Terms and conditions
Terms and conditions
THE CLIENT’S ATTENTION IS DRAWN, IN PARTICULAR, TO CLAUSE 18.10.
1. These terms
- 1.1 By becoming a member of the Sustainable Wedding Alliance and/or by using the Sustainable Wedding Alliance website and/or members area within it, and / or membership platform, you are deemed to have read and agreed to the following Terms and Conditions.
- 1.2 We have supplied these terms and conditions to you in English and we will continue to communicate with you in English. Please read these terms carefully.
- 1.3 These terms and conditions shall be interpreted in accordance with the laws of England. The services shall be performed in English and no other language.
2. How to contact us
- 2.1 You can contact us by telephoning us on +44(0)1488 491354 or by writing to us at firstname.lastname@example.org.
- 2.2 Our head office is based in the United Kingdom. Our standard business hours are 9am – 4pm GMT Monday to Thursday.
- 2.3 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 have provided to us.
3. Provision of the Website and Resources
- 3.1 All resources accessible via the website including the membership platform, and or members area will always remain the property of the Sustainable Wedding Alliance and are not to be reproduced in any format or medium or distributed to non-members.
- 3.2 When you access a resource, the resource is licensed to you by us for your own personal or internal business use. Except as otherwise may be described explicitly within a particular Resource, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Resources in any way.
- 3.3 By accessing, opening, viewing and or using a Resource, you agree that the Resource may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the Resource and you shall not offer any competing products or services based upon any information, content, format or other data contained in the Resource.
4. Your responsibilities. You warrant and represent that:
- 4.1 You are an individual who has agreed to these terms and conditions (as may be updated from time to time – see clause 19) and you have the requisite authority to do so If acting on behalf of another entity.
- 4.2 You will not use our Company name, logo, and or resources in a derogatory or defamatory way and will not defame or infringe any copyright, trademark or other intellectual property rights of the Company or any other third Party through use of the website, resources or membership portal.
- 4.3 You will not knowingly or wilfully submit inaccurate, false, or misleading information to us or the website or membership portal.
- 4.4 You will not upload or attempt to upload any content or data to the website or membership portal. Neither will you attempt to hack, reverse engineer, disassemble, decompile, alter, edit, copy, distribute, circumvent or bypass any code that forms part of the website, membership portal or Resources.
- 4.5 You will not attempt to gain unauthorized access to areas of the website, membership portal, or to Resources. I.E areas or resources to which you do not have a valid membership subscription or have been formally granted access by the Company.
- 4.6 You are responsible for the Integrity of the Information you provide to the Company and or website and or membership portal.
- 4.7 You will not modify, reproduce, display, publish, distribute, copy, transmit, perform, license, sub-license, transfer, sell or re-sell, make derivative works from any of the resources obtained through your use or access of the website, membership portal and or through your membership or any other means.
- 4.8 You will not use the website or membership portal in a way that violates the Intellectual property or any other rights of us or others.
- 4.9 You will notify us of any errors, inaccuracies, inconsistencies, breaches of data, and or breaches of trust in a timely manner, acting with honesty and integrity at all times when Interacting with the website, membership portal,and or us.
- 4.10 You will ensure only persons authorised by the Company will have access to the members area and or Resources and will not share any password, access code, log-in details or any other information we have granted you whether or not it may or may not breach the security and or Integrity of the website, membership portal or data within It.
- 4.11 You will not use automated tools not limited to computer code, screen scrapers, download tools, peer to peer software, torrents, batch interfaces etc. to download, modify, access or otherwise Interact with resources from the website, membership portal and or members area under any circumstances.
- 4.12 You will not pass off resources or content from the website, membership portal or from your membership as your own.
5. Fees and Payment
- 5.1 Membership is provided upon payment of an annual subscription fee to be renewed annually. This applies to all membership categories.
- 5.2 Members are required to pay for their membership at the time of purchase by bank transfer. We will invoice annually and payment must be made within 30 calendar days of the due date written on the invoice otherwise your membership will lapse and access to our Sustainable Wedding Alliance platforms and any members areas will cease.
- 5.3 From time to time, we may offer `UK based members the option to pay the annual subscription fee in 12 monthly instalments via direct debit (the annual subscription fee due is the same regardless of payment via monthly direct debit or one-off annual bank transfer).
