Terms of Supply
Salugen Limited is committed to safeguarding your privacy. Contact us at Data Protection Officer if you have any questions or problems regarding the use of your Personal Data and we will be happy to assist you.
Table of Contents
- Definitions used in this Policy
- Other applicable terms & conditions
- Our courses
- Use of our website
- How we use your personal information
- Our agreement
- Our right to modify these terms of supply
- Delivery of our courses
- Price of courses and other fees
- Payment methods
- Our liability
- Events out with our control
- Communications between you and us
- Other important terms and conditions
- Your right to cancel
- Your consumer right of return and refund
- Your implied rights
- Jurisdiction and applicable law
- Changes to this policy
- Date this policy will be effective from
- Contact information
- Legal entity
The following definitions may appear as either capitalised or not
- Personal data – any information relating to an identified or identifiable natural person
- Processing – any operation or set of operations which is performed on personal data or on sets of personal data
- Data subject – a natural person whose personal data is being processed
- Child – a natural person under 16 years of age.
- We/us/our/Salugen – Salugen Limited
- salugen.uk – Our website
- Agreement – A legally binding agreement or contract between us and a client (you)
- The client or client – You or another legal entity with whom we have a legally binding agreement or contract
- You – The client or another legal entity with whom we have a legally binding agreement or contract
- An event – An event that is out with our reasonable control
2. Other applicable terms and conditions
This policy forms part of our Terms and Conditions and should be read in conjunction with our:
The policies listed above contain but are not limited to information regarding the following subjects:
- What rights you have regarding your personal data
- What personal data we gather about you
- How we use your personal data
- Who else has access to your personal data
- How we secure your personal data
- Updating information we hold about you
- Information about cookies
- Changes to the website
- Access to and availability of the website
- Website accounts and passwords
- Intellectual property rights
- Limitation of our liability for website use
- Viruses, Unauthorised access and DOS attacks
- Links to our website
- Third party websites
- Prohibited uses of our website
- Suspension and/or termination of services and legal action
By agreeing to our terms of supply you also agree to these policies. In the event of any ambiguity that might arise as a result of terms used in our other policies, terms and conditions and these terms of supply, terms in Terms & Conditions shall prevail.
Please review these terms of supply before purchasing from the site
These terms of supply (together with all documents which are referred to herein) set out the terms and conditions by which you may purchase and use courses/materials on our website, salugen.uk, as a registered user or by any other reasonable means. Use of this website includes registering as a user as well as accessing or browsing it. Purchase and use of our courses and associated materials is not possible as a guest user.
By making purchases on this website, you agree to accept these terms of supply. If you do not agree to these terms of supply, then you must not make purchases on our website.
Please review them carefully and understand them before registering for or purchasing any of our courses.
Please note that before registering or purchasing you will be asked to agree to these terms of supply. If you refuse to agree to any of these terms of supply, you will not be able to register for or purchase any courses on our website or by any other means.
3. Our courses
The copyright and all other intellectual property rights in our courses, the content of them and associated materials is owned solely by Salugen Limited and you may not copy or reproduce any part of them unless you have obtained a licence from them.
We only supply and distribute courses under licence from Salugen Limited for internal use by you or others within your business or organisation, and you agree not to use them or permit them to be used for any resale purposes.
4. Use of our website
Your use of our website is governed by our Terms and Conditions. Please take the time to read this policy document, as it includes important terms and conditions which apply to you and the agreement between you and Salugen Limited.
5. How we use your personal information
Unless and until data protection regulations are no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws including the Data Protection Act 2018, regulations and secondary legislation, as amended or updated from time to time, in the UK and any successor legislation, any laws that replace, extend, re-enact, consolidate or amend any of the foregoing, will apply.
We and you as joint data controllers warrant to act, at all material times, in accordance with data protection law.
