2) Using the ThreeBy30 website
3) Supply and use of Services
4) Liability Terms
1.2. The Website is operated by Low Carbon Lifestyles (UK) Ltd, trading as ThreeBy30, The Workshop, Suite 5, Cherry Tree, Union Street, Sheffield, South Yorkshire S11 9EF (“we”, “us”, “our”).
1.3. “You”, “Your”, “User”, “Users”, “Member”, “Members” refers to you as a user of the Website or Services.
1.4. “Merchant” refers to any provider of goods or services to Users or Members that appears on the ThreeBy30 site, other than ThreeBy30 itself.
1.5. Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
- USING THE THREEBY30 WEBSITE
2.1. By using the Website you accept the Terms and agree to be bound by them. We may amend the Terms at any time by posting the amended Terms on the Website. All amendments will supersede the older version of the Terms and be effective immediately upon posting.
2.2. The Terms clarify our obligations to you and your obligations as our User and/or Member. By using our Website you agree to the following terms and conditions.
2.3. We do not sell any of the products or services that appear on our website ourselves. When you shop from a particular Merchant either online or in person, you pay them directly and they are responsible for the product/service you buy, after sales service, warranties etc.
2.4. We take a lot of care in choosing the Merchants that feature on the Website, but we will not be responsible for any difficulties you have with a Merchant, or a service or product bought from a Merchant. See Section 3.2 to 3.4 on Merchant responsibility and section 3.5 to 3.9 on the procedure for handling complaints and disputes for further details.
2.5. We may place advertisements in different locations on the Website and at different points during use of the Services. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
2.6. You are free to select or click on advertised goods and services or not as you see fit.
2.7. Any advertisements may be delivered on our behalf by a third party advertising company.
Affiliates and Use of Affiliate Cookies
2.8. Some of the links included on our site are affiliated links. These are links which take you directly or indirectly to a product or service provider and which may result in us receiving a fee or commission as a consequence of you clicking through to their site or purchasing a product from them. However, we only select affiliate partners that meet our ethical and social goals as set out in our Mission Statement.
Links to and from Other Sites
2.10. Where the Website contains links to third party sites and to resources provided by third parties (“Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept (nor do we assume) responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook and Twitter) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
2.11. When you use other websites, any personal information you give them will be dealt with in line with their privacy policies, not ours, so please read the privacy policies of each and every such website before using them.
Use of Our Content
2.12. The content on our site includes any information or other material found on the Website (www.ThreeBy30.org.uk), including forums, articles, databases, graphics, software and all other features of our site. You are allowed to use our content for personal, non-commercial use only. You may make one copy of extracts from this site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact. Apart from that, none of our content may be republished, posted, transmitted, stored, sold, distributed or modified without our prior written consent.
Linking to Us
2.13. You are welcome to link to our Website if you comply with the terms set out in this section and all applicable laws. Any site or service that links to our Website:
- can display a ThreeBy30 logo but mustn’t otherwise use any ThreeBy30 trademarks without our written consent;
- must not remove, distort or otherwise alter the size or appearance of our logo;
- must not in any way imply that we are endorsing it or its products or services
- must not misrepresent its relationship with us or present false information about us;
- must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;
- must not be a site or service that contains content that could be considered distasteful or offensive.
2.14. If you breach these terms, then we have the right to require that your link is removed and to take whatever other action we think appropriate.
2.15. We do not give any warranty that any of the Services or the Website is free from viruses or anything else which may have a harmful effect on any technology. It is your responsibility to ensure that you have adequate and up to date protection against computer viruses, Trojans, Worms, and any other type of malicious software.
2.16. Although we will try to allow uninterrupted access to the Services and the Website, access to the Services and the Website may be suspended, restricted or terminated at any time.
2.17. Your access to the Website and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can.
2.18. We also reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of the Terms or if we deem it breaches our code of ethics.
Our right to restrict your use of the website: Suspension and Termination
2.19. If you use (or anyone other than you, with your permission uses) the Website or Services or a ThreeBy30 Membership in contravention of these Terms, we may suspend your use of the Services and/or Website (in whole or in part) and/or a ThreeBy30 Membership due to your conduct or for any other lawful reason.
2.20. If we suspend the Services or Website or a ThreeBy30 Membership, we may refuse to restore the Services or Website or ThreeBy30 Membership until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms.
2.21. ThreeBy30 shall fully co-operate with any law enforcement authorities or court order requesting or directing ThreeBy30 to disclose the identity or locate anyone in breach of these Terms.
