Online purchasing terms and conditions
These pages and the documents referred to in them, set out the relevant information about the Sharpham Trust and the Terms on which the Trust supplies you with any of its Services.These Terms will apply to any Contract between you and the Trust for the sale or provision via the Website of the Services described in Schedule 1. Please read the Terms carefully before ordering any of our Services via the Website. By agreeing to purchase Services via our Website you agree to be bound by these Terms. If you do not accept the Terms you should not order any Services via the Website.
1.Introduction and Information about the Trust
1.1.The Trust provides the Services.
1.2.To contact the Trust about these Terms or any of the Services provided by the Trust please contact: the Bookings Secretary at email@example.com
1.3.If you are a consumer these Terms do not affect your statutory rights as a consumer.
1.4.The Trust reserves the right to update and/or amend the Terms from time to time. Amendments are usually made to reflect changes in law, the ways in which the Trust accepts payments from you and to accommodate changes to the way Services are provided. The Trust will identify (by reference to the date of the Terms) on this page if the Terms have changed but you should ensure that you check these Terms carefully whenever you Order Services to ensure that you are aware of the current version of the Terms.
1.5.Each time you Order Services from the Trust you agree to the Terms in force at that time.
1.6.You confirm that by accepting these Terms you are at least eighteen (18) years old or you confirm that you have obtained the permission of the cardholder of the credit/debit card or Sage Pay registrant details you are using to purchase Services prior to making any such purchase.
2.Definitions & Interpretations
2.1.In these Terms the following words shall have the following meaning:
- Contract - means any agreement for the provision of Services formed between you and the Trust in accordance with these Terms.
- Order - means any order you place via the Website for the purchase of one or more Services.
- Order Confirmation - means an email sent to you accepting and confirming your Order for the purchase of Services.
- Service(s) – means the service(s), or any part of them (as defined in Parts A, B and C of Schedule 1) made available for purchase via the Website.
- Services Location - means the designated location (as appropriate) where the Services are to be provided as may be detailed on the Website.
- Special Condition(s) – means any special provision, requirement or amendment under the Terms applicable to a Service.
- Terms – mean these terms and conditions for the purchase of Services (including the Schedule(s) attached to them).
- Trust (or we/us/our) - means the Sharpham Trust, a company limited by guarantee and registered in England with registered address: Sharpham House, Ashprington, Totnes, Devon, TQ9 7UT, and Company number:1659601. The Trust has charitable status and our registered charity number is: 285767.
- Website - means the Sharpham Trust Website at http://sharphamtrust.org
- you and your - means the person or legal entity using the Website and/or placing an Order for Services via the Website.
3.Availability & Content
3.1.Access to the Website is permitted on a temporary basis, and the Trust reserves the right to withdraw, suspend or amend the Website. The Trust shall not be liable if, for any reason, the Website is unavailable at any time or for any period.
3.2.From time to time the Trust may restrict access to parts of the Website, or the entire Website.
Services via the Website
3.3.Whilst the Trust will make reasonable efforts to ensure that the information on the Website is correct, the materials and content displayed on it are provided without any guarantees, conditions or warranties as to its accuracy, including but not limited to information about the Services and prices described.
3.4.All Services shown are subject to availability. If Services you have Ordered are unavailable the Trust will inform you as soon as possible and will follow the procedures set out in clause 4.4 below.
4.Orders for Services
The Order process
4.1.The order process enables you to check the specific Services you are ordering before submitting your Order and making payment. Please check your Order carefully.
4.2.Where payment is made using Sage Pay your payment shall be processed by Sage Pay and will be subject to their terms and conditions. Please ensure that you read the Sage Pay terms carefully as the Trust is not responsible for and shall have no liability to you for such terms (or Sage Pay’s failure to comply with such terms).
4.3.After making an Order for Services via the Website, you will receive an Order Confirmation by email. Please keep a record of your Order Confirmation which shall include your payment, Services details and other relevant booking details.
