Terms & Conditions
SCOTTISH FUTURES TRUST LIMITED – CONSTRUCTION PIPELINE FORECAST TOOL TERMS
These terms (the “Terms”) set out the basis of a legal agreement between you (“you”) and Scottish Futures Trust Limited (Company Number: SC348342) whose registered office is at 11-15 Thistle Street, Edinburgh, EH2 1DF (“SFT”, “we” or “us”) in relation to SFT’s Construction Pipeline Forecast Tool (the “Database”). These terms govern (i) your use of the information/documentation in the Database (the “Project Data”); and (ii) your right to upload (or to request SFT to upload) data to the Database to be included in the Project Data. You acknowledge that if you instruct SFT to upload data, SFT is doing this on your behalf, and you remain fully liable for any failure to comply with the Terms.
Please read the Terms carefully and make sure that you understand them, before uploading (or requesting SFT to upload) any documentation to the Database and/or making use of the Project Data. If you do not agree to the Terms, we will not allow you to use the Database or the Project Data and you must discontinue use of the Database and the Project Data.
By agreeing these Terms, you warrant and represent that you have the authority to upload (or request SFT to upload) the Project Data on behalf of the relevant organisation/entity.
You should print a copy of the Terms for future reference. We may amend the Terms from time to time.
1 UPLOADING DATA
1.1 When uploading (or requesting SFT to upload) data to the Database (including any subsequent updates to that data), you warrant and represent that:
1.1.1 the data is accurate and complete in all respects;
1.1.2 you have complied with any requirement to notify any other party before uploading the data;
1.1.3 you have the relevant authority, permissions and rights to upload the data (including any personal data) and to grant the licence referred to in paragraph 1.2;
1.1.4 you have the relevant authority to allow SFT to grant the licence referred to in paragraph 2.3; and
1.1.5 you will notify us immediately if you cease to have the relevant permissions referred to in paragraphs 1.1.3 and 1.1.4.
1.2 We do not claim ownership of the data that you upload to the Database. However, by accepting these Terms you grant to us, other authorised users of the Database and any external verification consultant of SFT a worldwide, royalty-free, non-exclusive, transferable, sub-licensable, licence to use, share with authorised users of the Database, distribute, reproduce, modify, adopt, analyse or verify such data for investment forecasting purposes.
1.3 You agree to notify us immediately if any of the warranties or representations set out in these Terms ceases to be correct.
1.4 You consent to being contacted by SFT or any of SFT’s verification consultants to verify that the data uploaded by you is accurate. You agree to provide all reasonable assistance to such verification consultants. Following the verification exercise, any amendments to the data as originally uploaded will be agreed with you.
1.5 If you have any doubts as to whether you have the authority to upload the data to the Database or to comply with any of the Terms, we recommend that you clarify this with the relevant owners of the data and/or within your organisation.
1.6 You have the authority to delete or amend data that you have uploaded to the Database and you agree to act reasonably at all times when making such decisions.
1.7 We reserve the right to remove any of the Project Data from the Database at any point.
2 INTELLECTUAL PROPERTY RIGHTS
2.1 The Database and Project Data are protected by database and other proprietary rights (IPR). You acknowledge that we (or our licensors) are the owner of all IPR in the Database and Project Data.
2.2 All rights in and to the Database and Project Data are reserved to and shall belong absolutely to us (or our licensors). You have no rights in, or to, the Database and Project Data other than the right to use them in accordance with these Terms.
2.3 Without prejudice to paragraph 3.4 and subject to the remainder of the Terms and any restrictions on this website, we hereby grant you a non-exclusive, royalty-free, non-transferable, revocable licence to: (i) use the Database and Project Data; and (ii) to share the Project Data with other authorised users of the Database, solely for investment forecasting purposes and for no other purpose whatsoever.
3.1 Except as expressly set out in these Terms or as permitted by any local law, you undertake:
3.1.1 not to copy the Project Data;
3.1.2 not to sub-license, sell, loan, publish, distribute, extract, re-utilise, reproduce or otherwise make available the Database or the Project Data other than in accordance with these Terms.
