Terms and Conditions 28.2.24v2

Welcome to the SOSCN terms and conditions. We hope you are enjoying your visit to our Website and find the content and services useful. Please note that by using this Website you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions; please do not use or access this Website. You must read and accept all of the terms and conditions of business contained herein together with our Privacy Policy before you may use or access the Website in any way.

1. Introduction

1.1 SOSCN offers Events and Training Services, advice, and Products ("the Service"). “SOSCN” is a trading name of Scottish Out of School Care Network, a limited company with charitable status registered in Scotland (Company Number: SC200662; Scottish Charity Number: SC020520), with the registered office at Floor 4, 41 St Vincent Place, Glasgow, G1 2ER.

1.2 By using this Website, purchasing the Services and/or placing an Order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions below, please do not use or access this Website.

1.3 These terms and conditions constitute the entire terms and conditions upon which SOSCN provides the Service and upon which the Client agrees to contract for the use of the Service except where specifically varied by written agreement by SOSCN on its order acknowledgement. They supersede any written or oral representations, statements, understandings, or agreements.

1.4 From time to time, it will be necessary to update the terms and conditions and you agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.

Definitions

In this Agreement:-

“Agreement” means these terms and conditions together with the Client's Order as confirmed in SOSCN Ltd's Order Confirmation.

“Client “means a client who is an individual, company, firm, corporation or public authority and anyone who uses the Service.

“Intellectual Property Rights” means all intellectual property rights connected with the SOSCN toolkit templates, toolkit tutorials, training videos, including tasks and quizzes, and poster templates, the Website and all materials related to the Service, wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the intellectual property rights referred to above include copyright and related rights, all software, database rights, design rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, and patents).

“Early Cancellation” means the Client requesting cancellation after purchasing the Service subject to 5.11.3.

“Events and Training Services” means both online and workshop-based services (including face-to-face) as described on the Website.

“Order” means the Client's instruction to SOSCN to proceed with the Service.

“Order Confirmation” means the email acceptance sent by SOSCN following receipt of the Client's Order.

“Products” means all digital content including toolkit templates, tutorials, videos, and supporting content for posters or training and is all part of the (Service) supplied by SOSCN.

“Scottish Out of School Care Network” or “SOSCN” or “we/our/us” means, a company and charity registered in Scotland (Number SC020520) and with its registered office at, Floor 4, 41 St Vincent Place, Glasgow, G1 2ER.

“SOSCN Client Service Policy” means the open policy allowing Clients to contact SOSCN by telephone on 0141 564 1284, email or click the chat button in order to seek further advice or assistance on an as and when available basis.

“the Contract Price” means the price for the Service set out on the Website.

“the Website” means the SOSCN website operating under the domain name of https://soscn.org/.

“Writing” includes any written paper document, any fax, and any email correspondence.

“Working Day “means within the hours of 9.00am to 5.00pm, Monday to Friday only, not including weekends, bank, or statutory holidays.

2. Service provision

2.1 SOSCN will provide an order acknowledgement for all orders placed but reserves the right to accept or reject any Order at its sole discretion.

2.2 SOSCN will use all reasonable endeavours to provide the Service as described on the Website.

2.3 SOSCN may at any time amend the Service for any reason including, but not limited to, technical, legal, or business reasons.

2.4 SOSCN encourages any interested or potential Clients to make contact with SOSCN if a further explanation of the Service is required. We are contactable on info@soscn.org or by telephone 0141 564 1284.

2.5 SOSCN will also provide membership email updates to the SOSCN membership offering our Clients updates regards events and new services available on our Website. Please note any request to unsubscribe from this email service will result in the Client receiving no such updates. (Privacy policy).

3. Your Intellectual Property Rights

3.1 All intellectual property rights arising out of this Agreement shall vest in SOSCN. The IP (all intellectual rights associated with the IP) is exclusively owned by SOSCN and the Client is granted a non-exclusive, non-transferable, royalty-free licence to use that intellectual property for the purposes envisaged by the Agreement. Where applicable, the Client is responsible for all Employee (s) accessing the Service. The Client commits to making the Employee aware of such responsibilities as outlined in this Agreement.

