Terms + Conditions

1. INTRODUCTION

1.1 These terms and conditions will govern your use of our website, the contents provided on the website and audio and visual recording shared as part of the website (which hereby will be referred to as the website).

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree or do not act in accordance with these terms and conditions or any part of these terms and conditions, you will be considered in breach and should desist from using our website, as action will be taken against you.

1.3 If you register for any of our courses or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. COPYRIGHT NOTICE

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. PERMISSION TO USE WEBSITE

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) stream audio and video files from our website using the media player on our website;

(e) download documents and other files from our website that are specified on the website as downloadable, store and view them on your computer, and print copies of them, in each case for your own personal use,

subject to the other provisions of these terms and conditions, and providing that you will have no right to access or use materials that are only available under a subscription unless you have purchased a relevant subscription and that subscription is current.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3 You may only use our website for your own personal purposes or with express permission from Amanda Edmiston.

3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5 You must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit or quote material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.6 Notwithstanding Section 3.5, you may redistribute any newsletters where or material where express permission is granted, in electronic form to any person.

3.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. MISUSE OF WEBSITE

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means;

(k) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(l) do anything that interferes with the normal use of our website.

4.2 You must not use data collected from our website to contact users of our services.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website and website services, is true, accurate, current, complete and non-misleading.

5. USE ON BEHALF OF ORGANISATION

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6. REGISTRATION AND ACCOUNTS

6.1 You may register for a members’ account with our website by completing and submitting the account registration form and paying the associated fee for the course(s) or workshop(s) you’ve selected.

6.2 You must not allow any other person to use your account to access the website.

6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person’s account to access the website.

7. USER LOGIN DETAILS

7.1 If you register for a members’ account with our website, you will be asked to choose a user ID and password.

7.2 You must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. CANCELLATION AND SUSPENSION OF ACCOUNT

8.1 We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 8.1.

8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. COURSE AND WORKSHOP SUBSCRIPTIONS

9.1 To subscribe to a course on our website, you must pay the applicable subscription or registration fees during the account registration procedure. You will be sent an automated acknowledgement of your payment. The contract between us for the supply of the website services shall come into force upon acknowledgement of your payment by the payment provider, or in accordance with any express and documented agreement with Amanda Edmiston.

9.2 For as long as your account and subscription remain active in accordance with these terms and conditions and subject to the other provisions of these terms and conditions, you will have access to the course materials and website features specified on our website in relation to the course or workshop for which you have subscribed, for the time specified in the course or workshop details, or if not otherwise specified, for the lifetime of our website.

9.3 Online gatherings via Zoom or Vimeo Live will be recorded, and a video and chat record will be made available to participants and to future purchasers of the recording. If you make a contribution in a recorded gathering, including via chat, you are giving us your consent to record that contribution. If you prefer not to be seen or heard during the gathering, then you can of course switch off or mute your camera or microphone at any time.

10. FEES

10.1 The fees in respect of our website services will be as set out on the website course or workshop registration pages.

10.2 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT if this becomes applicable.

10.3 You must pay to us the fees in respect of our website services in advance, in cleared funds, and/or in accordance with any instructions on our website.

10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a) an amount equal to the amount of the charge-back;

(b) all third-party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 10.6.

10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

11. DISTANCE CONTRACTS: CANCELLATION RIGHT

11.1 No refunds are automatically available, in whole or in part, for online course purchases made through this website.

12. OUR RIGHTS TO USE YOUR CONTENT

12.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website or associated social media channels unless expressly denied.

12.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store and publish such content on and in relation to this website and any successor website.

12.3 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.4 You may edit your content to the extent permitted using the editing functionality made available on our website.

12.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

13. RULES ABOUT YOUR CONTENT

13.1 You warrant and represent that your content will comply with these terms and conditions.

13.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

14. REPORT ABUSE

14.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

14.2 You can let us know about any such material or activity by email.

15. LIMITED WARRANTIES

15.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

15.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice. You will not be entitled to any compensation or other payment upon the discontinuance of any website services if we stop publishing the website due to death or illness or other factors beyond our control.

15.3 To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

16. LIMITATIONS AND EXCLUSIONS OF LIABILITY

16.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2 The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a) are subject to Section 16.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

16.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

16.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

16.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.8 You accept that we have an interest in limiting our personal liability and, having regard to that interest, you agree that you will not bring any claim personally against us in respect of any losses you suffer in connection with the website or these terms and conditions.

16.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.

17. INDEMNITY

17.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

18. BREACHES OF THESE TERMS AND CONDITIONS

18.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

18.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. THIRD PARTY WEBSITES

19.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks do not constitute recommendations and any financial incentive offered to us by a third party will be clearly outlined in connection to the hyperlink.

19.2 We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. TRADEMARKS

20.1 Our course names, logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

20.2 The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. VARIATION

21.1 We may revise these terms and conditions from time to time.

21.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

22. ASSIGNMENT

22.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

22.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. SEVERABILITY

23.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. THIRD PARTY RIGHTS

24.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

24.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

25. ENTIRE AGREEMENT

25.1 Subject to Section 16.1, these terms and conditions, together with our website privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

26. LAW AND JURISDICTION

26.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.

26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

27. STATUTORY AND REGULATORY DISCLOSURES

27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

27.2 These terms and conditions are available in the English language only.

27.3 We are not VAT registered, should our status change in the future we will make this clear in all correspondence and on our website.

28 OUR DETAILS

28.1 This website is owned and operated by Amanda Edmiston, Botanica Fabula, Herbal Storytelling

28.2 Our principal place of business is at 20C Teith road, Deanston, Stirlingshire, Scotland. FK16 6AJ.

28.3 You can contact us by email botanicafabula@gmail.com.