Terms and Conditions ("Conditions") form a legal Agreement between
you and Abertay (defined below).
1.1 In these Conditions, the following words shall have the meaning set opposite:-
"us", “we” or "our"
||means The University Court of the University of Abertay Dundee, a charity registered in Scotland (Registered Number: SC016040) and having its main office at Kydd Building, Bell Street, Dundee;|
|"Alumni Update Form"||means the form on the Website for use in updating members details;|
|"Goods"||means the goods advertised for sale on the Website, including but not limited to, jumpers, t-shirts, stationery, ties, scarves, brochures and folders;|
|"Intellectual Property"||means patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names, domain names, rights to goodwill, rights in designs, rights in computer software (including source code and object code), database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and similar or equivalent rights which subsist or will subsist now or in the future in any part of the world;|
|"Order"||means a request to purchase Goods submitted through the Website;|
|"Personal Information"||means the personal information provided by you to us when submitting a Study Application Form, Alumni Update Form, making a Purchase or otherwise;|
|"Purchase"||means the purchase of Goods made by you submitting an Order and making payment for the Goods as detailed in Clause 4;|
|"Study Application Form"||means the application form that is available on the Website to download and which you can send to us to apply to study one of the part-time undergraduate courses or any postgraduate course offered by us; and|
means the Website located at www.abertay.ac.uk and any subsequent URL which may replace it.
1.2 Reference to any statute, enactment, order, regulation or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation or instrument as amended or as contained in any subsequent re-enactment hereof.
1.3 All headings in these Conditions are for ease of reference only and shall not affect the interpretation or construction of the Conditions.
2.1 We reserve the right to modify or withdraw temporarily or permanently this Website or any part thereof with or without notice to you.
2.2 You must abide by all applicable laws and regulations in connection with your use of the Website.
2.3 You shall ensure that any Personal Information which you are required to submit is true, accurate, correct and complete in all respects.
2.4 You will notify us immediately of any changes to any Personal Information.
2.5 You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when using this Website.
3.1 Goods can be purchased using an order form available at http://www.abertay.ac.uk/alumni/merch/.
3.2 Once we have received your Order and payment for the Goods, we will then send you a confirmation email, confirming among other things your Order, price of the Goods ordered, delivery details and your rights in respect of termination. When you receive this confirmatory e-mail, a contract between you and Abertay is formed.
3.3 We will advise you in the confirmation e-mail if the Goods ordered are out of stock. Under such circumstances we will provide you with an estimate of when the Goods will be in stock and when they will be delivered to you. If, for any reason, you do not wish to delay your Order until such time as the Goods are in stock, we will refund any monies paid.
3.4 The Goods which have been ordered will generally be despatched by Royal Mail within 48 hours of receipt of payment by us. Alternative options may be arranged at an additional cost.
3.5 The Goods will be at your risk from the time of delivery to you. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
3.6 If you order Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
3.7 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
4.1 The price of any Goods will be as quoted on the Website from time to time, except in cases of obvious error.
4.2 These prices include VAT but exclude delivery costs for Goods, which will be added to the total amount due as set out in our order form, which is available at http://www.abertay.ac.uk/alumni/merch/.
4.3 Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a confirmatory e-mail in terms of Clauses 3.2.
4.4 The Website contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on the Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of any Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of Goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your Order and notify you of such rejection.
4.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a confirmatory e-mail in terms of Clause 3.2 above, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.6 Payments can be made by sending a cheque with the order form, or by credit or debit card over the telephone. We accept Visa, Visa Delta, Visa Electron, Master Card, American Express, Switch, Solo, Maestro, UK and GCB.
4.7 All credit/debit card payments are subject to validation checks and authorisations by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us, we will not accept your Order in accordance with Clause 3.2.
5.1 Orders can be cancelled up to 7 working days after the day on which you receive the relevant Goods. If you wish to cancel an Order you can do so by emailing firstname.lastname@example.org. Notification that your Order has been cancelled will be sent to your email address.
5.2 Refunds will only be given where cancelled Goods are returned to us undamaged and unused within 14 working days of cancellation, along with the original packaging. Subject to paragraph 5.3 below, you will be liable for the costs of returning cancelled Goods. Refunds will be made within 14 working days after cancellation. Any Orders cancelled after the period referred to in Clause 5.1 above or in respect of which the Goods are not returned within 14 working days of cancellation in terms of this Clause 5.2, will not be eligible for a refund.
5.3 We will refund the costs of returning any Goods which are faulty or damaged, or any Goods which are offered as a substitute to that Order. The cost of returning any Goods will generally be refunded within 14 days of us receiving the Goods.
