Your attention is particularly drawn to the provisions of clause 14 (Limitation of liability).
1.1 Company details. BLUE CABIN CIO (registered charity number 1195152) (“we” and “us”) is a charitable incorporated organisation registered in England and Wales and our office is at 13 Brighton Gardens, Gateshead NE8 4SN. Our VAT number is 322195915. We operate the website https://creativelifestorywork.com.
1.2 Contacting us. To contact us you may email us at creativelifestorywork@wearebluecabin.com. How to give us formal notice of any matter under the Contract is set out in clause 2.
2.1 Our contract. These terms and conditions (“Terms“) apply to the order by you and supply of Services by us to you (“Contract”). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print off a copy of these Terms or save them to your computer for future reference.
3.1 Website. We provide our site (https://creativelifestorywork.com), the Services and the deliverables in them to further our charitable purposes. By using our site, you confirm that you will only use our site, the Services and such deliverables in a way which furthers our charitable purposes.
3.2 Website Use. By using our site, you confirm that you accept these Terms and that you agree to comply with them.
3.3 Agreement. If you do not agree to these Terms, you must not use our site.
3.4 Other Terms. These Terms refer to the following additional terms, which also apply to your use of our site:
(a) Our Privacy Policy. See further under clause 13 (How we may use your personal information) below; and
(b) Our Cookie Policy.
3.5 Change of Website terms. We amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the terms and conditions that apply at that time.
3.6 Change of Website. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
3.7 Availability. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.8 Account details.
(a) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
(b) We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
(c) If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at creativelifestorywork@wearebluecabin.com.
3.9 No reliance. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
3.10 External websites. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
3.11 Use of site material.
(a) We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
(b) Subject to paragraph (c) below, you may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
(c) You may not distribute or share any video content available from our site to any other person, party or organisation.
(d) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
(e) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
(f) You must not use any part of the content on our site for commercial purposes.
(g) If you print off, copy, download, share or repost any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.12 User-generated content. Our site may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
3.13 No text or data mining, or web scraping. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. The provisions in this clause should be treated as an express reservation of our rights in this regard. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
3.14 Viruses. We do not guarantee that our site will be secure or free from bugs or viruses.
(a) You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
(b) You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3.15 Rules about linking to our site.
(a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
(b) You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
(c) You must not establish a link to our site in any website that is not owned by you.
(d) Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
(e) We reserve the right to withdraw linking permission without notice.
4.1 Placing your membership order. Please follow the onscreen prompts to place your membership order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services (either an individual membership or organisational membership and detailed further in clause 7) specified in the order (“Services“) subject to these Terms.
4.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
4.3 Acknowledging receipt of your membership order. After you place your order, you will receive an email from us acknowledging that we have received it, but 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 4.
4.4 Accepting your membership order. Our acceptance of your order takes place when we send an email to you to accept it (“Membership Confirmation“), at which point and on which date (“Commencement Date“) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Membership Confirmation.
4.5 If we cannot accept your membership order. If we are unable to supply you with the Services for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount.
5.1 You may cancel the Contract and receive a refund if you notify us as set out in clause 2 within 14 days of your receipt of the Membership Confirmation. You cannot cancel the Contract once we have completed the Services, even if the 14-day period is still running.
5.2 To cancel the Contract, you must email us at creativelifestorywork@wearebluecabin.com. Please include details of your order to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on the last day of the cancellation period.
5.3 If you cancel the Contract, we will refund you in full for the price you paid for the Services, by the method you used for payment. We may deduct from any refund an amount for the supply of the Services provided for the period up to the time when you gave notice of cancellation in accordance with clause 2. The amount we deduct will reflect the amount that has been supplied as a proportion of the entirety of the Contract.
6.1 Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
6.2 Compliance with specification. Subject to our right to amend the specification (see clause 3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
6.3 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
6.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
6.5 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Membership Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
7.1 The options available for the Services are listed on our website and include the option for individual membership or organisational membership, each for a period of 12 months (unless otherwise stated on the website.
7.2 Any memberships made available to individuals as part of an organisational membership shall be terminated (i) upon us being notified by the relevant organisation that the individual holding that membership has ceased to be employed by that organisation or (ii) upon the relevant organisation ceases to purchase the Services or to renew the membership in question.
7.3 When signing up for the Services a user account will be created (the “User Account“). User Accounts user accounts are not subject to an expiry date and will remain registered until the account is (i) closed either by yourself, your organisation or by us or (ii) you, or your organisation, do not renew your membership at the end of the relevant 12-month membership period.
7.4 A User Account if assigned to a single membership account for use by one individual user. User Accounts belong to and are used by that individual, and thus access to the Services through this User Account cannot be shared by more than one individual. The user, who placed the membership order for this account (or on whose behalf the order for the account was placed, in the case of any organisational membership), will be identified as the owner of the User Account. Ownership of a User Account is not transferable.
7.5 Where an organisation has placed an order for multiple User Accounts all such User Accounts shall be tied to that organisation. Where an organisation does not choose to renew their order for the Services at the applicable renewal dates, all of the User Accounts tied to that organisation shall cease to be able to access the Services and shall be terminated.
7.6 The users of each User Account are responsible for:
(a) providing true, accurate, current, and complete information about the User Account as prompted by the registration form(s) (“Account Data“);
(b) maintaining and promptly updating the Account Data to keep it true, accurate, current, and complete;
(c) immediately notifying us of any unauthorised access to the User Account or any other breach of security; and
(d) defending, indemnifying, and holding us harmless from any loss or damage arising from unauthorised use of your Account Data.
7.7 The membership period associated with each User Account will be detailed in the Services but this is normally 12 months uninterrupted, unless otherwise stated.
