Baobab Terms and Conditions

Last updated: 17 May 2021

Welcome to Baobab. Please read these terms and conditions carefully before using this website, as they are binding on you.

This website is operated by Engineering Insights Limited, a company incorporated in Scotland (CN: SC188939) having its registered address at Bishops Court, 29 Albyn Place, Aberdeen AB10 1YL (Baobab).

By using Baobab and its educational material, you accept these terms and conditions and agree to abide by them. The word "Baobab", the Baobab logo and tree device are all registered trademarks of Engineering Insights Limited.

Please note Baobab reserves the right to modify these terms and conditions at any time and will notify you of such changes by posting the modified terms and conditions on our site and indicating at the top of the terms and conditions the date it was last updated. Please refer to this page regularly to ensure that you are aware of Baobab’s most up-to-date terms and conditions, as these are binding on you.

Baobab also reserves the right to vary any rights and obligations in these terms and conditions at any time. You may not vary these terms and conditions or the rights and obligations therein. If any term or condition detailed here is deemed unlawful or unenforceable by a court, legal body or relevant authority then all other terms and conditions will remain in effect.

Terms of use

1. Access
A Baobab account and paid subscription is required to access some areas of the website and its educational materials. Baobab reserves the right to restrict access to areas of the website at its discretion.

Whilst at Baobab we are committed to ensuring access to our site, we do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

2. Login details
Upon receipt of payment for your subscription, Baobab will issue you with a username and password to grant you access to the full educational materials available on the website. You agree to keep these login details private and are strictly prohibited from sharing these.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

3. Intellectual property
The materials and contents on this website are the sole property of Baobab, and Baobab owns all intellectual property rights pertaining to this website and its featured materials, with the exception of third-party intellectual property referenced in educational material which remains the property of its respective proprietor. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4. Prohibited use
Baobab’s featured material is intended for use solely through this website, and infringing these terms of use may result in the closure of your account. Please note that you are prohibited from downloading, reproducing, republishing, selling or otherwise distributing any featured material contained on this website which is accessible to you only by paid subscription account. Using this website or its materials for commercial purposes is strictly prohibited without the express written permission of Baobab.

Using this website or its materials for harmful, fraudulent, illegal or unsolicited activity, or to store, distribute or otherwise promote the use of malware, spyware and similar malicious software is strictly prohibited. Use of this website to collect user data, carry out unauthorised promotional activities or in any way impair the availability of its products and services is also strictly prohibited.

5. Nature of content
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

6. Your account
By creating a Baobab account and using the materials contained on this website you agree to full payment for the use of the materials. Baobab reserves the right to suspend, close or remove your account or discontinue your subscription and use of its materials at our discretion.

7. Closing your account
You may close your Baobab account and cancel your subscription at any time by sending written confirmation to Baobab via the email address included on the website contact page. Please see point 11 below for Baobab’s cancellation and refund policy.

8. Payment and payment security
All payments will take place through the Baobab website and require your credit or debit card details. These details are entered on a secured page and encrypted during transfer using an approved Secure Socket Layer (SSL). We use Sage Pay to collect and/or process transaction information. You can click here for Sage Pay’s security policy on their website.

9. Delivery policy
Once Baobab receives your personal information and payment details and verifies your payment, which could take up to 5 business days, then you will be given login details which grant you access to the website’s educational material for the duration of your paid subscription.