6.1 To apply for a full-time undergraduate course, you should apply via UCAS.
6.2 To apply for a part-time undergraduate course or any post-graduate course you can download a Study Application Form from the Website and submit it directly to Abertay. On receipt of a Study Application Form in accordance with this Clause 6.2, we will assess whether you are deemed as an "overseas" applicant in accordance with the Education (Fees and Awards) Regulations 1997. Any Study Application Form received from an overseas applicant will be subject to a non-refundable application fee. Abertay will contact overseas applicants directly in this regard.
6.3 You must read the full terms and conditions applicable to studying at Abertay as both an undergraduate and post graduate student. Please email email@example.com to receive a copy of these terms and conditions.
6.4 Once we have received your UCAS application, Study Application Form and, in relation to Clause 6.2 the application fee, we will consider your application and will respond to you in writing confirming whether (i) we will offer you a place on the requested postgraduate or undergraduate course, (ii) any other conditions attached to the offer and (iii) information as to the enrolment process. For the avoidance of doubt, it is at our discretion whether we offer you a place on the requested course.
If you are a member of Abertay's Alumni, you can update your details by submitting a Alumni Update Form. Upon receipt, we will confirm by email: (i) whether your details have been updated; and (ii) any other information applicable to Alumni members.
9.1 You must not attempt to gain unauthorised access to the Website or any Records, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or distributed denial of service attack.
9.3 While we take every reasonable precaution, we cannot guarantee that any material which you download from or access on the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and we shall have no liability if the same are transmitted during the course of using the Website. You should therefore ensure that you have appropriate protection against viruses and other security arrangements in place whilst using the Internet. You must not misuse the Website by knowingly introducing any viruses, trojan horses or other codes containing contaminating or destructive properties.
10.1 You acknowledge and agree that all Intellectual Property Rights in the Website and in all material or content supplied as part of the Website shall remain at all times vested in us and/or our licensors. You are permitted to use this Website and the material and content contained therein only as expressly authorised by us.
10.2 You acknowledge and agree that the material and content contained within the Website is made available to you as a user of the Website for your own personal reference purposes, to enable you to make a Purchase or to submit a Study Application Form or an Alumni Update Form. You may print off or download from the Website for these purposes only. Any other use of the material and content of the Website is strictly prohibited.
10.3 You agree not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content of the Website. You further agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of the Website and in particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of this Website. You may not create and/or publish your own database that features substantial parts of this Website.
11.1 Except as otherwise expressly provided, we make no representation or warranty and expressly exclude the same whether express, implied or otherwise insofar as permitted by law.
11.2 We warrant to you that any Goods purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.3 The information, material and services provided on the Website are provided on an 'as is' and 'as available' basis. Although every reasonable effort has been made to ensure that the information and material on our Website was complete and accurate at the time of publication, it is subject to variation at any time without notice and we give no warranty whatsoever that any information or material on the Website will be accurate or complete at any particular time or at all. We shall not be liable for the content of or any omissions from the Website, including any inaccuracies, errors or misstatements in the data available.
11.4 We have not reviewed any of the sites that may be linked to this Website and are not responsible for the content of any linked pages or other sites linked to this Website. We have no responsibility or liability arising from the content of any linked pages or link sites or for any error, defamation, omission, obscenity or inaccuracy contained in any information therein.
11.5 We will not be liable to you for any damage to or loss of data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity or for any special, indirect or consequential loss or damage howsoever arising.
11.6 Subject to Clause 11.7 below, our entire and aggregate liability to you in relation to any matters relating directly or indirectly to the Goods and arising under these Conditions or otherwise, including under the laws of negligence or breach of statutory duty, misrepresentation, negligence, act or omission or otherwise, shall be limited to the purchase price of Goods.
11.7 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our representatives, agents or employees.
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (“Force Majeure Event”).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
12.2.1 strikes, lock-outs or other industrial action;
12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
12.2.5 impossibility of the use of public or private telecommunications networks;
12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No failures to exercise and no delay in exercising on our part of any right or privilege under these Conditions shall operate as a waiver thereof. A waiver by us of any breach of the Conditions shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
These Conditions govern our relationship with you and represent the entire understanding of the subject matter. You confirm that in agreeing to accept these Conditions you have not relied on any prior representation or communications.
These Conditions are personal to the parties and you are not entitled to novate, assign or transfer or otherwise deal in any of its rights and/or obligations under these Conditions or purport to do the same without our prior written consent. We may assign these Conditions at our discretion.
These Conditions shall be governed by and construed in accordance with Scots law and the parties hereby submit to the non-exclusive jurisdiction of the Scottish courts.
These Conditions do not affect your rights under law and for more information on what these rights are we would suggest that you contact your local Citizens' Advice Bureau.
We reserve the right to amend or replace the Conditions at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
In the event of a query or complaint about the Website, our Goods or our service, please contact us by telephone 01382 308000 or by writing at http://www.abertay.ac.uk/feedback/ or The University of Abertay Dundee, Kydd Building, Bell Street, Dundee, DD1 1HG or firstname.lastname@example.org.