This agreement (together with all updates, additional terms, and all of Big Green Heart’s rules and policies) collectively constitute the “agreement” between you and Big Green Heart.
By using our online Shop and website you agree to all of the Terms of Service set out below. If you do not agree to these terms, do not use the shop and do not use the service.
You must accept and abide by these terms as presented to you: changes, additions, or deletions are not acceptable.
Big Green Heart may refuse access to the biggreenheart.org for non-compliance with any part of this agreement or may take other enforcement actions as set out in the terms below.
Definitions
In this agreement:
“Website” means any website of ours, and includes all web pages controlled by us.
“Service” refers to the online shop found at www.biggreenheart.org.
“Products” refers to the products or goods we offer for sale via our website,
or, if the context requires, the products we sell to you directly.
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Interpretation
In this agreement unless the context otherwise requires:
- A reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
- These terms and conditions apply to all products supplied by us to any customer. They prevail over any terms proposed by you.
- The headings to the paragraphs and schedules to this agreement do not affect the interpretation.
- These terms and conditions apply to you as a buyer or prospective buyer of our products and so far as the context allows, to you as a visitor to our Website.
- This agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
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Website
- Big Green Heart is the provider of the biggreenheart.org website and shop (the “Service”) that permits you to purchase resources (such as training and resource materials, manuals and videos) under certain terms and conditions as set forth in this Agreement.
- Access to www.biggreenheart.org (the ‘Website”) is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service without notice.
- We will not be liable if for any reason the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
- This Website may contain links to other websites (the “Linked Sites”), which are not operated by us. Big Green Heart has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
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Privacy Policy
- Our privacy policy, which sets out how we will use your information, can be found at www.biggreenheart.org.uk.
- By using the Service, you consent to the processing of your data described therein and warrant that all data provided by you is accurate.
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Prohibitions
You must not misuse this Service.
- You will not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Service or Website;
- corrupt data;
- infringe upon the rights of any other person’s proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”;
- or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
- Breaching this provision would constitute a criminal offence and Big Green Heart will report any such breach to the relevant law enforcement authorities and will disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
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Our contract with you
- This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
- If you use the Big Green Heart Website to make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
- If you buy Products from us under any arrangement which does not involve payment via the Big Green Heart Website; these terms still apply so far as they can be applied.
- We do not sell the Products in all countries. We may refuse to deliver the Products if you live in a country we do not serve.
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Terms of Sale
By placing an order you are offering to purchase a product and therefore you are subject to the following terms and conditions.
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- You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules (see clause 9), and that any other use of the Products may constitute a copyright infringement.
- All orders are subject to availability and confirmation of the order price.
- Because we rely on our suppliers, we do not guarantee that Products advertised on Our Website are available.
- At any time before the Products are dispatched, we may decline to supply the Products to you. Where possible we will endeavour to give a reason for doing so.
- Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
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Price and Availability
- The price payable for the products that you order is clearly set out on our Website.
- Prices and availability of any Products are subject to change at any time.
- It is possible that the price may have increased from that posted on the Big Green Heart Website. If that happens, we will not dispatch the products until you have confirmed that you wish to buy at the new price. If, by mistake, we have under-priced the products, we will not be liable to supply those products to you at the stated price, provided that we notify you before we dispatch it to you.
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Payment for Products.
- You agree to pay for all Products you purchase through the Service, and that Big Green Heart may charge you for any Products purchased, and for any additional amounts (including any taxes and postage, as applicable) as may be accrued by or in connection with your visit to our website.
- You are responsible for the timely payment of all fees and for providing Big Green Heart with a valid credit or debit card account details for payment of all fees.
- All fees will be billed to the credit or debit card account you designate during the checkout process.
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Electronic Signatures and Contracts.
- Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically.
- You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including notices of cancellation, policies, contracts, and applications.
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Use of Products.
- You acknowledge that use of Products (e.g. manuals and videos) may require the use of other hardware and software products and that such hardware and software is your responsibility.
- Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and Big Green Heart shall be without liability to you in the event of any loss, destruction, or damage.
- You understand that the purchase of our products limits your usage to certain usage rules established by Big Green Heart and its licensors (“Usage Rules”). See clause 9 for a list of these rules. You agree to comply with such Usage Rules, as further outlined in clause 9, and you agree not to violate or attempt to violate any security components.
- You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
- Usage Rules may be controlled and monitored by Big Green Heart for compliance purposes, and Big Green Heart reserves the right to enforce the Usage Rules with or without notice to you.
- You will not access the Service by any means other than through systems that are provided by Big Green Heart for accessing the Service.
- You shall not access or attempt to access an Account that you are not authorised to access. Violations of system or network security may result in civil or criminal liability.
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Usage Rules
The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Big Green Heart reserves the right to modify the Usage Rules at any time.
- Your use of the Products is conditional upon your prior acceptance of the terms of this Agreement.
- You shall be authorised to use the Products only for personal and non-commercial use.
- You shall be entitled to export, burn (if applicable) or copy CD or DVD Products solely for personal, non-commercial use. Limited to 10 copies.
- Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
- The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
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Other entities.
- Parties other than Big Green Heart and its subsidiaries may operate stores, provide services, or sell product lines on this site.
- In addition, we provide links to the sites of certain other ministries.
- We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites.
- Big Green Heart does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
- You should carefully review their privacy statements and other conditions of use.
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Intellectual Property
- We will defend the intellectual property rights in connection with our products and our Website, including copyright of the content we produce whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, videos, digital downloads, data, and software).
- Except as set out in the terms above, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of our content, in whole or in part.
- You may not use our name, logos or any other content of ours on any website of yours without prior permission from us. Permission must be given in writing.
- Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store any significant portion of any of our content without prior permission.
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Termination
- If you fail, or Big Green Heart suspects that you have failed, to comply with any of the provisions of this Agreement, Big Green Heart, at its sole discretion, without notice to you may:
- terminate this Agreement with you, and you will remain liable for all amounts due under your name up to and including the date of termination; and/or
- terminate the licence to the software; and/or
- preclude access to the Service (or any part thereof).
- Big Green Heart reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Big Green Heart will not be liable to you or to any third party should it exercise such rights.
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Enforcement
- Big Green Heart reserves the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
- You agree that Big Green Heart has the right, without liability to you, to disclose any data or information to law enforcement authorities, government officials, and/or a third party, as Big Green Heart believes is reasonably necessary or appropriate to enforce compliance with any part of this Agreement. This includes, but is not limited to Big Green Heart’s right to cooperate with any legal process relating to your use of the Service and/or Products and includes any third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
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Changes
- Big Green Heart reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service.
- Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement.
- Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
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Governing Law
- The Service is controlled and operated by Big Green Heart from its office in the United Kingdom. You agree to comply with all local and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
- The laws of the United Kingdom, excluding its conflicts of law rules, govern these Terms and your use of the Service.
- Your use of the Service may also be subject to other local, national, or international laws.
- You expressly agree that exclusive jurisdiction for any claim or dispute with Big Green Heart or relating in any way to your use of the Service resides in the courts of the United Kingdom.
- If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
- You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
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Miscellaneous.
- When we communicate with you we do so by email or post. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
- The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
- This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
- If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- Big Green Heart’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect.
- Big Green Heart will not be responsible for failures to fulfil any obligations due to causes beyond its control.
Updated May 2023