Terms and Conditions
Contents
- Who are 'we'?
- Legal Information
- Copyright
- Issue and Article Download
- Privacy Policy
- Overview
- What personal data do we collect?
- How we use your personal data
- Marketing communications
- Newsletters
- Essential communications
- Membership including renewal notifications and magazines
- Editorial communication
- Fundraising, donations and legacy pledges
- Retail sales and events management
- Research
- Profiling
- Updating your data and marketing preferences
- The Right to be Forgotten
- Your data protection rights (DPO)
- Accessing information we hold on you
- What to do if you’re not happy
- Keeping your information
- How we secure your data
- Disclosing and sharing information
- Storage of information
- CCTV
- Links to other websites
- Cookies
- Resurgence Online Shop
- Advertising Terms and Conditions
- Disclaimer
- Changes
- The Resurgence Trust
Who are 'we'?
In this document, whenever you see the words ‘we’, ‘us’, ‘our’, ‘Resurgence, it refers to The Resurgence Trust, a charity registered in England and Wales. Registered address: The Resurgence Centre, Fore Street, Hartland, Bideford, Devon EX39 6AB.
The Resurgence Trust (Reg. Charity number 1120414) is a charity that promotes ecological sustainability, social justice and spiritual values. The Resurgence Trust also carries on a number of trading activities to generate income for The Resurgence Trust including the sale of book and gifts from our online shop, income from partnerships including sponsorship, affinity marketing, events and advertising revenues.
If you have any questions in relation to these Terms & Conditions, or how we use your personal data they should be sent to [email protected] or addressed to the Data Protection Officer, The Resurgence Trust, The Resurgence Centre, Fore Street, Hartland, Bideford, Devon EX39 6AB.
Legal Information
Below are the Terms and Conditions which apply to information contained in the pages of www.resurgence.org, i.e., ‘the Resurgence website’ and to the ordering of any products from the website. By using this website and/or making a purchase through this website you agree to and accept our Terms and Conditions. All transactions undertaken through this website are governed by English Law.
Copyright
The information on the Resurgence website may not be copied or adapted without written permission from The Resurgence Trust. The reproduction, copying, downloading, modification, storage, recording, broadcasting, retransmission and distribution of any part of the Resurgence website is not permitted, other than making a single copy for personal use. If you would like to reprint an article or use an image from the Resurgence website please contact the editorial department to obtain permission: [email protected]
Issue and Article Download
Binding Terms and Conditions of Use:
By downloading any issue or article from this website, the downloader undertakes that the use of the downloaded material will be limited to their own personal reference only, and acknowledges that the contents are copyright of the respective authors, photographers, illustrators and/or their agents. Sale or reproduction in any form is absolutely prohibited, including (but not limited to) copying, printing, digital or computer media, websites or downloads. These terms apply to all issue and article downloads, including free sample issues or articles, issues or articles purchased individually, and downloads made by members. These terms cover material from Resurgence Magazine, Resurgence & Ecologist Magazine, The Ecologist Magazine, and its supplements. Action will be taken against any infringement of these terms.
Privacy Policy
The privacy and security of your personal information is extremely important to The Resurgence Trust. This privacy policy explains how and why we use your personal data, to make sure you stay informed and can be confident about giving us your information.
We’ll keep this policy updated to show you all the things we do with your personal data. This policy applies if you’re a supporter of the Resurgence Trust (member, donor, volunteer, tenant, customer, employee) or use any of our services, visit our website, use our mobile app, email, call or write to us.
Overview
The Resurgence Trust respects and protects the privacy of anyone who visits the Resurgence website. We’ll never sell your personal data.
- The Resurgence website includes links to other sites, not owned or managed by Resurgence. We cannot be held responsible for the privacy of data that may be collected by those websites.
- We may collect and record information in order for us to understand more about how our site is used and in turn to make sure that the site reflects your needs. In order to do this we may send cookies to your browser.
What personal data do we collect?
Your personal data (any information which identifies you, or which can be identified as relating to you personally for example, name, address, phone number, email address) will be collected and used by us. We collect the minimum personal data that we need to fulfill our responsibilities in connection with specific activities such as registration or membership requests, placing an order, booking an event, donations, volunteering, contributing articles, employment etc.
