Terms and Conditions

www.heartofenglandforest.com is an online charitable, awareness, fundraising, information, and education Website operated and owned by The Heart of England Forest (“The Heart of England Forest”)

The Heart of England Forest is a charity registered by the Charity Commission for England and Wales (no. 1097110) and a company limited by guarantee registered in England (no. 04309564) whose registered office is at 9-11 Kingly Street, London W1B 5PN.

These terms and conditions (“Terms”) apply to all and any use of the Website available at www.heartofenglandforest.com and its Content (“the Website”) and all Intellectual Property Rights therein.

The Website and references to the Website includes each part of it and the Content, which is made up of and includes:

  • any and all articles, images, text, videos and other content and materials produced by or for The Heart of England Forest and made available for download from the Website (“Produced Content”)
  • any and all articles, images, text, videos and other content and materials uploaded, submitted, transmitted, posted or otherwise placed on the Website by its users (“User Content”);
  • any comments, postings, emails, messages and other communications made to or using it or any message board or similar services run or made available on or through it (“Communications”).

By “Intellectual Property Rights” what we mean is all ownership rights and interests in copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other like rights.

By using the Website you represent and confirm that you understand, accept and are able to understand and accept these Terms and agree to be bound by them.

If you do not accept or understand these Terms you should not use the Website. That includes by using, posting or accessing the Content or Communications.

If you are under the age of 13 and don’t understand these Terms or their meaning, please ask a parent or guardian to explain them and their meaning to you.

The Heart of England Forest may make alterations to these Terms from time to time and these variations shall become effective immediately upon being accessible from www.heartofenglandforest.com/terms.

Use of the Website

  • The Heart of England Forest grants you a non-exclusive, limited licence to download and use the Website and the Content via the Internet solely for your private, non-commercial, personal use and related charitable purposes.
  • These Terms and the rights granted by them do not give you any rights of ownership in the Website and should not be construed as a sale or transfer of any copyright or other right.
  • You may not transfer, sub-license or deal in this right without The Heart of England Forest’s prior written agreement.

You agree not to:

  • use the Website or any Content for any commercial or business purpose (this does not include charitable purposes);
  • include contact details intended to facilitate communication of any sort (email address, postal address, phone number, web address etc.) in any Communication or User Content;
  • use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email or any spam;
  • process or otherwise use the information contained on or within use the Website or any Content for any illegal or immoral purpose or use or process the same unfairly.

Content and Intellectual Property Rights

You will be responsible for any Content that you upload, submit, transmit, post or otherwise place on or through the Website and you accept full responsibility and liability for that Content. The Heart of England Forest shall have no liability in relation thereto.

By uploading, submitting, transmitting, posting or otherwise placing any Content on or through the Website you expressly agree and confirm that:

  • you are not a minor or else have your parent’s or guardian’s permission to do so on these Terms;
  • your Content may be used on and in connection with the Website and for other activities undertaken by The Heart of England Forest;
  • your name may be advertised and used in connection with your Content;
  • you grant to The Heart of England Forest the non-exclusive, irrevocable, worldwide, perpetual, royalty free right and licence to use such Content on and / or in connection with the Heart of England Forest’s charitable activities and to give all consents (if any) which The Heart of England Forest requires including under copyright and other intellectual property, data protection and privacy laws worldwide , for that use only;
    • you own or have proper licences, permissions and other consents in place in respect of all features and resources used in the Content;
    • any Content you submit and the use of it as envisaged by these Terms does not and will not infringe any third party Intellectual Property Rights or other rights;
    • you are entitled to grant the rights granted and you are not under any contractual or other obligations preventing you from doing so;
    • you have received all necessary permissions and consent required for the use of any Content by The Heart of England Forest, as described in these terms and conditions;
    • that you have not granted any other person any rights that are inconsistent with the licence granted above.

 

Copyright, Trade Marks and other Intellectual Property Rights

All Intellectual Property Rights in the Website design and software and all Produced Content belong to and vest in The Heart of England Forest, or are licensed to The Heart of England Forest unless otherwise specified. All such rights of The Heart of England Forest are hereby asserted and reserved.