3.2 Nothing in this Agreement shall be taken to prevent us from using any expertise acquired or developed during the performance of this Agreement in the provision of Services to other parties. SOSCN retains the right to use Intellectual Property content (your company logo and brief description of the work) for marketing use.

3.3 All Client-owned content and materials including all pre-existing Trademarks shall remain the sole property of the Client or its respective suppliers and the Client or its suppliers shall be the sole owner of all rights in connection therewith. The Client hereby grants to SOSCN a nonexclusive, non-transferable licence to use, reproduce, modify, display, and publish the Client-owned content and materials solely in connection with the Work (including any Client content that appears on the SOSCN Website).

3.4 Unless otherwise agreed in writing and except for Intellectual Property Rights pertaining any third-party Services offered through SOSCN, all Intellectual Property Rights arising during this Agreement shall vest in the third party. The Client is granted a non-exclusive, non-transferable, royalty-free licence to use that intellectual property for the purposes envisaged by the Agreement.

3.5 Without Our prior written permission, you may change certain digital content. The Client may download purchased digital content including posters and certain toolkits, as stated on the Website, subject to clause 3.1. The digital content may be edited, printed, and modified but not resold and only used for the purpose it was intended.

4. Basis of Use of the Website

4.1 You agree to the following:-

4.1.1 that you are aged 18 or over and are legally capable of entering into binding contracts;

4.1.2 that you understand, acknowledge, and accept the exclusion of liability and disclaimer provisions contained in the following;

4.1.3 that you will only view the Information on the Website for your own private purpose and will not publish, reproduce, store, or retransmit any of the information contained in the Website at any time.

4.1.4 that you shall not use the Information for any unlawful purpose or in any unlawful manner;

4.1.5 that you shall not use the Website or the Information in any manner which may constitute an infringement of any third-party rights (including but not limited to rights of copyright, trademark, or confidentiality);

4.1.6 that you shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;

4.1.7 that all intellectual property rights (including without limitation copyright, trademarks, and all other rights) whatsoever in the Information and the Website shall remain vested in SOSCN at all times;

4.1.8 that you will indemnify and keep indemnified SOSCN against all claims, liabilities, damages, costs, and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.

5. Client Obligations

5.1 No Agreement in respect of any Services shall exist between us and you until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

5.2 Orders must be submitted electronically via the Website. To do so, you will be required to follow the online process. When doing so, you will be required to register with us (when purchasing membership services) and complete certain required fields on a form and create an account. This may include the provision of security information such as your identification details and password(s). You agree that you will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if you become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.

5.3 By purchasing, you hereby warrant that all information submitted by you is true, current, and complete. SOSCN reserves the right to verify the eligibility of all Clients.

5.4 The Client is responsible for their behaviour and agrees, subject to 10.5 to cooperate and comply with all staff and attendees in a way the Service was intended, and in all cases, act in good faith while using/consuming the Service.

5.5 The Client shall pay the charges for the Service in accordance with clauses 7 and 8 below.

5.6 It is the Client's responsibility to act on any advice offered by SOSCN.

5.7 Without prejudice to its rights in terms of Clause 10 hereof, SOSCN is entitled to suspend or terminate the Client's use of the Service if the Client fails to comply with any of its obligations under clauses 4, 5 or 6 herein.

5.8 The Client is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and access to enable SOSCN to deliver a quality service including;

5.9 The Client is responsible for revision of content including checking of grammar and spelling mistakes or content incorrectly worded or phrased.

5.10 The Client is responsible for gaining permission to use Intellectual Property not owned by the Client. SOSCN takes no responsibility for such undertakings.