3.1.3 not to merge, adapt, vary or make alterations to, or modifications of, the whole or any part of the Database or Project Data;
3.1.4 not to disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Database;
3.1.5 to supervise and control use of the Project Data and ensure that the Project Data is used by your employees, representatives, agents or advisers in accordance with the Terms; and
3.1.6 not to provide, or otherwise make available, access to the Database or the Project Data in any form, in whole or in part to any person (other than your employees, representatives, agents or advisers) other than in accordance with these Terms.
3.2 You may not assign, sub-contract or sub-licence use of the Database or the Project Data to any third party without our prior written consent.
3.3 Paragraphs 2 and 3 are without prejudice to any separate rights that you may have in and to the data that you upload (or request SFT to upload) to the Database.
4 SECURITY AND DATA PROTECTION
4.1 When accessing the Database and/or uploading Project Data, you will be provided with a user identification code and password (together the “User ID”) as part of our security procedures. You must treat the User ID as confidential and this must not be disclosed to any third party.
4.2 We have the right to disable any User ID, if we believe that you have failed to comply with any of the provisions of the Terms. If you know or suspect that anyone other than you knows your User ID, you must contact us immediately.
4.3 If you become aware of any misuse of the Database and/or Project Data, or any security breach in connection with the Terms that could compromise the security or integrity of the Database and Project Data or otherwise adversely affect us, you shall, at your expense, promptly notify us and fully co-operate with us to remedy the issue as soon as reasonably practicable.
4.4 We undertake to comply with applicable UK data protection legislation including without limitation the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679 (or any replacement of it), and The Privacy and Electronic Communications (EC Directive) Regulations 2003 (“Data Protection Legislation”) when processing any personal data you provide.
4.6 You acknowledge that we (and our verification consultants) will process your personal data for the purposes of operating, verifying, and making available the Database and complying with these Terms. The lawful bases for such processing are our legitimate interests, and that it is necessary for the performance of the contract (these Terms).
5.1 The Database and the Project Data are provided “as is”. We exclude to the fullest extent permitted by applicable law all implied warranties, representations, and terms and conditions relating to the Database and the Project Data.
5.2 The Project Data is not intended to amount to advice on which you should rely, including without limitation for making any investment decisions. SFT makes no warranties or representations as to the appropriateness of the Project Data for your purposes and you must obtain professional or specialist advice before taking or refraining from taking, any action on the basis of the content of the Project Data. Nothing in these Terms, or the fact that any Project Data is uploaded or continues to be part of the Database, constitutes any warranty or guarantee that the projects concerned will proceed.
5.3 We shall not be liable to you for any costs, expenses, loss or damage (whether direct, indirect or consequential, and whether economic or other) arising from your exercise of the rights granted to the Database and the Project Data under these Terms or any reliance placed on the Database and/or the Project Data.
5.4 Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by negligence or any other liability that cannot be excluded or limited by Scots law.
6.1 We may terminate the contract (incorporating these Terms) immediately by written notice to you.
6.2 Upon termination for any reason:
6.2.1 all rights granted to you under the Terms shall cease;
6.2.2 you must cease all activities authorised by the Terms; and
6.2.3 you must destroy all copies of any Project Data in your possession.
7 OTHER IMPORTANT TERMS
7.1 SFT agrees that it shall use reasonable endeavours to consult with you in relation to any requests under the Freedom of Information (Scotland) Act 2002 or the Environmental Information (Scotland) Regulations 2004 for information contained in the Project Data that you upload to the Database.
7.2 These Terms are not intended nor shall they create any rights, entitlement, claims or benefits enforceable by any person that is not a party to them.
7.3 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
7.4 These Terms constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
7.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
7.6 Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
8 GOVERNING LAW AND JURISDICTION
All matters relative to the Terms shall be governed and construed in all respects by Scots law and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.