Terms & Conditions

Introduction

By browsing and using our website, purchasing any of our goods, or attending any of our events, you agree to comply with and be bound by the following terms and conditions, which, together with our Data Privacy Policy, govern the relationship between you and the Exotic Fern Group.

This is version 1 of these Terms and Conditions. The Committee last reviewed and approved this policy on 8 December 2024.

The current version of these Terms and Conditions is available at https://exoticferngroup.org/terms.

The terms ‘Exotic Fern Group’, ‘EFG’, ‘the Group’, ‘us’, ’we’ or ‘our’ refers to the owner of this website, which is the Committee of the Exotic Fern Group, as defined by our Constitution. The Exotic Fern Group can be contacted via:

POSTAL MAIL: 

 Exotic Fern Group Committee
 18 Wadworth Holme
Middleton
Milton Keynes
MK10 9JR
United Kingdom

EMAIL:

 committee@exoticferngroup.org

The terms ‘you’ and ‘your’ refer to the user or viewer of our website or any other publication, the buyer of any goods we offer for sale, or the attendee at any event we promote or organise.

General terms

The content of the pages of our website and any of our publications is intended for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials published on our website for any specific 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.

Your use of any information or materials on our website is entirely at your own risk, for which we shall not be liable. You are responsible for ensuring that any products, services or information available through our website or our publications meet your specific requirements.

Our website and our publications contain material owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited except in accordance with the copyright notice, which forms part of these terms and conditions. Where any other person or entity holds copyright, this will be indicated. If you are aware of any copyright infringement by us, you must notify us immediately.

Our website and publications include links to third-party websites or content (‘external links’). We do not investigate, monitor, or verify the accuracy, adequacy, validity, reliability, availability, or completeness of these external links. Consequently, we do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information provided by third-party websites accessible through these external links.

These terms, along with any dispute or claim arising from or related to them, are governed by English law, and you hereby submit to the exclusive jurisdiction of the English courts. Each clause of these terms operates independently. If any court or relevant authority determines that any clause is unlawful or unenforceable, the remaining clauses will remain in full force and effect.

Our failure to enforce any of the terms herein at any time or for any period shall not be deemed a waiver of those terms or of our right to enforce all terms included at any subsequent time.

Conditions of sale

These terms shall apply to all contracts for the sale of goods by us to the exclusion of all other terms and conditions including any terms or conditions that you may seek to apply under any purchase order, order confirmation or similar document. Any variation to these terms (including any special terms and conditions agreed between you and us) shall be inapplicable unless we agree in writing.

All orders for goods shall be considered an offer by you to purchase goods pursuant to these terms.

Nothing in these terms shall affect your statutory rights as a consumer under English law.

When placing an order, you acknowledge that your personal information will be managed in accordance with our Data Privacy Policy, which may include your payment card number, expiration date, and card security code. All information and details you provide must be true, accurate, complete, and up to date. You must not use payment cards that belong to any other person.

Any description provided or assigned to the goods is for identification purposes only, and the use of such description does not constitute a sale by description. To clarify, you hereby affirm that you have not relied on any description when entering into the contract.

Unless otherwise agreed in writing, delivery of the goods shall occur at the address you specified in your order. You shall make all necessary arrangements to receive the goods when they are offered for delivery.

You are required to inspect goods upon delivery and will be deemed to have accepted them 14 days after delivery. Accordingly, no claims for defects, damages, or quality will be considered, without prejudice to our other rights under these terms, unless written notice, along with all supporting evidence, is received by us within 14 days of delivery. After acceptance, you will not be entitled to reject goods that do not comply with the contract.

If the goods are found to be defective, we will replace them free of charge within the manufacturer’s warranty period, provided this is acceptable from the date of delivery and is subject to the following conditions: you must notify us in writing immediately after the defect becomes apparent, and the defect must be due to faulty design, materials, or workmanship. You shall have no other remedy against us beyond the manufacturer’s warranty.

If any goods include intellectual property owned by a third party, all rights and liabilities associated with their use or reproduction will be transferred to you. You will indemnify us against all liabilities for any infringement of third party intellectual property rights you may cause involving the goods.

We shall not be liable for any delay or failure to perform our obligations if such delay or failure results from events or circumstances beyond our reasonable control, including, but not limited to, acts of God, strikes, lockouts, accidents, war, fire, breakdowns of plant or machinery, or shortages or unavailability of goods from our suppliers. You shall be entitled to a reasonable extension of your obligations. If the delay persists for what we consider an unreasonable length of time, we may, without liability on our part, terminate the contract or any part thereof.

Nothing in these terms shall be interpreted as establishing or implying any partnership or joint venture between the parties, nor shall anything in these terms be considered to represent either party as the agent of the other.

Beyond your consumer rights, all other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the goods, whether express or implied by statute, common law, or otherwise, are hereby excluded from the contract to the fullest extent permitted by law. To avoid any doubt, we will not accept any claim for consequential or financial loss of any kind, however caused. If any court or arbitrator determines that any part of this clause is, for any reason, unenforceable, we shall be liable for all loss or damage suffered by you in an amount not exceeding the price paid for the goods.

Nothing in these terms shall be construed to limit or exclude our liability for death or personal injury resulting from our negligence.

These terms and any documents that incorporate them, or are incorporated by them, constitute the entire agreement and understanding between the parties.