- 5.4 Membership will not be activated until all relevant fees have cleared.
- 5.5 We may terminate your membership and remove you from all our Sustainable Wedding Alliance platforms if your payment fails and we are subsequently unable to contact you to collect it.
- 5.6 If you do not pay the fees when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership and or supply or delivery of resources until you have paid us the outstanding payment. We will contact you to tell you we are suspending membership and or supply of resources. We will not suspend membership or supply of resources where you dispute the unpaid invoice, however please see clause 9.1.
- 5.7 The Sustainable Wedding Alliance is not liable for any late payment fees or reclaimed failed payments or for any overdraft fees incurred. It is your responsibility to ensure your bank details are correct and up to date and funds are available on the payment date.
- 5.8 The Sustainable Wedding Alliance does not accept payment in the form of cheques.
- 5.9 If you think an invoice is incorrect, please contact us by email promptly to let us know. If we agree following a dispute that we have made an error in the invoice, or if we independently establish that we have made an error in the invoice we will correct the invoice and the corrected Fee will be due for payment from you to us from the original due date of the invoice.
6. Supplementary Resources
- 6.1 The Company will from time-to-time release access to paid for Supplementary Resources that are separate from the resources and membership benefits and are not included within the membership or as part of the membership subscription.
- 6.2 If you purchase access to a Supplementary Resource, it will be available to you through an immediate lifetime access license for your own personal or internal business use. Except as otherwise may be described explicitly within that Supplementary Resource, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Supplementary Resources in any way.
- 6.3 By purchasing access to a Supplementary Resource, you agree that the Supplementary Resource may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the Supplementary Resource and you shall not offer any competing products or services based upon any information contained in the Supplementary Resource.
- 6.4 No refunds will be given for access to a Supplementary Resource you have purchased as you shall be immediately granted instant lifetime access to the Supplementary Resource and we cannot reverse this access. We always clearly describe what you will be getting from a particular Supplementary Resource before you make a purchase. This will give you a full understanding of what to expect within the Supplementary Resource. If you have any queries regarding any Supplementary Resource you can contact email@example.com to discuss this at any time prior to purchase.
7. Changing Your Mind
- 7.1 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Services bought over the telephone or by internet for those based in the UK only you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in those Regulations.
- 7.2 If we contract with you to provide additional Services you have 14 days to change your mind after the day, we write to you to confirm the separate contract or Terms of Reference. If you exercise your right to change your mind within the 14 days after we have written to you to confirm the contract or Terms of Reference, we may deduct from any refund an amount for the supply or provision of any additional Services for the period for which they were supplied or provided, prior to your notification to us that you wished to change your mind. In this case the amount deducted will be in proportion to what has been supplied, in comparison with the full coverage of the additional services contract.
- 7.3 For Membership subscriptions however, when you become a member and we have granted you access to any resources and or members area, you do not have the right to change your mind, even if the 14-day cooling off period is still running.
- 7.4 Memberships are provided on an annual basis. If you cancel your membership after we have granted you access to the members area, and or you are part way through your membership subscription you must pay the remainder of that year’s annual membership subscription even if you do not continue to access the members area or use any resources provided by us.
8. Cancellation of membership and Refunds Policy
- 8.1 You may request to cancel your membership at any time by emailing our support team at firstname.lastname@example.org. We will process your request within 7 working days to confirm that upon your annual renewal date your membership will cease and you will not be invoiced for another 12-month membership subscription.
- 8.2 For cancellation requests received where payment is made by direct debit, you will remain liable for full payment of the annual 12-month subscription for the period for which you are subscribed, and we will process your request within 7 working days to confirm that upon your annual renewal date your membership will cease and no more direct debit payments will be taken from your annual renewal date. If there are fewer than 5 working days before your payment of the next annual subscription (generally your renewal date but may be another date if another date has been selected for the direct debit to be taken), we will endeavour to cancel your annual renewal before the next payment is taken, but if this is not possible, the next monthly payment will be taken and your membership will run until the following months payment date, upon which payments and membership will cease. It is therefore advised to submit any cancellation request at least 7 days prior to your annual renewal date.
