Terms and Conditions
Thank you for using Highland Hustle ®. Please note: Internet access is required to access the Highland Hustle® workouts.
Because your health and safety are important to us, we recommend that you consult a medical professional before beginning the Highland Hustle® workout, especially if you have been inactive, suffer from obesity, are pregnant, smoke or have arthritis, high blood pressure, high cholesterol, or any other health problems or conditions. By taking part in the Highland Hustle® workout you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities.
1.1 This shall govern your use of the Highland Hustle® website.
1.2 By using highlandhustle.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4 Highland Hustle® is not responsible for the contents or reliability of any other websites to which we provide a link and do not necessarily endorse the views expressed within them.
2.1 This document was created and adapted using a template from SEQ Legal (http://www.seqlegal.com).
3. Accessing the Highland Hustle® Workout
3.1 In order to obtain access to the Highland Hustle® workout (download & streaming), you must complete the sign up process by completing Register / Log in request at time of purchase. By purchasing the DVD, you agree to the terms & conditions.
3.2 Please take the time to read and check your details during the Register / Log in process. We will confirm our acceptance of your sign up request to you by sending you an e-mail confirmation.
4. Right to cancel
4.1 If you are a consumer you may cancel your contract with us to access the Highland Hustle® workout within seven (7) working days of completing the transaction to access the Highland Hustle® workout. Notice may be given using our contact details. However, your right to cancel the contract with us shall automatically expire as soon as the file download commences or access to the online ‘paid for content’ is granted. Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content. DVD’s must be unused and in their original state to qualify for a refund.
4.2 Details of your legal right to cancel (download & streaming) and an explanation of how to exercise it are provided in the Register / Log in process. DVD customers should contact Highland Hustle directly.
5. Copyright notice
5.1 © 2017 Highland Hustle®. All rights reserved.
5.2 Subject to the express provisions of these terms and conditions: (a) Highland Hustle® own and control all the copyright and other intellectual property rights in our website and the material on our website;
and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved. Highland Hustle® takes the matter of Intellectual Property seriously and would like you to respect the copyright of all material on the Highland Hustle® website and videos.
6. Licence to use website
6.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
and (c) print pages from our website, subject to the other provisions of these terms and conditions. 6.2 Except as expressly permitted by Section 6.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
6.3 You may only use our website for your own personal, and you must not use our website for any other purposes. Your excessive viewing of online streaming videos may be construed as fraudulent use of our website. You may not sell, give or share your access to the online videos to any other person.
6.4 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose;
or (e) redistribute material from our website.
6.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. It is your responsibility to protect the confidential access to the Highland Hustle® workouts you have purchased.
7. Acceptable use
7.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means; (f) violate the directives set out in the robots.txt file for our website;
or (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
7.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
7.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
8. Limited warranties
8.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
or (c) that the website or any service on the website will remain available. We do not warrant that functions on this website will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
8.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
8.3 To the maximum extent permitted by applicable law and subject to Section 9.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law;
or (d) exclude any liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in delict (including negligence) and for breach of statutory duty.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. 9.6 We will not be liable to you in respect of any loss or corruption of any data, database or software. 9.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage. 9.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees any director, officer, shareholder, servant, employee, agent or permitted delegate or sub-delegate.
10.1 We may revise these terms and conditions from time to time. You should therefore check periodically for changes.
10.2 The revised terms and conditions shall apply to the use of our website from the time of publication of the revised terms and conditions on the website. By using our website after we publish any changes, you agree to accept those changes, whether or not you have reviewed them.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Law and jurisdiction
12.1 These terms and conditions shall be governed by and construed in accordance with Scottish law.
12.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.
13. Statutory and regulatory disclosures
13.1 We are registered in Scotland with HMRC for tax purposes. 13.2 Highland Hustle® has a registered Highland Dance Teacher with British Dance Teachers Alliance & Scottish Dance Teachers Association and with the Scottish Official Board of Highland Dancing as an Adjudicator in Scotland.
14. Our details
14.1 This website is owned and operated by Highland Hustle® Ltd. 14.2 We are registered in Scotland under registration number (SC484962), and our registered office is at Earlybank, Lovers Lane, Scone, Scotland, PH2 6RG 14.3 Our principal place of business is at Earlybank, Lovers Lane, Scone, Scotland, PH2 6RG 14.4 You can contact us by writing to the business address given above, by using our website contact form.