We and you further warrant:
- to process shared personal data only for the permitted purpose which is the provision of training and reporting either online via our website and learning management system or by any other reasonable means;
- not to disclose or allow access to the shared personal data to anyone other than you or us, unless obliged to under law;
- that all shared personal data is accurate, up to date and has at all times been collected, processed, stored and transferred in accordance with all applicable laws;
- that all data subjects have been provided with sufficient information to enable fair, transparent and lawful processing and that you and we have all relevant permissions and consents to share the personal data with each other;
- that the shared personal data is transferred in a secure manner using appropriate security measures that comply with the obligations of each data controller under data protection law;
- to keep all notices and records up to date and accurate and to allow the other joint data controller, from time to time, access to the notices and records;
- not, by any act or omission, cause the other joint data controller (or any other person) to be in breach of any data protection law;
- to notify promptly (and in any event within 10 business days) the joint data controller when it becomes aware of:
- any change of circumstance which will, or may, or is alleged to impact on the lawfulness of the processing of the shared personal data;
- any change in consent or other requests from any data subjects in respect of the shared personal data;
- any inaccuracies in shared personal data;
- any complaints in respect of the shared personal data;
- any personal data breach including notification of the data protection Supervisory Authority and or data subjects impacting or relating to any shared personal data
- to retain its own obligations in respect of shared data it receives and will promptly co-operate with and provide reasonable assistance, information and record to assist each other with our respective compliance with data protection law and in relation to all complaints and data subject requests;
6. Our agreement
You confirm that you have sufficient authority to bind any business on whose behalf you use our site to book and pay for any courses.
You acknowledge and agree that in entering into this agreement you do not rely on any statement, representation, or warranty (even if made innocently or negligently) that is not set out in these terms of supply or any document expressly referred to in them.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
7. Our right to modify these terms of supply
We review and modify these terms of supply from time to time. Please see below as to when these terms of supply were last updated.
Every time you order courses from us, the terms of supply in effect at the time of your order will be the ones applicable to the agreement between you and us.
8. Delivery of our courses
All courses that are online will be deemed to have been delivered once details for access to them have been provided in an order confirmation email to the email address you give us at time of purchase. Occasionally, our delivery to you may be affected by an event out with our control.
Subject and without prejudice to these terms of supply, courses delivered by other means will be deemed to have been delivered when we have fulfilled our obligations in accordance with any additional agreement over and above these terms of supply which is specific to a particular client or contract. Occasionally, our delivery to you may be affected by an event out with our control.
9. Price of courses and other fees
All pricing will be clearly displayed on the site at the time of purchase. If pricing is not clear or you have an enquiry about pricing, please contact us by emailing Customer Service and we will endeavour to provide the information you require.
Prices for our courses may vary from time to time, but changes will not affect any order you have already placed.
The price of a course excludes VAT.
Discounts are available for buying multiple courses and/or for multiple users. Please contact us by emailing Customer Service for further information.
10. Payment methods
You can pay for courses:
- By bank transfer
- By using a debit card or credit card online
Payment and any applicable payment processing fees for courses must be made and confirmed in advance of you receiving confirmation and/or access details to the courses you order.
11. Our liability
Nothing in these terms of supply limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation
Subject to the opening sentence in this clause, we will under no circumstances be liable to you, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the agreement for:
- any loss of profits, sales, contracts, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time;
- any indirect or consequential loss
Subject to the opening sentence in this clause, our total liability to you in respect of all losses arising under or in connection with the agreement, whether in agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the courses save to the extent that cover is provided under our professional liability insurance.
To the extent permitted by law, we hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for loss or damage incurred by any user in connection with the use, inability to use, or results of the use of our websites, any websites linked to them and any material posted on them;
- any liability for any bugs or faults in our systems or tools;
Except as expressly stated in these terms of supply, we do not give any representation, warranties or undertakings in relation to our courses. Any representation, condition or warranty which might be implied or incorporated into these terms of supply by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the courses are suitable for your purposes or the purposes of any learner within your organisation who is intending to do a course.
12. Events out with our control
We will not be liable or responsible for any failure to fulfil, or delay in fulfilment of, any of our obligations under an agreement that is caused by an event out with our control. An event out with our control (hereafter referred to as an event) means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or third party online computing platforms.
If such an event takes place that affects the performance of our obligations to you:
- we will contact you as soon as reasonably possible to notify you;
- our obligations will be suspended and the time for fulfilment of our obligations will be extended for the duration of the event
Where such an event affects our delivery of courses to you, we will arrange a new delivery date with you after the event is over.
