Terms and conditions of use

  1. Introduction

1.1       These terms and conditions shall govern your use of our website.

1.2       By using our website, 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.

1.3       If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4       We recommend that no one under 14 years of age uses our website to fundraise; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 14 years of age. Anyone under 18 using our website to fundraise, or partaking in any fundraising activities must gain parental consent in writing.

1.5       Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Credit

2.1       This document is an SEQ Legal document from Website Contracts (http://www.website-contracts.co.uk).

  1. Copyright notice

3.1       Copyright (c) 2017 website of the Forest of Marston Vale Trust.

3.2       Subject to the express provisions of these terms and conditions:

(a)        we, together with our licensors, 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.

  1. Licence to use website

4.1       You may:

(a)        view pages from our website in a web browser;

(b)       download pages from our website for caching in a web browser;

(c)        print pages from our website;

(d)       stream audio and video files from our website; and

(e)       use our website services by means of a web browser,

             subject to the other provisions of these terms and conditions.

4.2       Except as expressly permitted by Section 4.1 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, other than that which is clearly stated as being for the purpose of downloading (i.e. sponsorship forms, menus etc)

4.3       You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4       Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5       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.

4.6       Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.

4.7       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.

  1. Acceptable use

5.1       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, except for the purpose of search engine indexing;

(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).

5.2       You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3       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.

  1. Registration and accounts

6.1       You may register for an account with our website by completing and submitting the account registration form on our website.

6.2       You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.3       You must not use any other person's account to access the website, unless you have that person's express permission to do so.

  1. User login details

7.1       If you register for an account with our website, you will be asked to choose a password.

7.2       Your profile must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account in connection with the impersonation of any person.

7.3       You must keep your password confidential.

7.4       You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5       You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1       We may:

(a)        suspend your account;

(b)       cancel your account; and/or

(c)        edit your account details,

             at any time in our sole discretion without notice or explanation.

8.2       You may cancel your account on our website by contacting us and requesting that we delete it. We will pass this request onto our website hosts and inform you when it’s been deleted.

  1. Your content: licence

9.1       In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2       You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3       You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4       You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5       You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6       You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7       Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1     You warrant and represent that your content will comply with these terms and conditions.

10.2     Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3     Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)        be libellous or maliciously false;

(b)       be obscene or indecent;

(c)        infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)       infringe any right of confidence, right of privacy or right under data protection legislation;

(e)       constitute negligent advice or contain any negligent statement;

(f)        constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)        be in contempt of any court, or in breach of any court order;

(h)       be in breach of racial or religious hatred or discrimination legislation;

(i)         be in breach of official secrets legislation;

(j)         be in breach of any contractual obligation owed to any person;

(k)        depict violence in an explicit, graphic or gratuitous manner;

(l)         be pornographic, lewd, suggestive or sexually explicit;

(m)      be untrue, false, inaccurate or misleading;

(n)       consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(o)       constitute spam;

(p)       be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(q)       cause annoyance, inconvenience or needless anxiety to any person.

  1. Limited warranties

11.1     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.

11.2     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.

11.3     To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

12.1     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.

12.2     The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)        are subject to Section 12.1; 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 tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5     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.

12.6     We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7     We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8     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).

  1. Breaches of these terms and conditions

13.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)        send you one or more formal warnings;

(b)       temporarily suspend your access to our website;

(c)        permanently prohibit you from accessing our website;

(d)       block computers using your IP address from accessing our website;

(e)       contact any or all of your internet service providers and request that they block your access to our website;

(f)        commence legal action against you, whether for breach of contract or otherwise; and/or

(g)        suspend or delete your account on our website.

13.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Variation

14.1     We may revise these terms and conditions from time to time.

14.2     The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

  1. Assignment

15.1     You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

16.1     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.

16.2     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.

  1. Third party rights

17.1     A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2     The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

18.1     Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

19.1     These terms and conditions shall be governed by and construed in accordance with English law.

19.2     Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

20.1     The Forest of Marston Vale Trust is a Registered Charity number 1069229.

20.2     We are registered with the Charity Commission. See more information at: https://www.gov.uk/government/organisations/charity-commission

20.5     Our VAT number is 716320170.

  1. Our details

21.1     This website is owned and operated by The Forest of Marston Vale Trust

21.2     We are registered in England and Wales under registration number 3462405, and our registered office is at The Forest Centre, Station Road, Marston Moretaine, MK43 0PS.