2.22. Without limitation to anything else in this clause, we shall be entitled immediately or at any time to: suspend the Services and/or Website; suspend your use of the Services and/or Website; suspend the use of the Services and/or Website for persons we believe to be connected (in whatever manner) to you; and/or terminate your access to the Services immediately if:
- you commit any breach of these Terms;
- we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms; or
- we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
2.23. Notwithstanding anything else in this paragraph, we may terminate your access to the Services at any time.
2.24. Our right to terminate your access to the Services shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
2.25. Without limitation, you undertake not to use or permit anyone else to use the Services or Website:
- to send or receive any material which is not civil or tasteful;
- to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
- to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
- to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
- to cause annoyance, inconvenience or needless anxiety;
- to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
- for a purpose other than which we have designed them or intended them to be used;
- for any fraudulent purpose;
- other than in conformance with accepted Internet practices and practices of any connected networks; or
- in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
2.26. The following uses of the Services (and Website) and ThreeBy30 Membership are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following
- resell the Services (or Website) or any ThreeBy30 Membership card;
- furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
- attempt to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
- access the Services (or Website) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
- execute any form of network monitoring which will intercept data not intended for you;
- send unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
- create or forward “chain letters” or other “pyramid schemes” of any type whether or not the recipient wishes to receive such mailings;
- send malicious email, including flooding a user or site with very large or numerous emails;
- enter into fraudulent interactions or transactions with us or a Merchant (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
- use the Services or Website (or any relevant functionality of either of them) in breach of these Terms;
- use in an unauthorised manner, or forge, mail header information;
- engage in any unlawful activity in connection with the use of the Website and/or the Services or any ThreeBy30 Membership card; or
- engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Services.
2.27. The Services and use of the Website or becoming a Member does not include the provision of a computer or other necessary equipment to access the Website or the Services or making of any purchase. To use the Website or Services or to make a purchase, you will require Internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur.
2.28. We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-UK user pretends to be a UK user, or disrupts the Website or the Services in any way.
2.29. If you use multiple logins you may have action taken against all of your accounts.
Limitations of Advice
2.30. With regards to products and Services, we do not make any recommendations on suitability of any product or service for your individual circumstances. We advertise the products based on the information provided by the Merchant and their websites, and independent assessments (such as Which? And Ethical Consumer reviews). We recommend that you do your own research and seek specialist advice if necessary before you decide to buy a product or service.
2.31. ThreeBy30 will not be liable for any indirect, incidental or consequential loss or damage of any kind arising out of use of our Website or Services.
2.32. Our failure to enforce any of these Terms and conditions will not waive our rights to enforce any of these Terms and conditions.
2.33. These Terms do not affect your statutory rights.
Indemnification of ThreeBy30
2.34. You shall indemnify us and hold us harmless on demand against each loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from:
- your use of the Services or Website;
- the use of ThreeBy30 Membership;
- the use of the Services or Website through your password; or
- any breach of these Terms by you.
- SUPPLY AND USE OF SERVICES
3.1. Our Website and Services are provided on “as is” and “as available” basis without any warranty of any kind on availability, functionality, fitness for a purpose, security or accuracy of information.
Responsibility for redeeming offers and discounts
3.2. We recommend that customers print out all details of the relevant offer or discount to show to the merchant if necessary, and for their records.
3.3. Please note that it is the Merchant, and not ThreeBy30, who is the seller of the goods and/or services. ThreeBy30 is not an agent, partner, or representative of any Merchant. The Merchant enters into a contract with you, and the Merchant is solely responsible for providing you with the products or service, and honouring any ThreeBy30 discount or offer as advertised on the Website or elsewhere. We provide no warranty, representation or guarantee that with regards to the purchases you make from a participating Merchant, nor the services you receive from them.
If a Merchant does not honour ThreeBy30 discounts or offers
3.5. The Merchant or business is solely responsible for honouring any ThreeBy30 Membership offer or discount. If you feel that a merchant has failed to honour an offer or discount you should initially try to resolve with the merchant. It may help to show the Merchant a print out of the published discount or offer when making a purchase.
3.6. If you are still unhappy, contact us. If we confirm to you that the description on the Website is correct and the Merchant is at fault, we will try and contact the Merchant to raise the issue directly with them.
3.7. If the Merchant still does not honour the ThreeBy30 Membership properly, legally you should obtain your own independent legal advice on taking action against the Merchant.
If goods or services bought are not what you wanted or are deficient
3.8. If you have a complaint about products or services you have purchased you must contact the merchant directly. The merchant, and NOT ThreeBy30, is responsible to provide satisfactory products/services to you.
3.9. Customers should satisfy themselves that the offers or discounts stated are indeed offered, and that they are suitable for their own particular requirements.