Event terms and conditions

These terms apply to all events organised or promoted by the Group unless stated otherwise, regardless of whether the event is ticketed and irrespective of any ticket fee.

By attending any event, you agree to accept and be bound by these terms. Additionally, you agree to comply with any terms communicated to you at the event itself.

Tickets for any event are meant exclusively for your use. They must not be resold, acquired with the intention to resell, or utilised for any other commercial purpose.

You may be denied entry to or removed from an event without a refund or compensation if you breach these terms or our Code of Conduct.

At any event, you must comply with the written or oral instructions of the event organisers.

Except for guide and assistance dogs, dogs and other animals may only attend an event with the express written permission of the event organisers. By bringing an animal to an event, you affirm that the animal is in good health and has not harmed or exhibited aggressive or threatening behaviour towards any person or other animal. We reserve the right, at our sole discretion, to refuse admission to or eject from an event any animal that is or appears to be aggressive, threatening, dangerous, disruptive, or if we believe that your animal may cause harm to any person, property, or other animal. You will be liable for and indemnify us against all claims, costs, losses, damages, and liabilities caused by your animal or arising from a breach of or failure to comply with these terms.

The following items are prohibited within any event: any objects or clothing bearing political or offensive statements or commercial identification intended for ambush marketing, large flags, banners, rattles, fireworks and other explosive devices, flares, pyrotechnics, air horns, musical instruments, klaxons, smoke canisters, intoxicating liquors, laser pointers, cooking devices, bicycles, skates, articles which could or might be used as a weapon (including firearms and any sharp or pointed objects such as knives) and any other item which in our reasonable opinion could be used as a weapon or cause nuisance or harm to others. If you are found with any such item, this item will be confiscated by the event organisers and you may be refused attendance. The item will be disposed of without compensation unless you return the item to a safe place.

You must not engage in any marketing, charitable collections, promotions, or commercial activities unless we authorise you in writing before the event.

We are not liable for any loss you incur related to event attendance or tickets purchased in violation of these terms.

You acknowledge that we cannot guarantee the availability of any event to which a ticket relates, due to events or circumstances beyond our reasonable control.

We reserve the right, acting reasonably, to cancel, reschedule, or close any event at any time. This may occur due to adverse weather conditions, security concerns, government regulations, or any other reasonable cause as determined by us. Such actions shall not constitute a breach of these terms. If an event is cancelled, where feasible, you will be refunded the face value of your ticket at our discretion. Our liability for the cancellation, rescheduling, or closing of an event (in whole or in part) shall be limited to the face value of your ticket. We shall have no further liability to you regarding any other losses, costs, or expenses, including, without limitation, the costs of any travel, accommodation, or other arrangements made by you in connection with an event.

At our events, anyone under 18 or any adult at risk of harm must be supervised at all times by a parent, legal guardian or appointed person.

Any personal information you provide while attending an event will be managed in accordance with our Data Privacy Policy.

You may be photographed, recorded on video, or captured in audio at our events, which may subsequently be broadcast and used in promotional materials, on our website, social media platforms, and other publications. You give your express consent to this use of your actual or simulated likeness and voice without compensation or credit, worldwide. If you do not wish for this to occur, please contact us before attending the event.

Any photography, recording, or filming at an event by you, and your use of cameras, phones, video, or other recording or transmission equipment, shall be strictly for personal use and not for any commercial purposes.

The Exotic Fern Group shall not be liable for any loss, theft, or damage to any individual attending an event, nor for any of your personal belongings, property, or vehicles and their contents in any car park, regardless of the cause, except for death or personal injury resulting from our negligence or other breach of statutory duty, or any liability that cannot legally be excluded or limited. You attend our events at your own risk.

Content

If you create text, provide images or any other media for our website or any other publication or platform (referred to as ‘content’), you must ensure:

You have the right to use any such content in this manner, and such use does not violate the privacy of any living individual or infringe on another person’s or company’s intellectual property rights.
Any content will be considered non-confidential and non-proprietary. To the fullest extent permitted by applicable law, we will have no obligations to you or any third party regarding the content.
The content does not contain or install any viruses, worms, malware, or Trojan horses and is not malicious, harmful, or destructive in any other way.
The content is relevant, not libellous or defamatory, inaccurate, or misleading, and is suitable for all age groups. It does not contain unethical or unwanted commercial content, nor does it misrepresent the source of the content.

You are entirely responsible for your content, and we suggest that you keep a backup copy of it at all times.

We might also use the content for other purposes not subject to known legal restrictions, such as training machine learning models and scientific research.

We reserve the right to block or remove your content for any reason at any time, or as required by applicable laws and regulations.

If you request the removal of any content over which you hold rights, we will make reasonable efforts to remove it from our platforms and publications. However, you acknowledge that this may not happen immediately, and it might not be practicable to achieve this removal for hardcopy materials that are already printed or in circulation.

Complaints

If you have any reasons for a complaint, we will endeavour to resolve it and prevent any recurrence in the future. Please contact us within 14 days of any issues to help us resolve the matter.

Maintaining our Terms and Conditions

We reserve the right to change these terms from time to time. If we make changes to these terms, we will publish the revised terms on our website and update the version and date information at the top of these terms. If you disagree with the updated terms, you should promptly contact us. Should any change we make to these terms materially affect your order, event attendance, or your rights and obligations hereunder, you shall be entitled to a refund, provided that you notify us within 30 days of our updated terms.