Terms and conditions in Summary.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all notices or Agreements:
The term “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company‟s terms and conditions – ‘the user’ or ‘viewer’ of our website. “The Company”, “Ourselves”, “We”, “Us”, “Adventures in Homeschool”, “Homeschool Prestwich”, “Prestwich Home Education Group”, or “AIHS”, refers to our Company, the owner of the website whose registered office is 145-157 St John Street, London, EC1V 4PW or one of our associated companies “PD Clarke Creative Associates”, “UnlimitedEye”. Our company registration number is 08161339.
“Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
These terms and conditions, together with the terms and conditions that are specific to any Competition (the ‘Competition Terms’) are known as the ‘Rules’. Words used in the Competition Terms shall have the same meaning when used here. In the event of any conflict between the Competition Terms and the Standard Terms, the Competition Terms shall prevail.
These terms and any in this document are not case sensitive and may be presented at any point with or without spaces and with or without domain suffixes attached.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Any decisions taken by you prior to or after reading information on this website is solely your responsibility.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, graphics, photography, written content such as reviews and pages, articles, literature and includes amongst other things the diamond “fish” pattern and all of the graphics and logos on the site. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions and the express permission of both PD Clarke Creative Associates AND Adventures in Homeschool.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). To GOOGLE – sponsored posts will always contain no-follow links to the website of the sponsor.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and the United Kingdom.
Nothing on this website constitutes advice of any kind or in any way. Any decisions you take are solely your responsibility. This includes information received or discussions had in forums, emails or any other channel hosted or facilitated by this website or AIHS.
Terms and Conditions in detail
“Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company‟s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client‟s needs in respect of provision of the Company‟s stated services/products, in
accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Information concerning the Client and their respective Client Records will NOT be passed to third parties. Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients must retain copies of any literature issued in relation to the provision of our services. Where appropriate and at our discretion, we shall issue Client‟s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for nay purpose other than related to this site.
Disclaimer Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company‟s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Major Credit/Debit Cards, Paypal Transfer are acceptable methods of payment. Our Terms are payment in full within thirty days. All goods remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs. Returned cheques will incur a £25 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Minimum 72 hours notice of any cancellation required. Notification for instance, in person, via email will be accepted subject to confirmation in writing. We reserve the right to levy a £2-£100 charge to cover any subsequent administrative expenses to be determined at our discretion on a case-by-case basis.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Shopping & Delivery
All clothing products are hand crafted to order and are not stock items. They may therefore take between 3-5 working days for delivery although we will make our best efforts to deliver items to you as quickly as possible. Colours (colors) of items are subjective, the photography on this site is an approximation of the actual colour (color) of the item in question, it has been balanced to the item on our equipment but variations in computer equipment, computer monitors and screens, screen technologies, colour (color) profiles, viewing environments and variations in colour (color) perception from person to person mean that by the nature of the display process, colours (colors) ARE NOT exact. Returns based on dislike of a particular colour (color) or shade of colour (colour) upon receipt will be charged a restocking fee. The cost of return is the responsibility of the buyer, person making the return or their representative.
Return of Products
Products to be returned must be in a completely unused state (where clothing is concerned it must be unworn) and all packaging must be in it’s original condition with tags attached. A restocking fee of at least 25% of the RRP will be charged for condition assessment, repackaging and restocking. The acceptance of returned items is entirely at our discretion and will be refused if the returned item does not match the quality guideline we have described here. All return postage is the responsibility of the buyer, person making the return or their representative. We will waive at our discretion the restocking fee for returns of orders we consider to be genuine mistakes, such as ordering the wrong size for your child.
