PowerWood Online Products and Services Terms and Conditions

Welcome to PowerWood and thank you for supporting us.

Introduction

1. 1. These Terms and Conditions will apply to the purchase of the Products by you (the Customer or you). We are PowerWood Project CIC a company registered in England and Wales under number 8986490 whose registered office is at 123 Cale Way, Wincanton, BA9 9DB, United Kingdom with the email address of office@powerwood.org.uk; telephone number 0044 20 32 90 57 64 (the Supplier or us or we).

1. These are the terms on which we sell all Products (defined below) to you. By ordering any of the Products, you agree to be bound by these Terms and Conditions. You can only purchase the Products from the Website if you are authorised to do so, eligible to enter into a contract and are at least 18 years old.

Interpretation

1. 1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.

1. 1. Contract means the legally-binding agreement between you and us for the supply of the Products.

1. 1. Delivery Location means the Supplier’s premises or other location where the Products are to be supplied, as set out in the Order.

1. 1. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information and allows the unchanged reproduction of the information stored.

1. 1. Order means the Customer’s order for the Products from the Supplier as submitted following the step by step process set out on the Website.

1. 1. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website.

1. 1. Products mean the digital or physical goods, products, workshops, services and Subscriptions advertised and described on the Website and which we may supply to you pursuant to an accepted Order. Certain Products may be paid for either as a one-off lump sum or (at our discretion) across a period of months (for example where you are buying a series of courses). Where you pay for Products across multiple months this shall be treated as a Subscription for those specific Products with a fixed term of the number of months stated in the relevant Order. For the avoidance of doubt, where Products are paid for over a series of months, this is not intended to be any form of consumer credit offering under the Consumer Credit Act 1974 and is simply a way of paying for a series of courses over the period the courses run for.

1. 1. Subscription means the Customer’s subscription to the Website. The Products, services and benefits included as part of your subscription are as described on our website and may, for example, include free or reduced prices for certain Products.

1. 1. Subscription Fee means the cost of the Customer’s Subscription.

1. Website means our website available at https://www.powerwood.org.uk/.

Miscellaneous

1. 1. You acknowledge that we are not medical practitioners and as such we would always advise that you see your GP to discuss how to best support yourself and/or your child when you suspect mental health and all other health and behavioural issues.

1. 1. If at any stage during your participation in any of the programmes or courses we offer you want to share any comments or feedback and you do not feel comfortable sharing with your workshop leader, please feel free to write an email to directors@powerwood.org.uk to share your concerns. They will normally get back to you within seven working days.

1. Additionally, you acknowledge that we may be recording the audio/video of all real-time and real-life workshops and may use it for promotion, to sell it on our Website, or to provide for those that miss the live session. By purchasing our Products you give us your consent for doing such things. If you do not want to be in the film please make the camera crew aware in a real-life situation or disable your camera on the given online platform before the workshop starts.

Products

1. 1. The description of the Products is as set out in the Shop on the Website.

1. 1. All Products which appear on the Website are subject to availability.

1. We can make any changes to the Products which we deem desirable or which we consider are necessary to comply with any applicable law or safety requirement. We will notify you of any material changes.

Subscription Description

1. There are multiple membership and Subscription types available (including FreeBee, Friend and Family) and these may change from time to time.  Full details of the available Subscriptions and the level of features which you will have access to depends on your Subscription level, full details of this are provided on our Website.

Personal Information and Registration

1. 1. When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.

1. 1. We retain and use all information strictly under the Privacy Policy.

1. We may contact you by using e-mail, telephone or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale

1. 1. The description of the Products on our website does not constitute a contractual offer to sell these Products. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

1. 1. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting it. It is your responsibility to check that you have used the ordering process correctly.

1. 1. A Contract will be formed for the sale of Products ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Products supplied under the Contract.

1. 1. No variation of the Contract, whether about description of the Products, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

1. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

Fees, Payments and Renewals

Fees

1. 1. The Subscription Fee is that set out on the Website at the date of your Subscription.

1. 1. The price of the Products and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

1. 1. Prices and charges include VAT at the rate applicable at the time of the Order.

1. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Products.

Intellectual Property

1. For the purposes of these terms, “Intellectual Property Rights” means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to Products, business names, Product names and logos, processes, trade secrets, confidential information and any similar right in any jurisdiction.
2. We shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to the Products and all other content found on the Website (the “Content”).
3. Except as otherwise provided in these Terms, you must not:
   1. reproduce, modify, translate or create derivative works of any Content;
   2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content; or
   3. circumvent or disable any security or technical features of the Content.
4. The names of any companies or products mentioned on the Website may be the trademarks of their respective owners.
5. All Content is Copyright © PowerWood Project CIC and/or its suppliers, affiliates and partners. All rights reserved.