21.3     Our principal place of business is as above.

21.4     You can contact us:

(a)        by post, using the postal address given above;

(b)       using our website contact form;

(c)        by telephone, on 01234 767037; or

(d)       by email, using [email protected]

 

Events and Ticketing Terms and Conditions and Cancellation Policy

If we unfortunately have to cancel any particular event, we will issue full refunds to pre-paid ticket holders. If the event is not a ticketed event, and no pre-payment has been made, then we cannot make any payments for travel or other costs to customers in the event of a cancellation. We reserve the right to cancel an event at any time.

 

When booking a ticket online for an event, customers must register an account with the website, giving basic contact details (name, email address, phone number) so that we can keep them informed about the event itself. After the event is completed they can contact us to remove their profile entirely, but their names will still show up on transaction reports relating to the event until we remove their data entirely, after a period of 7 years.

 

These contact details will be used to contact the customer to let them know if there are any changes to the event, or if the event is cancelled. If a customer provides a means of contact which they then do not engage with (i.e. they don’t answer their phone and we leave a voicemail which they don’t hear; we email them and they don’t check that account) we cannot be responsible for any travel/other costs incurred to the customer for attending an event which has since been cancelled or changed. This does not affect their right to a full refund. We will post details on our website and any relevant social media channels immediately upon cancelling an event.

 

If the ticket holder cannot attend the event for any reason after purchasing a ticket then we cannot guarantee a refund. In some cases, where we have a waiting list for a popular event, we are able to offer a refund as we can guarantee filling the space – however we need at least 5 days notice in this instance.

 

Tickets you purchase are for personal use, and cannot be re-sold.

 

In the event that we can re-schedule an event, any pre-paid ticket holders will be contacted and automatically be transferred to the new date. If they cannot attend, we will issue a full refund. If you have any questions relating to cancellations or refunds, please contact us on 01234 762615 or alternatively email us.

If a mistake is made in pricing, for whatever reason, we will either refund the order entirely so that you can re-order, or refund the over-charged amount directly to you.

On rare occasions, events may be filmed/photographed for use in marketing materials. We will try, where possible, to ask for consent if we are taking a close up shot where you (the subject) are identifiable, however we will not take any photos of children or vulnerable adults without prior written consent. If you feel you were photographed/filmed without consent, then please contact us directly so that we can remove any footage or images from our library.

Tickets will either be sent via email, post (on request) or available for collection at the Forest Centre. We reserve the right to not release tickets for collection until the day of the event.

We reserve the right to remove you from an event, or not allow you to enter the event, if your behaviour is deemed inappropriate (abusive, threatening, drunken, or anti-social) or if you are found to be carrying offensive weapons or illegal substances.

Information given by you to purchase tickets may be stored on our system and used for marketing purposes. You can opt-out of marketing emails at any time, and we will not disclose your information to any third parties.

 

Donations and virtual gifts

Dedicate a Tree

 

Dedicating a Tree is a form of donation to the charity. When donating to Dedicate a Tree, you receive either a PDF file that can be personalised, or a printed copy, posted to an address of your choosing, as a thank you. This will be sent out within 3 businesses days of receiving the order.

 

Colours shown on certificates on your screen may not reflect the final print quality. An email containing your certificate should arrive within minutes of payment completion but due to circumstances out of our control, this may not always be the case. If your certificate hasn’t arrived within 24 hours, please contact us on 01234 767037 or email [email protected] and we will arrange for it to be re-sent at the earliest convenience.

 

Dedicated trees are not identifiable in any way, and are not marked. Your donation goes towards maintenance of woodlands across the Forest of Marston Vale.

 

 

Leaf Plaques

 

Leaf Plaques are a form of donations to the charity.

 

Plaques remain the property of the Forest of Marston Vale Trust. We supply the plaque, and install at the earliest convenience. We do not accept plaques installed by alternative suppliers.

 

The Forest of Marston Vale Trust reserves the right to relocate any plaque as required. Where possible we will consult with the purchaser of the plaque regarding the re-location, however the final re-location decision remains with the Trust.

