TERMS AND CONDITIONS FOR COURSES, COMMERCIAL TRANSACTIONS, CONTRACTS AND WEBSITE USE

The UltimateNavigationSchool.co.uk, and .com websites, ‘Ultimate Nav’ and ‘UNS’ are trading styles of the Ultimate Navigation School, a Scottish Charitable Incorporated Organisation (SCIO) registered in Scotland number SC046864, registered at Ramshead, Cavers Gardens, Scotland TD9 8LN.

The use of our Website (www.ultimatenavigationschool.co.uk, or .com, the site or website, or UNS, or ‘the Company’) is subject to the terms and conditions set out below. Please take a moment to read these terms and conditions carefully. By using or accessing any of our Website(s), or by booking and/or attending a course provided by us, you agree to be bound by the following terms and conditions.

Copyright

The copyright and material on this website is owned by UltimateNavigationSchool.co.uk and is protected by the copyright laws of the United Kingdom. The material on this website may not be republished, stored or reproduced in any manner, including but not limited to electronic reproduction, without the prior written consent of UltimateNavigationSchool.co.uk. Any unauthorized downloading, retransmission, or other copying or modification of any of the contents of this website may be in breach of statutory or common law rights which could be the subject of legal action. UltimateNavigationSchool.co.uk disclaims all liability which may result from any unauthorized reproduction or use of the information on this website.

Liability

UltimateNavigationSchool.co.uk shall not be liable for any direct or indirect, special, incidental or consequential damages, including the loss of profits, business revenue or goodwill arising from the use or access of or inability to use or access, interruption or availability of this website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use.

Warranties

The information, materials and functions contained in this website including text, graphics, links or other items are provided on an “as is” basis excluding any warranty whatsoever, express or implied, including but not limited to warranties of satisfactory quality, fitness for a particular purpose or freedom from computer viruses. UNS excludes any liability for any errors in or omissions from information, materials and functions included in this website or any third party Websites linked to or from this website.

Jurisdiction

This website is intended to be accessed by persons located in the UK and UNS makes no representation that any information, materials or functions included in this website are appropriate for use in any other jurisdiction. However, if you are unsure whether the products and services referred to on this website are available to you, please email us at: hello@UltimateNavigationSchool.co.uk. People outside of the UK may book courses and attend the school in the UK, visiting from any country other than those excluded from trade with the UK by the UK Government, so long as they have any appropriate visa to attend the course as required by the UK Government at the time and accept these terms and conditions bound by the laws within the United Kingdom.

Personal Data & Privacy Policy

As the Internet is not a secure medium of communication, UltimateNavigationSchool.co.uk cannot guarantee the security of any information you input on this website or send to us on the Internet. UltimateNavigationSchool.co.uk is not, and will not be, responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.

To minimize the possible risks associated with the provision of personal data, every on-line application on this website is encrypted. A secure communications link, called a Secure Socket Layer (SSL), encrypts all the information passed between your browser and UltimateNavigationSchool.co.uk online applications.

By agreeing to these terms and conditions we may contact you about services or products offered by us.

Contact for these purposes may be by post, phone, email, SMS or by other means as we may agree with you from time to time. This will override any registrations you may have with any preference services.

If you do not wish to receive on-going contact from us please send a request in writing to: hello@UltimateNavigationSchool.co.uk.

Or write to us at The Ultimate Navigation School, Ramshead, Cavers Gardens, Scotland TD9 8LN.

Web Links

The provision of UltimateNavigationSchool.co.uk of a link to another Website does not constitute any authorization by UltimateNavigationSchool.co.uk to the user to access material held at that location, nor is it evidence of any endorsement by UltimateNavigationSchool.co.uk of the material held there. UltimateNavigationSchool.co.uk accepts no responsibility or liability for the privacy of your personal information on such Websites, as these are beyond our control, UNS will accept no responsibility or liability in respect of any materials on any Website which is not under its control.

