Terms Conditions

1. About our terms
   1. These terms and conditions of use (Terms) explain how you may use this website and any of its content (Site). These Terms apply between The Capital City Partnership Limited (we, us or our) and you, the person accessing or using the Site (you or your).
   2. You should read these Terms carefully before using the Site. By using the Site or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Site immediately.
   3. The Site is provided by us to you free of charge for information purposes only.
   4. If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.
2. About us
   1. We are The Capital City Partnership Limited, a company registered in Scotland under company registration number SC193404. Our registered office is at 165a Leith Walk, Edinburgh, EH6 8NR. We are registered with the Office of the Scottish Charities Regulator (OSCR) under number SC031026.
   2. If you have any questions about the Site, please contact us by sending an email to Info@esescommunities.org.
3. Using the site
   1. The Site is for your personal and non-commercial use only.  The purpose of our site is to provide a platform whereby relevant parties can be introduced to one another for the purposes of providing or receiving community benefits.  Accordingly, we have no contractual relationship whatsoever with those providing and/or those receiving community benefits through the use of our website.  Our role is simply that of introducer, facilitating the relationship between benefit provider and benefit receiver.  
   2. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
   3. 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 you do so at your own initiative and are responsible for compliance with local laws where they apply.
   4. We try to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us using the contact details at the top of this page.
   5. As a condition of your use of the Site, you agree not to:
      1. misuse or attack our Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful (such as by way of a denial-of-service attack), or
      2. 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.
   6. We may prevent or suspend your access to the Site if you do not comply with these Terms or any applicable law.
4. Registration and password security
   1. Use of the Site may require registration, particularly in order to access restricted areas of the Site.
   2. We are not obliged to permit anyone to register with the Site and we may refuse, terminate or suspend registration to anyone at any time.
   3. You are responsible for making sure that your password and any other account details are kept secure and confidential.
   4. If we have reason to believe there is likely to be a breach of security or misuse of the Site through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
   5. Any personal information you provide to us as part of the registration process will be processed in accordance with our Privacy Policy.
5. Your privacy and personal information

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our 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 supervisory authorities in the event you have a query or complaint about the use of your personal information.

6. Ownership, use and intellectual property rights
   1. The intellectual property rights in the Site and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Site (Content) are owned by us and our licensors.
   2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, 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.
   3. Nothing in these Terms grants you any legal rights in the Site or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Site or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.
7. Submitting information to the site
   1. While we try to make sure that the Site is secure, we do not actively monitor or check whether information supplied to us through the Site is confidential, commercially sensitive or valuable.
   2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Site will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.
8. Accuracy of information and availability of the site
   1. We try to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
   2. We may suspend or terminate access or operation of the Site at any time as we see fit.
   3. Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Site and its Content.
   4. While we try to make sure that the Site is available for your use, we do not promise that the Site will be available at all times or that your use of the Site will be uninterrupted.
9. Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party advertising and websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

10. Limitation on our liability
    1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
       1. losses that were not foreseeable to you and us when these Terms were formed;
       2. losses that were not caused by any breach on our part;
       3. business losses; and
       4. losses to non-consumers.
11. Events beyond our control

We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; flood, fire, explosion or accident; or epidemics or pandemics. We also take no responsibility or assume any liability in the instance that an organization may withdraw an offer of support.

12. Rights of third parties

No one other than a party to these Terms has any right to enforce any of these Terms.

13. Variation
    1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 13.
    2. We reserve the right to vary these Terms from time to time. Our updated Terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
14. Disputes
    1. 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 using the contact details set out at the top of this page.
    2. The laws of Scotland apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.  Any disputes will be subject to the exclusive jurisdiction of the courts of Scotland
15. Third party community benefits clauses
    1. Please note that should a business/supplier wish to make an offer or support a request through ESES Communities, they must seek prior approval from their awarding body (e.g. local authority, NHS, colleges, universities, schools or any other publicly-funded entity) in order to count this towards community benefits targets. Capital City Partnership take no responsibility for prescribing the points value or delivery of existing community benefit targets.

 

 

16. Other (due diligence)
    1. Upon registering, we reserve the right to undertake reasonable and proportionate due diligence upon organizations wishing to offer or receive or offer benefits. This may include, but is not limited to:

• Ensuring filings with regulators are up to date (including Companies House, the Office of the Scottish Charity Regulator and Charity Commission of England & Wales)
• At our discretion, examining accounts and governing documents or financial reporting available on these regulator websites, or requesting copies of governing documents or financial documents of potential beneficiaries, in order to ensure appropriate governance is in place with regards to: remuneration of directors; asset locks for CICs and other social enterprise models; winding up and direct liability procedures; up to date safeguarding and equality policies; inspection reports from the Care Inspectorate or other significant items including public communications or media reports pertaining to any organization which would represent a reputational risk to any or all parties.
• Where a monetary donation is offered, access to most recent financial reporting and proof of bank details through a copy of a bank statement dated within the past 90 days clearly displaying the name of the organization as the account holder, as well as the sort code and account number
• At our discretion, we may allow donations to be made to partner organisations as custodians for informal community groups who do not have the necessarry facilities, governance or bank account in place
  2. We reserve the right to decline offers or requests of the support through ESESCommunities.org without providing justification.
  3. We reserve the right to remove any offer, request, details of delivered benefits or other content pertaining to your organization without providing justification.
  4. We reserve the right to register requests and offers of support through ESESCommunities.org without publicly sharing these prior to a match being made without providing justification.