You can give us your personal data by filling in forms on our website, by registering to use our website, participating in an event, subscribing to receive emails on our website or other social media functions on our website, entering a promotion or survey or by corresponding with us (by phone, email or by joining as a member/supporter/customer).
This personal data you give us may include name, title, address, date of birth, age, gender, employment status, demographic information, email address, telephone numbers, personal description, photographs, usernames and passwords.
Personal data provided by you
This includes information you give when interacting with us, for example taking out a membership to The Resurgence Trust or registering on the Resurgence website, placing an order or communicating with us. For example:
- Personal details (name, date of birth, email, address, telephone, and so on) when you join as a member or supporter
- Financial information (payment information such as credit or debit card or direct debit details, and whether donations are gift-aided)
- Your opinions and attitudes about the Resurgence Trust, activities and interests, and your experiences of the Resurgence Trust.
- If you buy membership as a gift or are the parent of one of our readers or supporters, including volunteers, your details will be recorded and your association with that relationship will be recorded.
We may automatically collect the following information:
- Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and, if you access our website via your mobile device, we will collect your unique phone identifier.
- Information about your visit, including, but not limited to the full Uniform Resource Locators (URL) and query string, clickstream to, through and from our website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as but not limited to, scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
- Information about your purchases including but not limited to revenue figures, the types of products purchased, membership application ID, purchase ID, event booking ID, and Renewal ID.
- The terms that you use to search our website.
Please note that certain services on our website won’t be available to you until you’ve registered to use our website.
Personal data created by your involvement with us
Your activities and involvement with us will result in personal data being created. This could include details of how you’ve helped us by volunteering or being involved with our events or activities. If you decide to donate to us then we’ll keep records of when and how much you give and whether this is for a particular project.
Information from third-parties
We do not buy anonymous external data (e.g. census data, Experian MOSAIC, TGI) or combine external data with your personal data to build profiles.
Sensitive personal data
At times we may collect sensitive personal data for Equal Opportunities monitoring, as well as researching whether we deliver good services for everyone, but this is only ever analysed at an aggregate level.
Children’s personal data
We do not have a separate Young Person membership. Individual membership and gift memberships are available to everyone over the age of 13. When registering on our website, we will ask for confirmation that you are over 13. Anyone under the age of 13 will not be permitted to register on the Resurgence website.
How we use your personal data
We’ll only use your personal data on relevant lawful grounds as permitted by the EU General Data Protection Regulation (effective from 25 May 2018)/UK Data Protection Act and Privacy of Electronic Communication Regulation.
Personal data provided to us will be used for the purpose or purposes outlined in any fair processing notice in a transparent manner at the time of collection or registration where appropriate, in accordance with any preferences you express. If asked by the police, or any other regulatory or government authority investigating suspected illegal activities, we may need to provide your personal data.
Your personal data may be collected and used to help us deliver our charitable activities, help us raise funds, or complete your order or request. Below are the main uses of your data which depend on the nature of our relationship with you and how you interact with our various services, websites and activities.
Marketing communications
Your privacy is important to us, so we’ll always keep your details secure. We’d like to use your details to keep in touch about things that may matter to you. If you choose to hear from us we may send you information based on what is most relevant to you. This might be about a Resurgence event, volunteering with us, membership, fundraising, or the Resurgence shop.
We’ll only send these to you if you agree to receive them and we will never share your information with other companies for inclusion in their marketing. If you agree to receive marketing information from us you can change your mind at any time. (However, if you tell us you don’t want to receive marketing communications, you may not hear about events or other work we do that may be of interest to you.)
Personal data provided to us may also be profiled to help us with advertising targeting. For example, your membership data may be used to ensure we don’t serve you online membership advertisements.
We may use third-parties to capture some of our data on our behalf, but only where we are confident that the third-party will treat your data securely, in accordance with our terms and in line with the requirements set out in the General Data Protection Regulation (GDPR).
Newsletters
We use Constant Contact as our marketing automation platform to send emails on our behalf to our supporters. When you opt in on our website to receive Resurgence newsletters you acknowledge that we will pass your name and email address to Constant Contact. Constant Contact will handle your data in accordance with their Privacy Policy and Terms.