Website Problems

This website has been extensively tested and should work properly at all times. However, if you experience a problem at any time, please return to the homepage and try again. If the problem persists you can contact us by following the link on the ‘Contact Us’ page.

Enforceability

In the event any provision of these terms and conditions of use and access to this website is held unenforceable, it will not affect the validity and enforceability of the remaining provisions and will be replaced by an enforceable provision that comes the closest to the intention underlying the unenforceable provision.

Information

Information provided in this website is believed to be reliable when posted. However, UltimateNavigationSchool.co.uk cannot guarantee that information will be accurate, complete and current at all times. All information on this website is subject to modification from time to time without notice.

Governing Laws

The terms and conditions of use of this website shall be governed by and construed in accordance with the laws of England and Wales.

Contact

You may contact the Ultimate Navigation School by email to Hello@UltimateNavigationSchool.co.uk or writing to us at Ramshead, Cavers Gardens, Hawick, TD9 8LN, Scotland.

Complaint Policy

We aim to provide a high standard of service however we understand that there are times when our customers may be unhappy. In such cases we would welcome feedback and the opportunity to put things right. We aim to ensure that all complaints are handled and resolved as quickly as possible and to the complete satisfaction of our customers.

Making a complaint

You can make a complaint to us in a number of ways:

By emailing Hello@UltimateNavigationSchool.co.uk

By writing to us at Ramshead, Cavers Gardens, Hawick, Scotland.
Please provide us with as much information as possible so that we can understand and investigate your complaint efficiently. This information should include:

Your full name and address and a daytime contact telephone number;

Full details of your complaint;

Any course references given;

Details of what you would like us to do to put things right;

Any Screen shots or copies of material from us you wish to complain about.

How we will deal with your complaint

We will endeavour to resolve your complaint straight away however this might not always be possible. In that event we will send you a written or electronic acknowledgement of your complaint within 5 business days of receipt; this will identify the person who will be dealing with your complaint. If possible, this will not be the person directly involved in this matter or any person who may be the subject of your complaint. The person who will deal with your complaint will have the authority to settle your complaint.

Within four weeks of receiving your complaint, we will provide you with a final response that adequately addresses your complaint or confirm to you that we are not yet in a position to resolve your complaint and indicate when we will contact you further regarding this matter.

Within eight weeks of receiving your complaint, we will endeavour to provide you with a Final Response Letter. If however we are not in a position to do so we will write to you explaining why we are still unable to give a final response, giving the reasons for the delay, indicating when you should expect to receive a final response.

We want to provide the best service we can and the best way to resolve the complaint may be for us to contact you by phone and speak with you about it. You will always find us willing to help provide a service we can be proud of.

We have not needed our complaints policy as yet and would like to keep it that way, so please contact us and if we can help put things right, we will.

Privacy Policy

(“We”) as the Ultimate Navigation School are committed to protecting and respecting your privacy. Our Privacy Policy applies to all customers who visit our website.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting wwwUltimateNavigationSchool.co.uk you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is the UltimateNavigationSchool.co.uk whose registered office is at Ramshead, Cavers Gardens, Hawick, Scotland TD9 8LN.

We do not store credit card details nor do we share financial details with any 3rd parties.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you:

Information you give us. You may give us information about you by filling in forms on our site http://ultimatenavigationschool.co.uk (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you complete the online course application and search for a product. The information you give us may include your name, address, e-mail address and phone number, debit/ credit card information, and personal information.

Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, and may receive information about you from them.)

Telephone calls that you make to our customer services team may be monitored and/or recorded. This will help us to train our staff and improve our service to you.

To register with us, or attend a course, you must be 18 years of age or older.