You may cancel an order which has been affected by such an event for more than 30 days. To cancel please contact us by emailing Customer Service.
13. Communications between you and us
When we use the term, in writing, this will always include email.
Any notice or other communication given by you to us, or by us to you, which has a material impact on an agreement shall be in writing and shall be:
- delivered personally;
- sent by pre-paid first-class post
- sent by other next working day delivery service
- by email
A notice or other communication shall be deemed to have been received:
- if delivered personally:
- when left at our or your registered office;
- if sent by pre-paid first-class post or other next working day delivery service:
- at 9.00 am on the second business day after posting
- if sent by email:
- one business day after sending
In proving the serving of any notice, it will be sufficient to show, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the contact email addresses provided to each other at the time the agreement was made or previously amended.
The provisions of this clause shall not apply to the serving of any proceedings or other documents in any legal action.
14. Other important terms and conditions
We may transfer our rights and obligations under this agreement to another organisation, but this will not affect your rights or our obligations set out under these terms of supply.
You may only transfer your rights or your obligations under these terms of supply to another person if we agree to this in writing.
This agreement is between you (the client) and us. No other person shall have any rights to enforce any of the terms contained in it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
If we fail to insist that you carry out any of your obligations under this agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any further default by you.
The following clauses only apply if you are an individual:
15. Your right to cancel
You have a legal right to cancel an agreement under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013 during the period of 14 days after the date you receive confirmation in writing of your purchase or order. This means that during this period if you change your mind or decide for any other reason that you do not want a course, you can advise us of your decision to cancel the agreement and receive a refund provided that you first return to us any certificates which may have been issued by us. Information and advice about your legal right to cancel the agreement is available from your local Citizens Advice Bureau or Trading Standards office.
To cancel an agreement in accordance with your legal right to do so, you just need to email us and tell us that you have decided to cancel. Please provide full details of your order to allow us to identify it on our system. Your cancellation will take effect from the date on which we receive your email.
16. Your consumer right of return and refund
We are under a legal duty to supply courses that are in conformity with this agreement. As a consumer, you have legal rights in relation to courses that are defective or not as described. These legal rights are not affected by your right to cancel or other rights contained in this agreement.
In this case, we will usually provide you with a refund of the price of the course or courses in full on the debit or credit card that you used for payment or by another method subject to our agreement and your original method of payment. We will inform you at the time of cancellation of the reasonable timescale for funds to appear in your account.
17. Your implied rights
We do not in any way exclude or limit our liability for any breach of these terms and conditions implied by the Consumer Rights Act 2015 (including with regard to digital content corresponding with description, fitness for purpose and being of satisfactory quality) and your rights under that Act.
18. Jurisdiction and applicable law
Any dispute or claim arising out of this agreement or in connection with it or its subject matter or formation (including disputes or claims arising outside the scope of this agreement) shall be governed by and construed in accordance with the law of Scotland.
We both irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute or claim which arises out of or in connection with this agreement or its subject matter or formation (including disputes or claims arising outside the scope of this agreement).
19. Changes to these terms of supply
We have the right to revise and amend these terms of supply and other policies or documents mentioned herein from time to time. You will be subject to the terms of supply in force at the time that you make a purchase on our website or by any other legal and reasonable means. Please ensure that you check this page on a regular basis as any changes are binding upon you.
If any provision within these terms of supply and other policies mentioned herein is held by any competent authority to be invalid or unenforceable (in whole or in part) the validity of the other provisions of these terms of supply and the remainder of the provision in question shall not be affected.
20. Date this policy will be effective from
Effective from: 1st March 2022 (01.03.2022)
21. Contact information
If you have any questions regarding these terms of supply or any policy or document mentioned herein, contact us by emailing Customer Service or by post to: Customer Services, Salugen Limited, Easter Buchat, Glenbuchat, Strathdon. AB36 8TQ
22. Legal entity
This website, salugen.uk, is owned and operated by Salugen Limited
Registered company no: SC487249 (Scotland)
Registered address: Easter Buchat, Glenbuchat, Strathdon. AB36 8TQ
Nature Nurture® is a registered trademark wholly owned by Salugen Limited.
Nature Nurture is a business name of Salugen Limited.