You can opt out of these newsletters at any time, either in My Resurgence, or by using the link at the bottom of any newsletter. If you opt out using the link at the bottom of a newsletter, this will override your settings in ‘My Resurgence’. If you have any queries please email [email protected]
Essential communications
There are some communications that we need to send. These are essential to fulfil our promises to you as a member, volunteer, donor or buyer of goods or services from the Resurgence Trust. Examples are:
- Transaction messaging, such as Direct Debit schedules, shop purchase confirmations and event booking confirmations.
- Membership-related mailings such as renewal reminders.
- Notification of new issues being released online. When you take out a digital membership (previously known as an e-membership), we will send you an email notification when each new issue is released online as part of our customer service to you as a digital member. You can change your preferences in ‘My Resurgence’ if you no longer wish to receive these notifications.
Membership including renewal notifications and magazines
We use the personal data you provide as a member to service your membership. This includes sending renewal information to annual members by mail and email, sending Resurgence & Ecologist magazines and, where required, sending key information about the Resurgence Trust. It’s also used to verify you when you contact our Membership team or sign up for a My Resurgence account to manage your membership online.
Editorial communication
Your privacy is important to us, so we’ll always keep your details secure. We use the personal data you provide as a contributor to service the production of the magazine. This includes sending complimentary copies and details of the issue release.
We’d like to use your details to keep in touch about things that may matter to you. If you choose to be added to our contributor’s database, then we’ll send you information about opportunities relevant to you. For example, this might be about contributing content to the magazine, speaking at a Resurgence event, volunteering with us, or other interests of the Trust.
Fundraising, donations and legacy pledges
Where we have your permission, we may invite you to support the work of The Resurgence Trust by making a donation, getting involved in fundraising activities or leaving a gift in your will.
Occasionally, we may invite some supporters to attend special events to find out more about the ways in which donations and gifts in wills can make a difference to specific projects and to our cause. We’ll also send you updates on the impact that you make by supporting us in this way, unless you tell us not to.
If you make a donation, we’ll use any personal information you give us to record the nature and amount of your gift, claim gift aid where you’ve told us you’re eligible and thank you for your gift. If you interact or have a conversation with us, we’ll note anything relevant and store this securely on our systems.
If you tell us you want to fundraise to support our cause, we’ll use the personal information you give us to record your plans and contact you to support your fundraising efforts.
If you’ve told us that you’re planning to, or thinking about, leaving us a gift in your will, we’ll use the information you give us to keep a record of this – including the purpose of your gift, if you let us know this.
If we have a conversation or interaction with you (or with someone who contacts us in relation to your will, for example your solicitor), we’ll note these interactions throughout your relationship with us, as this helps to ensure your gift is directed as you wanted.
Charity Commission rules require us to be assured of the provenance of funds and any conditions attached to them. We follow a due diligence process which involves researching the financial soundness, credibility, reputation and ethical principles of donors who’ve made, or are likely to make, a significant donation to The Resurgence Trust. As part of this process we’ll carry out research using publicly available information and professional resources. If this applies to you, we’ll remind you about the process when you make your donation.
Retail sales and events management
We process customer data in order to fulfil event bookings and retail activities. Your data will be used to communicate with you throughout the process, including to confirm we’ve received your order and payment, to confirm dispatch, to clarify where we might need more detail to fulfil an order or booking, or to resolve issues that might arise with your order or booking. We may pass your dietary requirements for an event to the event organisers or caterers.
Research
We carry out research with our supporters, customers, staff and volunteers to get feedback on their experience with us. We use this feedback to improve the experiences that we offer and ensure we know what is relevant and interesting to you.
If you choose to take part in research, we’ll tell you when you start what data we will collect, why and how we’ll use it. All the research we conduct is optional and you can choose not to take part. For some of our research we may ask you to provide sensitive personal data (e.g. ethnicity). You don’t have to provide this data and we also provide a ‘prefer not to say’ option. We only use it at an aggregate level for reporting (e.g. equal opportunities monitoring).
