These terms and conditions were last updated on 18 June 2021.
Terms and Conditions
Part 1: TERMS OF USE
Part 2: GENERAL TERMS AND CONDITIONS OF SALE
Part 1: TERMS OF USE
1. INFORMATION ABOUT OUR TERMS OF USE
1.1 These terms of use (‘Terms’) set out the rules for using our platform THG (more:trees) (‘Platform’).
1.2 By using the Platform you agree that you accept these Terms and that you will comply with them.
1.3 If you do not agree to these Terms, you must not access or use the Platform.
1.4 Please read these Terms carefully and print a copy for your future reference as we will not file a copy of these Terms and may also update them from time to time. If you have any queries then please contact us.
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 THG (more:trees) is a Platform owned and operated by us, Eco Credits Limited (trading as THG (more:trees) or (more:trees)) (‘we’, ‘us’ or ‘our’).
2.2 We are a limited company registered in England and Wales under company number 12933421. Our registered office address and main trading address is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ.
How can I contact you?
2.3 To contact us, please contact our customer services team at [email protected]
2.4 If you would like to make a complaint or feel that any material appearing on the Platform is offensive, objectionable or potentially defamatory please contact us via the details in section 2.3 above and provide full details of the nature of your complaint and the materials to which the complaint relates.
3. OTHER TERMS THAT MAY APPLY TO YOU
Are there any other terms which apply when I use the Platform?
3.1 These Terms refer to the following additional terms and conditions, which also apply to your use of the Platform:
• Our Privacy Policy. Please see section 8 (How we may use your personal information) for further information about this.
• Our Cookie Policy, which sets out information about the cookies on the THG (more:trees) website.
Are there any other terms which could apply to me?
3.2 Our Terms and Conditions of Sale will apply to the sale of the services provided on the Platform to you.
4. WE MAY MAKE CHANGES TO THESE TERMS
Our right to make changes to the Terms
4.1 We may update these Terms from time to time. We will give you reasonable notice of any major changes via a suitable announcement on the THG (more:trees) website.
When will the changes apply?
4.2 The changes will apply to your use of the Platform after we have given such announcement.
What should I do if I don’t want to accept the changes?
4.3 If you do not wish to accept the new terms you should not continue to use the Platform. If you continue to use the Platform after the date on which the change comes into effect, your use of the Platform indicates your agreement to be bound by the new terms.
4.4 Please check these Terms to ensure you understand the terms and conditions that apply at that time.
5. WE MAY MAKE CHANGES TO THE PLATFORM
We may update and change the Platform from time to time. We will try to give you reasonable notice of any major changes.
6. USE OF THE PLATFORM
You must keep your account details safe
6.1 To access the Platform, you must register on the Platform. By registering and accepting these Terms, you agree to be bound by these Terms including any additional terms and conditions referenced herein and/or available by www.moretrees.eco/terms.
6.2 You will gain access to the Platform once you have registered. The profile page for registered members of the Platform (“Profile”) will provide you with an overview of your profile on the Platform. Using the Profile, you can review and alter your profile information.
6.3 You are responsible for keeping your login credentials confidential and safe.
6.4 You warrant that the details provided at registration and included within your Profile are correct and complete. Should the details you provide at registration change at any time after registration, you must change the details stored on the Platform.
We may disable access to your account
6.5 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 these Terms.
6.6 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].
Your use of the Platform
6.7 The Platform may only be used for lawful purposes. You agree to comply with all applicable laws and regulations regarding the Platform and its use.
6.8 You may retrieve and display the content of the Platform on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Platform.
6.9 Our status (and that of any identified contributors) as the authors of content on the Platform must always be acknowledged.
What can’t I do?
6.10 You must not knowingly:
• upload or transmit through the Platform any computer viruses, Trojans, worms, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
• upload or transmit through the Platform any material which is defamatory, offensive or of an obscene character;
• attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or
• attack our Platform a denial-of-service attack or a distributed denial-of service attack.
