These Terms and Conditions and the documents referred to within set out the terms and conditions on which you make use of the web site www.ashtag.org (the "AshTag Site") and on which any of the products listed on the AshTag Site (the "Products") are supplied to you.
Please read these Terms and Conditions carefully before using any Products from the AshTag Site.
By using any of the Products, you agree to be bound by these Terms and Conditions.
You should print a copy of these Terms and Conditions for future reference.
These Terms and Conditions, and any Contract between us, are only in the English Language.
1 Information about AshTag.
www.ashtag.org is a web site owned and operated by the Sylva Foundation (a charity registered in England and Wales 1128516 and in Scotland SC041892 ). The Registered address of the Sylva Foundation is Manor House, Little Wittenham, Oxfordshire OX14 4RA.
2 Accessing the AshTag Site.
Access to the AshTag Site is permitted on a temporary basis, and the Sylva Foundation reserves the right to withdraw or amend the Products described on the AshTag Site without notice. Sylva Foundation will not be liable if for any reason the AshTag Site is unavailable at any time or for any period. From time to time, Sylva Foundation may restrict access to some parts or to the entirety of the AshTag Site.
3 Acceptable Use of the AshTag Site.
3.1 Please note that we only provide the AshTag Site for domestic and private use. You agree not to use the AshTag Site or any of the Products for any commercial, re-sale or business purposes.
3.2 You may only use the AshTag Site for lawful purposes. You must not attempt to gain unauthorised access to the Ashtag Site, the server on which the AshTag Site is stored or any server, computer, or database connected to the AshTag Site and you may not use the AshTag Site:
(a) in any way that breaches any applicable local, national, or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to send, knowingly receive, upload, download, use or reuse any material which does not comply with all relevant provisions of these Terms and Conditions;
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data; send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other malicious or harmful programs or similar computer code designed to attack the AshTag Site (via a denial-of-service attack or a distributed denial-of service attack); or otherwise adversely affect the operation of any computer software or hardware.
3.3 If you chose, or you are provided with, a user identification code, password or any other piece of information as part of our security features, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us at firstname.lastname@example.org.
3.4 By breaching the Acceptable Use, you may be committing a criminal offence under the Computer Misuse Act 1990. AshTag will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the AshTag Site will cease immediately.
4 Privacy and the collection of information.
4.1 Subject to clause 4.5 Sylva Foundation will never rent or sell any information you submit to us to any other person or company.
4.2 AshTag is committed to ensuring the protection and safety of any and all information you enter on the AshTag Site. During your visit to the AshTag Site, Sylva Foundation may collect, record, and process information obtained from the following sources: information you provide by filling in forms (including order forms) on the AshTag Site; correspondence that you send to Sylva Foundation; details on the transaction and fulfilment of your orders with Sylva Foundation; and details of your visits to the AshTag Site.
4.3 By ordering, you agree to the transfer, storing, or processing of your personal data, including outside the European Economic Area (E.E.A.), by us and/or one of our agents engaged in the fulfilment of your order, the processing of your payment detail, and the provision of support services. Any and all personal/billing information we collect from you will be processed in accordance with both this clause 4 and the Data Protection Act 1998.
4.4 Any personal data provided to, or collected by AshTag Sylva Foundation will be controlled by AshTag Sylva Foundation who will be the data controller for the purposes of the Data Protection Act 1998. Under the Data Protection Act 1998, you have the right to access the personal/billing information AshTag Sylva Foundation has collected from you. Any request for access may be subject to a fee of £10 (to meet AshTag’s Sylva Foundation’s costs in providing you with details of about your personal/billing information).
4.5 In the event that AshTag Sylva Foundation sells or transfers any part of the AshTag business, we may disclose your personal information (your name, your address, your email address, or your purchase history) to the buyer and related third parties, and any personal information AshTag Sylva Foundation may have to disclose or share in order to comply with a legal obligation.
4.6 All of the information we collect, record, and process is done to facilitate your interaction with the AshTag Site.
6 Linking to and Links From the AshTag Site.
6.1 You may not link to the AshTag Site without obtaining our prior written consent nor may you frame the AshTag Site on any other web site. Sylva Foundation reserves the right to withdraw linking permission without notice.
6.2 Where the AshTag Site contains links to other web sites and resources provided by third parties, these links are provided for your information only. Sylva Foundation has no control over the contents of those web sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. We cannot give any undertaking that products you purchase from companies to whose web site we have provided a link on the AshTag Site will be of satisfactory quality, and any such warranties are disclaimed by Sylva Foundation absolutely.
7 Customer Services.
Please address any questions or complaints to: Sylva Foundation, Manor House, Little Wittenham, Oxfordshire OX14 4RA.
Phone: 01865 408018
Office hours: 09:00 to 17:00, Monday through Friday. After hours, an automated voice mail system is available.
8 Intellectual Property.
8.1 Sylva Foundation is the owner or the licensee of all intellectual property rights in the AshTag Site, in the material published on it and in the Products available through the AshTag Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2 You must not modify the paper or digital copies of any materials and intellectual property contained in or published on the AshTag Site, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.3 Our status (and that of any identified contributors) as the authors of material on the AshTag Site must always be acknowledged.
9 Our Liability.
9.1 We warrant to you that any Product purchased from us through the AshTag Site is of satisfactory quality and reasonably fit for the purposes described on the AshTag Site.
9.2 We therefore disclaim liability and responsibility arising from any reliance placed on commentary, testimonials, reviews, and other materials posted on the AshTag Site as they are not intended to amount to advice on which reliance should be placed. Any of such material on the AshTag Site may be out of date at any given time, and we are under no obligation to update such material.
9.3 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time the Contract was formed.
9.4 We only supply the Products for domestic and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.5 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10 Written Communications.
Applicable laws require that some of the information or communications we send to you should be in a durable format. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to: Sylva Foundation, Manor House, Little Wittenham, Oxfordshire OX14 4RA. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or by posting notice on the AshTag Site.
12 Transfer of Rights and Obligations.
The Contract between you and Sylva Foundation is binding on you and AshTag and on our respective successors and assigns. You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. We will notify you in writing or by posting on the AshTag Site if this happens.
13 Rights of Third Parties.
The Contract is between you and Sylva Foundation. No other person shall have rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.2 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
16 Entire Agreement.
16.1 These Terms and Conditions and any document(s) expressly referred to in them represent the entire agreement between you and Sylva Foundation in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing, concerning the supply or use of the Products.
16.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions.
16.3 Each of us agrees that the only rights and remedies available to us arising out of or in conjunction with any representation, undertaking or promise shall be for breach of contract as provided in these Terms and Conditions.
17 Our Right to Vary these Terms and Conditions.
17.1 We have the right to revise and amend these Terms and Conditions from time to time for any reason.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18 Force Majeure.
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by any event outside our reasonable control (a “Force Majeure Event”).
18.2 If a Force Majeure Event takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our performance of our obligations under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
19 Law and Jurisdiction.
19.1 Contracts for the purchase of Products through the AshTag Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
19.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the jurisdiction of the courts of England and Wales. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.