Profiling
We may use profiling and targeting to help us understand our supporters and make sure that:
- our communications (e.g. emails) and services (e.g. our website) are relevant, personalised and interesting to you
- our services meet the needs of our supporters
- we only ask for further support and help from you if it’s appropriate
- we use our resources responsibly and keep our costs down
To do this we may analyse how you interact with us (e.g. on our website, at our events, etc) and use both geographic and demographic information to let you know what’s happening in your local area and understand your interests.
We use specific tools to profile how you interact with us online, for example, Google Analytics and Double Click for Advertisers. We use Google Analytics to collect information on the use of The Resurgence Trust website and the Ecologist website. Much of the information we collect is aggregated, however we may also collect some personal data for the use of personalising your experience, optimising our marketing campaigns, and to ensure the site is functioning as intended.
The personal information that is collected includes transactional information (i.e. order number) for Memberships, Donations, Renewals, Event Bookings and Online Shop Purchases. We also collect data on individual user activity when they create or log into their ‘My Resurgence’ account.
If you’ve agreed that we can contact you for marketing purposes, we may also gather additional information about you from external sources, for example: updates to address and contact information, or publicly available information regarding your wealth, earnings and employment at an aggregate level. We may use this information to assess your capacity to support us and invite you to do so.
This analysis may be carried out by us or by third-party organisations working for us. We may also host secured personal data on third-party websites (e.g. social media platforms) to ensure that you only see relevant, personalised and interesting content from those organisations.
Updating your data and marketing preferences
We want you to remain in control of your personal data. If, at any time, you want to update or amend your personal data or preferences please contact us in one of the following ways:
- If you are registered on our website, you can go to My Resurgence and change your details.
- Contact us, clearly stating the changes that you would like us to make, and including your full name and full address. If you are a member and receive the magazine by post, please also include your member number, which you can find in the line above your name and address on the wrapper that your magazine is sent in. You may contact us as follows:
- Telephone us: +44 (0) 1237 441293. The office is open 9.00am-5.00pm, Mon-Fri, excluding weekends & bank holidays.
- Email: [email protected]
- Write to: Data Controller, The Resurgence Trust, The Resurgence Centre, Fore Street, Hartland, Bideford, Devon EX39 6AB
Verification, updating or amendment of personal data will take place within 30 days of receipt of your request.
The Right to be Forgotten
Under the terms of GDPR you have the right to have your personal data erased. You can make the request verbally or in writing using the contact details above. We will respond to your request within one month. We will provide you with details of the data that we hold on you and the data that has been erased. The right to erasure is not absolute and only applies in certain circumstances. We will inform you if this is the case and explain why. We may request a reasonable fee to deal with your request for erasure.
Your data protection rights (DPO)
Where the Resurgence Trust is using your personal data on the basis of consent, you have the right to withdraw that consent at any time. You also have the right to ask the Resurgence Trust to stop using your personal data for direct marketing purposes. Tell us by contacting us using the details above.
Accessing information we hold on you
You have the right to access the data we hold on you. If you would like exercise your right to access the data we hold on you, please contact us using the contact details above. Please provide the following details:
- The personal information you want to access.
- Where it is likely to be held.
- The date range of the information you wish to access.
We will also need you to provide information that will help us confirm your identity. If we hold personal information about you, we will give you a copy of the information in an understandable format together with an explanation of why we hold and use it.
Once we have all the information necessary to respond to your request we’ll provide your information to you within one month. This timeframe may be extended by up to two months if your request is particularly complex.
What to do if you’re not happy
In the first instance, please talk to us directly so we can resolve any problem or query. You also have the right to contact the Information Commissions Office (ICO) if you have any questions about Data Protection. You can contact them using their help line 0303 123 113 or at www.ico.org.uk.
Keeping your information
We will only use and store your information for as long as it is required for the purposes it was collected for. How long it will be stored for depends on the information in question, what it is being used for and, sometimes, statutory legal requirements. For example:
- If you have made a purchase or donation we will keep your data for 7 years, as required by HMRC.
- If you have taken out a membership with The Resurgence Trust we will keep your data for as long as you remain a member, in order to service your membership. We will retain your data for 7 years after your membership lapses, as required by HMRC.