In respect of the Website (including the Content) you shall not:

  • make any commercial use without The Heart of England Forest’s prior written consent (this does not include use for reasonable charitable purposes);
  • provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to them without The Heart of England Forest’s prior written permission other than for reasonable charitable purposes;
  • display, publish, copy, print, post or otherwise use them and the information contained therein for the benefit of any third party or Website without The Heart of England Forest’s prior written consent, except for reasonable charitable purposes;
  • hack, attempt to hack, modify, adapt, merge, translate, distribute, transmit, use, re-use, re-post, disassemble, decompile or reverse engineer or create derivative works out of the Website or any Content or information contained in it, for any purpose other than as expressly permitted above unless expressly permitted by applicable law;
  • remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends;
  • create software which mimics data or functionality in the Website;
  • use or deal in the Website except as permitted by these Terms.
  • You agree to comply with all other applicable rules available on the Website.
  • You must retain all copyright notices and other proprietary notices contained on the Website and the Content.
  • All third party Intellectual Property Rights are the property of their respective owners and The Heart of England Forest makes no warranty or representation in relation thereto.

Liability

  • The Heart of England Forest provides and maintains the Website for personal information, education and entertainment, on an “as is” basis
  • The Heart of England Forest shall be liable only to provide its services with reasonable skill and care and gives no other warranty in connection with the Website.
  • Third party Websites and online services to which the Website links (“External Sites”) have not been verified or reviewed by The Heart of England Forest.
  • All use and access of External Sites is made at your own risk.
  • The Heart of England Forest gives no warranty in connection with the Website other than as expressly stated and to the maximum extent permitted by law, The Heart of England Forest excludes liability for:
  • any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not such arises out of any problem which The Heart of England Forest has been made aware of;
  • the accuracy, currency or validity of the information and material contained within any User Content or Communications or the Website;
  • any interruptions to or delays in updating the Website;
  • any incorrect or inaccurate information on the Website;
  • the infringement by any person of any copyright or other Intellectual Property Rights of any third party through any User Content or Communication or use of the Website;
  • the availability, quality, content or nature of External Sites;
  • any transaction involving External Sites;
  • any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing, using or downloading the Website, or any User Content or Communication;
  • all representations, warranties, conditions and other terms which but for this notice would have effect.
  • The Heart of England Forest does not warrant that the operation of the Website will be uninterrupted or error free.
  • The Heart of England Forest will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond its the reasonable control including Internet outages, communications outages, fire, flood, war or act of God.
  • Except as provided above there are no other warranties, conditions or other Terms, express or implied, statutory or otherwise, and all such Terms are hereby excluded to the maximum extent permitted by law.
  • These Terms above are subject to your statutory and common law consumer rights and shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall it exclude or limit The Heart of England Forest’s liability for death or personal injury resulting from its negligence nor any fraudulent representation.
  • You agree that in relation to your use of the Website you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Website.
  • You hereby indemnify, defend and hold The Heart of England Forest and The Heart of England Forest’s affiliates and The Heart of England Forest’s officers, directors, owners, agents, information providers, affiliates, licensers and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorney’s fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website any Communications and any use of your membership account. You shall use your best efforts to cooperate with The Heart of England Forest in the defence of any claim. The Heart of England Forest reserves the right, at The Heart of England Forest’s own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

 

Donations and Product Purchases

You can make donations to The Heart of England Forest or purchase products advertised in the following ways:

by telephoning 0844 633 0017;

via the Website service;

When you place an order for Products in any of the ways described above (your “Order”) this will be deemed an offer to buy the Products for the price stated, subject to these Terms.

Orders

Once an order by email is accepted a contract will be formed between you, the buyer and The Heart of England Forest Limited on behalf of The Heart of England Forest. All orders for goods shall be deemed to be an offer by you, the buyer, to purchase pursuant to these terms and conditions. No order submitted by you, the buyer, shall be deemed to be accepted by us unless and until Secure Trading have confirmed acceptance of the order by email whether or not you receive that email. You, the buyer, shall be responsible for ensuring the accuracy of the details provided on the order form. We may contact you to provide further information to enable your order to be evaluated or processed. We are entitled to refuse any order, or any part of an order placed.

Friendship & Tree Dedication

The goods may differ slightly from the images shown. In the unlikely event that we are not able to ship the items requested, or we decide on reasonable grounds not to do so we will offer a refund or credit your credit or debit card.