- 8.3 No refunds of membership fees will be given under any circumstances in part or in whole regardless of reason and or regardless of when during the annual cycle of your membership subscription your request for cancellation of membership subscription may be received by us.
9. Our rights to terminate your membership
- 9.1 We may terminate your membership if we deem you to have acted in a way that is contrary to the ethos of our Company and or have acted against or breached these terms and conditions or for any other reason. If this occurs we will write to inform you. We reserve the right not to give a reason for terminating your membership. If we terminate your membership, you may be entitled to a pro-rata refund of your annual membership subscription.
10. If there is a problem with the Website
- 10.1 If you have any questions or complaints about the Website, member portal the information contained within the members area, please contact us.
- 11.1 The information on this website and member portal is provided on an “as is” basis.
- 11.2 The information contained on the Website, membership portal and the resources available for viewing and or download through this Website and membership portal are for educational and informational purposes only. The information contained on this Website, membership portal and the resources available for viewing and or download through this Website and membership portal are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
- 11.3 To the fullest extent permitted by law, this Company does not represent and or provide any warranties relating to this website, membership portal and or its contents or that which is, or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website, membership portal and/or the Company’s literature; and
- 11.4 To the fullest extent permitted by law, this Company cannot be held liable for damages arising out of or in connection with your use of this website, membership portal, resource, supplementary resource, and or the provision of any Services by us to you in any context. This includes without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of business or you have advised this Company of the possibility of such potential loss), damage caused to your reputation, business interruption, loss of business opportunity, trading, computer, computer software, systems and or programs and or the data thereon or any other direct or indirect, consequential and incidental damages.
- 11.5 We cannot be held liable for events that are outside of our control. This includes any such delay, delays, impact or impacts caused by force majeure events. You must not rely on us for the production of timely or accurate information, data, resources, supplementary resources, materials, or services that are or may become critical to you or your business.
- 11.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so within English law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our provision of the website, membership portal and any contracted additional Services we may provide to you including the right to receive Services which are as described and match information we provided to you and for defective Services under the Consumer Protection Act 1987.
- 11.7 None of your statutory rights as a consumer are affected.
12. Privacy Statement
- 12.2 We may need certain information from you so that we can administer your membership or supply resources and or Services to you. If so, this will have been told to you over the telephone, on our website or told to you in writing. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either stop providing resources and or Services to you, or cancel your membership. We will not be responsible for any impact of any kind that may arise from supplying Services late or not supplying any part of the membership if this is caused by you not giving us the information, we need within a reasonable time of us asking for it.
- 13.1 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited communication. Any emails sent by this Company will only be in connection with the provision of agreed membership benefits and or services.
14. External links
- 14.1 We do not monitor or review the content of other Party’s websites which are linked to from this website. The opinions or material appearing on linked websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher or promoter of such opinions or material. We are not responsible and are not liable for breaches of privacy, nor the opinions of and or the content of any other site and or publisher or content provider. We do not accept any responsibility or liability for any loss or damage whatsoever (including but not limited to damage to reputation or business) and or however caused that results from your interaction with another party’s website, code, bot, macro, or any other technology or material.
- 15.1 If you have agreed to act as an ambassador for the Company, we salute you! We thank you for your time, passion and dedication to the cause. For legal clarity we kindly draw your attention to clause 18.3.
16. Copyright Notice
- 16.1 We reserve all rights and assert and retain all Copyright and intellectual property rights over the website, membership portal, all resources, supplementary resources, code, tools and or services presented or licensed through or upon the platform.
- 16.2 You do not own any right to the information we provide to you or that you have access to by virtue of your using the website, membership portal or through your membership. From time- to-time we may provide resources via the members area or through additional agreements, contracts and or supplementary resources any and all of which the ownership and copyright is retained by us. For resources we only grant you a revokable non-permanent, non-exclusive license which is fully transferable by us only and is terminated and rescinded at the point in which you cease to become a member. For supplementary resources that have been fully paid for by you, we only grant you a non-exclusive license transferable by us only for your own personal or business use as specified in section 6 of these terms and conditions. At no point do you hold any rights of ownership, authorship or copyright to any of the resources or supplementary resources or any information or data on the platform.
