STEM Scotland Ltd

1. 

The Contract

1.1

By purchasing any of our Digital Products, including accessing any Free items, you acknowledge the applicability of these Terms of Supply. These Terms of Supply will be binding on you and a contract will come into effect between us when you register for any course/club or other Digital Product and any payment, if required, is made. 

1.2

The contract between you and us comprises these Terms of Supply.

2.

Our Services

2.1

The Services and Digital Products are as described in STEM Scotland’s Thinkific site and Course Pages. 

2.2

If our supply of the services 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 services you have paid for but not received.

2.3

If you cause a delay which renders us unable to perform the services as arranged including, without limitation, your failure to provide any information that we require to perform the services within a reasonable time of us asking for it, we may either end the contract or charge you additional costs incurred by us as a result.  We will not be responsible for supplying the services late or not supplying any part of them if this is as a result of a delay caused by you. 

3.

Price and Payment

3.1

The price of the service (which includes VAT) will be the price indicated on the Course Landing Page. We use our best efforts to ensure that the price of the service advised to you is correct. 

3.2

Payment for the Services is to be made in advance at the time of booking. Payment can be made via the secure payment portal on our Thinkific Site. 

3.3

Our Digital Products cannot be accessed without the stated payment, unless material is free, either as a free resource or a free preview as part of a paid product.

4.

Your Right to End the Contract

4.1

You may cancel this contract at any time by emailing us at [email protected]. Your cancellation is effective from the date you send the email or post the letter to us. 

4.2

(a) If you decide to cancel the contract in accordance with Clause 4.1 above and do so at least fourteen days prior to date of delivery or performance of the Services then we will refund you the price you paid for the Services.

(b) In the event that you cancel within fourteen days prior to the date of performance of the Services a refund of the purchase price may be considered if requested in writing by emailing [email protected] or by post to STEM Scotland Ltd, 86 Baronald Drive, Glasgow G12 0HY, Scotland.

(c) Some items may display a "Guaranteed Refund" policy or statement. In this case, a refund will be given according to the terms stated in that policy or statement. Such a statement will supersede 4.2(a) and 4.2(b).

5

Our Right to End the Contract

5.1

We may end the contract 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 14 days of us reminding you that payment s due;

(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 services;

(c) You commit any other material breach of contract.

5.2

If we end the contract in the situations set out in Clause 5.1 we will refund any money you have paid in advance for services we have not provided but we are entitled to recover all losses incurred as a result of termination of the contract. We may deduct this from any sum already paid. 

6

Liability 

6.1

Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of negligence or for fraudulent misrepresentation.

6.2

Subject to the foregoing STEM Scotland will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without limitation pure economic loss, loss of profits, loss of business, loss of opportunity, loss of goodwill and like loss) howsoever caused. 

6.3

Subject to the foregoing STEM Scotland’s aggregate liability under this Contract for any of the loss detailed in Clause 6.2 will be limited to the amount paid for the Services concerned.  

7

Intellectual Property

For the purposes of these Terms, “Intellectual Property” means any Digital Products and all information, know-how, copyright and related rights, trade marks, business names, domain names and goodwill whether registered or unregistered belonging to STEM Scotland. All intellectual property which is owned by STEM Scotland and produced by the same as part of the Services or Digital Products is solely for the use of the individual attending the Services and may not be copied, distributed or otherwise reproduced by you or them without our express written consent. Materials that are downloadable are deemed to have received this consent, limited to one printed copy and one electronic copy, for personal use only and not for distribution. Breach of this clause is a material breach. 

8

Confidentiality Clause

8.1

Each party agrees that any information about them or their business is confidential ("Confidential Information"). Each party agrees that it shall not permit duplication, use or disclosure of such Confidential Information to any person (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Contract) unless such duplication, use or disclosure is specifically authorised in writing by the other party or is required by operation of law. Breach of this clause is a material breach. 

8.2

Confidential information does not include information which at the time of disclosure is generally known by the public (other than by an unauthorised act of the disclosing party). 

8.3

Both parties shall take reasonable steps to ensure that their employees, agents and subcontractors keep Confidential Information confidential.

9

Privacy Policy

By accepting these Terms of Supply, you also agree to be bound by our privacy policy

https://www.dorothyaidulis.thinkific.com/pages/privacy

10

Changes to Terms

We reserve the right at our discretion to modify, add or remove any or all of the Terms of Supply at any time and each such change shall become effective immediately upon posting. However, those changes will not affect any current bookings you have with us but only new bookings.

11

Assignment

11.1

We may transfer our rights and obligations under the Contract to any other person including sub-contracting the delivery of any Services.

11.2

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

12

Severability

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.

13

Non-waiver of rights

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 service, we can still require you to make the payment at a later date.

14

Governing Law

These terms are exclusively governed by Scots law and you can bring legal proceedings in respect of the services in the Scottish courts.