These Terms of Service (“Terms”) set out the commitment we, ElderFlourish, are making to you, the “User”, and your rights and responsibilities when using our service. Please take the time to read the Terms in full. We have the right to update our Terms at any time, and it is the User’s responsibility to check for such updates; by continuing to use our service, you are agreeing to the updated Terms.
If you do not agree to our Terms, then please do not use our services.
- 1. Who We Are
1.1 ElderFlourish is the sole trader.
1.2. The term “ElderFlourish”, “We” and “Us”, shall mean ElderFlourish, the owner of this Website. The term “You”, “Yourself” and “Your” refers to the User of this Website.
1.3. ElderFlourish is the Data Controller within the definition of the General Data Protection Regulation (GDPR).
- 2. The Services
2.1 ElderFlourish is a provider of high quality, printable and digital activity materials, hereafter referred to as the ‘Service’. Our resources are primarily distributed via our online portal (the ElderFlourish Website) and email.
2.3 ElderFlourish provides two tiers of Membership Service, “Basic” and “Premium.” These Membership Services are conferred to the User upon registration (for “Two-Week Trial to our Premium Content Package”) or upon payment of a fee as specified on the Website or as per your ElderFlourish Membership Service Contract.
2.4 We reserve the right to change pricing and or availability in respect of any of the services in this clause for any reason and without notice.
2.5 ElderFlourish is not responsible for non-delivery or technical limitations of the User for any reason in respect of any of the services in this clause.
- 3. Member accounts
3.1 Certain aspects of the Services require You to register and provide information about Yourself. You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the relevant registration form contained on the Website (such information being the Registration Data) and (b) maintain and promptly update the Registration Data (by emailing Us) to keep it true, accurate, current and complete. We shall not be liable for any loss suffered by Your non-compliance with this provision.
3.3 Your User Account is strictly for use within the institution with which your login is affiliated, and you may not use your Account to download and print ElderFlourish materials for use outside of said institution.
3.4 Your Member account is subject to an Acceptable Use Policy, and User Accounts are monitored.
- 4. Indemnity
4.1 You agree to indemnify, defend and hold ElderFlourish harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by ElderFlourish.
- 5. Special Warning for International Use
5.1 The Website is designed to be compliant with the applicable laws and regulations that govern the UK. Due to the global nature of the Internet, Users from all over the world will have access to parts of the Website. If you are resident in a country outside of the United Kingdom, you use the Website at your own risk.
- 6. Content Issues
6.1 If you object to any of the content on the Website for any reason, please get in touch with firstname.lastname@example.org, setting out the nature of your objection, and we will take whatever action we deem appropriate.
6.2 ElderFlourish will always immediately correct content where mistakes are found, but we do not guarantee the accuracy of any content provided, and it is the User’s responsibility to verify and be satisfied with the materials we provide. ElderFlourish provides an information service and the User accepts that we take no responsibility for the way our content is used.
- 7. Modifications to Service
7.1 ElderFlourish reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. “Basic” and “Premium” Users paying for the Service will be refunded any fees already paid in respect of the outstanding months.
7.2 You agree that ElderFlourish shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- 8. Termination
8.1 You agree that ElderFlourish, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, if ElderFlourish believes that you have violated or acted inconsistently with the letter or spirit of these Terms.
8.2 Where there is a breach of these Terms, the rights described in this paragraph are not ElderFlourish’s only remedy and we may take any other action we reasonably deem appropriate in connection with such a breach.
- 9. Advertisers and Other Suppliers
9.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.
9.2 To the fullest extent permitted by applicable law, you agree that: (a) ElderFlourish shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
- 10. Links to Other Websites or Resources
10.1 The Service may provide, or third parties may provide, links to other websites or resources. As ElderFlourish has no control over these sites and resources, you acknowledge and agree that ElderFlourish is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
10.2 You acknowledge and agree that ElderFlourish shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- 11. Use of ElderFlourish Materials
11.1 All materials presented on the Website are subject to copyright, trademark right and/or other intellectual property right owned by or licensed to ElderFlourish. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the Content of this Website or any resources therein without ElderFlourish’s written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
11.2 You acknowledge that all materials You receive from us remain the property of ElderFlourish in perpetuity.
11.3 ElderFlourish strictly forbids the use of any scripted or otherwise automated method of content or website access.
- 12. Disclaimers
12.1 You expressly acknowledge and agree that:
12.1.1 The Content of the pages of the Website is for your general information and use only. It is subject to change without notice.
