Terms Of Sale For Making Design Circular Membership
What these terms cover. These are the terms and conditions on which we supply our Making Design Circular Membership (Membership) to you (Members) via our website or through any other platform or software which we may utilise.
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in these terms and on the sales page on our website for the Membership you are purchasing. The key information we give you by law forms part of this contract as though it is set out in full here.
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
Why you should read them. Please read these terms carefully before you complete your purchase. These terms tell you who we are, how we will provide the Membership to you, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with:
- our Values and Ground Rules, which contain the values which guide our community and the rules by which all Members of our community agree to be bound. Copies of our Values and Ground Rules are available within the Membership, or by request;
All of the above documents form part of this contract as though set out in full here.
Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer.
You are a business customer if:
- You are buying the Membership as a sole trader, as the director of a limited company or as part of your role in any other commercial entity.
- You are buying the Membership from us wholly or mainly for your professional use (meaning you intend to use it in connection with your trade, business, craft or profession).
You are a consumer if:
- You are an individual.
- You are buying the Membership from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
If you are a business customer this is our entire agreement with you. If you are a business customer these terms, and the documents referred to in these terms, constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you will have no claim for innocent or negligent misrepresentation based on any statement in these terms.
Membership content may only be consumed in the country advised to us at the time of joining. In order to comply with legal and tax regulations regarding the provision of digital services and content, you are only permitted to consume our Membership content in the country of residence you provided to us at the time of joining the Membership. If you wish to consume the Membership content in a different country to the one advised to us, you must let us know prior to doing so.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Studio Treggiden Limited. We are registered in England and Wales under company number 09507860 and have our registered office at The Warehouse, Anchor Quay, Penryn, Cornwall, TR10 8GZ, United Kingdom. Our VAT registration number is GB 349 1025 12.
How to contact us. To contact us, please email us at email@example.com
OUR CONTRACT WITH YOU
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Membership, or we will immediately refund you if your payment has been processed. This might be because:
- of unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Membership;
- we are unable to meet a delivery deadline we have specified; or
- for any other reason and at our absolute discretion.
PRICE AND PAYMENT
Where to find the price for the Membership. The price of the Membership will be the price indicated on the order pages when you placed your order on our website or on any other website or platform which we may utilise to take and process orders. We use our best efforts to ensure that the price of the Membership advised to you is correct. However please see below for what happens if we discover an error in the price of the Membership you order.
If you are required to pay VAT, we will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Membership, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership in full before the change in the rate of VAT takes effect. Please note that you may not be required to pay VAT on your purchase of the Membership. You will be liable to pay VAT if you use a UK address in your purchase of the Membership and the Membership will be supplied to you in the UK. If you are unsure as to whether you are required to pay VAT on your purchase of the Membership, please contact us prior to making your purchase.
What happens if we got the price wrong. It is always possible that, despite our best efforts, the Membership may be incorrectly priced on relevant order pages. We will normally check prices before making the Membership available for purchase. If, however, we discover that the Membership was incorrectly priced after accepting your order:
- where the correct price at your order date is less than our stated price at your order date, we will refund you the additional amount paid;
- if the correct price at your order date is higher than the price stated to you, we will contact you for your instructions as to whether to proceed with your order at the increased price and provide the Membership (which may involve us refunding the lower price you have paid, and you then re-purchasing the Membership for the correct price), or whether to cancel your order and issue a refund.
When you must pay and how you must pay. We accept payment with debit and credit cards. When purchasing the Membership, you must pay on the monthly billing date as advised to you in the email acceptance of your order. By purchasing the Membership, you acknowledge and agree to being charged an ongoing recurring monthly fee, which will be automatically deducted from your chosen credit card, debit card or bank account. This ongoing monthly fee will continue to be deducted, without further consent from you or notice from us, until such time as you or we cancel the contract between us.
OUR RIGHTS IN RELATION TO THE MEMBERSHIP
Minor changes to the Membership. We may change the Membership:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat;
- to add additional content, or remove content that is no longer relevant to the Membership;
- to update digital content, provided that the digital content will always match the description of it that we provided to you before you bought it.