6.11 By breaching section 6.10, 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 Platform will cease immediately.
We are not responsible for viruses or other harmful material
6.12 We will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.
We may monitor your use of the Platform
6.13 We may disclose such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
6.14 You acknowledge that we have no obligation to monitor your access to or use of the Platform, but that we have the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Platform provided.
7. UPLOADING CONTENT TO OUR PLATFORM
7.1 Whenever you post content to our Platform, you agree and confirm that:
• you own or otherwise control all of the rights to the content that you post;
• the content and material is accurate; and
• use of the content and material will not cause injury to any person or entity (including that the content or material is not defamatory).
You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with a breach of this section 7.1. This means that you will be responsible for any loss or damage we suffer as a result of your breach of section 7.1.
Your rights in the content which you post to our Platform
7.2 Any content uploaded to our Platform will be considered non-confidential and non-proprietary. You will retain all of your ownership rights in your content but you are required to grant us (and our sub-licensees if required) a licence to use, copy, modify and adapt your content and to distribute and make it available to third parties (see section 7.6 for more information about this).
7.3 You agree to waive your right to be identified as the author of the content and your right to object to derogatory treatment of the content.
We may disclose your identity to third parties in certain circumstances
7.4 We may have to disclose your identity to a third party who claims that content posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights or privacy rights.
We may remove your content
7.5 We may remove any content you post on our Platform if in our opinion your post does not comply with our guidelines.
Rights you are giving us to use content uploaded by you to our Platform
7.6 By uploading or posting content to our Platform, you grant us the following rights to use that content:
• a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
• grant us and our sub-licensees the right to use the name that you submit in connection with such content.
7.7 If we reasonably request you to do so, you agree to do such further acts and execute all documents which may from time to time be necessary to give full effect to this section 7.
8. HOW WE USE YOUR PERSONAL INFORMATION
8.1 We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy.
8.2 By using our Platform, you:
• consent to such processing and you warrant that all data provided by you is accurate; and
• authorise us to transmit information (including updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
9. OUR INTELLECTUAL PROPERTY RIGHTS IN OUR PLATFORM
Our intellectual property rights in the Platform and its content
9.1 Other than in relation to links to third party websites, we or our licensors are the owners or the licensee of all intellectual property rights in the Platform and in the material published on it, including all brand names and trade marks. All such rights are reserved and nothing in these Terms will be interpreted as giving you ownership or rights in such intellectual property or the data contained therein.
9.2 You are not permitted to use our intellectual property without our approval, unless expressly permitted under section 6 (Use of the Platform).
10. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES WHICH WE LINK TO
10.1 As a convenience to you, the Platform may include links to other websites or material which is provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
10.2 We have no control over the content of those websites or resources and we accept no responsibility for the availability, suitability or content of such websites and nor do we review or endorse them or any views expressed within them.
10.3 We will not be responsible for the privacy practices or content of such websites nor will we be responsible for any damage, loss or offence caused or alleged to be caused that may arise from your use of them.
11. DO NOT RELY ON INFORMATION ON OUR PLATFORM
11.1 The content on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely.
11.2 Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
11.3 If we are informed of any inaccuracies in the material on the Platform we will correct this as soon as we reasonably can.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and any liability for fraud or fraudulent misrepresentation.
12.2 We provide you with access to the Platform free of charge and subject to section 12.1 above, we will not be responsible for any loss, injury or damage of whatever kind caused in whole or in part by:
• incompatibility of the Platform with any of your equipment, software or telecommunications links;
• technical problems including errors or interruptions of the Platform;
• unsuitability, unreliability or inaccuracy of the Platform; and
• failure of the Platform to meet your requirements.
12.3 The Platform is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Platform and any information provided by you. You must bear the risk associated with the use of the internet.
13. OUR RIGHTS IF YOU BREACH THESE TERMS
13.1 Should you make any illegal and/or unauthorised use of the Platform, and/or fail to comply with these Terms, we may take such action as we reasonably determine to be appropriate including amongst other measures temporarily or permanently removing your registration and right to use the Platform.
