Terms & Conditions to another party. You may not transfer any of your rights or obligations under these Terms & Conditions without our written consent.

Waiver and severability

If either you or we ignore any breach of these Terms & Conditions, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

Moderation of interactive areas

The interactive sections of our website are self-regulatory facilities which are not monitored regularly by us. Certain users of the Online Service are appointed to help moderate use of the Online Service by deleting content where they deem appropriate.

Reporting misuse

If you have any complaint regarding activities of other users of the Online Service, you should, in the first instance, refer the matter to us by emailing lesley@bocreate.co.uk. We will endeavour to deal with such complaints expeditiously and where necessary, refer the matter to the appropriate law enforcement agency, where the dispute is of a criminal or otherwise illegal nature.

Resolving disputes

These Terms & Conditions shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to the Online Service, it must do so in the courts of Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access the Online Service.

For further information please contact Lesley Gavin lesley@bocreate.co.uk

These Terms & Conditions were last updated on 27th January 2023

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