- If you have registered on our website but have not logged in for five years, your data will be deleted.
Note that when you take out membership, you gain access to certain resources on the website, such as magazine issues and articles. Your access to these resources persists even after your membership lapses. However, if your data is deleted because you have not logged in to the website for a long period, then you will loose access to these resources. Please log in to the website periodically if you wish to retain access to these resources.
How we secure your data
Information system and data security is imperative to us to ensure that we are keeping our customers, members, volunteers, employees and contractors safe. We operate a robust and thorough process for assessing, managing and protecting new and existing systems to ensure that they are up to date and secure against the ever-changing threat landscape.
Our staff complete information security and data protection training to reinforce responsibilities and requirements set out in our information security policies. When you trust us with your data we will always keep your information secure to maintain your confidentiality.
Data travelling to and from our website uses a secure (https/ssl) connection. By utilising strong encryption when your information is in transit we minimize the risk of unauthorized access or disclosure. When entering information on our website, you can check this by right-clicking on the padlock icon in the address bar. Data sent by email is not encrypted. Personal data is not encrypted whilst in storage, but there are strict controls over who has access to the data.
Disclosing and sharing information
We do not sell, rent or barter your personal information for use by other organisations.
Personal data collected and processed by us may be shared with the following groups where necessary:
- The Resurgence Trust employees and volunteers
- Third-party cloud hosting and IT infrastructure providers who host the website and provide IT support in respect of the website.
Also, under strictly controlled conditions:
- Contractors
- Service Providers providing services to us
- Advisors
- Agents
When we allow third-parties acting on behalf of The Resurgence Trust to access to your information, we will have complete control of what they see, how long they see it for and what they are allowed to do with it.
We may also disclose your personal information to third-parties if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or cookie policy and other agreements; or to protect the rights, property, or safety of The Resurgence Trust, our members, supporters and participants at our events. This includes exchanging information with other companies and organisations for the purposes of fraud detection and prevention.
Storage of information
The Resurgence Trust operations are based in the UK and we store most of our data within the European Union (EU). Some organisations which provide services to us may transfer data outside the European Economic Area but we’ll only allow this if your data is adequately protected. Some of our systems are provided by US companies and whilst it is our policy that we prefer data hosting and processing to remain on EU-based solutions, it may be that using their products results in data transfer to the US. However we only allow this when we are certain it will be adequately protected.
CCTV
Some of the venues where we hold Resurgence Trust events have Closed Circuit Television (CCTV) and you may be recorded when you participate in an event. CCTV is used to provide security and protect the public and the Resurgence Trust. CCTV will be only be viewed when necessary (e.g. to detect or prevent crime) and footage is stored for set period of time after which it is recorded over. The Resurgence Trust complies with the Information Commissioner’s Office CCTV Code of Practice and we put up notices so you know when CCTV is used.
Links to other websites
Our website contains links to other websites, not limited to our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. This privacy policy applies solely to the personal data collected by The Resurgence Trust.
Cookies
Cookies are small packets of information which are sent by a web site and stored on the user's computer. They are sent back to the web site again when the user subsequently loads another page from that site. Cookies remain on the user's computer for a period of time, which may be anything from a few seconds to several years.
The Resurgence website uses cookies for various purposes:
- To enhance security by identifying and preventing fraudulent use of the site.
- To authenticate who you are, while you are logged in to the site.
- To display status messages.
- To keep track of items from the Resurgence online shop that you have placed in your basket.
- To give you online access to content you have recently purchased from the online shop.
- To remember any preferences you have set, e.g. for cookie consents.
- To help us collect information about which pages on the Resurgence site you visit, to enable us to better understand how visitors use the site.
These cookies are completely safe and secure and do not contain any sensitive information.
At the bottom left of each page there is a Cookie Settings icon. If you click this you can view a detailed list of all cookies used on the site, and you can set your preferences for which cookies you are happy to accept. You can also adjust settings in your browser to disallow the storage of cookies or delete any which have already been stored. (Note that if you disallow all cookies, this may impact your experience of using the website.) If you use the Resurgence website without expressing a preference, we will assume that you are happy to receive all cookies sent by the site.
