Terms and Conditions (December 2020 version 1):
1. Introduction
- By using the Scouts365 website, web applications (WebApp), OS installable applications, any hardware or any services offered under the Scouts365 Brand, you, the customer must comply with the following terms and conditions. Failure to comply with the terms and conditions set out henceforth can result in the customer facing penalties including, but not limited to: reduction in service, removal of services, and legal actions. Here on in Scouts365 may be referred to as ‘the company’, ‘us’, ‘we’; and the customer may be referred to as ‘you’, ‘the client’, ‘the user’, or the ‘end user’.
2. Right to make changes to the agreement
- This agreement is made by, and on behalf of, Scouts365 Ltd. Scouts365 regularly reviews this document and may make changes at our discretion. We reserve the right to add, remove, or alter any clauses within the terms and conditions.
- When a change is made all registered users will be contacted by their provided emails within 7 days, with an updated copy provided, from the terms.conditions@scouts365.co.uk email address. In addition, the terms and conditions page on the website will be updated for all nonregistered users to be able to view within 7 days.
- To fulfil our requirement to ensure all of our policies are up to date, these Terms and Conditions will be reviewed at a minimum of every two years with previous versions being found on: http://archives.scouts365.co.uk/legal .
3. User guidelines (rules, restrictions, requirements)
- All users are expected to act withing the law and prevent the publishing of copyrighted, trademarked, patented works, or work that are likely to cause material, financial or emotional distress to other users on our products/services. Should a user encounter such works as listed above, the user is required to report the offending articles to Scouts365 staff or authorised representative at the earliest possible opportunity. Should this not happen, and a user persistently fails to report such prohibited works, the user is considered as equally guilty as the person who uploaded it. Such reprimands can be including, but not limited to, temporary bans from the Scouts365 services, permanent bans from the Scouts365 services, however, can include legal proceedings.
- All users are expected to uphold themselves in a professional manner, and should not make personal information of the user, or other users public, except where required for the functionality of the Scouts365 functionality in an officially sanctioned method.
- All users are expected to not swear, not use profanities , or language that would not be considered safe for a younger audience.
- For specific User Guidelines on individual platforms/services offered by Scouts365, please view the correct document on our website (https://www.scouts365.co.uk).
4. Copyright and intellectual property
- All assets of Scouts365 (except when otherwise stated) are protected by copyright and intellectual property laws.
- Scouts365 has automatic copyright protection which will be exercised if a breach of copyright laws is encountered, fully legal action will be taken to protect our assets and property.
- On certain aspects of Scouts365 property and assets, patents and/or trademarks will be enforceable to protect our higher value assets.
- For further information please view our Copyright & Intellectual Property Policy
5. Governing law
- Scouts365 is involved in the collection, storage, usage, and limited distribution of personally identifiable information belonging to adults and minors. As a result, we are fully compliant with the General Data Protection Regulation (GDPR) and the derived Data Protection Act 2018.
- As a website, Scouts365 must comply with the Companies Act 2006 by displaying all relevant company information on our website at the bottom of most pages.
- As a seller of goods though our website (known as e-commerce) we have to comply with The Electronic Commerce (EC Directive) Regulations 2002. We comply with this by making our checkout and payment system for products as clear and simple as possible, providing all information required by the regulations. Scouts365 also has to comply with the Consumer Rights Act 2015, we do this by ensuring the quality of our products before sale, and have a robust procedure for responding to reports faulty goods as suggested in the 2015 Act.
- To ensure our website is available to as many people as possible, we attempt to comply with the Equality Act 2010 to ensure that visitors to the website are capable of accessing resources and services we offer. The Equality Act 2010 has superseded the Disability Discrimination Act 1995; however, this legislation is still active in Northern Ireland so we are also compliant with this act.
- As a manufacturer of electronic equipment, we are required to comply with CE marking for products sold to the European Union (EU), with these regulations being valid in the UK until 1st January 2022. UK Conformity Assessed (UKCA) regulation are the new requirement for products sold within the United Kingdom (UK). Scouts365 Aim to ensure that all products used meet the requirements set out in the relevant regulations.
- Copies of the Governing Laws can be found here:
6. Warranty/Guarantee disclaimer
- Scouts365 offer the services that we provide ‘as is’ and ‘as available’ with no implied or suggested warranty/guarantee, except for specific products sold with a specific warranty/guarantee attached to them. By using the Scouts365 environment you acknowledge that we have done our best to ensure the products are functional and of high quality, however due to a variety of factors this cannot always be guaranteed. Scouts365 is only responsible for information and services we provide directly to the customer and not any information or services uploaded/advertised by our user base. We will not provide any form of warranty/guarantee, insurance, or protection for consumers against services acquired from a third party, either though or sperate to the Scouts365 Environment.
- No advice, given in writing (digital or paper based), oral, or visually based can constitute as a warranty/guarantee in any form – except when provided in official documentation from Scouts365 as supplied with a product or service.
- Any warranty/guarantee provided with a product is specific to that product/service and cannot be applied to any other products/services provided by Scouts365 Ltd.
- Content language translation services may be used on the Scouts365 environment, please note that due to inaccuracies with automated translation services, the meaning and intended message from text may be changed. The only guaranteed accurate information is on the original English versions of the products/services.
