These terms and conditions apply to participation in the carbon calculator programme made available by VisitScotland. Please read these Terms carefully before applying to participate in the Programme. By applying to participate in the Programme, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not apply for or participate in the Programme.
In these Terms:
“Participant”, “you” and “your” means the business or organisation applying to participate in the Programme;
“Programme” means the VisitScotland carbon calculator support programme;
“Terms” means these participant terms and conditions;
“Tool” means the carbon calculator tool provided and operated by Trace by Isla;
“Trace by Isla” means the third-party supplier of the Tool; and
“VisitScotland”, “we”, “us” and “our” means VisitScotland.
The Programme is intended to support eligible Scottish tourism and events businesses to access and use the Tool for the purpose of recording consumption and emissions information and generating carbon-related outputs. The Tool is provided and operated by Trace by Isla. The Tool is provided for general information and support purposes only. VisitScotland’s role is to promote the Programme, assess applications, refer eligible Participants to Trace by Isla and access reporting information for Programme monitoring and evaluation purposes. VisitScotland does not host, operate, maintain or administer the Tool or user accounts.
The Programme is available only to eligible tourism and events businesses with a registered address in Scotland. Sole traders are eligible to participate. Participants must satisfy any eligibility and application requirements notified by VisitScotland from time to time. Applicants who do not meet the eligibility requirements may be rejected or redirected to another VisitScotland programme or resource where we consider that alternative support would be more appropriate. VisitScotland's decision on eligibility is final.
To apply for the Programme, you must complete the application process and provide the information requested by us. You must accept these Terms and the applicable privacy notice as part of that process. Submission of an application does not guarantee acceptance onto the Programme or access to the Tool. We reserve the right to request further information, verify eligibility, reject an application, and/or refuse access where we consider this appropriate.
The Tool is provided and operated by Trace by Isla, not by VisitScotland. If your application is accepted, we may refer your details to Trace by Isla so that Trace by Isla can contact you and provide access to the Tool. You will be required to enter into a separate agreement with Trace by Isla and may be required to accept Trace by Isla’s own terms, conditions and privacy information. Those separate terms will govern your use of the Tool. If there is any inconsistency between these Terms and Trace by Isla’s terms in relation to use of the Tool, Trace by Isla’s terms will apply to that use. VisitScotland is not a party to your contract with Trace by Isla and is not responsible for the provision, operation, availability, security, functionality, account access or data export functionality of the Tool, except to the extent expressly stated in these Terms.
Trace by Isla is solely responsible for hosting, operating, maintaining, securing and supporting the Tool, including account administration, technical support, system availability, data export functionality and user access management.
You confirm that you have authority to apply for the Programme on behalf of the Participant and to accept these Terms. You are responsible for ensuring that all information provided to us and to Trace by Isla is accurate, complete, lawful and kept up to date. You must nominate an appropriate point of contact for the Programme and tell us or Trace by Isla promptly if that person changes or leaves your organisation. You are responsible for entering consumption, emissions and related operational data into the Tool, maintaining accurate records and completing annual data submissions during your participation in the Programme. Reporting deadlines and requirements may be notified by VisitScotland or Trace by Isla from time to time. You must promptly inform us or Trace by Isla if your nominated contact changes or leaves your organisation.
You must use reasonable endeavours to complete your annual emissions or consumption data submission by the applicable deadline notified to you. If you are unable to complete a submission on time, you must notify us or Trace by Isla as soon as reasonably practicable and may request an extension. VisitScotland and/or Trace by Isla may, acting reasonably, grant or refuse an extension and may impose conditions on any extension.
If you fail to submit required data, we or Trace by Isla may send reminders to the contact details provided. If you do not respond to reminders or do not complete the outstanding submission within the period specified in the final reminder, VisitScotland reserves the right to suspend or withdraw your participation in the Programme and to ask Trace by Isla to suspend or withdraw your access to the Tool. We will act reasonably before taking this step and will consider any written explanation or extension request received from you.
The Programme is currently intended to operate until 2031, subject to funding availability, contractual arrangements and any earlier suspension or termination in accordance with these Terms. Participation in the Programme does not guarantee access to the Tool for any minimum period.
At the end of the free access period, your free access to the Programme and/or Tool may end unless we notify you otherwise. If the Programme ends, Participants may be offered options including exporting or downloading their data and reports, entering into separate commercial arrangements with Trace by Isla, transferring information to another provider or participating in any replacement programme made available by VisitScotland. Any such arrangements will be subject to the terms offered by the relevant provider at that time.
VisitScotland reserves the right to amend these Terms, change the eligibility criteria, suspend applications, suspend or withdraw your participation, or bring the Programme to an end where we reasonably consider this necessary, including for funding, operational, contractual, technical, legal, regulatory or policy reasons. Where practicable, we will give you advance notice of any material change, suspension or withdrawal. We may act without prior notice where urgent action is required or where we reasonably consider that you have breached these Terms, misused the Programme, provided inaccurate or misleading information, or failed to comply with applicable Trace by Isla terms.
We will process personal data in accordance with the privacy notice made available to you as part of the application or sign-up process. The privacy notice explains what personal data is collected, how it is used, the lawful basis for processing, how long it is retained, the role of Trace by Isla, and your rights.
Subject to the privacy notice, VisitScotland may use anonymised and aggregated Programme data for monitoring, evaluation, statistical analysis, business reporting, public sector reporting and the development and promotion of climate action initiatives.
The Programme, Tool and any reports, calculations, dashboards, outputs, information or recommendations are provided for general information and support purposes only and are not intended to amount to advice on which you should rely. VisitScotland does not guarantee that the Programme or Tool will meet your requirements or that any outputs generated by the Tool will be accurate, complete, available, reliable, suitable or error-free. The Tool depends on the information entered by you and on the methodology applied by Trace by Isla. You remain responsible for checking the information you enter, interpreting any outputs appropriately, and obtaining your own professional advice before making business, operational, financial, legal, regulatory or environmental decisions.
Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded. Subject to that, VisitScotland will not be liable for any loss, damage, cost or expense arising from or in connection with your participation in the Programme, your use of, inability to use, or reliance on the Tool or any outputs generated by it, any decision made on the basis of the Tool or its outputs, or any act, omission, service failure, system failure or breach by Trace by Isla. This does not affect any rights you may have directly against Trace by Isla under your separate contract with Trace by Isla.
These Terms apply between you and VisitScotland only and do not create rights for any third party, except where expressly stated. If any part of these Terms is found to be invalid or unenforceable, the remaining parts will continue to apply. These Terms are governed by Scots law and the Scottish courts will have jurisdiction, unless applicable law provides otherwise.