Resurgence Online Shop
Guarantee
We honour all requirements of UK Consumer Protection law and without affecting your statutory rights as a consumer we will replace or refund the price of any products which you consider unsatisfactory. We really do hope you enjoy Resurgence & Ecologist magazine and become a loyal supporter of The Resurgence Trust. If at any time you are unhappy with our dealings, we aim to resolve any issues as quickly and amicably as possible.
Prices and Tax
All our prices include VAT, where applicable, charged at current rates. All prices are displayed in UK pounds sterling. If you pay using a credit card with a different currency, your Credit Card Company will convert the transaction to your currency at the going rate at the time of purchase.
The price of the products listed in the shop will be the price quoted on the web site at the time we accept your order. You will be charged any relevant value added tax as part of the purchase price. There is no vat on print membership subscriptions. Vat is payable on digital membership subscriptions and pdf downloads and the cost of this has been incorporated into the price you pay at the time of purchase.
We reserve the right to alter our prices.
Shipping and Handling
We aim to offer an efficient and reliable delivery service. The cost of your delivery is automatically calculated according to the size and weight of items ordered and the delivery address.
Postage is based on actual rate and weight tariffs. This prevents those placing small orders from being over-charged. In order to keep postage to a minimum some items may be sent in recycled packaging.
Our policy is to dispatch all orders within 5 days. If items are unavailable then we will contact you to advise those that are not in stock and those which can be sent immediately. We cannot be held responsible for delays in the postal services. It is best to allow up to 7 working days for delivery in the UK, and up to 10 days outside the UK. Please also allow for Public Holidays.
Secure Online Ordering
We comply with the Payment Card Industry Data Security Standard (PCI-DSS), the international standard for safe card payment processes. We use SagePay to process online payments and collect credit card details. SagePay use SSL (Secure Socket Layer technology) to accept your payment details. Resurgence does not have access to your credit card number since this is sent directly to SagePay.
SagePay provide secure online credit card and debit card payment solutions for thousands of online and mail order businesses and are the largest independent Payment Service Provider in the UK. SagePay has achieved the highest level of compliance under the PCI-DSS. They adhere to the most stringent levels of fraud screening, ensuring that customer's details remain secure throughout the transaction process.
We accept all major credit and debit cards.
Other Methods of Ordering
If you prefer not to purchase items online, there are a number of other options:
- By phone: +44 (0) 1208 841 824
- By email: [email protected]
- By post: Please complete your order form on-line, select the option to ‘print’ and send to: The Resurgence Trust, Rocksea Farmhouse, St. Mabyn, Bodmin, Cornwall, PL30 3BR, United Kingdom
Order confirmation
Once you have placed an order you will be sent a confirmation of your order by e-mail.
Returns and Refunds
You may return any product you buy from us without any fuss for a full refund if you contact us within 7 days of receiving your goods. The value of the item(s) refunded will be refunded to your card if you paid by credit or debit card. If you paid by cheque we will send you a cheque instead. We will not refund the cost of postage. Magazines associated with a membership subscription to The Resurgence Trust are not covered by this guarantee, as payment for a membership subscription is a donation to the charity and not a payment for a 'product'. We are therefore unable to offer refunds on membership subscriptions to The Resurgence Trust.
The guarantee is only valid if the product has not been damaged. We require that all goods be returned by recorded delivery, or that customers obtain a Certificate of Posting from the Post Office as we cannot be held responsible for any goods lost during transit.
Please include your name, delivery address, phone number and your ‘Transaction ID’ in any correspondence. You’ll find this in the confirmation email that you received from SagePay.
In the case of damage in transit, we accept no liability for any damage that occurs once goods have left our premises. If you do receive damaged goods, please retain all relevant documentation in case a claim needs to be made against the carrier.
If your order has been lost in the post it can only be re-sent or refunded 17 working days after it was dispatched because it is only after this period that the Royal Mail regards postage as officially lost. This applies within the UK only.
If you have any questions about our returns and refunds policy, please email us at [email protected]
Advertising Terms and Conditions
All advertisements accepted for publication by The Resurgence Trust, are subject to the following terms and conditions, which the advertisement buyer agrees to by any of these actions: purchasing, agreeing to purchase, reserving space, providing the advertisement materials, or otherwise communicating its intent to be an active advertiser.