14. WE MAY SUSPEND OR WITHDRAW OUR PLATFORM
14.1 Our Platform is made available free of charge.
14.2 We may suspend or withdraw all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
14.3 We may disable any user identification code or password we have provided to you, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of these Terms.
15. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms. No other person will be entitled to enforce any provision of these Terms.
16. WHAT HAPPENS IF PARTS OF THESE TERMS BECOME INVALID?
If any part of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
17. EVEN IF WE DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms will not limit or restrict the future exercise or enforceability of those rights.
18. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts except that if you are acting as a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and if you are a consumer and a resident in Scotland you may also bring proceedings in Scotland.
Part 2: GENERAL TERMS AND CONDITIONS OF SALE
1. INFORMATION ABOUT THESE TERMS
Why these Terms are important
1.1 These terms and conditions (‘Terms of Sale’) set out the terms and conditions which apply to our, Eco Credits Limited (‘us’, ‘we’ and ‘our’), sale of services (together, the ‘services’) to you via our website www.moretrees.eco and https://plant.moretrees.eco (‘Platform’).
1.2 Please read these Terms of Sale carefully before you submit an order to us as they affect your rights and liabilities under law and tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 We recommend that you print a copy of these Terms of Sale for your future reference as we will not file a copy of these Terms of Sale specifically in relation to your order.
Important parts of these Terms of Sale
1.4 We would especially like to draw your attention to the following sections:
• section 12 (Your rights to end the contract) which sets out your rights to cancel orders placed by you;
• section 14 (Our rights to end the contract) which sets out our rights to cancel orders placed by you;
• section 15 (Our responsibility for loss or damage suffered by you) which sets out our responsibility to you.
Let us know if you have any questions about these Terms of Sale
1.5 If you have any queries regarding these Terms of Sale then please contact our customer services team by emailing [email protected].
2. WHO WE ARE AND HOW TO CONTACT US
Who we are
2.1 We are, Eco Credits Limited (trading as THG (more:trees) or (more:trees)).
2.2 We are a limited company registered in England and Wales under company number 12933421, whose registered office address is at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ.
How to contact us
2.3 To contact us, please contact our customer services team by emailing [email protected].
2.4 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
How can I contact you if I have a complaint?
2.5 We try our best to ensure that your experience as a customer of ours is a positive one and want to hear from you if you have any cause for complaint.
2.6 If you have any queries, complaints or problems with the services, please contact our customer services team by logging on to your account and provide full details of the nature of your complaint.
3. OTHER TERMS THAT MAY APPLY TO YOU
3.1 These Terms of Sale refer to the following additional terms and conditions, which also apply to your purchase of the services:
• Our Privacy Policy, please see section 5 (How we use your personal information) for more information about this.
• Our Cookie Policy, which sets out information about the cookies on our Platform.
4. YOUR STATUS
Confirmation of your status
4.1 By placing an order with us, you are confirming that:
• you are legally capable of entering into binding contracts;
• you are at least 16 years of age; and
• the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity.
Do I need to notify you of any changes to my personal information and confirmation?
4.2 You must notify us immediately of any changes to your personal information by e-mailing [email protected] or telephoning our customer service representatives on [0161 813 1487].
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 We will treat all your personal information as confidential and will only use it in accordance with our Privacy Policy. In addition, we will process information about you in accordance with our Privacy Policy. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.
5.2 When you use the Platform, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner’s office.
5.3 You authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
6. PROTECTING YOUR SECURITY
How we validate your payment
6.1 To ensure that your credit, debit or charge card is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against appropriate third party databases.
6.2 We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities.
6.3 By accepting these Terms of Sale you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
7. OUR RIGHT TO MAKE CHANGES
7.1 We have the right to make minor changes to the services without notifying you in order to:
• conform with any legal or regulatory requirements; or
• implement minor technical adjustments and improvements. These changes will not affect your use of the services.
7.2 We may also make reasonable changes to the services or these Terms of Sale but if we do so we will notify you and you will have the right to contact us to end the contract before the changes take effect and receive a refund for any services paid for but not performed.