5.11 SOSCN Events and Training Services are subject to the following additional terms and Conditions:

5.11.1 Where the Service includes staff training, the Client is responsible for ensuring attendance numbers and no reduction in the Contract Price will be made due to a lesser number of attendees being trained than has been confirmed on the Order Confirmation.

5.11.2 Where the Client has contracted for Events and Training Services; the Service will only cover Services originally agreed at the time of contract and further work is subject to quotation more fully described in the Order Confirmation.

5.11.3 Unless otherwise stated, to cancel Events and Training Services the Client must notify SOSCN 14 days prior to commencement of Services. Cancellation will incur a charge of 50% of the Contract Price. Where notice of cancellation is less than 14 days prior to commencement of Services, the Client will incur full Contract Price and where applicable, payment will be due from you to us within 30 days of termination.

6. Changes

Should the Client require a change in the nature, scope, or timing of the Service or in or any other aspect of this Agreement, such change shall be requested in writing. SOSCN shall advise the Client of the effects including any increase in the Service charges which may result, and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.

7. Service charges

7.1 Charges for the Service shall be based upon the Client paying for the Service in advance.

7.2 The prices charged initially shall be those stated on the website and confirmed in the Order Confirmation provided to the Client.

7.3 No Service will commence until payment has been received.

7.4 Online Services (access to digital content) will commence within one working day of receiving the payment.

7.5 SOSCN uses Stripe to deliver card services.

8. Payment of Service charges

8.1 With regard to payment, the payment is made through Stripe or by BACS. The payment shall be paid in advance of Service commencement. The payment method shall be nominated by SOSCN.

8.2 Without prejudice to the foregoing, and subject to Clause 5.11.3, all charges for Services are non-refundable in the event of Early Cancellation by the Client.

8.3 Services will only cover services originally agreed at the time of contract and further work is subject to quotation more fully described in the Order Confirmation.

8.4 The Client shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to SOSCN.

8.5 If you are late in making a payment under this Agreement for 30 consecutive days or more, we reserve the right to commence the debt recovery process and thereafter where applicable enter the small claims process or other legal action. You shall reimburse us on demand for all costs, expenses and losses associated therewith (including lost profit) or enter the small claims process to recover payments due if necessary.

9. Corrupt Practices

SOSCN represents and warrants that they shall not, and shall procure that none of its affiliates or any of its or their directors, officers, employees or agents, or any other person associated with or acting on behalf of the Client directly or indirectly (i) violate any provisions of United Kingdom (“Principal ABAC Statutes” Bribery Act 2010 or (ii) make, or offer to make, promise to make or authorise the payment of or giving of, directly or indirectly, any bribe, rebate, payoff, influence payment, facilitation payment, kickback or other unlawful payment or gift of money, or anything of value prohibited under any applicable law or regulation (any such payment, a “Prohibited Payment”).

10. Termination

10.1 SOSCN shall be entitled to suspend the Service in accordance with clause 5.7.

10.2 Without prejudice to any other rights to which it may be entitled, SOSCN may terminate provision or use of the Service respectively with immediate effect if the Client commits any material breach of any of the terms of the Agreement and the breach remains un-remedied after thirty days of the Client being notified by SOSCN of the breach and of SOSCN intention to terminate unless the breach is remedied.

10.3 The Client can cancel at any time, however if the Client requests Early Cancellation, the Client understands and agrees, with the exception of clause 5.11.3, SOSCN do not offer a refund policy. This issue is at the discretion of SOSCN.

10.4 SOSCN may terminate provision of the Service immediately if the Client becomes insolvent or put into liquidation or administration or otherwise ceases to carry on business.

10.5 SOSCN will not tolerate Clients being rude or offensive or otherwise abusing the SOSCN Service, in any way, which includes the members of staff or visitors or any third-party attending or assisting with delivering the event. SOSCN reserves the right to terminate the Service with immediate effect as a result of such behaviour (at SOSCN discretion). In certain circumstances, this will involve removal from the online or face-to-face event.

