National 5 Limited Terms and Conditions

  1. About these terms
    1. These are the terms and conditions on which we supply our National 5 exam preparation courses (“Courses”) to you through our website, www.national5.com, (“Website”). They also include standards with which visitors of our Website must comply at all times when using our Website.
    2. Please read these terms carefully before you sign up for a free trial, enrol in one or more of our Courses or otherwise use our Website. Please note that your enrolment in one or more of our Courses is considered an order for the purpose of these terms. 
    3. These terms tell you who we are, how we will provide our Courses to you, how you and we may change or end the contract, what to do if there is a problem and other important information relating to your use of our Website. 
    4. When we use the words “writing” or “written” in these terms, this includes emails.
    5. Any words following the terms including, include, in particular, for example, such as or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
    6. These terms may be updated from time to time. You should review these terms periodically for changes. 
  2. Information about us and how to contact us
    1. We are National 5 Limited, a company registered in Scotland, and are the owners of the Website. Our company number is SC701168. 
    2. If you wish to contact us for any reason, please email us at support@national5.com.  
    3. If we have to contact you we will do so by email or telephone using the email address or telephone number you have provided to us. 
  3. Our contract with you
    1. Our acceptance of your order will take place when you receive an email containing your order receipt, at which point a contract will come into existence between you and us (“Commencement Date”).
    2. If we are unable to accept your order for any reason, we will inform you of this and will not charge you for the Course(s). This might be because of unexpected limits on our resources for which we could not reasonably plan, for example.
    3. Your subscription to our Course(s) detailed in your order receipt shall begin on the Commencement Date and, unless terminated earlier in accordance with these terms and conditions, shall last for a period of 12 months (“Term”), after which your access to the Course(s) will end. 
    4. If you wish to access the same Course(s) after the expiry of the Term, you will need to purchase the Course(s) again through our Website. For the avoidance of doubt, access to the Course(s) and all data associated with it, such as progress and results, shall expire at the end of the Term and we cannot later retrieve this data if you purchase the same Course(s) again. 
  4. Your rights to make changes
    1. If you wish to make a change to your order please email us at support@national5.com. We will let you know if the change is possible. 
    2. If a change is possible we will let you know about any changes to the price of your order or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. 
  5. Our rights to make changes
    1. We may change any Course or these terms to reflect changes in relevant laws and regulatory requirements during the Term.
    2. If we make any changes to your order, we will notify you promptly.
  6. Your account with us
    1. You will be required to set up an account with us when placing an order by following the instructions on our Website. 
    2. As part of our security procedures, you must treat your account password as confidential. You must not disclose it to any third party or allow any third party to use it to access your account.
    3. Your account is for your use only in accordance with your order. Allowing any third party to access your account shall be considered an abuse of your account and we will be entitled to take such action as we deem appropriate in accordance with Clause 6.4 below.
    4. We have the right to disable or remove your account and general access to our Website at any time if, in our reasonable opinion, you (i) are abusing your account (for example by allowing others to use your login details to access our Course(s)), or (ii) otherwise fail to comply with any of the provisions of these terms. For the avoidance of doubt, you will not be entitled to a refund or any form of compensation from us if we disable or remove your access in accordance with this Clause 6.4. 
  7. Promotions 
    1. We offer a free trial to allow you to ‘try before you buy’. This offer is limited to one free trial per course per person. Multiple enrolments in a free trial by one individual shall be considered a breach of these terms. Please note that use of our free trial is subject to the terms set out in Section 14 (How you may use our Website and its materials). 
    2. You may only claim one promotional or gift code per order. 
    3. Some of our promotional codes are restricted to new customers only. If you are not a new customer, you will be denied permission to use the promotional code. 
    4. We may stop promotions early at any time. 
  8. Your rights to end the contract
    1. We offer a 7-day money back guarantee to our customers on all of our Courses from the Commencement Date. Within this 7-day timeframe, if you change your mind about the order for any reason you can receive a refund of the price you paid for the order. 
    2. To cancel the contract pursuant to Clause 8.1, please let us know by emailing us at support@national5.com and provide your name, the email address associated with your account and the order number. We will use reasonable endeavours to make any refunds due to you promptly.
  9. Our rights to end the contract
    1. We may end the contract for a Course at any time by writing to you if:
      1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
      2. in our reasonable opinion, you otherwise breach any of these terms; or
      3. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Course(s), if applicable.
    2. We will write to you to let you know if we are going to stop providing a Course and provide our reasons for doing so.
  10. If there is a problem with the product
    1. If you have any questions or complaints about any Course, please contact us at support@national5.com.  
    2. If the Course(s) we provide is not what you ordered or is defective, we shall have no liability to you unless you notify us in writing of the problem. We would normally expect that you would tell us within 10 working days of the Commencement Date. 
  11. Price and payment
    1. The price of each Course will be the price set out on the Website. 
    2. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we will be under no obligation to charge the incorrect (lower) price for the product.
    3. We exclusively process all of our Website financial transactions through our third party payment processor, Stripe Inc. We shall have no liability in respect of bankcard payment transaction processing and transmission of funds from you through Stripe Inc.
    4. You acknowledge that the contract and/or any transaction made by you through the Website does not create or imply any partnership, joint venture or trust relationship with us.
    5. We reserve the right to decline, freeze or hold your transaction in certain circumstances for any reason, including for suspected breach of these terms, suspected fraud, anti-money laundering compliance or compliance with economic or trade sanctions.
  12. Our responsibility for loss or damage suffered by you
    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or wilful or deliberate default; for breach of your legal rights in relation to the products, and for defective products under the Consumer Protection Act 1987.
    3. Save as precluded by law, we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Course(s) in question.
  13. How we may use your personal data
    1. We will use your personal data as set out in our Privacy Policy.
  14. How you may use our Website and its materials 
    1. We are the owner or the licensee of all intellectual property rights in our Website and Courses, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. For the avoidance of doubt, title and ownership of all Courses and other material hosted on our Website remains exclusively with us and placing an order does not transfer or pass title or ownership at any time. 
    2. You must not make physical or digital copies in any form of any Courses or other materials hosted on our Website, nor alter, amend, or attempt to alter or amend, any Courses or other materials hosted on our Website.
    3. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
    4. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
    5. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and Courses will cease immediately.
    6. You must not upload any content to, or post any materials on, our Website which is defamatory or in breach of a third party’s intellectual property rights. In such cases, we have the right to remove any posting you make on our Website.
    7. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it although you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    8. Please note that we only provide our Website and Courses for domestic, educational and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  15. Other important terms
    1. While we always use our best efforts to ensure maximum uptime of our Website, we cannot guarantee 24/7 uptime as this is dependent on our third party hosts. We therefore accept no liability for periods of downtime and shall not be liable for reimbursing or compensating you for such periods.
    2. We reserve the right to suspend access to our Website for the purposes of essential maintenance enhancement, updates, modernisation or other work deemed by us as necessary to the operation of our Website. 
    3. We may transfer our rights and obligations under these terms to another organisation. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 
    4. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    6. We shall not be in breach of these terms nor liable for delay in performing, or failure to perform, any of our obligations under these terms if such delay or failure result from a force majeure event out with our control, such as non-performance by our suppliers or subcontractors. 
    7. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    8. These terms are governed by Scots law and any legal proceedings relating to these terms and conditions, their subject matter or formation shall be dealt with exclusively by the courts in Scotland.