Terms and Conditions

Gathering Nature Website Terms and Conditions

This website (the “Website”) is owned and operated by Gathering Nature (the “School”). The School offers the Website, including the information contained within and programs made available via the Website, according to these terms and conditions (the “Terms and Conditions”). By viewing any part of the Website, you accept the Terms and Conditions in full. If you disagree with the Terms and Conditions in whole or in part, you must not use the Website.

You must be at least 18 years of age to use the Website. By visiting the Website, you warrant and represent that you are at least 18 years of age.

Parts of the Website may use cookies. By using the Website and agreeing to the Terms and Conditions, you consent to the School’s use of cookies in accordance with the terms of the School’s Privacy Policy, available at https://gatheringnature.com/returns-policy/

A. Use of the Website and Course Materials

The School owns the intellectual property rights in the Website (including the material on the Website) and all course content and materials. All of the School’s intellectual property rights are reserved except as expressly stated otherwise. You may view, download for study and educational purposes only, and print pages from the Website for your own personal educational use, subject to the restrictions set out in the Terms and Conditions.

Except with the express written consent from the School, you will not:-

  • republish or redistribute any material from the Website;
  • sell, licence, rent or sub-licence any material from or access to the Website;
  • reproduce, duplicate, copy or otherwise use material on this Website for any purpose other than for study and personal educational use; or
  • edit or otherwise modify any material on the Website.

We have worked hard to provide fresh, original content for our students, and we expect our students to respect these efforts. No content from the Website or courses (including photographs) may be shared or sold without our express prior written consent.

B.  Access to and Prohibitions Regarding Use of the Website

To the extent which you access material through the Website by logging in to a user account, you are prohibited from sharing with others your login information or the materials made available to you through your account. All accounts are single-user only. The School may disable your user account at its sole discretion and without notice or explanation.

You are prohibited from using the Website or any content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) in violation of any legislation, regulations or rules in force in Scotland or in any other territory; (d) to infringe or violate the School’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame,  intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or any other website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or any other website.

In the event you breach the Terms and Conditions in any way, the School may take whatever action it deems necessary and appropriate, including cancelling your access to the Website, blocking your access to the Website, blocking computers using your IP address from accessing the Website and/or bringing court proceedings against you.

Upon request, you agree to defend and indemnify the School, their agents, employees, contractors and directors from all liabilities, claims and expenses whatsoever and howsoever arising from your misuse of the Website.

C. Limitations on Liability

You expressly agree that your use of, or inability to use, the Website is at your sole risk. The Website, including any materials or services delivered through the Website, are provided “as is” and “as available”, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The School does not guarantee, represent, or warrant that your use of the Website will be uninterrupted, timely, secure, or error-free. The School does not warrant that the results that may be obtained from use of the Website or materials contained within will be accurate or reliable. You acknowledge that from time to time we may remove the Website or the materials contained within for indefinite periods of time or cancel your access to the Website at any time without notice to you.

In no case shall the School, including our officers, employees, affiliates, agents, contractors, or interns, be liable for any injury, loss, claim, or any direct, indirect, incidental, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability, or otherwise, arising from your use of any part of the Website or any materials procured through or discussed on the Website, or for any other claim related in any way to your use of the Website or any materials contained within, including, but not limited to, any errors or omissions in relation to any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website. This includes but is not limited to the ingestion, application, or other use of alcohol or any poisonous, toxic, or allergenic substance. In the event that you are not of legal age to consume alcohol, the School recommends that you refrain from the purchase, consumption, or use of alcohol in your studies. Any health advice given is intended for information purposes only and it is recommended that you consult with your doctor before following any advice. Please read our Health Disclaimer and Educational Statement available at https://gatheringnature.com/health-disclaimer/. If you elect to disregard any such recommendations, you do so at your own risk, and the School accepts no liability relating to or arising from your activities.

The School may from time to time provide links to useful articles or other websites. These other articles and websites (and any comments made in connection therewith) may contain information or material that some people may find inappropriate or offensive. These other articles, websites and comments are not under the control of the School and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such articles, websites or comments. The inclusion of the link does not imply that the School endorses the article, website or comments. If you access any other article, website or comments from the Website, you do so at your own risk.

Your use of the Website expressly indicates your agreement that the exclusions and limitations of liability set out in the Terms and Conditions or elsewhere on the Website are reasonable.

D. Purchase of Services

Prices for the School’s services offered through the Website, including workshops, classes, and other educational events, are in pounds sterling and may be subject to change without notice. The School reserves the right at any time to modify or remove the Website, including any part thereof, without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

The School reserves the right to refuse any request for enrolment submitted. We may, at our sole discretion, limit or cancel workshops, classes, or other services purchased per person, per household, or per order. These restrictions may include requests placed by or under the same user account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an enrolment, workshops, classes or other services, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of placing the order. 

