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Terms and conditions Introduction These terms and conditions ("Terms") constitute an agreement between Green Welly Monster Ltd (Company Number 06707100), hereafter referred to as "GWM", "Us" or "We", whose registered office is at 21 The Old Yarn Mills, Westbury, Sherborne, Dorset, DT9 3RQ, who are the owner(s) of the website ("Website"), with the URL http://www.greenwellymonster.com and you ("You). We can be contacted by filling in the form under Get in touch. In the event of any dispute regarding these Terms, the decision of GWM shall be final and no correspondence or discussion shall be entered into. Shares All payments for shares ("Shares") are made and held with GWM on behalf of the Community Land Trust until such time as the Community Land Trust has been registered as an Industrial and Provident Society, at which time all share monies paid to GWM will be transferred to the Community Land Trust. The Community Land Trust will be governed by it's own set of society rules once established. In the mean time, by using this Website and paying to become a Community Land Trust shareholder ("Shareholder"), You agree to be bound by these Terms. Membership All payments for membership ("Membership") are made with GWM. By using this Website and paying to become a Green Welly Monster member ("Member"), You agree to be bound by these Terms. Acceptance of an application for Membership is at the sole discretion of GWM. You may not cancel your Membership once You have joined and Membership fees are non-refundable should You choose not to take part or visit the eco-village. The duration of Membership and entitlement of Membership privileges commences on the day the GWM eco-village in the UK opens however, access to the community forum Monster talk commences immediately. GWM reserves the right to increase the Membership fee at anytime, without your prior consent. GWM Membership cannot be sold or passed on to another party by any means. GWM reserves the right to change the options included in your Membership from time to time as necessary and without your prior consent. GWM reserves the right to revoke your Membership, if it has reasonable grounds to believe that You have breached any of these Terms or any of the promises made thereunder. With regard to any complaint or claim, it is your responsibility to contact GWM, in writing either by post or by email at the earliest possible opportunity, who will use their reasonable endeavours to rectify any problems. In the unlikely event that the GWM eco-village project does not go ahead for whatever reason, You will be granted a full refund of your Membership fees. Use of Land Use of Land is granted to You for the duration of your Membership only. Upon expiration of your Membership, use of this Land by You is revoked and returns to the landowner. Shareholders will have full use of any Land owned by the Community Land Trust. Eco-village A suitable site for the eco-village is currently being sought and until the site has been obained, We cannot guarantee that the accomodation will be as specified on the Website. GWM reserves the right to ask any Member or visitor to the eco-village to leave if it is deemed that You are causing an unnecessary disturbance to the peace or being harmful to the environment. Children visiting the eco-village will be required to be under parental supervision at all time. Whilst every care will be taken to protect Members and visitors to the eco-village from injury, GWM will not be held responsible for accidents that occur whilst You are partaking in any activities at the eco-village. Intellectual Property Unless otherwise explicitly stated, all proprietary and other Intellectual Property rights (including any Copyright, Trademark, Design right and Database right) in this Website, belong to Us. You may not reproduce, copy, adapt, distribute, store, redistribute, resell or make any attempt whatsoever to reverse compile, re-engineer, hack or crack any part of this Website. You shall utilise the Website in a manner which is strictly in accordance with accepted internet usage standards and protocols. Third Party Links This Website may contain links to third party websites. Such links are provided for reference purposes only. We do not control or operate these websites, and shall not be responsible for their content, whatever that might be and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them. Data Protection GWM will comply with and process your Personal Data in accordance with the Data Protection Act 1998. The Personal Data collected by Us from You, may be utilised by Us to:
We respect your privacy and unless We are obliged or permitted by law to do so, We will not disclose your Personal Data to any third parties or organisations. We may allow other people and organisations to use information We hold about You for the purpose of providing services You have asked for, or as part of the process of selling one or more of our businesses. We warrant that We have in place the appropriate technical and operational security measures to safeguard against the unauthorised and unlawful use of your Personal Data which We hold. You have the right to request details of your Personal Data held or processed by Us and may ask Us to update or change your Personal Data at any time to ensure it is accurate and kept up to date. Please get in touch if You wish to do this. Indemnity You hereby agree to indemnify and keep GWM indemnified against all costs, damages, claims, losses and expenses (including direct, indirect and consequential losses) howsoever arising, from any claim brought against GWM by any third party relating to: (a) the use of this Website by You; or (b) any breach by You of these Terms or any of the promises made thereunder. Availability of Website The Website is provided "AS IS" and on an "AS AVAILABLE" basis without any representations of any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. Liability In no event shall GWM be liable (whether in contract or tort (including negligence or breach of statutory duty) or otherwise) for any losses or damage sustained and arising out of or in connection with the use of the Website or your Membership including, without limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, consequential or special loss, costs, charges or expenses, foreseeable or otherwise. GWM's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with your Membership, shall be limited to the amount of your Membership fee. GWM shall not be liable for any failure to comply with obligations to You caused by weather conditions, fire, flood, strike, hurricane, industrial dispute, war, terrorist activity, hostilities, political unrest, riots, civil commotion or any other circumstances beyond the control of GWM. Nothing in these Terms excludes or restricts the liability of GWM for death or personal injury resulting from any negligence or fraud on the part of GWM. Amendment of Terms GWM reserves the right to amend and edit the Website, its Content and these Terms from time to time, and without your prior consent. It is your responsibility to revisit this page from time to time to re-read this notice. Any revised Terms shall take effect as at the date of their posting. Jurisdiction These Terms shall be governed by the laws of England and You shall submit to the exclusive jurisdiction of the English Courts. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that Term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Last updated: 11 July 2009 |
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