4.4.All Services are subject to availability. If, for any reason, any or all of the Services you have ordered are or become unavailable or there has been an error in the price on our Website the Trust will make reasonable efforts to notify you of this as soon as possible after becoming aware of it. If you have already paid for the Services (either in whole or in part) the Trust will refund the amounts paid subject to clause 9 (Cancellation and Refunds) below.
4.5.The Trust may provide links within the Website to the websites of other companies/organisations/traders, whether affiliated with the Trust or not. The Trust is not liable for, and cannot give any undertaking or warranty that, any services (or goods) you purchase from third party sellers through the Website, or from companies to whose website the Trust has provided a link, will be of satisfactory quality, and any such liabilities and warranties are disclaimed by the Trust to the fullest extent legally allowed.
Delivery and Non-Delivery of Services
4.6.The Trust will make all reasonable endeavours to provide Services in accordance with the dates that we agree with you as confirmed in the Order Confirmation.
4.7.Where we are unable to provide the Services on dates that we have agreed (including if we are prevented or delayed in doing so by an Event Outside the Trust’s Control) we will give you as much notice as reasonably possible, and we shall act in good faith to re-schedule provision of the Services to alternate dates acceptable to you. Where alternate dates cannot be agreed, we shall refund your payment. For the avoidance of doubt, you agree that this is not a breach of contract by the Trust. However, if there is a cancellation due to an Event Outside the Trust’s Control we may deduct from your refund any reasonable costs and expenses we have incurred at your request.
4.8.If you are purchasing Services and you are not a consumer, you confirm that you have the authority to bind any business on whose behalf you use the Website to purchase Services. These Terms and any document expressly referred to in them constitute the entire agreement between you and the Trust. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not expressly set out in these Terms or any document referred to in them.
5.Payment and Location of Services
5.1.Unless otherwise agreed by the Trust in writing the Services Location, and the price for the Services, will be at the location and price as displayed on the Website.
5.2.The Trust takes all reasonable care to ensure that the prices of the Services listed on the Website are up to date and correct at any given time. It is however possible that despite the Trust’s efforts, some of the Services may be incorrectly priced. In such cases, where the correct price is lower than the price stated on the Website you will be charged the lower amount. If a price is higher than the price stated on the Website, the Trust will, at its discretion, contact you for instructions, or reject the Order and notify you of the rejection.
5.3.If a pricing error is obvious and unmistakeable, and could reasonably have been recognised by you as an error, the Trust is under no obligation to supply Services to you at the incorrect (lower) price, including following an Order Confirmation.
5.4.Unless you have obtained the Trust’s prior written agreement, your payment for the Services shall be made in full at the time you place your Order.
5.5.All payments shall be made in pounds sterling (£GBP) and payment for all Services must be made by credit or debit card or via Sage Pay. Please note that the Trust only accepts payment from the following cards: MasterCard, Visa, Maestro and Solo/Switch.
6.Limitations and Exclusions
6.1.If you are purchasing Services as a consumer the following provisions in this clause 6.1 shall apply:
- The Trust supplies the Services to you entirely for your private non-commercial use. You agree not to use the Services (or outputs from the Services) for any commercial, business or re-sale purposes unless otherwise agreed in advance with the Trust in writing.
- The Trust will be liable for a failure to comply with these Terms where the breach is one that was contemplated by you and the Trust at the time of the Contract and arises from our negligence, but not where a loss or damage is not one which was contemplated at the time of the Contract.
- Nothing in these Terms shall render the Trust liable to indemnify you in respect of any liability of any kind incurred by you to any other person, but this is not an exclusion of any liability that may arise by virtue of a breach by the Trust of these Terms or any negligence on the part of the Trust, its employees or agents.
- The Trust does not exclude or limit its liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any breach of any implied terms which cannot be excluded or limited at law.
6.2.If you are buying Services as a business the following provisions in this clause 6.2 shall apply:
6.2.1The Trust only supplies the Services for your internal business use and you agree not to use the Services (or any outputs from the same) for any re-sale purposes unless otherwise agreed in advance with the Trust in writing.