 

The Trust does not take responsibility for any damage caused to plaques either accidental or intentional by individuals or by natural forces, such as the weather. We will notify the purchaser of the repair/replacement costs, but will not be liable for these costs.

 

The Trust reserves the right to remove plaques which it considers to present a safety risk, without further notification. In the event of a plaque being removed due to it being a safety risk, The Forest of Marston Vale Trust will offer a replacement at the prevailing market cost. The Forest of Marston Vale Trust will not be responsible for any costs of replacement.

 

The Trust will carry out basic maintenance of plaques and their surrounding areas, in keeping with its current maintenance policy and in line with the resources available.

 

The Forest of Marston Vale Trust reserves the right to make changes throughout its sites, including the areas near plaques, without any prior notification.

 

The Forest of Marston Vale Trust does not allow flowers or other tributes to be attached to or near plaques and any such tributes will be removed without any notification.

 

Personalised messages

For personalised products, please be careful when filling out details to be printed/engraved as once they have gone through to print they cannot be changed, and we cannot offer refunds.

The Forest of Marston Vale is not responsible for the contents of personalised certificates. By donating for a personalised, e-certificate you are agreeing not to send anything offensive, threatening, unlawful or abusive in your personalised message.

If we are made aware by a recipient that they have received a certificate that breaches the above rules, we reserve the right to ban the sender from purchasing further services from our website.

We will vet the contents of leaf plaques and printed certificates before they are printed for obscene or abusive language. We are not, however, responsible for proof reading the spelling of any names or messages on the plaque, and while we will point out any obvious mistakes, once the item has gone to print, it is final.

 

 

Friends of the Forest

Friends of the Forest membership is a form of regular donation (monthly/annually) to the Forest of Marston Vale Trust. Benefits can be changed at any time, but in the case of any changes, all members will be informed by their preferred means of contact.

 

Individual (adult) Friends receive a welcome letter, membership card, Forest leaflet, Wetlands map and a small joining gift. They also receive discounts in the gift shop and on weekend room hire at the Forest Centre, subject to availability. Membership gives one adult free access to the Wetlands Nature Reserve.

 

‘Kids’ Friends receive a welcome letter, membership card, poster, sticker and 2 gifts. They also receive discounts on various events and activities throughout the year, subject to availability. Membership gives one adult and one child free access to the Wetlands Nature Reserve.

 

If you wish to cancel your regular payment, and it has been setup to automatically come to us via Paypal/your bank account, then you must cancel the payment at your end and then let us know in writing, via email ([email protected]) or via post (Forest Centre, Station Road, Marston Moretaine, MK43 0PR).

 

Annual payments are non-refundable – we cannot offer partial refunds part way through an Annual Membership year.

Payments

 

If there is a pricing error, or for some reason one of the above products becomes unavailable for any period of time, we will notify all customers visiting that particular page of the website and/or refund existing customers who are not able to receive the product.

For all of the above products, we may need to contact you to gain further information. We will only use the means of contact provided when you sign up, and will not pass those details onto any third parties.

Prices include VAT – prices are subject to change without notice.

We do not file details of your order for you to access at a later date on our website.

We accept Visa Credit, Visa Debit, Mastercard Credit, Mastercard Debit, Maestro and Paypal. We cannot accept payment by cheque.

Payment will be taken effective immediately once the donation has been made online, using secure providers. Please see our Privacy and Cookies policy for details of our payment providers.

By law you are entitled to receive products which are as described, fit for purpose and of satisfactory quality. If you receive a product which is faulty or damaged, contact us for a refund or replacement.

All donations made to appeals on our website will go towards the allocated project, however if the maximum amount is reached we will put additional donated money towards the general needs of the Forest of Marston Vale. If you wish to make sure that your money is returned if it does not go to a specific appeal, you must tell us in writing, when making your donation.

For donations of £100 or more made on credit/debit cards, you are entitled to a refund if you let us know within a 7 day ‘cooling period’. For more information, see http://www.legislation.gov.uk/ukpga/1992/41/section/61

If an appeal doesn’t reach its necessary total to complete a project and no alternative funding can be found, the funds will become unrestricted and be used for the general needs of the charity. You may tell us in writing if you object to any money you’ve donated going towards anything other than the project which you originally donated for and we will arrange a refund

For more details about where this money may go, contact us on 01234 767037 or email [email protected].