1. Definitions & Interpretations
“Confirmation Email” means an email sent by the Rees Foundation confirming you are eligible to join the Ask Jan membership and your Order has been accepted.
“Service Commencement Date” means the date stated in the Confirmation Email;
“Fee” means the charge as shown on the order pages when you placed your order;
“Site” means the Rees Foundation website which is under Rees Foundation’s control (directly or indirectly);
“Service” and "Services" means individually or collectively the provision of the professional support and advice offers detailed in the table above, along with digital contents and discounts on attractions and days out via the Max Card, and any other value added services Rees Foundation agree to provide under this Agreement. The Max Card will provide access to a range of discounted and their availability and level of discount is out of the control of the Rees Foundation;
“Max Card” means a discount card for use at a variety of venues offering days out and attractions. Full details of the Max Card can be found here https://mymaxcard.co.uk
“Term” is 12 months from the Service Commencement Date
2. Order acceptance
2.1 Our acceptance of your order will take place when we email you a Confirmation Email, at which point a contract will come into existence between you and us.
2.2 If Rees Foundation are unable to accept your order, we will inform you of this by email and refund 100% of the Fee as soon as possible which shall never take longer than 14 days. We may be unable to accept your order because you are not eligible, for instance, as you are not old enough (you need to be over the age of 18 to receive this service).
2.3 In consideration of the Customer paying the Fee, the Customer shall access to the Services provide by Rees Foundation.
3. Duration and termination
3.1 This Agreement starts on the Service Commencement Date and (unless terminated in accordance with the termination clauses within this agreement) continues for the Term.
3.2 One month prior to the end of the Term, Rees Foundation will send you an email reminding you that your Membership is due to expire. You will be welcome to renew your membership for a further 12 months by purchasing a membership via the Rees Foundation website again.
3.3 Either party may terminate this Agreement by immediate effect if at any time:
i. the other party commits a material breach of the Agreement and (if capable of remedy) fails to remedy the breach within 30 days of receipt of notice to do so; or
ii. the other party enters into liquidation either compulsorily or voluntarily (other than for the purposes of a bona fide amalgamation or reconstruction), has a receiver appointed in respect of the whole or parts of its assets or makes an arrangement or composition with its creditors generally or makes an application to the court for protection from its creditors.
3.4 You may also end this Agreement for any of the below reasons. In such event, the Services and the Agreement will end immediately and Rees Foundation will refund you (within 14 days of termination) on a pro rata basis for the full months left on your Term. The reasons are:
(a) we have told you about an upcoming change to the Services or these terms which you do not agree to;
(b) we have told you about an error in the price of the Services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong
3.5 You have a right to change your mind under the Consumer Contract Regulations 2013. Rees Foundation however offers a goodwill guarantee to its UK customers, which is more generous than the legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to misdescribed services. If you cancel within your 14 day colling off period, even if you have received Services, as a goodwill guarantee, we will not charge you for those Services received and we will refund your Fee in full within 14 days of you notifying us of your cancellation.
3.6 To end this Agreement with us, please let us know by doing one of the following:
(a) call customer services on 0330 0945645 or
(b) email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
4. Obligations & Warranties
4.1 Rees Foundation will:
i. exercise due care and skill in providing the Service (this excludes monitoring suppliers as part of the Max Card);
ii. comply with applicable UK laws in respect of the provision of the Service.
5. Acknowledgements & Disclaimers
5.1 Without limiting clause 4, the Customer acknowledges that:
i. access to any website or App cannot be expected to be uninterrupted or fault free and that the speed and reliability of access may vary in accordance with user demand for such website or App and the Internet generally;
ii. Rees Foundation do not control, and accept no responsibility for the performance or reliability of the websites of third-party suppliers of goods and services comprising the Service;
iii. Many of the advice services within the Ask Jan Membership are provided by other organisations (“third party organisations”). Rees Foundation are not a party to or a guarantor of performance with respect to the third party organisation’s advices and services to you. Rees Foundation shall have no liability to you in relation to any agreement between you and the third party organisation pr any service, support or advice provided to you by the third party organisation;
iv. Rees Foundation does not control and makes no warranty or representation in relation to the quality or availability of promotions, goods and services offered by any third party organisation to a Customer pursuant to the Service or the terms and conditions on which such promotions, goods and services are offered or purchased or the third party’s compliance with any agreement that it may enter into with a Customer;
v. any information that the Customer provides to Rees Foundation is accurate and up-to-date.
6. Warranty Exclusions
To the maximum extent allowed by law, except as expressly set forth in this Agreement, Rees Foundation specifically disclaims all warranties (including warranties with respect to merchantability and fitness for a particular purpose) with respect to any of Rees Foundation’s Services or Sites and any content, functionality, goods or services offered, supplied or made available through or in connection with Rees Foundation’s Service or Sites (whether by Rees Foundation or a third party).
7.1 In return for Rees Foundation providing the Service, the Customer will pay Rees Foundation the Fee.
7.2 The Fee shall be paid in advance by the Customer by way of credit or debit card at the time of placing the order and the payment will be processed the external payment processor organisation, Square.
7.3 The Fee is deemed inclusive of VAT.
8.1 Our current insurance cover for public liability insurance in respect of any one claim is £5,000,000.00. Professional indemnity is £1,000,000.00.
8.2 Our liability to compensate you for any loss or damage (other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us or our staff. Our liability is also subject to certain limitations set out below.
8.3 We will compensate you for any loss or damage you may suffer if we fail to carry out duties imposed on us by law (including if we caused your death or personal injury by our negligence) unless that failure is attributable to:
(a) your own fault;
(b) a third party unconnected with the provision of Services under this contract; or
(c) events which we could not have foreseen or prevented even if we had taken all reasonable care.
8.4 We accept no liability, howsoever caused, for any losses, costs, damages, claims or expenses in attributable to the deliberate act or omission, or the dishonesty of an employee or third party organisation.
8.5 We accept no liability for any losses, costs, damages, claims or expenses in relation to your personal property.
9. Refunds and complaints
9.1 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 3.6 then your refund will be made within 14 days of your telling us you have changed your mind.
9.2 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on 0330 0945645 or email us at email@example.com. Our complaints policy can be found here:
10. Data Protection
11. Novation & Assignment
11.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you the proportion of payments you have made in advance for Services not provided.
12.1 Rees Foundation may make change to the Services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
12.2 Rees Foundation may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
13. Force Majeure
13.1 If Rees Foundation’s supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
14. Other Terms
14.1 If a provision of this agreement (or part of any provision) is found illegal, invalid or unenforceable, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
14.2 Rees Foundation may subcontract all or any part of its obligations under this Agreement but will remain responsible to the Customer subject to clause 5.1 of this Agreement as prime contractor for the delivery of the Service.
14.3 No waiver of any term, provision or condition of this Agreement shall be effective except to the extent made in writing and signed by the waiving party.
14.4 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14.5 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be sent to the details provided on the first page of this Agreement. Any notice will be deem received when (i) if delivered by hand, at the time the notice is left at the proper address; (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second business day after posting; (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.
14.6 This Agreement (and any dispute, controversy, proceedings or claims of whatever nature arising out of or in any way relating to this Agreement or its formation) shall be governed and construed in accordance with English Law and any disputes arising in relation thereto shall fall within the exclusive jurisdiction of the English Courts.
Notice of the Right to Cancel
• You have a right to cancel this agreement if you so wish.
• This right can be exercised by delivering, or sending to us (including by electronic mail) the Cancellation Notice below at any time within the period of 14 Days starting with the date you sign this agreement.
• Notice of cancellation will take effect as soon as it is posted or sent to us by any other means.