6.2.2The provisions set out at 6.1.4 above shall apply equally to the Trust’s liability to you as a business customer.
6.2.3Subject to 6.2.2 the Trust is under no circumstances liable to you, whether in contract, tort (including negligence) breach of statutory duty or otherwise arising under, or in connection with these Terms for:
18.104.22.168.any loss of profit, business, revenue or sales;
22.214.171.124.loss or corruption of data, information or software;
126.96.36.199.loss of business opportunity;
188.8.131.52.loss of goodwill; or
184.108.40.206.any indirect or consequential losses.
6.3.If you are a business customer subject to clause 6.2 the Trust’s total liability to you in respect of all other losses arising under or in connection with these Terms or any Contract for the Order of Services placed under them whether in contract, tort (including negligence) breach of statutory duty or otherwise shall in no circumstances exceed the price of the Services.
6.4.Except as expressly stated in these Terms the Trust does not give any warranties, representations or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is expressly excluded to the fullest extent permitted at law.
7.Communication with the Trust and the Trust’s Intellectual Property Rights
7.1.When you visit the Website or send an e-mail to the Trust, you are communicating with the Trust electronically. The Trust may communicate with you by e-mail or by posting notices on the Website. For contractual purposes, you consent to receive communications from the Trust electronically and agree that all agreements, notices, statements, specifications, timings, disclosures and other communications that the Trust provides to you electronically in respect of an Order satisfies any legal requirement that such communications be in writing. Where you are exercising your right to cancel a Contract please refer to clause 9 for the appropriate notification process.
8.1.Subject to clause 4.7, the Services shall be provided on the date(s) agreed between us in relation to the Service(s) Ordered by you and as confirmed in your Order Confirmation.
9.Cancellation and Refunds
9.1.If you wish to cancel an Order you must notify the Trust in writing (either by letter or email) as follows:
By post:Sharpham Trust, Ashprington, Nr Totnes, Devon,TQ9 7UT.
Please mark clearly to: The Bookings Secretary
By Email: firstname.lastname@example.org
Please make to the attention: The Bookings Secretary
You should also include the following details in your notification:
- details of your Order Confirmation; and
- including the date, time and venue of your booking.
9.1.1As a consumer you should be aware that you are entitled to certain contract cancellation (‘cooling off’) rights. These cancellation rights mean that during the period of 7 days from entry into a Contract with us you may withdraw from the Contract without giving any reason and without cost to you. In such instances however, if you choose to cancel your Contract with us within the cooling off period and we have already commenced work and/or incurred certain reasonable costs on your behalf or provided Services to you at your express request we may charge you for any reasonable costs and work carried out prior to cancellation.
9.2.If the Trust cancels a Service you have Ordered it will notify you promptly and refund in full any payments made by you.
9.3.Subject to your statutory rights:
9.3.1if you withdraw from a Service before the start date of the Service you will be entitled to a full refund provided you have informed us in writing at least twenty one (21) days before the start date;
9.3.2if you withdraw from a Service less than twenty one (21) days before the start date of the Service you shall not be entitled to any refund, however the Trust at its complete discretion may offer you a Service of comparable value at another date. If you withdraw due to a serious medical condition (medical certificate required as evidence), or due to such other circumstances as we may in our discretion decide, we may offer to you a refund in such circumstances;
9.3.3if you withdraw from a Service after the start date of the Service or do not attend the Service as agreed, there will be no refund of payments made unless you have withdrawn due to a serious medical condition (medical certificate required as evidence), or due to such other circumstances as we may in our discretion decide. A proportionate refund will then be made (based on the proportion of the Services attended);
9.3.4if there is a waiting list for a Service you have Ordered and we are able to resell your booking then we will refund any payment you have made (subject to deducting any reasonable costs we have incurred at your request and a £15 administration fee).