12.1.2 Your use of the Service is at your sole risk. ElderFlourish has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of ElderFlourish for any errors, omissions or inaccurate information on the Website or available through the Service.
12.1.3 Neither ElderFlourish 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 the 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.
12.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
12.1.5 From time to time the Website and our resources may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that ElderFlourish endorses the website(s) and ElderFlourish has no responsibility for the content of the linked website(s).
12.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
12.1.7 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
12.1.8 No advice or information, whether oral or written, obtained by you from ElderFlourish shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
- 13. Availability of the Website
13.1 ElderFlourish has an excellent record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error-free and ElderFlourish therefore accepts no liability for its unavailability.
13.2 You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
- 14. Limitations of Liability
14.1 ElderFlourish’s liability to you in contract, tort (including negligence) with regard to these Terms, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by you to ElderFlourish under any Contract proportionate to the 3 months preceding the event giving rise to the claim.
14.2 You expressly acknowledge and agree that ElderFlourish shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if ElderFlourish has been advised of the possibility of such damage.
14.3 Nothing in these Terms shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of ElderFlourish.
- 15. Events outside of our control
15.1 ElderFlourish will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms or any Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.1.1 Strikes, lock-outs or other industrial action.
15.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
15.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
15.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.1.5 Impossibility of the use of public or private telecommunications networks.
15.1.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.1.7 Viruses and cyber attacks
15.1.8 Power or other failure affecting any part of our servers, premises or any other part of our service
15.2 ElderFlourish’s performance under any Terms or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Terms or any Contract may be performed despite the Force Majeure Event.
- 16. Membership Service Acceptable Use Policy
16.1 The Membership Service is designed to allow individual users to download specific activity resources for their own needs. Collectively, the ElderFlourish resource collection has taken many years to create.
16.2 The Membership Service is subject to an Acceptable Use Policy, and User Accounts are monitored. ElderFlourish considers that no user would reasonably need to access or download more than 250 resources per calendar month and User Accounts exceeding this download level are subject to review.
16.3 The Membership Service allows the ElderFlourish community to support the hard work of the ElderFlourish staff.
16.4 When You place an Order with us, this is technically an Offer from you, to us. We will deem to have accepted this offer when the Order has been processed and your User Account(s) activated. We reserve the right to cancel any Order for any reason and will refund you your money if we do so.
16.5 We aim to process your Order and activate your User Account(s) as quickly as possible. Depending on how many separate User Accounts are required, this may take up to ten working days from the date your Order is received.
16.6 Our “Basic” and “Premium” Membership Service Contracts run for a minimum of 12 months. If you choose to discontinue your Membership, you can do so at any time, and we will deactivate all your User Accounts, but you will remain liable for payment of any outstanding months’ fees.
- 17. Intellectual Property
17.1 The contents of the Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is ElderFlourish or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners including us.
17.2 Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of ElderFlourish.
- 18. Notices
18.1 Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to our contact address at ElderFlourish, 8 The Driftway, Shipston-On-Stour, Warwickshire, CV36 4QH.
18.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website).
- 19. Invalidity
19.1 If any part of these Terms and Conditions is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
- 20. Privacy
- 21. Third Party Rights
21.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
- 22. Entire Agreement
- 23. Waiver
23.1 No delay or failure by ElderFlourish to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them, nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver, to be effective, must be in writing.
- 24. Governing law
24.1 The contract between yourselves and ElderFlourished shall be governed by and interpreted in accordance with UK laws, including the Sale of Goods Act 1979 and the Unfair Contract Terms Act, and UK courts shall have jurisdiction to resolve any disputes between yourselves and ElderFlourish.
24.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the UK law and you hereby consent to this jurisdiction.
- 25. ElderFlourish Offers, Promotions and Competitions
25.1 All competitions, promotions or offers coordinated by ElderFlourish on the Website, on official social media accounts or circulated via email or other means, will make clear what any offer includes, who is able to participate, how to participate and when said offer or competition begins and ends. Any entries that do not meet these requirements will not be entered into the promotion.
25.2 Promotions by ElderFlourish staff will give specific restrictions and conditions of entry for each in launching any competition, offer or promotion. ElderFlourish staff operating the such promotions, offers and competitions will be available to answer questions and clarify the terms of entry for any potential entrants.
25.3 Any given conditions of entry will be made clear before or at the time of entry for prize draws, discount opportunities or offer codes. These conditions will remain accessible through the period of the promotion.