Goods available on give.heartofenglandforest.com are available to individuals only. For company specific goods please email Karen.woodgate@hoef.org.uk

Price

The price of the goods will be the price quoted on the website at the date the order is received and will include VAT. Price and availability information is subject to change without notice. By Dedicating a Tree you are making a donation to The Heart of England Forest which is not subject to VAT. Once the transaction is complete regrettably it cannot be refunded.

Payment

When you, the buyer, place an order under these terms and conditions payment will be charged to the debit card or credit card account provided by you on the website order form. By placing an order, you, the buyer, consent to payment being charged to your debit card or credit card account as provided on the order form. On receipt of your order we will use Secure Trading to validate your payment.

Delivery

Friendship

Friendship Welcome packs will be sent by 2nd class post using royal Mail normally within 10 working days, but please allow up to 21 days in case we are exceptionally busy. There are no delivery charges for membership.

Dedicate a Tree

Dedicate a Tree packs are sent by 2nd class post using Royal Mail. There are no delivery charges for dedicating a tree. We aim to despatch Dedicate a Tree packs within 5 working days of receipt of donation. If your dedication is time-sensitive, you may want to check the despatch date with our customer service team at the time of making your donation.

Price and Payment

  • Prices are quoted in UK pounds – outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate.
  • Payment may be required before the Product is provided and if not, payment is due from the moment the Order is accepted.
  • Payment may be made by credit card, debit card, cheque or postal order. Outside the UK all payments must be by credit or debit card.
  • Orders and Donations may be processed online, or over the phone, using a credit or debit card. We aim to debit money from your account within 7 days of receiving your Order.
  • You will not be charged for any Orders that cannot be fulfilled and where appropriate The Heart of England Forest will re-credit to your account any sum debited by The Heart of England Forest.
  • The Heart of England Forest cannot guarantee that a particular Product will always be available.
  • Credit/debit card details will be encrypted to minimise the possibility of someone being able to read them as they are sent over the Internet. Please refer to our privacy policy regarding use of your data including credit card data. Your credit card company may also do security checks to confirm it is you making the Order.
  • All Order details and invoices will be sent to the credit card billing address and not the delivery address where they differ.
  • In the UK, you may pay by cheque or postal order if you wish.
  • Please make cheques payable to The Heart of England Forest. Please also send us a covering letter detailing your Order, cheque guarantee card number, guaranteed amount, expiry date, contact details and delivery address.
  • Your statutory rights are unaffected by these Terms.

Dedicate a Tree – Terms and Conditions

Applications

Any online application form submitted by you shall only be deemed to be accepted by The Heart of England Forest once your donation has been processed by Secure Trading, or a correctly completed cheque or postal order has been received for applications by post. You, the donor, shall be responsible for ensuring the accuracy of the details provided on the order form. We may contact you to request further information to enable your order to be evaluated or processed.

Dedication packs

The contents of the packs may differ slightly from the images shown.

Tree information

The Heart of England Forest is unable to allocate a particular species for a specific dedication. Our woods contain a wide variety of native broadleaf trees. You will receive the location of your tagged tree with your dedication pack, this information is accurate to within 20m2 of your tree’s location.

Tree tagging

The Heart of England Forest will endeavour to tag your tree within 10 working days of receiving your purchase. At busy times this may take up to 21 working days.

Donations by credit or debit card

When you dedicate a Tree, your donation will be charged to the debit card or credit card account provided by you on the application form, online or in one of our leaflets.  By placing an application, you, the donor, consent to your donation being charged to your debit card or credit card account as provided on the order form.

Refunds

By Dedicating a Tree you are making a donation to The Heart of England Forest which is not subject to VAT. Once the transaction is complete, regrettably it cannot be refunded.

Disclaimers

The Heart of England Forest reserves the right to tag a tree in a region of the forest of our choosing.

Please be aware that over time, our Objectives and site plans may be updated, reviewed or varied and areas previously unmanaged by way of thinning and coppicing, may come into prescriptive work again.  Whilst The Heart of England Forest will use its best endeavours to maintain and protect our woods at all times, we are not obligated to maintain or replace any specifically dedicated trees, tags or dedicated areas.

If your tree dies we reserve the right to move your dedication tag to a different tree.

The Heart of England Forest may cease implementing the Dedicate a Tree scheme at any time within its discretion, or from time to time vary, adapt, add or delete all or any part of these Terms and Conditions.  Notification of any such amendments shall be noted on the website.

