TERMS & CONDITIONS

This page (together with our Website Terms and Conditions, Privacy Policy and Website Acceptable Use Policy) tells you information about us and the legal terms and conditions (Terms) on which we provide any of the programmes (Programmes) listed on our website (our site) to you.

These Terms will apply to any contract between us for the supply of Programmes to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Programmes from our site. Please note that by ordering any of our Programmes, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Programmes from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 8. Every time you wish to order Programmes, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 11th January 2017.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We operate the domain site www.dsd.me. We are Do Something Different Limited, a company registered in England and Wales under company number 07334205, with our registered office at C/O DSM, The Station House, Station Road, Whalley, Lancashire, BB7 9RT. Our VAT number is 108 6832 08.

1.2 To contact us please email us at: help@dsd.me.

2. OUR PROGRAMMES

2.1 In describing the Programmes and their benefits on our site, we have made every effort to be as accurate as possible, but owing to the nature of the Programmes we cannot warrant any of the benefits.

2.2 All Programmes shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Programme you have ordered is not available and we will not progress your order if made.

3. USE OF OUR SITE

Your use of our site is governed by our Website Terms and Conditions and Website Acceptable Use Policy. Please take the time to read these, as they include important terms, which apply to you.

4. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance our Privacy Policy and our Cookie Policy .

5. IF YOU ARE A CONSUMER

This clause 5 only applies if you are a consumer.

5.1 If you are a consumer you can only purchase Programmes from our site if you are at least 18 years old or you have permission from someone who is over 18 years old.

5.2 As a consumer, you have legal rights in relation to Programmes that are defective or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. IF YOU ARE A BUSINESS CUSTOMER

This clause 6 only applies if you are a business.

6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Programmes.

6.2 These Terms and our Privacy Policy, Website Terms and Conditions and Website Acceptable Use Policy constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of the us which is not set out in these Terms or our Privacy Policy, Website Terms and Conditions and Website Acceptable Use Policy.

7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1 For the steps you need to take to place on order on our site, please see our website.

7.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.4.

7.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Programme(s) will be supplied and how (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

7.5 If we are unable to supply you with a Programme, for example because that Programme is no longer available or because of an error in the price on our site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Programme, we will refund you the full amount as soon as possible.

8. OUR RIGHT TO VARY THESE TERMS

8.1 We may revise these Terms from time to time in the following circumstances:

(a) changes in how we accept payment from you;

(b) changes in relevant laws and regulatory requirements; and

(c) changes in the commercial environment affecting (materially) our ability to supply our Programmes.

8.2 Every time you order Programmes from us, the Terms in force at that time will apply to the Contract between you and us.

8.3 Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

9. YOUR CONSUMER RIGHTS OF CANCELLATION AND REFUND

This clause 9 only applies if you are a consumer.

9.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to undergo a Programme, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens' Advice Bureau or Trading Standards office.

9.2 You may cancel a Contract from the date you receive the Order Confirmation, which is when the Contract between us is formed. If we have already started supplying the Programme to you, you have a period of 14 (fourteen) working days in which you may cancel, starting from the day you are first provided with the Programme.

9.3 To cancel a Contract, please contact us in writing to tell us by sending an e-mail to help@dsd.me; or (b) by phone calling our Customer Services telephone line on +44 (0)1273 041914. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

9.4 You will receive a full refund of the price you paid for the Programme(s). We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.3.

9.5 We refund you on the credit card or debit card used by you to pay.

9.6 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.

9.7 As a consumer, you will always have legal rights in relation to Programmes that are not of a reasonable standard, provided without reasonable skill and care, or not as described. These legal rights are not affected by this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

10. TIME FOR PERFORMANCE

Your order will be fulfilled by the provision of the Programme(s) in the period set out in the Order Confirmation, unless there is an Event Outside Our Control, in which event, we will contact you with a revised period for the provision of the Programme(s).

11. PRICE OF PROGRAMMES

11.1 The prices of the Programmes will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Programmes are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Programme(s) you ordered, please see clause 11.4 for what happens in this event.

11.2 Prices for our Programmes may change from time to time, but changes will not affect any order which we have confirmed with a Order Confirmation.

11.3 The price of a Programme includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Programme(s) in full before the change in VAT takes effect.

11.4 It is always possible that, despite our reasonable efforts, some of the Programmes on our site may be incorrectly priced. If we discover an error in the price of the Programmes you have ordered we will inform you of this error and we will give you the option of continuing to purchase the Programme at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Programmes to you at the incorrect (lower) price.

12. HOW TO PAY

12.1 You can only pay for Programmes using a debit card or credit card. We accept the following cards: Visa Debit and Credit, MasterCard Debit and Credit, Maestro, Visa Electron, JCB, Laser and ELV.

12.2 Payment for the Programmes is in advance.

13. OUR LIABILITY IF YOU ARE A BUSINESS

This clause 13 only applies if you are a business customer.

13.1 We only supply the Programmes for use by you (if a sole trader or partnership) or your employees, and you agree not to use the Programme for any re-sale purposes.

13.2 Nothing in these Terms limit or exclude our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

13.3 Subject to clause 13.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

13.4 Subject to clause 13.2 and clause 13.3 , our liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 500% of the price of the Programme.

13.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Programmes. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Programmes are suitable for your purposes.

14. OUR LIABILITY IF YOU ARE A CONSUMER

This clause 14 only applies if you are a consumer.

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

14.2 We only supply the Programmes for domestic and private use. You agree not to use the Programmes for any commercial, business or re-sale purposes, although you may buy the Programmes as a gift for a friend or family member and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence; or

(b) fraud or fraudulent misrepresentation.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our provision of a Programme to you, we will arrange a new period for the provision with you after the Event Outside Our Control is over.

16. OTHER IMPORTANT TERMS

16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

16.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.