8. OUR CONTRACT WITH YOU
How to place an order with us
8.1 Our Platform will guide you through the ordering process.
8.2 Before submitting your order to us, you will be given the opportunity to review and amend it. Please ensure that you have checked your order and that you have read these Terms of Sale carefully before submitting your order. If you are unsure about any part of these Terms of Sale, please ask us for clarification.
How we accept your order
8.3 Our acceptance of your order will take place when we email you confirming our acceptance (‘Order Confirmation’), at which point a contract between you and us will come into existence.
8.4 Automated acknowledgements of your order which you may receive from us do not amount to our acceptance of your offer to purchase services advertised on our Platform.
What will the contract cover?
8.5 The contract will relate only to those services confirmed in the Order Confirmation.
Can I make changes to orders accepted by you?
8.6 Before submitting your order to us, you will be given the opportunity to review and change it. Please make sure you have checked your order carefully before submitting your order as once submitted you will not be able to make changes to it.
9. DELIVERY
Delivery times
9.1 The services shall be performed or made available within the timeframe specified on the Platform or as communicated when submitting your order.
9.2 We undertake to plant trees within 19 months of the receipt of payment.
9.3 We will undertake to plant trees in the locations specified on the Platform. We reserve the right to determine which sites to plant trees if the specified site becomes unavailable and to determine which tree types to plant if the specified tree types become unavailable.
10. PRICE AND PAYMENT
Prices and other charges
10.1 All prices shown on the Platform are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. We reserve the right, however, to change prices at any time without notice to you (save that any changes will not affect orders in respect of which we have sent you an Order Confirmation).
When and how you pay
10.2 Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account on the dispatch of your goods or provision of the service to you.
10.3 You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay in the performance of the services.
10.4 If your credit or debit card payment is not processed successfully for any reason, we reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided to us. If you do not want us to reattempt to process payment, you must cancel your order in advance.
Credits
10.5 Any credits gifted to you on the Platform must be used to plant trees on the platform within 28 days of receipt, otherwise they will expire.
10.6 Any purchased credits on the Platform that have not been used to plant trees by you within 12 months of purchase, will automatically be used to plant trees at the sites chosen by us.
Discount codes
10.7 We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
10.8 Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail.
10.9 A copy of the discount code terms and conditions can be obtained by e-mailing [email protected].
11. REFERRAL SCHEME
11.1 Subject to sections 11.2 to 11.10 (inclusive) below, you may earn ‘credit’ for use on our Platform by referring a new customer to us through our referral scheme by sharing the referral link and/or referral code we provide to you (the “Referral Scheme”).
Eligibility
11.2 You are only eligible to participate as a ‘referrer’ in this Referral Scheme if you have previously placed an order on our Platform.
What counts as a new customer?
11.3 A new customer is a natural person who has not previously placed an order with us (a “Referee”).
11.4 If the Referee has an account on our Platform but has not previously placed an order on our Platform then they are entitled to participate in the Referral Scheme through the referral link or code provided.
How does the referral scheme work?11.5 If the Referee has clicked through your referral link the discount code will automatically be applied at checkout. If the Referee is using a referral code, the Referee must enter this code at checkout.
Are there any restrictions which apply?
11.6 The Referee must place an order with a value of at least the minimum value as stated on our Platform from time to time.
11.7 All discounted services and subscription services are excluded from the Referral Scheme. If you are participating in the Referral Scheme, you will be unable to participate in any affiliate schemes, cash-back offers and/or any other promotions of this nature.
11.8 Any credit generated from the Referral Scheme may only be spent on our Platform and neither you nor the Referee is entitled to receive any payment of any kind in respect of the credit. The credit is not redeemable for cash. The credit that stands to your Referral Scheme account is not transferable in any way.
11.9 You will receive the applicable credit on your account 24 hours after dispatch of the Referee’s order. If the Referee cancels their order for any reason within 3 days of it being placed, you will not qualify for any credit. You will receive your credit in the default currency of our Platform.