The party or parties (hereinafter called "ADVERTISER") placing advertisements (hereinafter called "ADVERTISEMENT") and The Resurgence Trust (hereinafter called "PUBLISHER"), by accepting the ADVERTISER's order to publish advertising in one or more of PUBLISHER's printed magazines, online magazines, Web sites, e-mail newsletters or any other medium (hereinafter called "PUBLICATION"), hereby agree to the following terms and conditions:
1. Only these terms and conditions and PUBLISHER'S rate card shall be binding upon the PUBLISHER and ADVERTISER. PUBLISHER shall not be bound by any conditions, appearing on ADVERTISER'S insertion orders, agency forms, copy instructions, or otherwise which conflict with the provisions appearing in this contract and PUBLISHER'S applicable rate card. All terms and conditions are subject to change by PUBLISHER without notice.
2. PUBLISHER reserves the right to exclude any ADVERTISEMENT which, in its opinion, does not conform to the standards of the PUBLICATION. ADVERTISERS are not allowed to quote this PUBLICATION's reviews or ratings in advertisements submitted for publication herein, without the PUBLISHER'S prior written consent. The word "advertisement" shall be printed at either the top or the bottom of advertisements, which, in the opinion of the PUBLISHER might be confused with editorial pages.
3. The subject matter, form, size, wording, illustration, photography, (and if applicable, colour) and typography of ADVERTISEMENT shall be subject to the approval of PUBLISHER. If ADVERTISER is unable to provide ADVERTISEMENT in the type or style requested, PUBLISHER may publish ADVERTISEMENT in such other type or style as, in its opinion, most nearly corresponds, and the ADVERTISEMENT may be inserted without submission of proof unless proof before insertion is requested on the face of the insertion order.
4. PUBLISHER does not accept responsibility for the quality of any ADVERTISEMENT supplied by ADVERTISER or its agent which does not meet PUBLISHER's mechanical specifications and/or is not provided by stated deadline. PUBLISHER reserves the right to alter any film, mechanical, digital file, text message, or other material which does not meet said specifications. In the absence of a suitable ADVERTISEMENT, PUBLISHER may create new graphic and/or text ADVERTISEMENT based on its best knowledge of ADVERTISER's product/service. ADVERTISER or its agent will be charged for all production work, including graphic art and design services, digital work, copywriting, typesetting, halftones, reverses, artwork(s). Services provided by the PUBLISHER will be billed at the prevailing rates, and no commission will be allowed on such charges.
5. All orders are accepted subject to acts of God, fires, strikes, accidents, action of government entity, or other occurrences beyond PUBLISHER'S control, which prevent PUBLISHER from partially or completely producing, publishing, or distributing its PUBLICATION.
6. ADVERTISER agrees to pay for all ADVERTISEMENT published by the PUBLISHER in accordance with the PUBLISHER'S applicable rate card. Payment in full is due at space reservation deadline, unless credit has been approved in advance. All new ADVERTISERS must pre-pay first insertion. When credit has been granted, all payment is due within authorized credit terms from the invoice date. If payment is not made according to credit terms, ADVERTISER will be rebilled at the contracted date. Interest is 2% per month (24% per annum) and shall accrue on past due balances. At 90 days past due, bill will be turned over to collections at the open gross rate. If ADVERTISER is an agency, ADVERTISER'S clients will be billed directly upon default of ADVERTISER and client by appointment of ADVERTISER as its agent, expressly agrees to indemnify PUBLISHER for ADVERTISER'S default. PUBLISHER will render bills to ADVERTISER not less than monthly but failure to bill shall not constitute a breach of contract. If ADVERTISER defaults in payments of bills or if in the judgement of the PUBLISHER, ADVERTISER'S credit becomes impaired, PUBLISHER may require payment in advance. ADVERTISER and agency are jointly separately liable for all charges.
7. If ADVERTISER places fewer ADVERTISEMENTS than contracted for within the contract period, then the ADVERTISER will be liable for additional charges based on the actual earned rate. If ADVERTISER places a greater quantity than contracted for, ADVERTISER may receive a rebate based on actual earned rate upon request and if applicable. Any rebates will be refunded by PUBLISHER upon full payment of contract by advertiser.