- 16.3 Our Company logo, branding and name are copyright and are trademarks of this Company in the United Kingdom and worldwide.
17. Force Majeure
- 17.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to a force majeure event. Any Party affected by such event shall inform the other Party of the issue and shall use all reasonable endeavours to comply with these general terms and conditions for the duration of the force majeure event. Following the force majeure event these general terms and conditions will continue to apply as if the force majeure event had not occurred.
18. Other important terms
- 18.1 Joint and Several Liability. When you become a member or enter into any contract with us, you shall be jointly and severally liable for all your obligations as set out in these terms and conditions.
- 18.2 You need our consent to transfer your rights in any way. You may only transfer your rights or your obligations under these terms and conditions to another person or business entity if we agree to this in writing.
- 18.3 No Joint Venture. Nothing in these terms and conditions or in any contract you may agree and or sign with us causes you and/or us to enter into a joint venture. Nothing in these terms and conditions or in any contract you may agree and or sign with us implies or facilitates the entering of or agreement to any joint venture between you and us, or between us and any Supplier, third party, or third parties.
- 18.4 Nobody else has any rights under these terms and conditions. This contract is between you and us. No other person or business entity shall have any rights to enforce any of these terms and conditions unless they are acting as expressly and specifically appointed by a legal Judge or Magistrate. We will not need to get the agreement of any other person or business entity to make any changes to these terms and conditions outside of the legal agreement that may exist between you and us should a signed contract between you and us be in effect.
- 18.5 If a court finds part of these terms and conditions illegal, the rest of these terms and conditions will continue in force. Each of the clauses, sub clauses, and paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses, sub clasues, and paragraphs will remain in full force and effect.
- 18.6 Even if we delay in enforcing any aspect of these terms and conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide member benefits, we can still require you to make the payment at a later date.
- 18.7 These terms and conditions are governed by English law. By accessing the website, membership portal and or by using our services and or by becoming a member, you consent to these terms and conditions and to the exclusive jurisdiction of English law in all disputes arising.
- 18.8 These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing by duly authorised representatives of the Company.
- 18.9 By agreeing to these terms and conditions you irrevocably agree you have no right to file, charge, claim, sue or cause or permit to be filed, charged or claimed, any action for damages or other relief (including injunctive, declaratory, monetary relief or other) against the Company, involving any matter whatsoever. Instead, should a dispute arise, you agree to be bound by our choice of independent alternative dispute resolution service (a process where an independent body considers the facts of a dispute and seeks to resolve it, without going to court). If you are not happy with how we have handled any complaint, you may instruct us to initiate the alternative dispute resolution process in order to help bring the matter to a conclusion. In any case, liability for any failure of or by the Company under these terms and conditions or as may arise during the course of business shall be limited, and in no event shall our liability exceed the most recent membership fee paid by you to the Company or Eight Hundred Pounds Sterling whichever is the less. You further agree the Company will not be liable in any way whatsoever nor for any monetary amount which may arise from or relate to any claims of any kind which occur following termination of your membership or this contract between you and the Company.
- 18.10 These terms and conditions constitute a contract between you and us and supersedes all prior oral or written agreements representation and contracts with regard to the subject matter hereof. Your accessing the platform, website, membership portal, and or becoming a member and or purchasing supplementary resources or additional Services indicates your understanding, agreement to and acceptance of these full Terms and Conditions. Your statutory Consumer Rights are unaffected.
19. Notification of Changes
20. Definitions used in these Terms and Conditions and any other agreements on this site
- 20.1 These definitions apply in both singular or plural form. Both the singular and plural can be used interchangeably regardless of whether the definition refers to the singular or plural term. These definitions apply whether or not any letters of the defined term are capitalised. These definitions may apply to related paragraphs within clause 21 as well as throughout the entirety of the terms and conditions.
- 20.2 “Additional Services” are Services we may provide to you that are separate from member benefits and that are not Included as part of membership.
- 20.3 “Ambassador” means a person who has agreed to champion sustainability and the Sustainable Wedding Alliance bringing their knowledge to help drive sustainable change in the wedding industry.
- 20.4 “Annual Renewal Date” Is the date on which your current annual membership subscription ends and the date on which if you choose to continue to remain a member and if the Company approves that you are able to continue to be a member, your annual subscription fee becomes due to cover the next 12 months of your membership.