9.4.Refunds will normally be paid by cheque/BACS within less than 30 days of authorisation by us of a refund. Refunds will be paid by Sage Pay via the Bookings Secretary.
10.1.By placing an Order using the Website you warrant that:
10.1.1you are legally capable of entering into binding contracts; and
10.1.2any personal information you provide the Trust will be complete and accurate.
11.1.The Trust is currently insured by [INSURER]. Evidence of the cover we have in place can be provided on request.
12.1.The Trust is committed to maintaining your privacy and for this reason all payments are made using a specialist payment service provider. All personal data and payment details which are entered through the Website are encrypted to comply with the Payment Card Industry Data Security Standard (PCIDSS).
12.2.The Trust shall not be liable for any failure by you to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons during the payment process or in respect of any omission to provide accurate information in the course of the payment process.
13.Viruses, Hacking and Other Offences
13.1.You must not misuse the Website by knowingly introducing viruses, worms, logic bombs or other material which is malicious/harmful. You must not attempt unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website, or attack the Website via a denial of service, distributed denial attack or other similar means.
13.2.Anyone breaching this provision would commit an offence under the Computer Misuse Act 1990. The Trust will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the identity of those responsible to them. In the event of such a breach the person responsible will lose the right to use the Website immediately.
13.3.The Trust will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of the Website or downloading any material posted on it or any Website linked to it.
14.Notices and Communication
14.1.The Trust may communicate and give notice to you via post, email or by posting notices on the Website.
14.2.All notices from you to us should be made to the addresses stated at clause 9 (Cancellation and Refunds).
14.3.Notice(s) will be deemed received and served immediately if posted by us on the Website, twenty four (24) hours after an email is sent, or two (2) days after the posting of a letter by first class post. In proving the service of any notice it will be sufficient to prove that, in the case of a letter that letter was correctly addressed, stamped and posted, and in the case of an email that the email was correctly addressed and sent.
15.1.The Trust will not be liable or responsible for any failure to perform or delay in performance of any of the Trust’s obligations under a Contract that is caused by an Event Outside of the Trust’s Control.
15.2.An Event Outside of the Trust’s Control means any act or event beyond the Trust’s reasonable control including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications network, impossibility of use of public/private transport, or inclement weather that makes provision of Services impossible, unsafe, unsustainable or unsuitable in all the circumstances.
15.3.If the Event Outside of the Trust’s Control occurs that affects the performance of the Trust’s obligations under a Contract:
15.3.1the Trust will notify you as soon as possible;
15.3.2the Trust’s obligations under a Contract will be suspended and the time for performance of its obligations will be extended for the duration of the event.
15.4.The Trust reserves the right to defer the date of delivery of Services or to cancel the delivery of Services in the case of any Event Outside of the Trust’s Control which prevents or hinders the delivery of the Services.
16. Privacy Statement and Data Protection
16.1.The Trust is committed to protecting your privacy. The Trust will only use your personal details, collected when you use the Website lawfully and in accordance with the principles of the Data Protection Act 1998 and the Trust will ensure that your personal data is kept secure and confidential and is not used or disclosed other than as provided for under:
16.1.3or, as required by law in accordance with the Data Protection Act 1998.
16.2.The Trust will process and hold the information provided by you only for the purposes of supplying the Services which are the subject of your Order.
16.3.[The Trust will not email or mail you in the future unless you have given the Trust prior consent to do so.
16.4.The Trust will not collect sensitive information about you without your consent. The Trust does not sell, rent or otherwise make available any personal data submitted by visitors to the Website to third parties.
17.1.These Terms are not enforceable under the Contract (Rights of Third Parties) Act 1999 by any person not a party to them.
18.Law and Jurisdiction
18.1.These Terms and all Orders placed via the Website will be governed by and construed in accordance with English Law and all parties submit to the exclusive jurisdiction of the English Courts.
19.1.The Trust reserves the right to revise and amend these Terms from time to time to reflect changes in market conditions, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
19.2.You will be subject to the policies and Terms in force at the time that you Order Services from the Trust (which are accepted by us), unless any change to those policies or these Terms is required to be made by law or governmental authority.