The School reserves the right to limit or prohibit orders that, in our sole opinion, appear to be placed with the intent to commercially exploit the information provided through the Website and services offered.

You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your contact and payment details, so that we can complete your transactions and contact you as needed. Your credit card information is always encrypted during transfer over networks.

In the event you provide fraudulent information through your enrolment process, including fraudulent payment information, we reserve the right to bring court proceedings against you for any damages we may suffer. You agree to defend and indemnify the School, their agents, employees, contractors and directors from all liabilities, claims and expenses whatsoever and howsoever arising from your providing any fraudulent information.

For more detail, please review our Student Withdrawal and Dismissal Policy available stated below.

Student Withdrawal and Dismissal Policy

Withdrawal

If you enrolled in any of our courses and are not satisfied, or the program doesn’t work for you, we will issue you a full refund within 14 days of your purchase. Contact us by email to request a refund and let us know why the program didn’t work for you. We do not offer refunds after the initial two-week trial period.

Dismissal

Gathering Nature reserves the right to dismiss any student, including terminating access to all or any portion of the website, for violation of the Website Terms and Conditions or other policies or rules set forth by the School. Reasons for dismissal include but are not limited to comments or correspondence (privately, to staff or other students, or in forums) that are deemed by the school to be abusive, discriminatory, or hateful or activities that are or seem to be in violation of the law. Any other conduct which interferes with the educational aspect of the program or which hurts or threatens the welfare of staff or students may be cause for dismissal as well. There will be no refund of any fees paid by a student in the event of dismissal.

E. User Created Content

If, at the request of the School or otherwise, you send certain specific submissions (for example, responses to homework assignments, answers to tests, or responses to blog, public or private forums, or message or bulletin board posts) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

You understand that your Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We may, but have no obligation to, monitor, edit, or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms and Conditions.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary right. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Website or any other website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. The School does not endorse any statement or comment made by a third party and we take no responsibility and assume no liability for any Comments posted by you or any third party.

F. Your Personal Information

Your submission of personal information through the Website is governed by our Cookies, Privacy and Returns Policy, available at https://gatheringnature.com/returns-policy/

G. Copyright Policy

The School respects the intellectual property rights of others and expects users of the Website and students on our courses to do the same. It is the School’s policy to remove any user comments that infringe, or are charged with infringing, the rights of others. In the event a user repeatedly infringes the rights of others, the School may, at its sole discretion, disable and/or cancel the account of such a user, including dropping such a user from any classes, workshops, and/or other educational events without notice and without refunding any fees paid by the user.

The School shall respond expeditiously to claims of copyright infringement by users of the Website that are reported to the School’s Designated Copyright Agent (see details below). If you are a copyright owner, or authorised to act on behalf of same, please report any alleged copyright infringements to our Designated Copyright Agent by written notice containing the following information:-

  • identify the copyrighted work that you claim has been infringed. Should multiple copyrighted works be involved, please provide separate written notices;
  • identify the copyrighted work that you claim has been infringed, including providing sufficient information to permit the School to locate that material;
  • include your contact information: telephone number, address, and email address; and
  • include a statement by you that the information contained in the notice of alleged infringement is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Deliver notice of the alleged infringement to the School’s Designated Copyright Agent at:-

copyright.tribunal@ipo.gov.uk

Telephone: 0207 034 2836

Fax: 0207 034 2826

Monday to Friday, 9am to 5pm

The Secretary 

Copyright Tribunal 

10 Victoria Street 

London 

SW1H ONN 

H. General Conditions

The failure of the School to exercise or enforce any right or provision of the Terms and Conditions or any other policies or rules set forth by the School on the Website shall not constitute a waiver of such right or provision.

The Terms and Conditions, along with any other policies or rules, posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and the School and governs your use of the Website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and the School (including, but not limited to, any prior version of the Terms and Conditions and any other policies or rules set forth by the School).

Any ambiguities in the interpretation of the Terms and Conditions and any other policies or rules set forth by the School shall not be construed against the School.

In the event that any provision of the Terms and Conditions and any other policies or rules set forth by the School is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed, such determination shall not affect the validity and enforceability of any other remaining provisions.

The Terms and Conditions and any dispute arising from or relating thereto and any other policies or rules set forth by the School through the Website shall be governed by the laws of Scotland. Any party who unsuccessfully challenges the enforceability of this governing law provision shall reimburse the successful party for all fees and expenses incurred, including solicitors’ fees and all other outlays.

The School may revise the Terms and Conditions at any time and without notice. Any revised Terms and Conditions will apply to the use of the Website from the date of their publication on the Website. Please visit the Website regularly to ensure your continued acceptance of the Terms and Conditions.