Terms of Use

Terms and Conditions

These Terms (as defined below) apply to and govern the use of the Website (as defined below).

Please ensure that you read these Terms carefully before you start to use the Website. All use of the Website is subject to these Terms and if you do not agree to be bound by these Terms when using the Website, then do not use or access the Website.

By using the Website you agree to be bound by these Terms and to use the Website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.

Definitions

“Act” means the Data Protection Act 1998.

“Terms" means these terms of use;

"We" or "we" or "us" or “our” means East Lothian Housing Association Limited, a Scottish charity and registered social landlord under the Housing (Scotland) Act 2001 (Scottish Charity No. SC028900) and registered under the Industrial and Provident Societies Act 1965 with registered number 2266R(S), whose registered office is at 18-20 Market Street, Haddington, East Lothian EH41 3JL;

"Website" means the whole or any part of the website controlled and/ or operated by us or one of our subsidiaries and located at www.elha.com, www.r3repairs.co.uk, www.careandrepaireastlothian.co.uk or any other website operated by one of our subsidiaries or any subsequent URL which may replace www.elha.com or a website operated by one of our subsidiaries;

"You" or "you" or "Your" or "your" means any party that visits and/ or uses the Website.

Accuracy of Information and Availability of Website

We try to ensure that all the information held on the Website is factually correct, however, we make no warranties, representations or undertakings about any of the content of the Website, including, without limitation, as to accuracy, quality, completeness and or fitness for any particular purpose of such content.

We do not warrant that the Website and/or any functions available on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or malware.

You acknowledge by your use of the Website and accordingly acceptance of these Terms that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements.

From time to time, we may restrict access to some parts of our Website, or our entire site, to users who have registered with us. We reserve the right to withdraw or amend the service we provide on our Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, and that they comply with them.

Third Party Websites

Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites have their own terms and conditions and that we do not accept any responsibility or liability for these terms. Please check these terms before you submit any personal data to these websites.

Username and Password

It is your responsibility to keep any username and/or password in order to use certain facilities and/or functions available on this Website confidential and to refrain from disclosing such to any other party and/or allowing any other party to use such username and/or password. If you become aware of any party making use or becoming aware of your username and/or password you must change your password and notify us that your account may have been used by an unauthorised person. All activities on this Website that occur under and/or through use of your username and/or password are your responsibility.

We have the right to disable any user username and/or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of use.

Content of Website

The content of the Website, including all and any copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) shall remain vested in us or our licensors. The copying or distribution of the content of the Website for any commercial use is prohibited unless prior written consent is obtained from us. The content of the Website must not be copied or otherwise incorporated into or stored on any other website, publication or in any other form.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Privacy statement

We are committed to complying fully with all applicable UK Data Protection legislation in place from time to time.

For the purpose of the Data Protection Act 1998 the data controller is East Lothian Housing Association Limited of 18-20 Market Street, Haddington, East Lothian EH41 3JL except where you report a repair through the “report a repair” feature of our website. In such circumstances, R3 Repairs Limited, a company incorporated in Scotland under the Companies Acts (Company Number SC361210) and having its registered office at 18-20 Market Street, Haddington, East Lothian EH41 3JL, being a wholly owned subsidiary company of East Lothian Housing Association, shall be the data controller. Notwithstanding this the same terms as set out in this Privacy statement shall apply.

·         Information we may collect from you

We may collect and process the following data about you:

·         Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, using our on-line services or requesting further services. We may also ask you for information when you report a problem with our Website, provide feedback or request assistance;

·         Details of applications or tenders you make through our Website;

·         If you contact us, we may keep a record of that correspondence;

·         We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

·         Details of transactions you carry out through our Website and any repairs you report;

·         Details of your visits to our Website;

·         [Insert any other information you collect].

·         IP addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

·         Uses made of your information

We use information held about you in the following ways:

·         To ensure that content from our Website is presented in the most effective manner for you and for your computer;

·         To provide you with information, products or services that you request from us;

·         To carry out our obligations arising from any contracts entered into between you and us;

·         To allow you to participate in interactive features of our service, when you choose to do so;

·         To notify you about changes to our service;

·         [Insert any other use you make of user information].

 

·         Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy statement. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

·         Disclosure of your information

 

Any personal data collected from you will only be used for the purposes you provide it to us and it will be treated as confidential by us. It will not be made available to any third party without your prior permission unless it is to satisfy legal or regulatory requirements and we will keep it on a secure server.

·         Your rights

 

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Cookies

Our Website uses cookies from time to time. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of our Website, which helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website.

The cookies we use are “analytical” cookies. They allow us to recognise and count the number of visitors and to see how visitors move around the Website when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.

Please note that third parties may also use cookies, over which we have no control. These cookies are likely to be analytical cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies you may not be able to access all or parts of our Website.

Changes to these Terms

We may change these Terms from time to time without prior notice by amending this page. You should check these Terms regularly and take notice of any changes we make, as they are binding on you. Any changes will take effect from the time of posting. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Website.

Your continued use of the Website will be deemed acceptance of the updated and/ or amended versions of these Terms.

Our liability

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. Our liability will not extend to any special, indirect or consequential damages or losses, or any loss of profits, loss of revenue, loss of data, loss of contracts or opportunity, whether direct or indirect which may arise from any reliance by any party on any content, information, materials or opinions published on our Website.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our Website other than that set out above, please address your request to enquiries@elha.com.

General

If any part of these Terms are determined to be unlawful, illegal, invalid or otherwise unenforceable by reason of the laws of any territory or country in which these Terms are intended to be effective, then only to the extent and within the territory or country in which such provision is unlawful, illegal, invalid or unenforceable, such part of these Terms shall be deemed severed and deleted from these Terms and the remaining will survive and continue to be binding and enforceable to the fullest extent possible within such territory or country.

These Terms shall be governed by and interpreted in accordance with the laws of Scotland and the Scottish Courts will have exclusive jurisdiction over any disputes arising from these Terms.

Enquiries

We will make every effort to ensure that any enquiries submitted through the Website are dealt with promptly, however, we cannot guarantee that any such enquiries will be answered within your required timescale.

If an enquiry is sent through the Website to us by you on a normal working day, it will not deemed as being received by us until it is opened by us. This is usually the same day if the enquiry is sent before 4pm Monday to Friday. We close on certain bank holidays, for whole-staff training days and over the Christmas and New Year period. Details of any such closures are posted on the Website at least 7 days in advance.

If an enquiry is sent through the Website to us by you on a day the office is closed (i.e. public holidays, training days, weekends) it is not deemed as being received by us until it is opened by us and this is usually on the next working day.

If you have any concerns about material which appears on our Website, please contact enquiries@elha.com.