20.1.The Terms shall apply from Order Confirmation and shall expire once all Services confirmed in the Order Confirmation have been provided to you, subject to payment of all outstanding fees due.
21.Complaints and Trust Contact Details
21.1.If you wish to contact the Trust about your Order or you have a complaint about any aspect of the Website or the Services please contact the Trust at the addresses set out at clause 9 (Cancellation and Refunds).
22.Terms applicable to your use and access to our Website (and miscellaneous)
22.2.The Website and all of its contents, including but not limited to, the text, Website (as well as the organisation and layout of the Website), design, drawings, logos, graphics, icons, images, photography, artwork and publications on the Website are owned and copyrighted by the Trust or its licensors with all rights reserved unless otherwise stated.
22.3.Nothing in these Terms shall be interpreted as conferring any express or implied licence to use any IP that belongs to the Trust or any third party. Unless stated in these Terms you are not permitted to use any Content or IP without the Trust’s written permission.
22.4.The following exclusions in this clause 22.4 relate to your use of the Website only (as opposed to your purchase of Services via the Website). Use of the Website is at your own risk. To the fullest extent permissible by law, the Trust excludes its liability and that of its officers, agents and sub-contractors for any of the following losses or damage:
22.4.1loss of damage incurred by you or any third party where the Trust is compliant with these Terms;
22.4.2loss or damage incurred by you or any third party where the Trust is not compliant with these Terms but the loss or damage is not one that would have been anticipated by you or the Trust when using the Website;
22.4.3any loss which is indirect to the main loss or damage suffered by you and which was not anticipated including without limitation, loss of data, loss of profit, loss of opportunity or goodwill;
22.4.4any loss or damage suffered by you for not being able to provide you with access to the Website or if the Website is interrupted or provided with errors or for any loss or damage arising out of an Event Outside of the Trust’s Control.
22.5.Nothing in these Terms is intended to limit or exclude your statutory rights as a consumer. For further information about your legal rights please refer to your local authority Trading Standards Department or Citizens Advice Bureau.
22.6.The Trust shall ensure that it will provide Services with all reasonable skill and care.
22.7.The Contract between us shall expire on completion of the Services (subject to all outstanding costs and payments being met), however either party may terminate the Contract immediately on written notice to the other if a party is in material breach of its obligations under the Contract. Any expiry or termination of the Contract (in whole or in part) for any reason shall not affect any accrued rights or liabilities of either party, nor prevent either party pursuing other remedies available to it. Those provisions of the Contract which expressly or by implication are to survive expiry or termination shall continue in force.
22.8.If any provision under these Terms appears to conflict with any Special Condition(s) set out in the Schedule, the Special Condition(s) shall take precedence.
22.9.The Trust does not guarantee or warrant that the Website will be continuously available or be uninterrupted, free from errors, viruses or omissions. The Trust reserves the right to amend, suspend or discontinue some or all of the Website without providing notice to you.
22.10.If at any time any part of the Terms are determined to be invalid, illegal or unenforceable in any respect pursuant to applicable law then that invalid, illegal or unenforceable part shall be severed from the remainder of the Terms and the validity, legality and enforceability of the remainder of the Terms shall not be affected or impaired in any way.
Schedule 1 – Services
The following parts of this Schedule 1 (Parts A to C) describe the Services made available for purchase via the Website, and each part sets out any Special Conditions applicable to the Service provided under that part.
Part A – COURSES: means any of our coursesincluding outdoor courses and land based learning courses, indoor courses in mindfulness, arts courses, sustainability courses and our subject specific courses.
Part B – ACTIVITIES: means any of our programme of activitiesincluding 'one off' (day-long) activities, indoor/outdoor activities, arts, mindfulness, outdoor learning and subject specific activities.
Part C – EVENTS: means any event we put on including celebration days, annual open days, conferences, seasonal festivals and family camps.