One-off Text Donations – Terms and Conditions

Text costs £3 plus network charge. The Heart of England Forest receives 100% of your donation. Obtain bill payer’s permission. Customer care 0844 633 0017. Charity No 1097110. Reply with NOCALLS to opt out of future calls.

Free Prize Draw Terms and Conditions

  • Entries into the Prize Draw valid until 27th July 2015.
  • No purchase is necessary.
  • Entry to the Free Prize Draw is open to UK residents over 18 years only.
  • Participants must have a full postal address to participate.
  • Entries not submitted in accordance with the rules, illegible, incomplete or altered will be disqualified.
  • Proof of posting or detail submission will not be accepted as proof of delivery.
  • The entry instructions form part of these rules.
  • It is a condition of entry that the winner’s name will be used for promotional purposes. This will only be in summary e.g. Mrs Smith from Surrey.
  • Only one entry per person.
  • Employees or family members of employees of The Heart of England Forest or any person directly or indirectly involved in the organisation or running of the prize draw or their direct family members are not eligible for entry into the competition.
  • One winner will win a prize of a champagne Picnic for two in the Heart of England Forest and reimbursed travel expenses to and from the forest of up to £50. There is no alternative prize and no interest is payable.
  • The prize is not transferable.
  • The draw will take place on 3rd August 2015. The winner will be chosen at random from all proper entries received by the closing date by an independent adjudicator whose decision shall be final.
  • Notification of winning: The winner will be notified by 15th August 2015.
  • The prize must be used within 12 months of the winner being notified.
  • The name and county of the winner will be available by sending a stamped addressed envelope to The Heart of England Forest, Woods Group, Bumpers Way, Chippenham, Wiltshire. SN14 6NG
  • If a prize is unclaimed after reasonable efforts have been made by the charity to contact the winner then another winner will be chosen at random. The charity will hold no liability to the winner for having done so. A period of one month will be allowed after notification to the supplied contact details for the winner to claim the prize.

Termination

Without limit to any other rights it may have The Heart of England Forest may remove, restrict, cancel or suspend access to and use of the Website and Content or other considers (in its sole discretion) that you have breached of any of these Terms. Termination shall be without prejudice to the accrued rights of The Heart of England Forest.

The Website is intended for and directed at the UK and no representation or warranty is made as to whether the Website complies with the regulatory regime and local laws of any other countries.

By using the Website you undertake that you have the necessary hardware, software and capability required for its use including in relation to Content, Communications, email and web usage.

Further Information

All questions, comments or enquiries should be directed to The Heart of England Forest at hoef.support@woodsgroup.com, 0844 633 0017, via by writing to The Heart of England Forest, Woods Group, Bumpers Way, Chippenham, Wiltshire. SN14 6NG.

 

Our Fundraising Promise

We are members of the Fundraising Standards Board (FRSB) self-regulatory scheme. The FRSB works to ensure that organisations raising money for charity from the public do so honestly and properly. As members of the scheme, we follow the Institute of Fundraising’s Code of Fundraising Practice and comply with the key principles embodied in the Code and in this Promise.

We Are Committed to High Standards

  • We do all we can to ensure that fundraisers, volunteers and fundraising contractors working with us to raise funds comply with the Code and with this Promise
  • We comply with the law including those that apply to data protection, health and safety and the environment

We Are Honest and Open

  • We tell the truth and do not exaggerate
  • We do what we say we are going to do
  • We answer all reasonable questions about our fundraising activities and costs. Please contact us, visit our website or see our Annual Report if you require further details

 We Are Clear

  • We are clear about who we are, what we do and how your gift is used
  • Where we have a promotional agreement with a commercial company, we make clear how much of the purchase price we receive
  • We give a clear explanation of how you can make a gift and amend a regular commitment

We Are Respectful

  • We respect the rights, dignities and privacy of our supporters and beneficiaries
  • We will not put undue pressure on you to make a gift and if you do not want to give or wish to cease giving, we will respect your decision
  • If you tell us that you don’t want us to contact you in a particular way we will not do so

We Are Fair and Reasonable

  • We take care not to use any images or words that cause unjustifiable distress or offence
  • We take care not to cause unreasonable nuisance or disruption

We Are Accountable

  • If you are unhappy with anything we’ve done whilst fundraising, you can contact us to make a complaint
  • We have a complaints procedure, a copy of which is available on request. If we cannot resolve your complaint, we accept the authority of the FRSB to make a final adjudication