10.6 SOSCN reserves the right to terminate if the Client fails to adhere to any legal requirements or regulation.

10.7 Where the Client has contracted for our Services from SOSCN we will automatically continue to supply services on an ongoing basis unless otherwise instructed by you the Client.

11. Warranty given by SOSCN Ltd.

11.1 SOSCN undertakes to use reasonable skill and care in providing the Service as described on the Website.

11.2 SOSCN will endeavour to;

11.2.1 SOSCN will be open in disclosing their identity to the Client and being open and honest in our dealings.

11.2.2 adhere to the Client's current security arrangements.

11.2.3 respect the Client privacy and maintaining confidentiality in respect of the Client before, during and after provision of the Service.

12. Disclaimer and Limitation of Liability

12.1 The Client uses the Service at its own risk and in no event shall SOSCN be liable to the Client for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from SOSCN negligence) including, but not limited to, loss of profits, loss of contracts, change in Clients circumstances, business interruptions, loss of or corruption of data or the Client's inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.

12.2 If any exclusion, disclaimer, or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and SOSCN becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from SOSCN negligence) or otherwise, will not exceed the total charges paid by the Client preceding such liability arising.

12.3 Where applicable, the Client must make every effort to secure their Client's name and Passwords, and should not under any circumstance disclose their Client's name and Password details to a third party or by an email request. SOSCN, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or the information, content, materials, or products included on this site. This is a comprehensive limitation of liability that applies to all damages of any kind.

12.4 It is the Clients responsibility to maintain an updated browser, firewall or anti-virus and anti-spyware software. The Client must protect their Computer and ensure they update all security software by downloading the latest security patches from relevant software providers.

12.5 SOSCN cannot guarantee 100% uptime and endeavours to provide Services as described on the website.

12.6 SOSCN will not be held responsible for any delay to the Service if payment is not received pursuant to clause 8.1 hereof.

12.7 SOSCN is not responsible for advice not taken or used by the Client or the mis-use of advice or information generated as a result of SOSCN's Services.

12.8 SOSCN is not responsible for any services purchased by the Client other than those Services provided by SOSCN.

12.9 With regards the accuracy of the Information, SOSCN cannot be held responsible for any changes in the political landscape, or government policy after the Services is delivered.

12.10 SOSCN is not responsible for third party mistakes (including accuracy of third-party documentation or websites or content gathered during any research), or external delays and will not accept delay in payment to us from you as a result of such circumstances.

12.11 The Service is based upon SOSCN assessing and delivering the content at the time the Service is being delivered. SOSCN cannot be responsible for changes to legislation after the Service is delivered.

13. Force Majeure

13.1 SOSCN shall not be liable to you or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control:

13.1.1 act of god, explosion, flood, tempest, fire, or accident; weather.

13.1.2 technical problems, external circumstances preventing suppliers delivering against deadlines or preventing delivery of third party against agreed commitments including online access to Services.

14. Statutory Information

This website is owned and operated by:
Scottish Out of School Care Network, known as SOSCN.
A limited company with charitable status registered in Scotland
(Company Number: SC200662; Scottish Charity Number: SC020520),
with the registered office at
Floor 4,
41 St Vincent Place,
Glasgow, G1 2ER.
Website : soscn.org
Email : info@soscn.org

15. Privacy and Data Protection

Please read our Privacy Policy. You hereby warrant that the supply of any other person's personal information (as defined in the Data Protection Act 1998) is made on behalf of and with the express permission of the other party concerned.

16. Assignation

SOSCN shall be entitled to subcontract, assign, or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Client may not assign or transfer any of your rights or obligations without our written consent.

17. General

17.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it and the operation of these Conditions shall be governed by, construed, and interpreted in accordance with the law of Scotland and you agree to submit to the jurisdiction of the Scottish courts.

17.2 Failure or delay by SOSCN in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.

17.3 The illegality, invalidity, or unenforceability of any part of this Agreement will not affect the legality, validity, or enforceability of the remainder.