Terms & Conditions
Please read these terms and conditions (‘Terms’) carefully before using this or any of our other websites or placing an order with us. If you are under 18, please get a parent or guardian to read through these Terms and Conditions and to discuss them with you.
If you don’t accept these Terms (note in particular terms 9 and 10) please don’t use or order from our websites. If you visit or use any of our websites and/or place any orders with us you will be bound by these Terms, and they will form a contract between you and us.
These Terms apply to the entire contents of our websites and to any correspondence by email between us and you. Our Privacy and Cookie Policy doesn’t form part of these Terms but should be read also. Some parts of our websites may also contain additional provisions which apply in addition to these Terms.
General provisions
These apply when you visit or use one of our websites including when you order products, Donation Packs or Virtual Gifts from one of our websites.
1 Changes
We may change these Terms at any time, in which case the amended Terms will be posted on our websites and will apply from the date we post them, with the exception that any orders that we have already accepted from you before the new Terms are posted will continue to be subject to the Terms in force when your order was accepted. Please check these Terms on each occasion you use our websites. If you continue to use our sites you will be bound by the latest Terms.
2 Using our sites
You agree to only use our sites in a manner that complies with all applicable laws and regulations and is consistent with these Terms and does not infringe the rights of anyone else, nor restrict or inhibit their use and enjoyment of our sites (including, amongst other things, hacking). We reserve the right in our sole discretion to deny any user access to any of our websites without prior notice.
3 Registration
You may access and use most parts of our websites without registering your details with us. Before you can take part in our message boards/discussion forums, or otherwise post comments to our websites you will need to register with us. To purchase products/apply for Donation Packs from our websites, or to take part in certain other activities on our websites, you also have the option to register with us. If you choose to register with us, each registration must be for a single user only. Please ensure that the details you provide us with are correct and complete, and inform us immediately of any changes to the information that you provided when registering. You must make sure that you keep your password confidential. This means that you must not share your password or let anyone else access your account. Always ensure you log out of your account at the end of your session to avoid anyone else using it. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner. We may disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
4 Privacy and cookie statement
We use, store and process information about you in accordance with our Privacy and Cookie Policy. By using our websites, you consent to our use, storage and processing of your information in accordance with that statement.
5 Donations
We regret that donations cannot be refunded. Our Donation Packs and Virtual Gifts are all forms of donations. Please contact our Supporter Care Team on 08002884067 if you have a query about a donation you have made.
6 Website content including user-generated content
If you have a complaint about any content on (or sent via) any of our websites please notify us immediately by info@mytree.org.uk Please note that no action can be taken until we receive a fully completed Report content form.
6.1 You must not post or transmit to any of our websites any material:-
6.1.1 That is knowingly false or misleading, defamatory, illegal, abusive, vulgar, hateful, harassing, liable to incite racial hatred, blasphemous, discriminatory, pornographic, sexually oriented, threatening or invasive of a person’s privacy;
6.1.2 Which you do not own or for which you have not obtained all necessary licences and/or approvals;
6.1.3 Which is technically harmful (including, amongst other things, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.1.4 Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with anyone or any entity.
6.2 If you post or transmit to any of our websites any material of the type prohibited under term 6.1 above (or which otherwise results in a claim or action against us) and we incur any costs, expenses, liability or losses as a result, then you agree to indemnify us for all such costs, expenses, liability and losses.
6.3 If you post or transmit any material to any of our websites (‘contribution’):-
6.3.1 You grant us a non-exclusive, perpetual, royalty free, worldwide licence to use, highlight, comment, modify or reproduce your contributions in whole or part, in whatever form, on our websites, social media pages and other communications and publications;
6.3.2 By submitting a contribution you waive your moral rights including the right to be identified as the author of the content;
6.3.3 You grant us the right to use the name that you submit in connection with that material; and
6.3.4 We shall be entitled to reveal your identity (or any information which we have about you) to any third party who claims that any of that material violates any of their rights or to any government or regulatory authority that is entitled or requires us to do so.
6.4 We may remove or edit any material or posting you make on any of our websites at any time.
6.5 Party political or any other views and opinions expressed in user contributions to our websites do not represent the views or opinions of the Woodland Trust, which is a non-partisan conservation charity. We encourage open debate, however, comments or opinions expressed in contributions posted by our website users are attributable only to the individual contributors.
7 Intellectual property rights
7.1 You acknowledge that all copyright, trademarks and other intellectual property rights in our websites and all photographs, footage, designs, images, text, software, data and other material in our sites or generated by our sites are owned by us or our licensors. You are permitted to use the sites and this material only as expressly authorised by us.
7.2 You are permitted to print and download extracts from our websites for your personal non-commercial use and for private study, provided in each case that:-
7.2.1 Copyright and source indications are also printed and copied;
7.2.2 No modifications are made to the materials and they are not used as part of any other publication;
7.2.3 Any document is printed and copied entirely and is not used in a derogatory or misleading context; and
7.2.4 The material is not used in a manner which may damage our reputation or otherwise be harmful to us or impair our ability to achieve our charitable objects.