Our intellectual property rights in relation to the content of the Membership. We are the owners or licensees of all intellectual property rights in the website, and the Membership you purchase, including any databases that hold relevant information about the website or the Membership. These rights are protected by copyright or trade mark registration and you may only use the Membership, or any part of it, in accordance with these terms.
What you can do with our Membership content. Upon payment of the price for the Membership we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Membership content for your own personal, non-commercial use.
What you cannot do with our Membership content. You must not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Membership content, or part of the Membership content, unless agreed with us in writing. To do so would be breaching our intellectual property rights, and we reserve our rights to take legal action if this occurs.
Our rights in relation to your contributions in the Membership. In the course of your interaction with the Membership, we may record or retain your contributions during the delivery of the content. You agree to our use of your image, voice and written contributions as we see fit and in accordance with these terms. You will not be entitled to any claim for payment, nor any imposition of conditions or restrictions for use, and we will not require any further consent from you to use such contributions.
PROVIDING THE MEMBERSHIP
Supply of the Membership. We will supply the Membership to you until either the Membership is complete or the subscription expires (if applicable) or you end the contract as described below or we end the contract by written notice to you as also described below.
Periods of rest throughout the Membership. During the course of the Membership, we may take periods of rest in order to support and align with our values of sustainability. Rest periods will be advised to Members in advance. During these periods, the content of the Membership will be fully available for use and consumption and there will be no interruption to Membership access, though we invite Members to rest with us during these periods. As the cost of the Membership has been pro-rated over the year to incorporate rest periods, payments will continue to be taken as normal during rest periods.
We are not responsible for delays outside our control. If our supply of the Membership is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any time in the Membership you have paid for but not received.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Membership to you. If so, this will have been stated in the description of the Membership on our website. 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 end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Membership late or not supplying any part of it if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of the Membership to you. We may have to suspend the supply of the Membership to:
- deal with technical problems or make minor technical changes;
- update the Membership to reflect changes in relevant laws and regulatory requirements;
- for any other reason and at our absolute discretion.
Your rights if we suspend the supply of the Membership. We will contact you in advance to tell you we will be suspending supply of the Membership, unless the problem is urgent or an emergency. If we have to suspend the Membership, we will adjust the price so that you do not pay for the Membership while it is suspended. You may contact us to end the contract for the Membership if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the Membership in respect of the period after you end the contract.
We may also suspend supply of the Membership if you do not pay. If you do not pay us for the Membership when you are supposed to and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Membership until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Membership. We will not charge you for the Membership during the period for which it is suspended.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any elements of the Membership which have not been provided. The reasons are:
- we have told you about an upcoming change to the Membership or these terms which you do not agree to;
- we have told you about an error in the price or description of the Membership and you do not wish to proceed;
- there is a risk that supply of the Membership may be significantly delayed because of events outside of our control;
- we have suspended supply of the Membership for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
Cancellation of your contract for the Membership for any other reason will not entitle you to a refund, neither in full nor in part.
Ending your contract. Where you have agreed to pay a monthly fee for ongoing for the Membership, you can cancel your contract at any time using the methods set out below in “How to end your contract with us”. You must let us know of your intention to cancel the contract at least three (3) days before the next billing date for which you are scheduled to pay the monthly fee for the Membership. If you do not provide us with at least three (3) days’ notice of your intention to cancel your contract, you will be charged the next scheduled monthly fee in accordance with these terms.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most digital products or services bought online 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 these terms.
How long do consumers have to change their minds? You have 14 days after the day we email you to confirm we accept your order, or until you start downloading or streaming the Membership content.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at firstname.lastname@example.org
You may use the model cancellation form below, but you are not required to:
To Katie Treggiden
Studio Treggiden Limited
Cornwall TR10 8GZ
I hereby give notice that I cancel my contract of sale for the purchase of the Making Design Circular Membership, ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Membership by the method you used for payment. However, we may make deductions from the price, as described below.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Membership for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for the Membership at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Membership;
- we, in our absolute discretion, have reason to believe that you have breached our Values or Ground Rules;
- we, in our absolute discretion, have reason to believe that you have breached these terms.