For all competitions and promotions on this website and their counterpart statements (tweets, facebook posts etc.) on any social media or third party sites and forums, these rules must be observed to be eligible for entry into the competitions or contests. Generally for entry into any competition we host, you must satisfy the criteria for entry on the appropriate channel. For example on Twitter to successfully enter a contest the potential entrant must ‘retweet’ and ‘favourite’ the competition tweet or tweets and then ‘follow’ the Adventures in Homeschool page. On Facebook the competition post must be ‘liked’ and ‘shared’ and the Adventures in Homeschool page must be ‘liked’. On Google+ the post must be shared to your circles, extended circles and publicly, then the Adventure in Homeschool Google+ profile liked/followed. Members of our website will automatically be entered into all of our competitions without the need for any further action as long as those members are residents of the UK mainland. Not all competitions are available on all mediums and the decision as to which channels we will support or consider is entirely at our discretion and may be changed during the course of a competition. No correspondence will be entered into and all decisions are final. Most competitions are open to the United Kingdom Mainland market only and where this is not the case it will be specified on the competition post, tweet or entry. If you wish to enter the competition from another country outside the UK you must first notify us via the contact form on our website before you enter and acknowledge you are responsible for the full cost of international shipping/postage to your location. If you are then selected as the winner we will notify you of the postage/shipping cost. Payment for postage/shipping must then be made within 3 working days of the competition close or the competition will be redrawn or given to the runner-up if one exists, you will then NOT receive a prize. All competition durations are a minimum of 7 days from the original post but may be longer or shorter completely at our discretion. The time/date at which we make the draw and the method by which we draw will vary depending on our workload but will always be fair and impartial. No one directly associated with Adventures in Homeschool may win any competition regardless of the prize offered. We reserve the right to disqualify any person that we know is, or have reasonable grounds to believe is, ineligible for the Competition as a result of this Rule.
Where a Competition is open to persons who are resident outside of the United Kingdom, no person may enter the Competition if the Competition breaches any law or regulation of the jurisdiction in which they are resident.
By entering any Competition, you hereby warrant that all information submitted by you in your Entry is true, accurate and complete in every respect. Adventures in Homeschool reserves the right to verify any information contained in your Entry and/or your eligibility to enter the Competition. If you do not provide us with your delivery address within 3 days of us notifying you of your win, the competition will be redrawn and you will NOT receive a prize. We may notify you of a win by any or multiple of the following means – email, telephone, facebook, twitter, on our website, reddit, imgur, google+ or by other social network means. We may announce your win and feature your name and/or website or blog in the winner announcement, if you do not wish to be announced in this way you are not eligible for entry into the competition.
Unless otherwise stated in the Competition Terms, the Competition is open to persons of 18 years and older. Adventures in Homeschool and we assume that by entering into the Competition, the entrant is aged 18 or over and consent to all rules outlined herein. Entrants may be required to provide proof of identity and age and should be able to demonstrate to our satisfaction that they are eligible. Our decision in this matter and all others is final.
We reserve the right and our absolute discretion to disqualify any entrant if we has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law (including copyright law) or has otherwise infringed the intellectual property of any other person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to us disqualifying that person, without us giving any reason for such disqualification or granting any opportunity for challenge.
In the event that a Prize-winner is disqualified from the Competition, we will, unless otherwise stated in the Competition Terms, select an alternative Prize-winner in the same manner as the original Prize-winner and such selection will be subject to the Rules.
Entries must be made by the Closing Date and in the manner set out in the Competition Terms. Failure to do so will result in disqualification. If no closing date has been specified it is 7 days from the original post regarding the competition regardless of on which medium that post is present.
There is no requirement to make any purchase in order to enter the Competition or access the website.
Unless otherwise stated in the Competition Terms, only one Entry per person is permitted. In the event that we discover or have reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified and, if such Entrant has already been selected as a Prize-winner, an alternative Prize-winner will be selected. On certain occasions we may allow multiple entries, such as by satisfying the entry rule on facebook, twitter and our own website, 3 entries may be allowed but if this is the case it will be specified and the enties must clearly be by the same person. Creating multiple accounts however is not permitted on any of these or any other mediums or channels or on our own website. We can determine breaches of this rule by IP address and members found breaching these rules will be disqualified from this and future competitions and may have their account and IP address suspended or banned. To have IP addresses unbanned you must then notify us via our contact form and state your reason for the unban request. We accept no liability for ISPs (Internet Service Providers) rotation of IP addresses and subsequent banned IP’s being assigned to new customers of that ISP, we have no knowledge of how these changes are applied and cannot predict them. You must contact your ISP to resolve this situation should it arise. If you wish us to unblock a particular ISP you must establish to our satisfaction that you are not the person in breach of these terms and that the ISP has been transferred to you from the banned owner. We reserve the right to contact your ISP to establish this and if you wish the IP address unbanned you agree to provide us with all relevant information needed to contact said ISP. If these conditions are not me we do not guarantee to unban or allow the IP address or any previously banned IP address or restore them to an accessible state.
