Terms & Conditions
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply courses and digital content to you ("Online Content and Courses") through our website at absorb.scot (our "Website"). If you do not agree to these terms, you must stop using the Website and the Online Content and Courses immediately.
1.3 Licence to use. Subject to your compliance with these terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:
· to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these terms; and
· to download or stream permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these terms.
1.4 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
· You are an individual.
· You are using the Online Content and Courses wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.5 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your use of the Online Content and Courses. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are The Scottish Gymnastics a company registered in Scotland. Our company registration number is SC177815 and our registered office is at Caledonia House 1 Redheughs Rigg, South Gyle, Edinburgh, EH12 9DQ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0131 2719750 or by writing to us at absorb.scot, Scottish Gymnastics, Caledonia House 1 Redheughs Rigg, South Gyle, Edinburgh, EH12 9DQ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order for the Online Content and Courses will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Online Content and Courses (where applicable). This might be because of unexpected limits on our resources which we could not reasonably plan for.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only provide the Online Content and Courses to the UK. Our Website is solely for the promotion of our Online Content and Courses in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
3.5 You are responsible for making all arrangements necessary for you to have access to our Website and Online Content and Courses. 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.
4. Your rights to make changes
If you wish to make a change to the Online Content and Courses you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Online Content and Courses (where applicable) or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. Our rights to make changes
5.1 Minor changes to the Online Content and Courses. We may change the Online Content and Courses:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
5.2 More significant changes to the Online Content and Courses and these terms. In addition, as we informed you in the description of the Online Content and Courses on our Website, we may make changes to these terms or the Online Content and Courses, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Online Content and Courses paid for but not received
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
6. Use of our website and online content and courses
6.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any 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.
6.2 We are the owner or the licensee of all intellectual property rights in our Website and Online Content and Courses. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
6.3 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
6.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way (including the Online Content and Courses) and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text without first seeking our permission to do so.
6.5 Our status (and that of any identified contributors) as the authors of material on our Website and the Online Content and Courses must always be acknowledged.
6.6 You must not use any part of the materials on our Website or the Online Content and Courses for commercial purposes without obtaining a licence to do so from us or our licensors.
6.9 We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
6.10 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.
6.11 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.
6.12 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.
6.13 You must not establish a link from any website that is not owned by you unless this is in relation to a forum or blog website or other website where such linking is permitted.
6.14 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.
6.15 Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Providing the Online Content and Courses
7.1 When we will provide the Online Content and Courses. During the order process we will let you know when we will provide the Online Content and Courses to you:
(a) If the Online Content and Courses is a one-off supply of digital content. We will make the digital content available for download by you as soon as we accept your order.
(b) If the Online Content and Courses are ongoing services or a subscription to receive Online Content and Courses or digital content. We will supply the Online Content and Courses or digital content to you until either the courses are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2 We are not responsible for delays outside our control. If our supply of the Online Content and Courses is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Online Content and Courses you have paid for but not received (where applicable).
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Online Content and Courses to you. If so, this will have been stated in the description of the Online Content and Courses on our Website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result (where applicable). We will not be responsible for supplying the Online Content and Courses late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.4 Reasons we may suspend the supply of the Online Content and Courses to you. We may have to suspend the supply of the Online Content and Courses to:
(a) deal with technical problems or make minor technical changes;
(b) update the Online Content and Courses to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the Online Content and Courses as notified by us to you (see clause 5).
7.5 We may suspend supply of the Online Content and Courses if you do not pay (where applicable). If you do not pay us for the Online Content and Courses (where payment is required) when you are supposed to (see clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Online Content and Courses until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Online Content and Courses. We will not suspend the Online Content and Courses where you dispute the unpaid invoice (see clause 14.7). We will not charge you for the Online Content and Courses during the period for which they are suspended. As well as suspending the Online Content and Courses we can also charge you interest on your overdue payments (see clause 14.6).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought (where applicable), whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought or been provided with is faulty or misdescribed you may have a legal right to end the contract see clause 12 if you are a consumer and clause 13 if you are a business;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you are a consumer and have just changed your mind about the Online Content and Courses. You may be able to get a refund (where applicable) if you are within the cooling-off period.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full (where applicable) for any Online Content and Courses which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the Online Content and Courses or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the Online Content and Courses you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Online Content and Courses may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Online Content and Courses for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
(a) digital products after you have started to download or stream these; or
(b) courses, once these have been completed, even if the cancellation period is still running.