Termination of Subscription

1. 1. You must provide us with at least one month’s written notice of your intention to cancel a Subscription. This notice should be sent to office@powerwood.org.uk.

1. Unless otherwise stated, Subscriptions cannot be terminated before the end of the 12 month period starting on the day the Order is accepted.

Payment

1. If your payment fails or you do not pay for on time, we may immediately cancel or revoke your access to the Products. If you contact your bank or credit card company to decline or reverse the charge of fees for our Products, we may revoke your access to the Products.

Automatic Renewal of Subscription

1. To ensure uninterrupted service, your Subscription to our Website is automatically renewed. This means that unless you cancel a Subscription before the end of the applicable subscription term, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable Subscription Fee (as well as any taxes). Your Subscription is renewed for the same interval of time.

Delivery of Products

1. 1. We will deliver the Products online or to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into (unless another time scale applies).

1. 1. Where applicable, in any case, regardless of events beyond our control, if we do not deliver the Products on time, you can (in addition to any other remedies) treat the Contract at an end if:
      1. 1. we have refused to deliver the Products, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
      1. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

1. 1. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

1. 1. Where applicable, for the delivery of an Order to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands, you may need to pay import duties or other taxes, as we will not pay them.

1. Where applicable, the Products will become your responsibility from the completion of delivery. You must, if reasonably practicable and relevant, examine the Products before accepting them.

Risk and Title

1. 1. Where applicable, risk of damage to, or loss of, any Products will pass to you when the Products are delivered to you.

1. Where applicable, you do not own the Products until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Products still owned by you, in which case you must return them or allow us to collect them.

Withdrawal, Returns and Cancellation

1. 1. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
   1. 1. goods that are made to your specifications or are clearly personalised;
   1. goods which are liable to deteriorate or expire rapidly.

Right to Cancel

1. 1. Subject as stated in these Terms and Conditions, you can cancel this Contract within 14 days without giving any reason.

1. 1. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Products. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

1. 1. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg. a letter sent by post, fax or email). You must be able to show clear evidence of when the cancellation was made.

1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Returning Products

1. 1. If you have received physical Products in connection with a Contract which you have cancelled, you must send the Products back to us  to us at our registered office  without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Products.

1. For the purposes of these Cancellation Rights, these words have the following meanings:
   1. 1. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
   1. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

1. 1. We have a legal duty to supply the Products in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

1. 1. Upon delivery, the Products will:
      1. 1. be of satisfactory quality;
      1. 1. be reasonably fit for any particular purpose for which you buy the Products which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
      1. conform to their description.

1. It is not a failure to conform if the failure has its origin in your materials.

Successors and our Sub-Contractors

1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances Beyond the Control of Either Party

1. In the event of any failure by a party because of something beyond its reasonable control:
   1. 1. the party will advise the other party as soon as reasonably practicable; and
   1. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Privacy

1. 1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

1. 1. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (https://www.powerwood.org.uk/privacy-policy-cookies/).

1. 1. For the purposes of these Terms and Conditions:
      1. 1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
      1. 1. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
      1. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

1. 1. We are a Data Controller of the Personal Data we Process in providing Products to you.

1. 1. Where you supply Personal Data to us so we can provide Products to you, and we Process that Personal Data in the course of providing the Products to you, we will comply with our obligations imposed by the Data Protection Laws:
      1. 1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
      1. 1. we will only Process Personal Data for the purposes identified;
      1. 1. we will respect your rights in relation to your Personal Data; and
      1. we will implement technical and organisational measures to ensure your Personal Data is secure.

1. For any enquiries or complaints regarding data privacy, please contact us at office@powerwood.org.uk.

Excluding Liability

1. 1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Products wholly or mainly for its business, trade, craft or profession.

1. You agree that to the extent permitted by relevant law the Supplier’s liability to you is limited to the amount which you have paid to Supplier for the relevant Products in the last 12 month period.

Governing Law, Jurisdiction and Complaints

1. 1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

1. 1. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

1. We try to avoid any dispute, so we deal with complaints in the following way:
   1. If you want to share any comments or feedback that you don’t feel comfortable sharing with your workshop leader, please write and email to directors@powerwood.org.uk to share your concerns. They will endeavour to get back to you within 7 working days.

Attribution

This legal document was created with the assistance of Rocket Lawyer.