Terms and Conditions

Terms Of Website Use

We, Ochil View Housing Association, East Lothian Housing Association, Grampian Housing Association, Castlehill Housing Association, Hillcrest Homes Scotland, Sanctuary Scotland Housing Association and Berwickshire Housing Association, jointly manage and operate the “These Homes” choice-based lettings platform at www.thesehomes.com (our site). This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our site , whether as a visitor or a registered user. Please read these terms of use carefully before you start to use the site. By using our site and/or registering for any services, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Accessing Our Site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. We will try to give you reasonable notice of any restriction or withdrawal, although this may not always be possible.

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

We make no promise that the site is appropriate or available for use in locations outside of the UK. If you choose to access the site from locations outside the UK, you acknowledge that you do so at your own initiative and risk and are responsible for compliance with local laws where they apply.

We try to make the site as accessible as possible. If you have any difficulties using the site, please contact us using the details at the top of this page.

We recommend that you print a copy of these terms of use for future reference.

Passwords

If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures to provide access to restricted areas of the website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name 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. If you know or suspect that anyone other than you has knowledge of your username or password, you must promptly notify us.

Reliance On Information Posted

Our service is limited to providing an online platform for our member organisations to advertise the housing options they have available to potential applicants. We make no guarantee that any applicants will be matched with any accommodation leading to a successful move.

While we endeavour to ensure that the information on the site is correct, this information is provided by member organisations and we do not warrant the accuracy and completeness of the material or images on the site or that they are up to date or fit for any purpose. Nor do we verify the existence, suitability, or condition of any of the properties detailed on the site. We may make changes to the material on the site at any time without notice. We disclaim all liability and responsibility permitted by law arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. Any reliance you may place on the information on the site is entirely at your own risk.

Agreements/Transactions Concluded Through Our Site

Tenancy agreements, contracts for the provision of any services or information formed through our site or as a result of visits made by you are governed by your agreement with the applicable member organisation.

Our Liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
  • (b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any property detailed on it, websites linked to it and any materials posted on it, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Notwithstanding the foregoing, none of the exclusions and limitations in these terms are intended to limit any rights you may have as a consumer under English law and 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.

Information About You and Your Visits to Our Site

Your privacy and personal information are important to us. Any personal information that you provide to us will be handled in line with our Website Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and the Information Commissioner’s Office in the event you have a query or complaint about our use of your personal information.

If you wish to unsubscribe from These Homes, please contact us.

Intellectual Property Rights

Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in any text, images, video, audio or other multimedia content or other information or material accessible from the site, and in the material published on it. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors. You must not adjust, try to circumvent or delete any notices contained on the site or its content (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within the site or its content.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

Nothing in these terms of use grants you any legal rights in the site and you must not use any part of the content on our site for commercial purposes, without obtaining a licence to do so from us or our licensors.

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

Viruses, Hacking and Other Offences

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site 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 site or to your downloading of any material posted on it, or on any website linked to it.

Links

Links to third-party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed all of these third party websites and do not control nor are responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the site, you do so entirely at your own risk.

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.

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 to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

Events Beyond Our Control

We are not liable to you if we fail to comply with these terms of use because of circumstances beyond our reasonable control, including breakdown of systems or network access.

Our Site Changes Regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. We will give you reasonable notice of any major changes, but only if we are required to do so by law.

Your Concerns And Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible.

If a dispute cannot be resolved using our complaints procedure, you can bring court proceedings against us. The law of Scotland will apply to these terms of use. The Scottish courts will have exclusive jurisdiction in relation to these terms of use.

If you have any concerns about material which appears on our site, please contact us.