COOKIES

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them request a copy of our cookie policy by emailing us at hello@ultimatenavigationschool.co.uk.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

Information you give to us. We will use this information:

to carry out our obligations arising from any course agreement entered into between you and us and to provide you with the information and products that you request from us;

to permit any of our Group Limited companies to provide you with information about services we feel may interest you and to notify you about changes to our service;

to send to our business partners to provide you with merchandise, accommodation or other products and services relating to your course;

to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

as part of our efforts to keep our site safe and secure;

to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

to make suggestions and recommendations to you and other users of our site about products or services that may interest you or them.

Information we receive from other sources. We may combine this information with information you give to us and information we collect about you.

DISCLOSURE OF YOUR INFORMATION

We may share your personal information with any company within our group which includes our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may share your information with selected third parties including:

Companies providing our merchandise and hotel accommodation, and our course instructors, analytical and search engine providers that assist us in the improvement and optimization of our site.

We may disclose your personal information to third parties:

If UNS or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of UNS our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection.

 

YOUR RESPONSIBILITIES
COURSE APPLICATION FORM AND ATTENDING THE COURSE

It is your responsibility to review and check the values entered to ensure that they are accurate, correct and specific to your circumstances.

By submitting your details and agreeing to the terms of this privacy policy you accept and expressly consent to the use and disclosure of your personal information in the manner described.

By completing the course application form you are advising UNS that you are fit and capable of undertaking moderate physical activity (hillwalking) and you have no medical conditions, or current professional medical advice, that advises you that you should not undergo moderate physical activity, or may be at risk from doing so. You are also advising UNS you have the skill, ability and experience suggested for the course you are undertaking. (Note Foundation level assumes no prior skills or experience or ability in navigation, but that you are still able to safely undergo moderate physical activity and you are appropriately dressed and will carry with you the necessary equipment for activity in wild places as per the list we recommend to you).
If you provide us with false or inaccurate information or we identify fraud, details may be passed to other organizations involved in crime and fraud prevention including law enforcement agencies who may then access this information. You will also be excluded from any course and will not be entitled to any refund.

By applying for a course with UNS, you agree that you will advise the course instructor of any condition arising after application, that may prevent you from undertaking the course and moderate physical activity, before attending the course.

If you enter a course in the knowledge that you should not undergo moderate physical activity (hillwalking), you indemnify the Ultimate Navigation School from any and all liability of any incident, accident, illness or condition arising from attending the course; save any incidents that you cannot indemnify us from by law. Always seek medical advice prior to attending a course if you are unsure. At all times on the course you agree to accept and follow all reasonable safety advice and guidelines given to you by the Instructor or the company.

If you advise us of any condition before hand, we may be able to modify your course so you can still participate safely, but it will be at the sole discretion of the instructor.

We and other organizations may access and use from other countries the information recorded by fraud prevention agencies.

Your data may also be used for other purposes for which you give your specific permission or, in very limited circumstances, when required by law or where permitted under the terms of the Data Protection Act 1998.

YOUR RIGHTS/OPT-OUT

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at hello@ultimatenavigationschool.co.uk

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

RISKS

The contract shall be formed when the company acknowledges acceptance of the customers booking form and required payment.

Participation in adventurous activities entails some risk of injury. All staff employed by UNS are trained to run activity sessions and will at all times proceed in a manor to limit the risk of injury. However, customers need to accept that accidents and injuries can happen. All applicants must be over 18 years of age. All bookings are on the basis that the customer will, at all times, observe the safety regulations set by the company.

The contract is subject to availability of a course place/date and the acceptance by the customer of these terms and conditions.

COMMERCIAL AGREEMENT – ATTNEDING THE COURSE, FEES and CANCELATION POLICY

Places can only be reserved by the company receiving a completed booking form and a payment in full of the course fee displayed per course.

The credit/debit cards accepted are: Visa, Mastercard.

Refunds will be subject to our cancellation policy below:

Cancellations are subject to refunds as follows:

Cancellation more than 90 days from course start date = Full fee (not including any accommodation charges you booked directly) minus £10 administration charge

Cancellation between 32 days and 90 days (inclusive) from the course start date = 50% of the full course fee (not including any accommodation charge you booked directly).