8. PUBLISHER retains the right to alter any of its PUBLICATIONs in any way, including changing the name, format, style, frequency, schedule, medium and mission. PUBLISHER will provide reasonable notice to ADVERTISER, who will have the right to change or terminate any advertising contract which is reasonably affected by the change; however ADVERTISER remains responsible for full payment for any ADVERTISEMENT published prior to the change.
9. ADVERTISER agrees to prepay transportation and import charges on all materials sent to the PUBLISHER. If such charges are not prepaid, PUBLISHER may either reject the material or accept it and pay the charges. In the latter case, ADVERTISER shall promptly reimburse PUBLISHER.
10. PUBLISHER'S liability is limited only to the direct cost of the advertisement and not for indirect or subsequent damages due to loss of business or profit, no matter what the circumstances or notifications.
11. ADVERTISER agrees to indemnify, defend and hold harmless PUBLISHER against any judgements, costs, expenses or disbursements incurred by reason of libelous statements, violation of right of privacy, copyright infringement or any other claim(s) or suit(s) arising in connection with ADVERTISEMENTs contracted according to the terms herein.
12. The ADVERTISER warrants to us the:
- The ADVERTISEMENT does not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary rights;
- For investment advertisers, the ADVERTISER must be a person who is authorized to place advertising in accordance with the Financial Services and Markets Act 2000. Alternatively the contents of the ADVERTISEMENT must be approved by an authorized person within the meaning of the 1986 Act or otherwise permitted under the 2000 Act or regulations made under it;
- ADVERTISEMENTs comply with the requirements of all relevant legislation and codes of practice governing the advertising and newspaper industries in force in the United Kingdom at the time of placing the ADVERTISEMENT;
- All ADVERTISEMENTs submitted to us are legal, decent, honest and truthful.
13. Although we take every precaution to ensure that all ADVERTISEMENTs appear correctly it is also the responsibility of the ADVERTISER to check adverts and notify us of any mistake or inaccuracy immediately it appears. However we will make all reasonable effort to insure accuracy at all times. We will only be liable for any error in the first insertion of an ADVERTISEMENT and not for any subsequent insertions of the same ADVERTISEMENT.
14. We will not be liable for any loss of copy, artwork, photographs or other materials. ADVERTISERS providing such materials are advised to retain adequate copies for their use in the event of such a loss.
15. If we are required by the Trading Standards, police or other relevant authority to disclose information relating to any ADVERTISEMENT, the ADVERTISER authorizes the disclosure of that information. Any such information will be disclosed by us in good faith and the ADVERTISER acknowledges that he will have no cause of action in respect of any such disclosure.
Disclaimer
The Resurgence Trust makes every effort to ensure the accuracy of the information on this website. The Resurgence Trust cannot accept responsibility for any inconvenience, loss or damage caused as a result of inaccurate information on these pages. The Resurgence Trust takes no responsibility for material posted on unmoderated areas of this site. While we endeavour to ensure that any such material is blocked/deleted at the earliest opportunity, we accept no liability for any loss, damage, injury or offence arising from the presence of any such material on the site.
Where this site is hypertext-linked to or from any site operated by any third party we accept no responsibility or liability for access to, or arising in respect of any content on such site nor shall the presence of such links be deemed to be a recommendation or endorsement of such site by The Resurgence Trust.
Changes
We regularly review our Terms and Conditions to ensure that they are up to date and compliant with any new legislation. The latest version will always be posted on our website. At no point do these Terms and Conditions affect your statutory rights.
These Terms and Conditions were last updated on 8 July 2024.
The Resurgence Trust
This website is owned and operated by The Resurgence Trust. The Resurgence Trust is a Limited Company registered in England and Wales. Company number 5821436. VAT number: 4562 12953. The Resurgence Trust is a charity registered in England and Wales. Charity number 1120414. Registered Office: The Resurgence Centre, Fore Street, Hartland, Bideford, Devon EX39 6AB. Telephone +44 (0) 1237 441293, Fax 01237 441 203. www.resurgence.org