We accept no returns of any competition prizes and accept no responsibility for any shipping costs of any kind associated with any competitions.
Prize-winners will be selected and notified in the manner set out in the Competition Terms. No prize will be awarded where any entrant has committed any form of misconduct (as determined by us at our sole discretion).
Where Entries are judged on artistic or other subjective criteria, we reserve the right to set and/or amend the criteria used to judge Entries.
Prizes are non-transferable and there is no cash alternative. In the event of a prize being unavailable for any reason we reserve the right to substitute prizes of any value at any time.
Prizes must be accepted. In the event that any prize notification is returned as undeliverable or any prize-winner fails to validly reply to a prize notification within 3 days with relevant delivery information, we reserve the right to disqualify the prize-winner and select an alternative prize-winner.
We accept no responsibility for any damage, loss, injury (other than our liability for personal injury or death as a result of our negligence) or disappointment of any kind suffered by any entrant in entering the Competition, including as a result of any entrant winning or not winning any prize.
We accept no responsibility for entries or prizes lost, damaged or delayed in the post, or due to computer error in transit. Entries made online using methods generated by a script, macro or the use of automated devices will be void.
You agree that we (and any third party authorised by us) may use your Entry (whether or not it wins the Competition) for any promotional purpose (for example, placing it on the a website or on a poster, leaflet or other advertising media). You confirm that your Entry is original that you own and have the right to license to us the copyright and other intellectual property rights in the Entry for the purposes referred to in these Rules. You will retain ownership of copyright in your Entry but you give us (and any third party authorised by us) your irrevocable permission to use, reproduce, publish, display, transmit, copy, amend, store, sell and sub-licence your Entry worldwide for such promotional purposes and for the purposes of the Competition.
We will use any personal information that you provide with your Entry for the purposes of the Competition and, where you have given your consent, for marketing purposes including the distribution of regular email updates or newsletters. Any personal information relating to entrants will be used solely by us in accordance with applicable data protection legislation.
All Prize-winners unconditionally agree (as a condition of accepting any prize) to: (a) the use of their name, one or more photographs of themselves and disclosure of their county of residence (if such Prize-winner is resident within the UK) or country of residence (if such Prize-winner is resident outside the UK); and (b) co-operate with or participate in any other reasonable post-Competition publicity.
The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the Competition), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
The Courts of England shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).
Downloads, Resources and Worksheets: Copyright Notice and Liability
All materials, resources, instructions, worksheets and other educational materials provided by us are for reference only, your use of them to conduct any learning or physical experiments is your responsibility entirely. We make no warranty of any kind, implied or otherwise as to the effectiveness or suitability for purpose of these materials and the judgement to apply, print or use them must be made by you entirely. All reasonable safety precautions must be carried out by you as our materials may not fully specify what specific safety precautions must be taken. In this case it is your responsibility to carry out additional research independently and ensure all reasonable safety precautions are taken. In the event of any accident, loss or injury of any kind we DO NOT ACCEPT LIABILITY. You may not transmit these materials electronically or otherwise to other poeple or organisations, you may not reproduce them in whole or in part without the express permission of PD Clarke Creative Associates Ltd., but you may print them for your own or group use. All materials on this website including educational materials are the intellectual property of PD Clarke Creative Associates Ltd. and violation of these rues will be prosecuted to the fullest possible extent under the law. By agreeing to these terms and conditions or downloading any materials from our site you agree to be bound by these copyright notices. Recipients of our materials from sources other than this website should report it to us immediately to avoid prosecution, otherwise they will be treated as complicit in the breach of copyright.
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track user‟s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party‟s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company‟s services and the full content of this website. This Company‟s logo is a trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marks.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us section on our website or via Company literature. This company is registered in England and Wales, Number 08161339, registered office 145-157 St John Street, London, EC1V 4PW
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement or the purchase of a product indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© AdventuresinHomeschool.com 2014 All Rights Reserved.