You must compensate us if you break the contract. If we end the contract in the situations set out above we will refund any money you have paid in advance for the Membership, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Membership. We may write to you to let you know that we are going to stop providing the Membership. We will let you know at least one (1) month in advance of our stopping the supply of the Membership and will refund any sums you have paid in advance for the Membership.
IF THERE IS A PROBLEM WITH THE MEMBERSHIP
How to tell us about problems. If you have any questions or complaints about the Membership, please contact us via email at email@example.com
YOUR RIGHTS IN RESPECT OF DEFECTIVE CONTENT IF YOU ARE A CONSUMER
If you are a consumer we are under a legal duty to supply digital products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Membership. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or https://www.cas.org.uk/
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
YOUR RESPONSIBILITIES IN RELATION TO THE MEMBERSHIP
You have certain responsibilities in relation to the Membership. You agree that:
- you are purchasing the Membership for your private, non-commercial use only;
- you will not redistribute, transmit, assign, sell, rent, exchange, commercially exploit, broadcast, modify, adapt, copy, edit, sub-licence, share, lend, or transfer any Membership content, or part of the Membership content, unless agreed with us in writing;
- you are responsible for ensuring that you do not lose, destroy, or damage any Membership content, or part of the Membership content, you purchase through this website or from us;
- you are responsible for ensuring that any hardware you use to download and/or access the Membership function correctly with this website or any alternative platform on which we make the Membership available. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost.
Limits on sharing your Membership. You acknowledge and agree that your purchase of the Membership is:
- for you only, and for your sole use, if you are purchasing the Membership as a consumer;
- for you and your business employees only, and for the sole use of you and your employees, if you are purchasing the Membership as a business customer.
Where you share the content of the Membership, or allow others to access the content of the Membership using your login details, you acknowledge and agree that we may, at our absolute discretion, end your contract for the Membership and remove your access to any platforms on which the Membership content is provided. Cancellation of your contract for the Membership on these grounds will not entitle you to a refund, neither in full nor in part.
Confidentiality of information shared. You acknowledge and agree that other Members of the Membership may share personal and sensitive information, and you may have access to this personal and sensitive information during your time as a Member. Without reservation you agree to keep all matters shared in written, verbal, audio or visual format confidential and you agree to take all reasonable actions to ensure that the confidentiality of such information is protected and maintained.
You are responsible for any information you share. We strongly recommend you consider the security of any information you share in the Membership. We further recommend against sharing any personal information or any information which could be used to identify you or members of your family. You acknowledge and agree that any information you share in the Membership is done so entirely at your own risk. We take no responsibility or liability for the release of any information by any Members.
You must secure your login details. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We are not responsible for any recommendations made in the Membership. Throughout the provision of the Membership content and any associated resources, we and other Members may make mention or recommendations of product and service providers (Providers) who are aligned with our Membership Values. We take no responsibility for and provide no guarantee in relation to these Providers, their products or services, their suitability as an appropriate provider of products or services, or their alignment with Membership Values. You are responsible for ensuring Providers can meet your requirements, and any decision you make to engage or work with these Providers is done so entirely at your own risk.
Your responsibility for your engagement with the Membership. You acknowledge and agree that we are not licensed psychiatrists, psychologists, mental health professionals, medical professionals, paediatricians, business experts, finance experts or any other provider of professional services, and the Membership is not intended to replace the services of such professions. We do not guarantee any specific outcome from your use of or participation in the Membership. You understand and agree that we are not and will not be liable or responsible for any of your actions, inaction, direct or indirect results arising from or in connection with the Membership or the Membership content.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Membership.
We are not liable for business losses. If you are a consumer we only supply the Membership to you for domestic and private use. If you use the Membership for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms will limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the clauses above,
- we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total sums paid by you for the Membership under this contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
For the purposes of these terms, Data Protection Laws means any data protection legislation from time to time in force in the United Kingdom including the Data Protection Act 2018 or any successor legislation, the GDPR (General Data Protection Regulation (EU) 2016/679) and the GDPR as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (UK GDPR) and any other directly applicable regulation relating to privacy.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it 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 this contract, 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 the Membership, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Membership or these terms in the English courts.