We may withdraw your credit
11.10 We may, in our sole discretion, withdraw your credit generated from the Referral Scheme at any time if we believe or suspect that your use of the Referral Scheme is fraudulent, misleading or contrary to these Terms of Sale.
12. YOUR RIGHTS TO END THE CONTRACT
12.1 You can always end your contract with us. Your rights when you end the contract will depend on whether the services have been performed and when you decide to end the contract:
• If you want to end the contract because of something we have done or have told you we are going to do, see section 12.2 below;
• in all other cases (if we are not at fault and there is no right to change your mind), see section 12.3 below.
Ending the contract because of something we have done or are going to do
12.2 Subject to sections 10.5 and 10.6, if you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any credits which have not been used to fund the planting of trees and you may also be entitled to compensation. The reasons are:
• we have told you about an upcoming change to the service or these Terms which you do not agree to (see section 7.2);
• there is a risk that supply of the services may be significantly delayed because of events outside of our control (see section 16 (Events outside of our control) for more information about this);
• we have suspended supply of the services for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than [28 days].
12.3 We will refund any advance payment you have made for services which will not be performed by us.
13. CANCELLING IF YOU CHANGE YOUR MIND
How long have I got to change my mind?
13.1 If you are purchasing the services as a consumer (i.e. for private use as opposed to business use), you have a 14 day right to cancel the contract between us and you for any reason (this is often called the ‘cooling off period’).
13.2 The 14 day period starts running after the day we email you to accept your order and/or have issued credit to you.
How to let us know if you change your mind
13.3 Please use our model cancellation form by contacting [email protected].
There are circumstances where you may lose your right to cancel
13.4 Please note that you may lose your legal right to cancel if we have completed tree planting funded by you.
Refunds
13.5 Refunds under this section 13 will be issued to you within 14 days from, if we have not yet provided any Order Confirmation or have not issued credit to you, the day on which you inform us that you wish to cancel the contract.
13.6 If and to the extent we cannot complete tree planting funded by you, we will return those funds not used to plant trees to you, unless otherwise directed.
13.7 Refunds under this section 13 will be made using the same payment method that you used when ordering the services, unless you specifically request that we make a refund using a different method.
14. OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it
14.1 We may end the contract for a service at any time by writing to you if:
• you do not make any payment to us when it is due and you still do not make payment within 21 days of us reminding you that payment is due; or
• you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.
You must compensate us if you break the contract
14.2 If we end the contract in the situations set out in section 14.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the service
14.3 We may write to you to let you know that we are going to stop performing the services. We will let you know at least 28 days in advance of our stopping the supply of the services and will refund any sums you have paid in advance for services which will not be provided.
15. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
15.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes death or personal injury caused by our negligence (including that of our employees or sub-contractors) or for fraud or fraudulent misrepresentation.
We are not responsible for loss which is not foreseeable
15.2 If we fail to comply with these Terms of Sale, we shall only be liable to you for losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created.
15.3 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Platform.
Your rights as a consumer
15.4 Please note that nothing in these Terms of Sale seeks to exclude or limit any of your rights as a consumer. More information can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.
16. EVENTS OUTSIDE OF OUR CONTROL
16.1 We are not responsible for any failure or delay in performing our obligations where that failure or delay results from any event that is outside of our control. Such events include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, pandemic, other natural disaster, or any other event that is beyond our control.
16.2 If we are delayed or fail to perform our obligations as a result of an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay then you may contact us to end the contract and receive a refund for any goods you have paid for but have not received.
17. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms of Sale to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms of Sale.
18. YOU MAY ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under these Terms of Sale if we agree in writing.
19. NOBODY ELSE HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms of Sale. Nothing in these Terms of Sale shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms of Sale against us.
20. INVALID PARTS OF THESE TERMS
If any part of the Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions of the Terms of Sale.
21. EVEN IF WE DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by us of, our rights under or in connection with these Terms of Sale will not limit or restrict the future exercise or enforceability of those rights.
22. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES AND WHERE YOU CAN BRING PROCEEDINGS?
These Terms of Sale shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.