7.3 No other use of material on our websites may be made without first obtaining our written permission. In particular, you must not do the following unless you have first obtained our written permission:-
7.3.1 Incorporate any material from our sites in any other work or publication, whether in hard copy or electronic form; nor
7.3.2 Make any commercial use or publication of any material on our sites (other than as necessary for the purpose of viewing the sites in the course of business).
7.4 If you wish to use any material from any of our sites other than in accordance with term 7.2 above please email your request to info@mytree.org.uk with the subject line ‘Permissions request’.
7.5 The photographic, text and other graphic images within any products or publications supplied to you are copyright works and none of them may be copied, reproduced, licensed or otherwise exploited.
7.6 My Tree name and logo are trademarks of Memorial Forest ltd, trading as MyTree. Other logos and names used on our sites may also be the trademarks of My Tree or their respective owners. No permission is given by us in respect of the use of any such trademarks, names or logos and such use may constitute an infringement of the holder’s rights.
7.7 Whilst we encourage our supporters to campaign on the issues referred to on our websites, unless we have specifically authorised you in writing to do so please do not imply that you are taking action on behalf of the My Tree and in particular do not state that the My Tree is taking, or proposes or is considering taking, action against individuals or organisations, for example, a boycott of a company’s products.
7.8 Any rights not expressly granted in these Terms are reserved.
8 Advertisers and sponsors
We may from time to time allow companies to advertise goods and services on our sites. Whilst we will not knowingly run an advert that is untrue, or which relates to goods or services contrary to our objects, the appearance of an advert does not mean that we endorse the advertiser’s goods or services. With the exception of products sold on this website, we are not responsible for the accuracy of any advertising material or for any advertised product or service.
9 Disclaimers
9.1 The information provided in our websites is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Whilst we endeavour to ensure that the information on our websites is correct, we do not warrant the accuracy and completeness of that information and we will not be held liable for any errors or omissions. The material on our websites may be out of date, and we make no commitment to update such material.
9.2 The products which are supplied via our websites have been designed to comply with the statutory legal requirements and relevant safety standards of the United Kingdom. We can therefore make no representation or warranty that any product provided via or referred to in our sites is compliant with health, safety or other legal requirements which apply outside the United Kingdom or are otherwise suitable for use outside of the United Kingdom. You may not access our sites from countries where their contents are illegal or unlawful. If you do access our sites from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
9.3 We take every reasonable care to ensure that all orders, donations and subsequent transactions are conducted via a secure link. However, the security of information and payments transmitted via the internet cannot be guaranteed and as we are not responsible for the operation of the secure link we will not, unless we are negligent, be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide.
9.4 We do not warrant that the functions contained in our sites will be uninterrupted or error-free, that defects will be corrected, or that our sites or the servers that make them available are free of viruses or bugs or represent full functionality, accuracy or reliability of the materials. We will not be liable for any loss, disruption or damage to your data or your computer system or any other damages (including amongst other losses, loss of profit or loss of use) arising out of your use or delay or inability to use our sites, their content or any link to another website arising in contract, tort (including negligence) or otherwise except in the case of death or personal injury caused by our negligence.
10 Liability
10.1 We do not limit in any way our liability for fraud or death or personal injury caused by our negligence or breach of statutory duty or any other liability which cannot be excluded or limited under applicable law.
10.2 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:-
10.2.1 Loss or damage was not reasonably foreseeable to both you and us when you commenced using our site or when a contract for the supply of products by us to you was formed;
10.2.2 Loss or damage was not caused by any breach by us, our employees or agents; nor
10.2.3 Loss or damage relates to your business (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure).
11 Links
11.1 Our sites may contain hyperlinks to third party websites. Such links are provided for your convenience only. We do not control such websites and are not responsible for their contents. The mere inclusion of such links does not imply any endorsement of the material on those websites nor any association with their operators. If you decide to access any of the third party websites linked to or from our websites, you do so entirely at your own risk and we are not responsible for any damage, loss or offence caused or alleged to be caused by or in connection with the content, information, advertising, services or products available on third party websites. We cannot guarantee that these links will work all the time and we have no control over the availability of the linked pages. Please Contact Us if a link is not working.
11.2 Our websites may also contain functionality provided by third party services. In engaging with these third-party services, you are subject to their terms and conditions, and My Tree has no responsibility or liability in connection with those services or relationships.
11.3 Our websites may also contain functionality provided by third party services. In engaging with these third party services, you are subject to their terms and conditions, and My Tree has no responsibility or liability in connection with those services or relationship. If you wish to link from your website to any pages of our sites you may do so only on the basis that you link to, but do not replicate, the website page, and subject to the following conditions:-
11.3.1 The linking text must simply consist of the website address;
11.3.2 You do not remove, distort or otherwise alter the size or appearance of any logos on our sites;
11.3.3 You do not in any way imply that we are endorsing any products or services;
11.3.4 You do not misrepresent your relationship with us nor present any other false information about us;
11.3.5 You do not otherwise use any My Tree trademarks displayed on our sites without our express written permission;
11.3.6 You do not link from a website that is not owned by you; and
11.3.7 Your website does not contain content of the type referred to in term 6.1 or that does not comply with all applicable laws and regulations.