8.4 How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have bought and how it is delivered.
(a) Have you bought courses? If so, you have 14 days after the day we email you to confirm we accept your order. However, once you have completed any course you cannot change your mind, even if the period is still running. If you cancel after we have started providing any courses, you must pay us for such courses provided up until the time you tell us that you have changed your mind.
(b) Have you bought digital content for download or streaming (for example,? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation (where applicable). A contract for digital content is completed when the digital content is delivered, downloaded or streamed and paid for. A contract for courses is completed when we have finished providing the courses and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Online Content and Courses not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 0131 2719750 or email us at absorb.scot, Scottish Gymnastics, Caledonia House 1 Redheughs Rigg, South Gyle, Edinburgh, EH12 9DQ. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form www.absorb.scot /contact on our website.
(c) By post. Write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Online Content and Courses, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind in respect to a course, we may deduct from any refund an amount for the supply of the course for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for the Online Content and Courses at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Online Content and Courses.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the Online Content and Courses we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the Online Content and Courses. We may write to you to let you know that we are going to stop providing the Online Content and Courses. We will let you know at least 7 days in advance of our stopping the supply of the Online Content and Courses and will refund any sums you have paid in advance for the Online Content and Courses which will not be provided.
11. If there is a problem with the online content and courses
How to tell us about problems. If you have any questions or complaints about the Online Content and Courses, please contact us. You can telephone our customer service team at 0131 2719750 or write to us at firstname.lastname@example.org or absorb.scot, Scottish Gymnastics, Caledonia House 1 Redheughs Rigg, South Gyle, Edinburgh, EH12 9DQ.
12. Your rights in respect of defective the online content and courses if you are a consumer
12.1 If you are a consumer we are under a legal duty to supply the Online Content and Courses that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Online Content and Courses. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you're entitled to a repair or a replacement.
· if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back (where applicable).
· if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
13. Your rights in respect of defective online content and courses if you are a business
13.1 If you are a business customer we warrant that on delivery any Online Content and Courses shall:
(a) conform in all material respects with their description; and
(b) be free from material defects;
13.2 We will not be liable for the Online Content and Courses failure to comply with the warranty in clause 13.1 if:
(a) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Online Content and Courses or (if there are none) good trade practice;
(b) you alter the Online Content and Courses without our written consent; or
(c) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.3 Except as provided in this clause 13, we shall have no liability to you in respect of the Online Content and Courses failure to comply with the warranty set out in clause 13.1.
14. Price and payment
14.1 Where to find the price for the Online Content and Courses. The price of the Online Content and Courses will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Online Content and Courses advised to you is correct. However please see clause 14.3 for what happens if we discover an error in the price of the Online Content and Courses you order.
14.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Online Content and Courses we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Online Content and Courses' correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Online Content and Courses' correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.3 When you must pay and how you must pay. We accept payment with approved Netbanx list of credit and debit cards. When you must pay depends on what product you are buying:
(a) For digital content, you must pay before you download the digital content.
(b) For courses, you must make an advance payment of 100% of the price of the courses, before we start providing them.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. Our responsibility for loss or damage suffered by you if you are a consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Online Content and Courses as summarised at clause 12.1.
15.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.4 We are not liable for business losses. If you are a consumer we only supply the Online Content and Courses for to you for domestic and private use. If you use the Online Content and Courses for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our responsibility for loss or damage suffered by you if you are a business
16.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) we shall not be liable to you, whether in contract, negligence, breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, negligence, breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Online Content and Courses under such contract.
17. How we may use your personal information
17.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Online Content and Courses to you;
(b) to process your payment for the Online Content and Courses (where applicable); and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
18. Other important terms
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
18.3 Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
18.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Online Content and Courses, we can still require you to make the payment at a later date.
18.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the Online Content and Courses in the Scottish courts. If you live in England you can bring legal proceedings in respect of the Online Content and Courses in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Online Content and Courses in either the Northern Irish or the Scottish courts.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.