The terms “we,” “us,” and “our” refer to Edinburgh Open Workshop Ltd. The term “Site” refers to edinburgh open workshop.co.uk. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
Acceptance of terms
Your access to and use of www.edinburghopeworkshop.co.uk (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
Changes to the Terms & Conditions
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you, after having been notified, means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making any decision.
Changes to the website
Edinburgh Open Workshop reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Edinburgh Open Workshop, nor any of its Member body, shall not be liable to you for any such change or removal; Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Edinburgh Open Workshop (EOW) offers affordable ‘open access’ to fabrication bays, workbenches, machinery, tools, a paint floor, consumables, support, storage, studios and courses. It is a versatile space for those who work across all creative disciplines, with a wide range of materials (the “Service”). The users of the service are the Members of Edinburgh Open Workshop Ltd. The site incorporates a membership area and a member’s forum, accessible by invite only.
EOW requires all members be 18+ to register for an account.
Any user of the service must be 14+ to attend the workshop.
If they are 16 or under, they must be under the direct supervision of an EOW Member who is their parent/guardian/carer; subject to the signing of the correct liability waiver.
Additional workers of 18+ can attend under the supervision of an EOW Member.
Additional Workers can use hand tools, and assist with work but cannot be left as the sole worker, and are not permitted to use the machinery.
EOW Classes & Workshops:
Class, course and training participants must be 16+ OR 14+ and participating WITH a parent/guardian/carer.
Additional age restrictions may be dependent on course/workshop and or instructors requirements, these will be made clear in the course description.
Members Account Creation
In order to use the Service, Members will be required to provide information including your name, email address, username and password, and other personal information. You agree that any registration information you give to Edinburgh Open Workshop Ltd will always be accurate, correct, and up to date. You agree not to impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws.
You agree to use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We, or our Member body, may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Duration of Agreement
Once confirmed, we will provide you with access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Edinburgh Open Workshop Ltd or our Member body when there are reasonable delays in the access of the Service.
Edinburgh Open Workshop Ltd reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under the terms of this agreement.
Lifetime Access is for the lifetime of the Service. If for any reason, Edinburgh Open Workshop Ltd should dissolve or cease to exist, then your access to the Service terminates.
Cancellations & Refunds
Due to the nature of our business, refunds are not given automatically. They are given on a case by case basis. EOW does not refund banking fees.
Refunds for products and services offered by Members are entirely offered at the Members discretion. Customers should contact the Member concerned directly. EOW will endeavour to describe and display the Service and product as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
PAYG Membership can be cancelled at any time. An automatic refund of the membership fee will not be given.
Resident Membership & Tenancy:
Residents and Licensees are governed by the terms in their residency or licence agreement. At their 3-month review; Residents and Licensees are offered an opportunity to talk through their experience to date, what aspects of the Service work well and where they’d like to see changes. If at that meeting, the Member wishes to terminate their membership, no refund of the membership fee, licencee or residency fees is due. Any deposit due will be refunded assuming the conditions of the agreement are met.
Once you cancel you will no longer have access to the Service, including all content and community resources, once your current membership period is completed.
It is the responsibility of the member to ensure that cancellation of membership happens in good time in order to avoid being billed further.
Resident Member Space is offered on a monthly fee, with the terms and conditions laid out in the licence or residency agreement. Pay as you go space is to be booked and paid for in advance, at the time of booking, or in person just before the intended use. If space is no longer required, we ask for at 24 hours notice, any less may affect your refund amount. If a member does not show up in the first hour of their booking without notifying a member of EOW staff, EOW has the right to open the booking to another party without refund.
For a full version of our Refund and Returns Policy, for ALL services click here.
Material You Submit to the Site (Members)
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or another proprietary right without the express written permission of the owner of the copyright, trademark, or another proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Edinburgh Open Workshop Ltd provide access to a member forum and social media platforms. Edinburgh Open Workshop Ltd has complete discretion with regards to the forum, the platform, and the nature of the interaction on them, dependent on the Service.
Edinburgh Open Workshop Ltd is not required to provide a Member forum or access to social media platforms and may see fit to discontinue one or other or all at any time. You agree that your use of these forums and social media platforms is a privilege and Edinburgh Open Workshop Ltd may limit or deny access to these platforms for misconduct that includes but is not limited to: being inappropriate, rude, violent, or threatening. Edinburgh Open Workshop Ltd will make reasonable efforts to provide notice with regards to inappropriate or unapproved content placed within the voluntarily provided forum and social media platforms. Edinburgh Open Workshop Ltd is not required to provide notice, and reserves all right to take immediate and appropriate action to protect the Edinburgh Open Workshop Ltd brand and name.
Links to third-party websites
The Website may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
We claim no intellectual property rights over the material you supply to Edinburgh Open Workshop Ltd. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Any content that you submit to Edinburgh Open Workshop Ltd remains yours to the extent that you have any legal claims therein. You agree to hold Edinburgh Open Workshop Ltd harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable licence to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Edinburgh Open Workshop Ltd for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
Edinburgh Open Workshop Ltd:
The Site and Service contain intellectual property owned by Edinburgh Open Workshop Ltd, including trademarks, copyrights, proprietary information, and other intellectual property. Edinburgh Open Workshop Ltd’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user licence. All intellectual property, including Edinburgh Open Workshop Ltd’s copyrighted materials, shall remain the sole property of Edinburgh Open Workshop Ltd. No licence to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Disclaimers and limitation of liability
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Edinburgh Open Workshop will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Edinburgh Open Workshop makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Edinburgh Open Workshop for death or personal injury as a result of the negligence of Edinburgh Open Workshop or that of its employees or agents.
You agree to indemnify and hold Edinburgh Open Workshop and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Edinburgh Open Workshop arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and you hereby submit to the exclusive jurisdiction of the Scottish courts.
All notices, requests, demands, and other communications under this Agreement shall be in writing and addressed to:
Edinburgh Open Workshop Ltd,
39-41 Assembly Street