11.4 At any time and at our complete discretion we reserve the right to withdraw the permission to make website links to our sites
12 General
12.1 If any provisions of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country which apply to these Terms, then so far as these Terms apply within that country in which those provisions are illegal, invalid or unenforceable those provisions shall be severed and deleted from these Terms and the remaining provisions of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
12.2 If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
12.3 Events beyond our control – We will not be liable to you for any delay in delivering any services or order or for breach of our obligations if the delay or breach is due to acts of God, civil commotion, riots, malicious damage, floods, drought, fire, epidemic, legislation, failure of ISP or telecommunications provider or any other cause beyond our reasonable control. This does not affect your statutory rights.
13 Law, courts and language
13.1 These Terms, use of our sites and the supply of products and services by us are governed by and to be interpreted in accordance with English and Welsh law. In the event of any dispute arising in relation to these Terms, use of our sites or in relation to the supply of any products or services by us the appropriate UK courts will have jurisdiction over the dispute. These Terms and our websites are provided in the English language only.
14 Provisions which apply when you order products,
15
All orders for products are subject to availability and we reserve the right to refuse to supply to any individual or company.
16
Your submission of an order represents an offer to purchase the indicated by you and is not binding on us until we have accepted your order.
17
Shortly after we receive your order, we will acknowledge it by email, detailing the products you have you have applied for. This email is issued automatically and does not mean that your order is accepted.
18
We may contact you to obtain further information to enable your order to be evaluated or processed.
19
Acceptance of your order for a product/application for a Tree and completion of the contract between you and us will take place when you receive the Tree certificate. Any products on the same order which we have not dispatched to you do not form part of that contract.
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21 The price you pay is the price displayed on our site at the time we receive your order apart from where an error has occurred in displaying the price. While we try and ensure that all prices on our sites are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
22 Prices displayed include VAT where applicable. Price and availability information is subject to change without notice.
Products may differ slightly form the images shown. All sizes and dimensions of products as indicated on our sites are approximate but we make every effort to make sure they are as accurate as possible. We have made every effort to display as accurately as possible the colours of the images that appear on our sites. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
23
Products may differ slightly from the images shown. All sizes and dimensions of products as indicated on our sites are approximate but we make every effort to make sure that they are as accurate as possible. We have made every effort to display as accurately as possible the colours of the images that appear on our sites. However, as the actual colours you see will depend on your device, we cannot guarantee that display of any colour on your device will accurately reflect the colour of the product on delivery.
24
You are responsible for ensuring the accuracy of the details provided on the order form. Take particular care when entering information to be used in or on any products, gifts cards or certificates to be personalised to your requirements.
25
We do not file details of your order for you to subsequently access direct on our websites.
26 Payment
26.1 We accept Visa Credit, Visa Debit, Mastercard Credit, Mastercard Debit and Maestro. We cannot accept payment by cheque for orders made online. We also accept bitcoin.
26.2 Payment will be taken at the point of goods ordered. In case of query, please call 08002884067 (Monday to Friday, 8.30am to 5.00pm), quoting your order reference number.
26.3 By placing an order you consent to payment being charged to your debit or credit card as provided on the order form. We will use Secure Trading to validate your payment.
27 Delivery
All trees stay on our site.
28 Returns, if you change your mind
If you are not happy with your order please inform us and we will refund you. Refunds are only available for a 14 day period.
29 Refunds
If you are not happy with your order please inform us and we will refund you. Refunds are only available for a 14 day period
30 Trees
Please come and visit and check your tree in the park. Once you have purchased a Tree it belongs to you. The land the tree is planted on does not belong to the tree owner. Should for any reason the land your tree is planted change ownership or the lease stops you will be notified and can remove your tree. The tree will always belong to you once purchased.
31 Returns, faulty products
31.1 By law you are entitled to receive products which are as described, fit for purpose and of satisfactory quality and our aim is to make sure that you do.
32 Donations
Are made in line with our conduct set out in our charity doctrine of incorporation.
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35 Customer Service/complaints
35.1 We hope that you are happy with your products and the service you receive, but should you have any queries or problems please contact our Supporter Care Team by email at: info@mytree.org.uk or Monday to Friday between 8.30am and 5.00pm on 08002884067
35.2 We will try to resolve your complaint as quickly as possible but if we are unable to do so you may refer your complaint to an European Commission registered ADR (alternative dispute resolution) provider and we will cooperate with the ADR provider in trying to find a mutually acceptable resolution.
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These Terms do not affect your statutory rights as a consumer. For information about your statutory rights visit the Citizens Advice consumer service at http://www.adviceguide.org.uk/consumer
These Terms were last updated: june 2019
