Welcome to JW Heritage Consulting (the “Company”). These Terms and Conditions (“Terms”) form a legally binding agreement between you (“Client,” “User,” or “you”) and the Company. By accessing or using our website, services, or products, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any provision of these Terms, please cease use of our website and services immediately.
1.1 Nature of Services: JW Heritage Consulting provides heritage consulting services, including but not limited to heritage impact assessments, environmental impact assessments, renewable energy consultations, cultural landscape evaluations, and strategic energy efficiency planning within Scotland (collectively, the “Services”). Any materials, recommendations, or reports we provide are for general informational purposes and do not constitute legal, financial, or professional advice.
1.2 No Guarantee of Results: While we strive to offer expert guidance based on experience and research, we cannot guarantee any specific outcomes, approvals, or results. The Client accepts all risks associated with decisions made based on our consultancy or website content.
2.1 As Is / As Available: The Services and all content on our website are provided on an “as is” and “as available” basis. JW Heritage Consulting makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, or products included on this website.
2.2 Limitation of Liability: To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. JW Heritage Consulting, its employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of (or inability to use) our website or Services. This includes, without limitation, damages for loss of profits, goodwill, data, or other intangible losses, even if JW Heritage Consulting has been advised of the possibility of such damages.
2.3 Third-Party Actions: We shall not be responsible or liable for any actions taken by third parties (including local planning authorities, regulatory bodies, or other consultants) based on our assessments or recommendations.
3.1 Client’s Responsibility: The Client acknowledges that JW Heritage Consulting is not responsible for verifying the financial viability, legal compliance, or commercial prospects of any proposed development or project. Any actions taken by the Client, including securing financing, obtaining planning permissions, or modifying existing sites, remain entirely at the Client’s own risk and discretion.
3.2 Independent Advice: Clients are strongly encouraged to seek independent legal, financial, or other professional advice regarding any regulatory, financial, or contractual matters. JW Heritage Consulting expressly disclaims all liability for any direct or indirect losses or damages arising from the Client’s reliance solely on our consulting reports or recommendations in such matters.
3.3 Regulatory & Planning Requirements: It is the Client’s responsibility to ensure all development, construction, or heritage-related activities comply with applicable local, national, and international laws and regulations, including those pertaining to the preservation of historical sites, environmental protection, and land use.
4.1 Accuracy of Information: The Client agrees to provide JW Heritage Consulting with accurate and complete information concerning the scope of any project or site, including but not limited to land ownership details, project specifications, and any previous heritage or environmental assessments. The Company shall not be held liable for outcomes resulting from incomplete, misleading, or false information provided by the Client.
4.2 Due Diligence & Decision Making: The Client is solely responsible for conducting any due diligence required and making final decisions about whether to proceed with a project, including compliance with planning regulations and guidelines. Our assessments, suggestions, or project strategies are recommendations only and do not replace the Client’s own judgment or professional advice the Client may receive from third parties.
4.3 Implementation of Recommendations: Any implementation of the Company’s recommendations or strategies is at the Client’s sole discretion and risk. JW Heritage Consulting accepts no liability for how recommendations are carried out or for any subsequent impacts.
5.1 Ownership of Content: All content on our website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of JW Heritage Consulting or its content suppliers and is protected by copyright laws.
5.2 License to Use: Subject to these Terms, JW Heritage Consulting grants you a limited, non-exclusive, non-transferable, revocable license to access and make personal use of the Company’s website content. This license does not allow for any resale or commercial use of this site or its contents without express written consent from the Company.
5.3 Restrictions: You may not duplicate, reproduce, modify, sell, or otherwise exploit any portion of our content or Services without express written permission from JW Heritage Consulting.
6.1 Confidential Information: Both the Client and JW Heritage Consulting agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the provision of Services, unless disclosure is required by law or necessary to carry out the agreed Services.
6.2 Data Protection: We shall process any personal data you provide in accordance with our Privacy Policy and applicable data protection laws. Your continued use of our Services implies your consent to such processing.
7.1 External Websites: Our website may contain links to third-party websites for your convenience. JW Heritage Consulting does not endorse or assume responsibility for any third-party content, privacy policies, or practices. Accessing linked third-party websites is at your own risk.
7.2 References: Any references or links to external publications, guidelines, or resources are provided for informational purposes only. We do not endorse or guarantee the accuracy of such external materials.
8.1 Client’s Obligation: You agree to indemnify, defend, and hold JW Heritage Consulting and its affiliates, officers, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising from or related to (i) your use of the Services or website, (ii) your breach of these Terms, or (iii) any claims arising from your violation of any applicable law or regulation.
9.1 Changes to Terms: We reserve the right to modify or update these Terms at any time without prior notice. Any changes will become effective immediately upon posting on our website. Your continued use of our website or Services following such changes constitutes acceptance of the revised Terms.
9.2 Termination of Access: We may terminate or suspend your access to our website or Services immediately, without prior notice or liability, if you breach these Terms or engage in any conduct that we deem harmful or unlawful.
10.1 Definition: JW Heritage Consulting shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
11.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Scotland, without regard to its conflict of laws provisions.
11.2 Jurisdiction: Any disputes relating to these Terms or the Services provided by JW Heritage Consulting shall be subject to the exclusive jurisdiction of the courts located in Scotland.
11.3 Mediation & Arbitration: In the event of any dispute, the parties agree to attempt in good faith to resolve the dispute through mediation or arbitration before resorting to litigation, to the extent permitted by applicable law.
12.1 Severable Provisions: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If it cannot be so modified, then that provision shall be severed from these Terms and shall not affect the validity or enforceability of the remaining provisions.
13.1 Integration: These Terms, together with our Privacy Policy and any written proposals or service agreements, constitute the entire agreement between you and JW Heritage Consulting regarding our website and Services, superseding any prior or contemporaneous agreements, communications, or understandings.
If you have any questions or concerns about these Terms, please contact us at Last Updated: 01 January 2025