- 20.5 “Annual Subscription fee” see membership subscription.
- 20.6 “Another Entity” means a Company you own or are employed by.
- 20.7 “The Company”, “Ourselves”, “We” and “Us”, refers to the Sustainable Wedding Alliance.
- 20.8 “Fee”, “Fees”, “price” is the defined cost to you for the membership subscription and or separate cost of supplementary resources and or additional services as may be set out and defined on the platform and or separate contract or terms of reference for additional services.
- 20.9 Force Majeure, Force Majeure Event Is one or more of the following situations or impediments: war (whether declared or not), armed conflict or the serious threat of the same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilisation; civil war, riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience; act of terrorism, sabotage or piracy; plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other restrictions; we suffer unexpected ill health or bereavement; act of Government whether lawful or unlawful, compliance with any law or Government order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalisation; act of God or natural disaster such as but not limited to storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought; explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, telecommunication or electric current; general labour or industrial disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises; shortage or inability to obtain critical material or supplies to the extent not subject to the reasonable control of us.
- 20.10 Government means HM Government, Regional and Local Authorities, Councils, Unitary Authorities, and all organistations and people representing any position of or within Civic or Military authority.
- 20.11 “Individual” means a single living human being that is not representing another entity other than those described in 20.5. I.E. You are not representing another entity that could be generally described as (and not limited to) a collective, charity, NGO, not for profit organisation, group, Information or knowledge sharing scheme or service, data sharing or data mining collective etc.
- 20.12 “Member” means a person who the Company has accepted to be a member and has been granted membership and access to certain resources that aren’t usually available to non-members.
- 20.13 “Membership portal” Is synonymous with membership platform and is an area of the website exclusively designed only to be accessed or available to members.
- 20.14 “Membership” is granted to a member at the Company’s discretion and only upon acceptance of these Terms and Conditions and the payment of an annual membership subscription. Membership provides benefits that non-members do not have, such as access to member only resources.
- 20.15 “Membership benefits” means access to the members area where certain member only resources are made available that are not usually available to persons who are not members, as well as any other specific non contracted additional benefit that we may or may not confer to members from time to time at our sole discretion.
- 20.16 “Membership subscription” means the fee payable on an annual basis as one of the preconditions of being granted membership by the Company. This is the annual fee paid by a person who wishes to be a member and is one of the criteria required to have been met before the Company will authorise membership and grant access to membership benefits.
- 20.17 “Person” means individual.
- 20.18 “Platform” means the website, members area resources and any other means in which the Company operates, communicates or Interacts with you.
- 20.19 “Resource” means any singular and or all collective resource, product, material, information, content, software, tool, item, image and or artefact that we have or may have intellectual property rights over, hold copyright or any other rights whatsoever that is hosted on the website, membership portal, membership platform or provided to you by us through any Interaction with us via any means or media, whether or not you have gained access to the resource through use of the website and or members area whether or not you have accessed the resource intentionally or not, legitimately or not, as part of your membership or otherwise or for any other reason Including if you have been provided the resource by any means other than via the Company, the website and or membership portal.
- 20.20 “Services” are the things that we may agree to provide to you as part of a separate contract or separate Terms of Reference and do not form part of your membership benefits.
- 20.21 “Subscription fee” see membership subscription.
- 20.22 “Supplementary Resource” means any singular and or all collective resource, product, material, information, content, software, tool, item, image, training course, programme and or artefact that we may have intellectual property rights over, copyright or any other rights whatsoever that is not a member benefit and is only provided to you on receipt of a specified fee which is distinct and separate from the subscription fee. The supplementary resource may be hosted on the website, membership portal, or provided to you by us through any Interaction with us via any means or media.
- 20.23 “Sustainable Wedding Alliance” is the limited Company providing the platform and member benefits.
- 20.24 “You” and “Your” refers to you, the individual accessing the platform and accepting the Company’s terms and conditions.
- 20.25 “Website” means the domain of “www.SustainableWeddingAlliance.com”.
- 20.26 “Writing” includes emails. When we use the words “writing”, “written”, or “write” in these terms and conditions this includes email correspondence.
Updated 12 September 2022