7.8 The membership period begins on the day the payment has been received and approved by us. An automated email notification will be sent to the contact stated on the order documents, confirming the start of the membership period. We shall be under no obligation to provide the Services until payment of the Charges has been received and approved by us.
7.9 At the end of a membership period, the User Account will show as expired and access to the Services will be paused. Membership does not renew automatically. Any user attached to a User Account can renew the membership for this account up to 30 days before the expiry date and any time after the account shows as expired.
8.1 It is your responsibility to ensure that:
(a) the terms of your order are complete and accurate;
(b) you cooperate with us in all matters relating to the Services;
(c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
(d) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(e) you comply with all applicable laws, including health and safety laws;
(f) you keep all of our materials, equipment, documents and other property (“Our Materials“) at your premises in safe custody at your own risk, maintain Our Materials in good condition until returned to us, and not dispose of or use Our Materials other than in accordance with our written instructions or authorisation; and
(g) you shall not use or facilitate the use of either Tier 2 or Tier 3 of the Rose model of Therapeutic Life Story Work unless you are a trained Therapeutic Life Story Worker and have all required certifications, licences and experience.
8.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (“Your Default”):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 16 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
9.1 In consideration of us providing the Services you must pay our charges (“Charges“) in accordance with this clause 9.
9.2 The Charges are the prices quoted on our site at the time you submit your order.
9.3 If you wish to change the scope of the Services after we accept your order, and we agree to such change, we will modify the Charges accordingly.
9.4 We take all reasonable care to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 7 for what happens if we discover an error in the price of the Services you ordered.
9.5 Our Charges may change from time to time, but changes will not affect any order you have already placed.
9.6 Our Charges are inclusive of any VAT (if applicable). Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.
9.7 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our site, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services 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. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
10.1 Payment for the Services is in advance. We will take your payment upon acceptance of your order. If:
(a) you are an individual user then payment will be taken upon acceptance of your order; or
(b) if you are an individual who has been given access by an organisation that has purchased a bulk membership, then payment will have been taken from your organisation upon acceptance of their order.
10.2 You can pay for the Services using a debit card or credit card. We accept the following cards (subject to any change that may be required from time to time):
10.3 We will send you an electronic receipt within five days of payment.
10.4 We and you shall each pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.1 If a problem arises or you are dissatisfied with the Services, our complaints policy is below.
11.2 If you’re not happy, we’re not happy: We aim to give the very best service all of the time, but we know that sometimes things do go wrong. If you’re unhappy about something, we want to know so we can put it right as quickly as possible. Your feedback really does help us improve our future service. This clause explains how we’ll deal with your complaint if you’re ever unhappy with the service we provide.
11.3 First steps: You should first let us know that you’re unhappy and want to make a complaint. You can do this by either emailing us or by filling in the complaint form on our website.
(a) Email: creativelifestorywork@wearebluecabin.com.
(i) Please title the subject of your email: COMPLAINT.
(b) Web: You can fill in the complaint form on the website.
11.4 What will you do once I’ve told you about my complaint? We’ll look into your complaint, keep you updated and let you know the outcome of our investigation.
11.5 How long will you take to answer my complaint? We’ll resolve your complaint as soon as we can. If there’s likely to be a delay, we’ll let you know why. We aim to resolve your complaint in full within 14 days.
11.6 What if I don’t agree with your decision or resolution? Please let us know. We’ll talk this over with you and explain the reasons for our decision.
12.1 All intellectual property rights in or arising out of or in connection with the Service will be owned by us.
12.2 We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to copy the deliverables specified in your order (excluding materials provided you) for the purpose of receiving and using the Services and such deliverables in accordance with these Terms. You may not sub-license, assign or otherwise transfer the rights granted in this clause 2.
12.3 You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the term of the Contract for the purpose of providing the Services to you.
13.1 We will use any personal information you provide to us to:
(a) provide the Services (which may include storing that information with our preferred storage provider (SiteGround) and uploading that information to our communications partner (Intuit Mailchimp));
(b) process your payment for the Services; and
(c) inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
13.2 We will process your personal information in accordance with our privacy policy (available at this link), the terms of which are incorporated into this Contract.
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
14.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
14.2 Subject to clause 14.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
14.3 Subject to clause 1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the amount of the Charges paid by you during the preceding 12 month period.
14.4 We have given commitments as to compliance of the Services with the relevant specification in clause 2. In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
14.5 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
14.6 This clause 14 will survive termination of the Contract.
15.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
15.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 15; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
15.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
16.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a breach of any term of the Contract;
(b) you, or your organisation, fail to pay any amount due under the Contract on the due date for payment;
(c) we are informed that you have ceased to be an employee or member of staff of the organisation which has paid for your membership;
(d) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(e) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(f) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
16.2 Consequences of termination
(a) On termination of the Contract you must return all of Our Materials and any deliverables specified in your order which have not been fully paid for. If you fail to do so, then we may enter your premises and take possession of them. Until they have been returned, you will be solely responsible for their safe keeping and must not use them for any purpose unconnected with the Contract.
(b) Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
16.3 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control“).
17.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
17.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
18.1 When we refer to “in writing” in these Terms, this includes email.
18.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00am on the second working day after posting; or
(c) if sent by email, at 9.00am the next working day after transmission.
18.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
19.1 Assignment and transfer
(a) We may assign or transfer our rights and obligations under the Contract to another entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
19.2 Variation. Subject to clauses 3.5, 3.6 and 6.3, any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, 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 or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
19.6 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
We are grateful to have received core funding from Esmée Fairbairn Foundation, Segelman Trust and Community Foundation.
