Terms and Conditions
Terms and Conditions of Use
Welcome to RSPBAY.com. Please read the following general terms and conditions ("Terms and Conditions") carefully before using this website. By entering this website, and/or any sub-site accessible on this site you ('the user') accept, without limitation or qualification, the Terms and Conditions of Use set forth below and any additional Terms and Conditions of Use set forth in any sub-site or in connection with any promotion or service contained within such sites. If you do not accept these Terms and Conditions of Use, you should exit the website.
We encourage you to save a copy of these Terms and Conditions of Use using the 'save as' function of your browser or to print a copy using the 'print' function of your browser.
RSPBAY.com is an official online merchandising web site of The Royal Scottish Pipe Band Association (RSPBA) (http://www.rspba.org). RSPBAY.com owned is operated under licence by The Business Incentives Group Limited ("The BiGroup"). This website and its design, text, graphics, the selection and arrangement thereof, is Copyright (c) of The Royal Scottish Pipe Band Association or Copyright (c) of Official Merchandising all rights reserved.
Who is BIG in the UK
The BiGroup is a company registered in Scotland under company number SC347368. Our registered office is at C/o Henderson Loggie, 90 Mitchell Street, Glasgow, G1 3NQ. The BiGroup specialise in producing and supplying high-quality merchandise, sports and leisurewear.
RSPBAY.com is owned and operated by The BiGroup under licence from Royal Scottish Pipe Band Association.
The RSPBA logo and product ranges are copyright works and/or official trademarks of The BiGroup and/or The Royal Scottish Pipe Band Association and are the subject of extensive protection and registrations worldwide. Other proprietary trademarks and tradenames may be featured on this website from time to time.
Amending the Terms and Conditions of Use
The BiGroup may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any sub-site hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. The BiGroup may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
Limited licence; Restrictions
You are granted a limited licence to download the materials contained on this website to a single personal computer, and to print a hard copy of the materials contained on this website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms and Conditions of Use. Any other use of any of the materials on this website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of The BiGroup or The Royal Scottish Pipe Band Association is strictly prohibited, and is a violation of The BiGroup's and/or The Royal Scottish Pipe Band Association's proprietary rights.
If you are under 18, you must ask your parents or a guardian before you: e-mail the website, or ask The BiGroup to e-mail anything to you; send in any information to The BiGroup; enter any contest or game that requires information about you or offers a prize; register on this site; buy anything online. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian.
PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
In order to place an order with The BiGroup you will need to register to use the site.
In return for allowing you to use RSPBA.com and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation The BiGroup has is immediately null and void.
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which The BiGroup or The Royal Scottish Pipe Band Association uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by The BiGroup or The Royal Scottish Pipe Band Association anywhere in the world, in any medium, in perpetuity.
Password and Security
Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).
In the event that you are asked to create a password when you register to use any of our services, you must keep this password confidential and must not disclose it to nor share it with anyone.
PLEASE NOTE that you will be responsible for all activities that occur under your password and agree to indemnify us against all costs and expenses that we incur in connection with your account.
If you know or suspect that someone else knows your password you must notify us immediately. Our contact details can be found in the FAQ section. We reserve the right to change your password if we believe that it is not longer secure.
Use of the Site
You agree that you will only use our web site in a way which is consistent with our Terms and Conditions of Use and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
Please read our FAQ section to learn how you can purchase products from this site. This document also address any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
Right to Cancel, Return and Exchange Goods
You have the right to cancel any order that you have placed with us or return or exchange any item purchased from us for any reason whatsoever until 7 days after the date on which the product has been delivered to you provided you have not used the product or, in the case of software, audio or visual products, have not unsealed its packaging. This right does not apply to any products that we have made or customised specifically for you or to any products that by their nature have a limited lifespan and does not effect your statutory rights. Please refer to the FAQ for more details.
The BiGroup may choose to provide links to sites owned by The BiGroup and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with The BiGroup. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and The BiGroup has no responsibility or liability for these third-party sites.
The BiGroup will use all reasonable endeavours to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of The BiGroup and if The BiGroup is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and The BiGroup shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by The BiGroup of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of The BiGroup and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
The BiGroup reserves its right to restrict, suspend or terminate your use of this web site or any of our services at any time if we believe, in our absolute discretion, that you have breached these terms and conditions.
You agree to indemnify, defend and hold The BiGroup and The Royal Scottish Pipe Band Association and, all of its associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by The BiGroup and The Royal Scottish Pipe Band Association in The BiGroup's and/or The Royal Scottish Pipe Band Association's defence of any claim. The BiGroup and The Royal Scottish Pipe Band Association reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of The BiGroup and The Royal Scottish Pipe Band Association.
We may amend this web site and our services any time with or without notice to you.
Complaints and Comments
If you have any complaints or comments about our web site or any of the products supplied to you, please read the relevant section in the FAQ.
In situations where the Official Merchandising may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use.
Limitation of Liability
To the fullest extent permitted by applicable laws, neither The BiGroup nor The Royal Scottish Pipe Band Association, nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if BIG have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall either The BiGroup's or The Royal Scottish Pipe Band Association's total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
This website and its contents are provided without any representations or warranties of any kind, either express or implied. The BiGroup disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, The BiGroup does not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
These Terms and Conditions of Use and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Scotland whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Scottish law.
The BiGroup use all reasonable endeavours to ensure that all information on this web site is accurate. In the unlikely event that an incorrect price or other information is displayed in relation to any product or service on this site due to a clerical, typographical, pricing or other inadvertent error, The BiGroup shall have the right to refuse to accept any order or cancel any contract to supply such product whether or not the order has been confirmed and the credit card has been charged. In the unlikely event that your credit card has already been charged for the purchase and the order is cancelled prior to shipment for this reason, The BiGroup shall issue a full credit to the value of the goods cancelled to your credit card within 5 days.