Reproduction, sale resale, or trade of ThreeBy30 membership card
3.10. Reproduction, sale, resale or trade of a ThreeBy30 membership card is prohibited. Any attempt to carry out any of these will potentially void the membership at our discretion.
Lost or stolen cards
3.11. Please take care of your membership details and/or membership card. Neither we nor the Merchant are responsible for lost or stolen membership details and/or cards.
Cancellation of Premium Membership
Right to cancel
3.12. Once we send you your ThreeBy30 Premium membership card, you may cancel the transaction at any time within 30 working days from the day after the day that Permium ThreeBy30 Membership commenced. If you do want to cancel, you must do so by sending us an email to tell us you are cancelling to: [email protected] and return the card by post as soon as possible to us. We reserve to right to refuse a refund if you have already made use of certain high value offers that exceed the value of membership (for example the offer on City Car Club membership).
Expiry of membership
3.13. Premium ThreeBy30 Membership is annual. The expiry date of membership is as shown on the membership card. We will remind you when membership is due to be renewed, and supply you with a new card upon receipt of payment.
Expiry of offers and discounts
3.14. Offers and discounts have an expiry period as stated on the site or are ongoing until further notice. Merchants are responsible for ensuring that offers and discounts are available and redeemed as specified. Responsibility for offering goods or services rests with the Merchant. ThreeBy30 Membership or the ThreeBy30 Membership card offers no guarantee that goods or services will be available.
3.15. You warrant that all information provided as part of your use of the ThreeBy30 Website and Services is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the details in your account.
- DISCLAIMERS AND LIMITATION OF LIABILITY
4.1. Nothing in these Terms shall exclude or limit our liability for any liability which cannot be excluded or limited by applicable law (such as fraud).
4.2. Whilst we make every effort to avoid errors, we are not liable for errors or omissions. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information, the Services, or part of the Services on the Website.
What we are never responsible for
4.3. We do not warrant and we exclude all liability in respect of Merchant products/services for which ThreeBy30 Members may receive offers or discounts and in respect of the quality, safety, usability or any other aspect of the products or services offered.
4.4. We shall have no liability for:
- loss of revenue;
- loss of actual or anticipated profits;
- loss of contracts;
- loss of the use of money;
- loss of anticipated savings;
- loss of business;
- loss of opportunity;
- loss of goodwill;
- loss of reputation;
- loss of, damage to or corruption of data; and
- indirect or consequential loss
- and for any dealings, transactions or arrangements between you and the Merchant and/or for any statements, costs or omissions for any Merchant.
Being bound by these Terms
5.1. Use of the Services and the Website and any purchase are each subject to the terms and conditions set out in these Terms. To be clear: if you use the Website or if you make any purchase you are legally bound by these Terms.
5.2. To use the Website and/or the Services (whether with or without registration) and/or to make any purchase, you must be 18 years of age or over.
Place of Use
5.3. The Website and the Services are directed solely at those who access the Website and/or make any purchase from the UK. We make no representation that the Services (or any products or services) are available or otherwise suitable for use outside of the UK. If you choose to access the Website (or use the Services or make a Purchase) from locations outside the UK, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
Scope of Use
5.4. The Website, Services and any purchase are for your non-commercial, personal use only. The Website, Services and any purchase must never be used for business purposes. For the avoidance of doubt, scraping of the Website (and hacking of the Website) is not allowed.
Prevention on use
5.5. We reserve the right to prevent you using the Website and the Services (or any part of them) and to prevent you from making any purchase.
Intellectual Property Rights
5.6. All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Services, information content on the Website or accessed as part of the Services, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
5.7. None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
5.8. All rights (including goodwill and, where relevant, trade marks) in the “ThreeBy30” names are owned by us. Other product and company names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
5.9. Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. These Terms give you no rights to such content.
5.10. The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
5.11. Any material you transmit or post or submit to the Website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation and subject to any details you provide relating to receiving money from you. If for some reason, any part of that statement is not valid as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
5.12. If any of these provisions is deemed invalid, void or unenforceable that provision will be deemed severable from the rest and will not affect the validity and enforceability of any remaining provisions.
5.13. Clause headings such as (“5. GENERAL” at the start of this Clause) and clause titles are purely for ease of reference and do not form part of or affect the interpretation of these Terms.
5.14. Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
No other terms
5.15. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law (to include, but not limited to, act of god, storms, floods, earthquakes or other natural disasters, war, riots, civil commotion, terrorism, strikes, defaults or failures by suppliers to ThreeBy30, unavailability of the Website due to necessary maintenance, third party malicious or illegal acts against the Website).
5.16. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
5.18.These Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with English law and both parties hereby submit to the exclusive jurisdiction of the courts of England.