Cancellation between 0 and 31 days (inclusive) from the course start date- No refund.

Requests to change course will be subject to the cancellation policy and subject to UNS’s sole discretion.

Confirmation of your course will be emailed to you automatically, you should receive it within 2 business days. If you do not receive it please check your junk or spam email boxes. If it did not arrive please email hello@ultimatenavigationschool.co.uk providing details of your booking and personal details.

Please do not send your card or bank details to us. Contact your accommodation directly to cancel and ask for their refund policy.

Requests to change course will be subject to the cancellation policy and subject to UNS’s sole discretion, but we will try to help you if we can.

Gift Vouchers/Gift Coupons- are valid for 1 year from the date of purchase. Gift vouchers are not refundable in any circumstances. A gift voucher may only be used once by one person for payment of a course booking fee only.

 

Cancellation by UNS (the company)

Whilst every attempt is made to ensure that courses/activities actually run, the company will notify the customer of cancellation as soon as practicable where it believes on reasonable grounds that cancellation is necessary due to dangerous and/or unsuitable conditions for the course/activity, serious illness or incident.

In the event of cancellation by us customers will be offered another booking on a different date. UNS cannot refund your additional costs e.g. accommodation deposits, train tickets etc.

Health

Customers participating in courses/activities must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary for some courses, on all the courses/activities customers are expected to be of good general health. All prior injuries and/or serious illnesses must be declared. Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. We reserve the right to refuse a booking, or refuse entry to the course on medical grounds if it is considered to be detrimental to the safety and smooth running of the course, and the customer will not be entitled to any refund.

It is the responsibility of customers with any dietary requirements or allergies to make arrangements directly with accommodation providers for food and drink to meet those requirements and UNS accepts no responsibility whatsoever for any failures to meet the customer’s dietary needs, including avoiding substances the customer may be allergic too. The customer agrees by entering the course to disclose any medical conditions or allergies that may occur during the course, prior to attending, and to discuss them with the course instructor and accommodation providers.

Unruly behaviour

Behaviour that disrupts the smooth running of an event may result in the disruptive customer(s) being excluded.  Any damage caused to property or equipment as a result of unruly behaviour will be charged for. A customer will not receive a refund from a course they are excluded from. Exclusion is at the sole discretion of the course instructor or accommodation provider.

Personal Property

Property belonging to the customer is at all times the responsibility of the customer.

Force Majeure

The company shall have no liability whatsoever in respect of any delay or failure in delivery of any of the courses or of any of the company’s other obligations due directly or indirectly to any cause whatsoever outside the reasonable control of the company including but not limited to act of God, war, invasion, rebellion, riot, civil commotion, disorder, malicious damage, fire, flood, epidemic, quarantine restriction, strikes or other industrial disputes, unusually severe weather or energy supplies.

Limitation of Liability

The company limits its liability to the maximum extent permitted by law as follows;

The company shall have no liability for any loss or damage suffered by the customer or any other person;

As a consequence of any defect in any product caused by abnormal conditions of storage, treatment or handling or any negligence or wrongful act on the part of the customer or its employees or agents;

For any claim arising on an invoice issued more than 3 months before the date upon which such claim is received by the company;

Any failure by the company to perform any part of its obligations in these terms and conditions caused by circumstances beyond its reasonable control.

The company’s liability in respect of death or personal injury caused by the company’s negligence shall be limited to £1,000,000.

Intellectual Property

Copyright and all other intellectual property rights in the products and services shown in the company’s price lists, brochures and other literature shall remain at all time the property of the company. The customer shall acquire no rights in the products and services except as expressly provided for in these terms and conditions.

Photographs

From time to time photographs taken on courses may appear in brochures and promotional material and will be the intellectual property of the Ultimate Navigation School. If customers do not wish to be photographed please raise this with the course instructor at the time.