7. Limitation of liability
- Scouts365 will not accept any liability for loss, damage against the customer beyond the requirements of the Unfair Contract Terms Act 1977 (https://www.scouts365.co.uk/file-repo/public/legal/Unfair-Contract-Terms-Act-1977.pdf).
- Except where required by law, all products and services are at the users own risk, and Scouts365 is only responsible for the products are services we produce – not user generated content – and cannot be held responsible for content and/or services supplied by third parties though any links to websites or advice given though our services.
- Scouts365 will always endeavour to prevent problems arising however cannot be held responsible in any way for problems that may arise while using our products and services.
- Should either party attempt to act against these terms of Limitation of Liability, the entire Terms and Conditions may be voided, and legal action may proceed as a result.
8. Termination of accounts/service
- To terminate an account, please contact Scouts365 at the earliest possible opportunity, either by (accounts@scouts365.co.uk) or by phone (01234 567890). There are certain situations where other users can process the termination of an account, these situations are as follows:
- A young person’s / parent’s account can be terminated by a registered Sectional or Group Scout Leader, when no other sections/roles are attached to that account.
- A Sectional Leader’s/Executive Committee (group level) Member’s account can be terminated by a registered Group Scout Leader, District Commissioner, Deputy District Commissioner (only for the Sectional Leader’s section), County Commissioner, or Deputy Country Commissioner (only for the Sectional Leader’s section). This can only happen when the user’s account has no other roles attached to it.
- A Group Scout Leader’s/Assistant Group Scouts Leader’s account can be terminated by the District Commissioner, or the County Commissioner when the Group Scout Leader/Assistant Group Scout Leader have no other roles attached to the account.
- When an account is terminated, except in exceptional circumstances, basic user information will remain in our system to ensure that the integrity, accountability and safety of data stored in our system. Owing to the nature of processing of your data, once entered into our system it is impossible for it to be completely removed afterwards.
9. Cancelling service or subscription
- The cancellation of services and/or subscriptions should be directed over the phone (01234 567890) or via email to cs@scouts365.co.uk where your request will be processed within 5 working days.
- Cancellations will be dealt with on a case by case basis, however, to comply with our legal obligations under GDPR and the Data Protection Act 2018, it is highly likely that we will only be able to permanently deactivate your account/service, and cancel any ongoing payments; however, information held within the service will be retained.
10. Contact information
- Address: Scouts365 Ltd, Road, Village, City, Post Code
- Email: cs@scouts365.org.uk
- Phone: 01234 567890
11. Payment terms
- Payments for Scouts365 are handled by external providers such as WorldPay, PayPal, Google Pay and Apple Pay. These providers are subject to change at any point. By using these methods, Scouts365 cannot access users banking details, ensuring that the privacy of user’s information is always the upmost priority.
- Requests for payment can be made in one of two forms:
- Repeated payments for services offered by Scouts365 will be made by from the official payments@scouts365.co.uk email address, and a confirmation message will also be sent to either a phone number by automated voice message, or mobile phone number via text message. For alternative methods please view our Customer Accessibility Policy. When making the payment the user will be prompted to visit our secured website to make the payment in a ‘traditional’ manner.
- One-off payments will be handled within the website at the time of purchase in a secured webpage to keep user’s banking information private.
- For any purchases of services involving Scouts365 Staff attending a location outside our business premises, there is a mandatory 50% deposit to be paid before the starting date of the requested services. With the remaining 50% to be paid within 7 days (including Saturdays and Sundays).
- Any late payments: beyond 14 days for digital IT services, or hardware purchases/rentals; and beyond 7 days for services involving the attendance of Scouts365 Staff; a penalty fee of 10% will be applied per day until payment is received.
12. Refunds
- Refunds will only be provided under the guidance of the Consumer Rights Act 2015, or in exceptional circumstances once communication has been established with Scouts365 either by phone or by email to cs@scouts365.co.uk.
- Refunds will be processed on a case by case basis and any refunds made will be at the discretion of the staff at Scouts365 Ltd. A refund can be challenged or appealed by contacting Scouts365 Ltd though our legal@scouts365.co.uk email address or via telephone.
13. User-generated content
- Scouts365 is not responsible for any content uploaded, produced on, or provided, or accessible as a result of advertisement, to Scouts365 products/systems.
- Scouts365 will make all reasonable attempts to monitor and remove any content that is not compliant with our ideals, however it is ultimately up to individual users to ensure that texts, works, or similar assets uploaded to the Scouts365 environment.
14. Acceptance of this policy:
- By using the Scouts365 products and services, the user is agreeing to the terms and conditions set out within this document and failure to comply can have various consequences including legal action being brought against the user for breaches.
- Failure to accept these terms and conditions when using the scouts365 environment will result in the user not being granted access to the website and internet-based services.
- If you are using the products and services offered Scouts365 without accepting the terms and conditions set out, the user is assumed to know about the terms and conditions and will be held to the same standard, terms, and conditions as set out in this document.
This policy entitled Terms and Conditions was produced December 2020 and is next due to be reviewed on or before December 2022. Unless this policy is updated before December 2022, the policy will remain active until the end of December 2022.