10. Billing & subscription
By using Baobab’s featured subscription-only material you agree to pay in full the fee quoted to you by Baobab. You agree that you will ensure that a valid payment method is available for Baobab’s products and services at all times, and that you are able to pay for these products and services on all applicable due dates. No refunds or credits will be offered for elapsed months (full or partial) if you change or cancel your Baobab subscription.

a) Pricing
Subscription pricing is non-negotiable. Baobab reserves the right to change the price of its products and services at any time. In these circumstances Baobab will not charge you an additional fee if you hold an active existing subscription, and will not refund you the difference in the event of any reduction in price, but may increase your charge for any subsequent subscription in accordance with the change in price to its products and services.

b) VAT
Any prices quoted on the Baobab website or in correspondence or promotional material is given exclusive of VAT, unless clearly specified. You agree that you will be charged and pay VAT at the current UK & EU rates as applicable to you or your company, unless you are able to provide proof that you are exempt from this requirement, which you will be required to produce at the time of your purchase.

c) Payment schedule
Unless stated otherwise, payment will be made to Baobab via a one off payment when the user subscribes to the Baobab service. The subscription options are on a monthly, three-monthly or twelve-monthly basis or are subject to the conditions of a customised enterprise-class agreement, depending on your chosen subscription plan. Any alteration to the payment schedule for a user will be at the sole discretion of the management of Baobab.

d) Invoices
Subscription pricing is non-negotiable. Invoices for your payments or subscription renewal will be sent to you by email, and you agree to notify Baobab of any change to your contact details including your email address for this purpose. Correspondence about invoices and billing information will take place solely by email and not by regular mail or by phone.

e) Payment due dates (This applies to Enterprise Users only)
Payment for Baobab’s products and services is due within 30 days of your receipt of invoice email. If payment is not received by Baobab within 30 days of the receipt of your invoice email then any use of Baobab’s products and services on your part after that 30-day period will be treated as a breach of these terms and conditions, and Baobab reserves the right to take action against you to this end at its own discretion.

11. Cancellation and refund policy
As stated above, you may cancel your Baobab account and subscription at any time by sending written confirmation to Baobab via the email address included on the website contact page. If you cancel your subscription then Baobab will refund you the cost of your subscription for any months covered by your cancelled subscription which have not yet elapsed. Please note the granting of refunds and the value of any refund offered is at the sole discretion of management.

12. Breach of terms and conditions
Baobab reserves the right to take appropriate action in the event that you breach these terms and conditions, including but not limited to closing your account, limiting or terminating your access to the website, requesting that access to the website be denied to you via your IP address or ISP, or pursuing legal action.

13. Third-party websites, products, services and organisations
Baobab may reference or link to other websites, organisations, products or services as part of its service to users or for purposes of self-promotion. These links are provided for your information only. Baobab does not directly endorse these websites, organisations, products or services or accept responsibility for them or for any loss or damage that may arise from your use of them. We have no control over the contents of these sites or resources

14. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact [email protected]

15. Limitation of our Liability
Nothing in these terms excludes or limits Baobab's liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of Scotland. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether present or future, actual contingent or otherwise (for the avoidance of doubt including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, our site;
• use of or reliance on any content displayed on our site.
• If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

16. Indemnity
You agree that Baobab is fully indemnified from and against all actions, losses, costs, demands, penalties, liabilities, claims, expenses or legal fees, either incurred by us or as a result of your actions, omissions, negligence, gross negligence, breach of terms and conditions, intellectual property infringement claims or agreements with external parties.

17. Privacy
Please refer to our Privacy Policy for information on how Baobab collects, uses and discloses personally identifiable information from its users.

18. Viruses
Whilst Baobab use reasonable endeavours to protect our site and users from viruses we do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

19. Trade Marks
Baobab, the Baobab logo and the Baobab tree device are registered trade marks of Engineering Insights Limited.
BaobabLMS.com is a trade mark of Engineering Insights Limited.
BaobabLMS.co.uk is a trade mark of Engineering Insights Limited.

20. Applicable law
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by the laws of Scotland. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England, you may also bring proceedings in England.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by the laws of Scotland. We both agree to the exclusive jurisdiction of the courts of Scotland.

21. Contact
This website is operated by Engineering Insights Limited, a company incorporated in Scotland (CN: SC188939) having its registered address at The Capitol, 431 Union Street, Aberdeen AB11 6DA. If you have any questions, please contact us via email [email protected] or post at the above address.