Terms and Conditions of Stakeholder membership
This Agreement is between you and Business for Scotland Limited (“BFS”)
You have applied to become a stakeholder member of BFS.
For the avoidance of doubt, this is not a consumer contract, and you are not a ‘consumer’. You are applying to become a member of a company limited by guarantee.
When you click to submit your application on line, or you fax, post, telephone or e mail us with details of your application, you are making an offer to subscribe to BFS as a stakeholder member which, if accepted by us, will result in a legally binding contract.
At the point of renewal of your membership, your renewal payment is confirmation of the continued acceptance of this contract. You may not transfer any of your rights and obligations under these terms and conditions to another person.
For on line applications you will either have sight of a confirmation page or receive an email. If you have supplied your email address, acknowledgement that your application has been received and is being processed does not yet mean that the contract between us is formed. A legally binding contract is formed on the date we send you confirmation of membership.
We reserve the right not to fulfil, or to cancel, your application if we are unable to obtain payment authorisation from the issuer of your card or from your bank in the case of direct debit payments. If there are any problems with your payment, we will contact you within 48 hours of your payment. BFS will not be liable for any charges as a result of payment failure.
If you are accepted into membership, but it subsequently turns out that any or all of the information provided by you was misleading or false, we reserve the right to revoke the membership with immediate effect, without the right of appeal.
If your application for membership is accepted, you will become a stakeholder member of BFS. Your membership is subject to the Articles of Association of BFS. BFS is a company limited by guarantee. As a stakeholder member, your liability in respect of BFS is limited to the amount of £1.
You agree to pay the sum of £100 plus applicable VAT. This sum is paid annually on the anniversary of your initial payment.
We offer a seven working days’ cooling off period for new members, effective from the day your application is accepted. This will allow you to cancel your subscription without any penalty. If you wish to cancel your new member subscription, you must notify us within these seven working days in writing, by letter, fax or e mail.
Payments can be made by all major debit and credit cards as detailed on the Website. Payment methods other than those stated on the Website will not be accepted and no responsibility is accepted for cash or cheques sent through the post.
If you have a disagreement regarding a credit card charge, you may contact the BFS support team in writing within 90 days of the date of the initial credit card charge. You agree that BFS is not liable for any charges or errors not reported within such 90-day time frame; and you expressly waive any right to dispute a charge to your credit card if you have not contacted BFS support in writing with respect to any disputed charge within such period.
In order to provide greater security, you will be asked to enter all the information that is on your card. All information is encrypted on our secure server. You authorise BFS to use the information on the credit card provided by you for your annual stakeholder membership fee. The information will be retained, and used to renew membership on an annual basis.
Your BFS stakeholder membership is a rolling agreement which will automatically renew upon the anniversary of your application. You will receive a renewal notice following the anniversary of your original application date. If you wish to opt out of automatic renewal where you used PayPal for original payment then you can do so by altering the payment agreement on your PayPal account at any time. Similarly, where a credit card was used for initial payment, we shall re-use these details and cancellation for automatic renewal shall be the responsibility of the member.
Any payment arrangements that have been made by Direct Debit will automatically continue, unless you notify your bank/building society that you wish to cancel it.
If you wish to cancel your membership, you must inform us of your intention to cancel a minimum of ten working days prior to the anniversary of your application. This notice should be provided directly to us, in writing by letter, fax or e mail.
No refunds will be provided unless the notice requirements are complied with.
Once renewal of your membership has occurred, it will still be possible to cancel your membership, but we are not obliged to offer a refund, if notice has not been given.
We will make every effort to ensure that the information on our website is accurate. However, we cannot guarantee this and accept no liability for any information given via this website.
Even if data encryption is used, the security of information transmitted via the internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by electronic means shall be borne solely and exclusively by such user and in no event shall any such losses in whole or in part be borne by us.
This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of Scotland, without reference to the principles of conflicts of laws thereof.
Any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties, shall be determined by single arbitrator appointed by the Scottish Arbitration Centre. The arbitration will be seated in Scotland and will be conducted under the Scottish Short Form Arbitration Rules produced by the Chartered Institute of Arbitrators Scottish Branch.
We will respond to any complaint or query received within three working days. This may be an acknowledgement that we have received a complaint whilst further investigations are carried out.
If you have any queries, comments or complaints about your subscription please contact our member services team:
By email: [email protected]
By post: 290 Bath Street, Floor 3 Suite 1A, G2 4JR
By telephone: 0141 332 2466