Terms Of Sale
For Purchases Of The Doing It For The Kids Membership as a Gift
What these terms cover.
What these terms cover. These are the terms and conditions on which we you may purchase our Doing It For The Kids membership (Membership) as a gift for another person.
Why you should read them.
Please read these terms carefully before you complete your purchase. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information. These terms should be read in conjunction with:
Are you a business customer or a consumer?
In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying the Membership as a gift in your personal capacity (i.e. not as a gift in connection with your trade, business, craft or profession).
Our membership has been designed for residents of the United Kingdom.
Please do get in touch via email at email@example.com if any of the following apply:
- you live outside of the United Kingdom and you are interested in purchasing our Membership as a gift for someone who lives outside of the United Kingdom; or
- you live outside of the United Kingdom and you are interested in purchasing our Membership as a gift for someone who lives within the United Kingdom; or
- you live within the United Kingdom and you are interested in purchasing our Membership as a gift for someone who lives outside of the United Kingdom.
In order to comply with legal and tax regulations regarding the provision of digital services and content, we may ask for more details from you about your business and your location. It is your responsibility to supply accurate and up-to-date information to us for this purpose and specifically in relation to your business and your location. We will not be liable or responsible for any legal or tax implications that may arise if you do not advise us of any changes to this information.
If you are a business customer this is our entire agreement with you.
If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are.
We are Doing It For The Kids Limited, incorporated and registered in England and Wales with company number 11867934 whose registered office is at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FA, United Kingdom.
How to contact us.
You can contact us by writing to us at firstname.lastname@example.org
OUR CONTRACT WITH YOU
The Membership can be gifted to new or existing members.
The gifted Membership can be purchased for individuals who are not current members of the Membership, or it can be purchased to extend the current membership of existing paid members. If you choose to purchase the gifted Membership for an existing paid member, the gifted period will be added on to extend their current membership period.
How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Membership, or we will immediately refund you if your payment has been processed. This might be because:
- of unexpected limits on our resources which we could not reasonably plan for;
- we have identified an error in the price or description of the Membership or the gifting of the Membership;
- we are unable to meet a delivery deadline we have specified; or
- for any other reason and at our absolute discretion.
Information you must provide at the time of your order.
We will require certain information from you in order to process the gift Membership order, and we will advise you of this information at the time of your purchase. Please note that you must provide us with the correct gift recipient information at the time of your order. The gift recipient who is named in your order is the only person who will be entitled to activate and use the gifted Membership, and the gift Membership is non-transferrable to any other person not named in the original gift Membership order.
PRICE AND PAYMENT
Where to find the price for the Membership.
The price of the Membership (which includes VAT) will be the price indicated on the order pages when you placed your order on our website or on any other website or platform which we may utilise to take and process orders. We use our best efforts to ensure that the price of the Membership advised to you is correct. However please see below for what happens if we discover an error in the price of the Membership you order.
We may offer Memberships at a reduced cost to people who fulfill particular criteria from time to time (reduced-cost Memberships). We are not obliged or obligated to offer reduced-cost Memberships to any particular Member or for any particular period of time, and we may discontinue the availability of reduced-cost Memberships at any time and at our absolute discretion. A reduced-cost Membership is only available to the Member who it has been offered to, and it is non-transferrable.
We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the Membership, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong.
It is always possible that, despite our best efforts, the Membership may be incorrectly priced on relevant order pages. We will normally check prices before making the Membership available for purchase. If, however, we discover that the Membership was incorrectly priced after accepting your order:
- where the correct price at your order date is less than our stated price at your order date, we will refund you the additional amount paid;
- if the correct price at your order date is higher than the price stated to you, we will contact you for your instructions as to whether to proceed with your order at the increased price and provide the Membership (which may involve us refunding the lower price you have paid, and you then re-purchasing the Membership for the correct price), or whether to cancel your order and issue a refund.
When you must pay and how you must pay.
We accept payment with debit and credit cards, and via Stripe. When purchasing the Membership as a gift, you must pay at the time of ordering.
Payment for the Membership at the end of the gifted period.
At the expiry of the gifted period, the gift recipient will not be required to join and will not be automatically added to the paid Membership. Prior to the expiry of the gifted period, the gift recipient will be advised that their gifted period is coming to an end, and they will be given the option to continue in the Membership as a paid member. If the gift recipient does not wish to continue in the Membership as a paid member, they will be removed from the Membership at the expiry of the gifted period and will have no further obligations.
