Terms and conditions
These terms and conditions (the “Terms”) are an agreement between The Boleskine House Foundation SCIO (“The Boleskine House Foundation”, “us”, “we”, “our” or “the charity”) and you (“User”, “Buyer,” “Purchaser,” Client,” “you” or “your”). These Terms set forth the general terms and conditions of your use of the boleskinehouse.org website and any of its products or services, including our merchandise, services and events, membership or “friends” programme and our online store (collectively, “Website” or “Services”). These terms and conditions also apply to any of the products and services purchased on premises of Boleskine House, General Wade’s Military Road, Inverness, IV2 6XT (“the Property,” “Site”).
You acknowledge that you have read these Terms and agree to their terms and conditions. By using the Website or its Services or visiting the Site you agree to be bound by these Terms. If you do not agree to abide by these Terms, you are not authorized to use or access the Website and its Services and may be asked to vacate the Property if applicable.
User accounts and membership
If you create an account as a Friend of Boleskine House, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account and terminate your membership (in which case we will refund your monthly
fee or annual fee pro rata to the period of unused membership outstanding) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Sales of all products and services and purchases through the Website or on Site, are final. We do not provide refunds after the Services are given or goods are shipped, which you acknowledge prior to purchasing any Service on Site or on the Website. Refund requests will be taken in writing only within 30 days of the initial purchase and will be considered on a case-by-case basis. Please make sure that you’ve carefully read any product description before making a purchase.
Ticketed Services and Events and access to the site of Boleskine House
When you purchase a ticket or are otherwise permitted to enter the site of Boleskine House or any of its surrounding parts, you agree to the terms and conditions set out below.
At no time is entry to the site of Boleskine House or any of its surrounding parts permitted without our written prior consent.
All visitors to Boleskine House are expected to comply with current government advice, guidelines and/or restrictions with regard to Covid-19, including observance of social-distancing measures, and traveling to the site only when such travel is not restricted under current government restrictions.
All visitors are in agreement with our “House Rules” policy, and we reserve the right to refuse access at any point during a site visit.
All visitors are in agreement that entering the Boleskine House estate is entirely at their own risk. and are aware that at this time the site of Boleskine House is in a ruinous condition which may involve safety risks and hazards. You are fully aware of such risks and hazards and have voluntarily elected to enter the estate. You assume all responsibility for you entering the site, including any risk of loss, damage or injury, and you waive, release and hold us as well as our affiliates, trustees, members, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees that may be suffered by you or any of your property in connection with you entering the site. For safety reasons, you agree not to go within 3 meters of scaffolding or enter into the structure of the house proper and its immediate surroundings unless express consent by the site manager has been given.
At this time, minors under the age of 18 years of age must be accompanied by an adult and a member of staff must be present at all times during any visit to the Site.
You may be asked to sign a document confirming your understanding of these rules before being allowed access to the site.
Once purchased, tickets for any service or event cannot be exchanged, refunded or returned.
We reserve the right, at our absolute discretion, to refuse entry or admission or to remove any visitor from the site of Boleskine House.
We accept no responsibility for any personal property.
Photography is allowed for non-commercial private use only.
Any recording or production of media for commercial purposes or with the intention of being made publicly accessible must have prior written consent by the charity and have been given approval following the Media Production Request application process. You understand that approval for any production on the Site may come with its own terms and conditions, including fees, royalties or other remuneration for your production. We reserve the right to take legal action towards any person in violation of these terms and conditions or any others we agree henceforth with the Client.
As a condition of being granted access to the site, visitors consent to being photographed, filmed or sound recorded for use on TV, websites, social media, DVD, webcast, promotional materials, or other public mediums, as part of the audience, or by security CCTV.
Sponsorship and Remittance Offers
At times we will initiate campaigns to raise money for the charity, such as sponsorship programmes or remittance offers. These programmes and offers refer to donations made to the charity that is attached to a promotional offer of a product or service by us. At times, some of these offers are for remittance at a later date (i.e., hosting of accommodation or an engraved artefact with a donor’s name).
You agree that in some instances, such later remittances (i.e., proposed dates for accommodation or a limited supply product) are subject to inventory and staffing availability at the time such products or services are requested, and that time scales for remittance can extend longer than
anticipated. We will however strive to satisfy the conditions of our offer to you in an efficient and timely manner.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
We are not responsible for Content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to other websites
Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, The Boleskine House Foundation may receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.
In addition to other terms as set forth in these Terms, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws,
or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others (which would include taking any material from the “members area” and putting it into the public domain without our prior written consent); (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual property rights
These Terms do not transfer to you any intellectual property owned by The Boleskine House Foundation or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with The Boleskine House Foundation. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of The Boleskine House Foundation or The Boleskine House Foundation licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any The Boleskine House Foundation or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Website or Services and entry to the Site is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will The Boleskine House Foundation, its affiliates, trustees, members, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if The Boleskine House Foundation has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of The Boleskine House Foundation and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one pound or any amounts actually paid in cash by you to The Boleskine House Foundation for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold The Boleskine House Foundation and its affiliates, trustees, members, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against
any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of these Terms and any disputes arising out of it shall be governed by the substantive and procedural laws of England without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the English courts.
Changes and amendments
We reserve the right to modify these Terms or its policies relating to the Services provided on the Website or on the Property at any time, effective upon posting of an updated version of these Terms on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may send an email to [email protected]
This document was last updated 28 May 2022.