Expiry of the gifted Membership.
At the time of ordering the gifted Membership, you will be asked to specify a delivery date for when details of the gifted Membership will be provided to the gift recipient via email. The gift recipient will then have 12 months from the delivery date to activate their gifted Membership. If the gift recipient is not able to activate the gifted Membership within this 12-month period, please email us at email@example.com to discuss further. Please note that neither you nor the gift recipient will be entitled to a full or partial refund of the value of the gifted Membership on the grounds of it not being activated within the 12-month period.
OUR RIGHTS IN RELATION TO THE PRODUCTS
Minor changes to the products.
We may change the Membership:
- to reflect changes in relevant laws and regulatory requirements;
- to implement minor technical adjustments and improvements, for example to address a security threat;
- to add additional content, or remove content that is no longer relevant to the Membership.
YOUR RIGHTS TO END THE CONTRACT
You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer.
Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any part of the Membership which has not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the Membership or these terms which you do not agree to;
- we have told you about an error in the price or description of the Membership and you do not wish to proceed;
- there is a risk that supply of the Membership may be significantly delayed because of events outside of our control;
- we have suspended supply of the Membership for technical reasons, or notify you we are going to suspend it for technical reasons, in each case for a period of more than 14 days; or
- you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013).
If you are a consumer then for most digital products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
How long do consumers have to change their minds?
You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming the Membership content.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO HAS CHANGED THEIR MIND)
Tell us you want to end the contract.
To end the contract with us, the best way to do so is for you to please email us at firstname.lastname@example.org and we will assist.
You may use the model cancellation form below, but you are not required to:
I hereby give notice that I cancel my contract of sale for the purchase of the Doing It For The Kids Membership as a gift, ordered on [customer to insert purchase date].
Name of customer: [customer to insert name]
Address of customer: [customer to insert address]
Date: [customer to insert date]
How we will refund you.
If you are entitled to a refund under these terms we will refund you the price you paid for the Membership by the method you used for payment. However, we may make deductions from the price, as described below. Any refund you may be entitled to is only available to you as the purchaser of the gifted Membership. The gift recipient is not entitled to a refund of the gifted Membership, nor is the gift recipient entitled to cancel the gifted Membership and receive a full or partial refund of the value of the gifted Membership.
When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the Membership for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
When your refund will be made.
We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within 14 days of your telling us you have changed your mind.
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it.
We may end the contract for the Membership at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Membership.
You must compensate us if you break the contract.
If we end the contract in the situations set out above we will refund any money you have paid in advance for the Membership, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
We may withdraw the Membership.
We may write to you to let you know that we are going to stop providing the Membership. We will let you know at least one (1) month in advance of our stopping the supply of the Membership and will refund any sums you have paid in advance for the Membership.
IF THERE IS A PROBLEM WITH THE MEMBERSHIP
How to tell us about problems.
If you have any questions or complaints about the Membership, please contact us via email at email@example.com
YOUR RIGHTS IN RESPECT OF DEFECTIVE CONTENT IF YOU ARE A CONSUMER
If you are a consumer we are under a legal duty to supply digital products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Membership. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your product is services, the Consumer Rights Act 2015 says:
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the products.
We are not liable for business losses.
If you are a consumer we only supply the Membership to you for domestic and private use. If you use the Membership for any commercial, business or re-sale purpose our liability to you will be limited as set out below.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Subject to the clauses above
- we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total sums paid by you for the Membership under this contract.
HOW WE MAY USE YOUR PERSONAL INFORMATION
For the purposes of these terms, Data Protection Laws means any data protection legislation from time to time in force in the United Kingdom including the Data Protection Act 2018 or any successor legislation, the GDPR (General Data Protection Regulation (EU) 2016/679) and the GDPR as it forms part of domestic law in the United Kingdom by virtue of section 3 of the European Union (Withdrawal) Act 2018 (UK GDPR) and any other directly applicable regulation relating to privacy.
How we will use your personal information.
If you have any queries about how your personal information is dealt with, or you would like to exercise any of your rights in relation to personal information that we hold about you, or that Circle holds about you in relation to your Membership, please contact us via email at firstname.lastname@example.org and we will assist.
OTHER IMPORTANT TERMS
We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You need our consent to transfer your rights to someone else.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Membership, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the Membership or these terms in the English courts.
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