Terms and Conditions

Thank you for visiting www.englishpen.org

  1. Introduction
    By using or accessing www.englishpen.org (the “Website”), you agree to be legally bound by these terms and conditions. If you do not wish to be bound by these terms and conditions, please do not use this Website.
  2. Information about us
    This Website is operated by English PEN, a company limited by guarantee registered in England and Wales (registered company no: 05747142) and a registered charity (registered charity no: 1125610). Its registered office address is: Free Word Centre, 60 Farringdon Road, London EC1R 3GA.
  3. Website use
    1. We may at any time and without prior notice to you replace or amend these terms and conditions. Your continued use of this Website after amendments are made means you accept the terms and conditions as updated. Therefore, please visit this page regularly to review these terms and conditions.
    2. You may not alter the Website in any way or do anything that might or will damage or disrupt the good working order of the Website.
  4. Accuracy
    Whilst we aim to provide you with accurate information on this Website, we are unable to guarantee that the information and content contained in the Website is accurate, verified or complete. We accept no liability if you or any person or organisation relies on or uses the information and/or content.
  5. Use of Website from outside the UKWhilst we welcome all visitors to this Website, we cannot guarantee that the Website is appropriate or available for use in any territory. Those who visit the Website from outside the UK are responsible for complying with all applicable laws. If use of the Website breaches any law in your jurisdiction(s), you may not use the Website and you must exit immediately.
  6. Intellectual property and use of content
    1. The content of the Website is owned by us or third parties.
    2. No content from the Website may be copied, used or reproduced without our prior written consent, except:
      1. subject to clause 6.3, where extracts from the Website are downloaded or printed for personal and non-commercial use; or
      2. subject to clause 6.3, where text from the Website is reproduced for the purpose of reporting in news publications provided that: (a) the text is reproduced accurately and fairly and not in a manner that could confuse or mislead others and (b) this Website is acknowledged as the source of the information.
    3. Please note that in no circumstances may you use graphics, trade marks, logos, designs, images or photographs from the Website, except with our prior written consent.
    4. Please send your written requests to use content from the Website to enquiries@englishpen.org.
  7. Uploading content to our Website
    1. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our House Rules (see below).
    2. Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us and other users of the Website a non-exclusive licence to use, store and copy that content and to distribute and make it available to third parties.
    3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
    4. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
    5. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our House Rules.
    6. The views expressed by other users on our Website do not represent our views or values.
  8. Linked sites
    We make no representations about any other websites. When you access any other website through the Website you understand that it is independent from us and that we have no control over that website and can accept no responsibility in relation to its content or the way you interact with it.
  9. Linking to the Website
    You may link to any part of this Website provided you ensure that by doing so you breach no law or rights of others, and that the linking to this Website does not suggest any association, patronage, approval or endorsement, except with our prior written consent.
  10. Your Account and Password
    1. 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.
    2. 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 and conditions.
    3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@englishpen.org.
  11. Restricted access
    1. Access to parts of the Website is restricted to authorised persons. If you believe you have been granted access to any document or file by mistake, please leave the restricted section immediately and contact us by email at enquiries@englishpen.org as soon as possible.
    2. If you access the Website from a shared PC, during your access to the Website you will be responsible for all instructions received by us between the time you pass the security procedure until you exit the Website. This includes any input errors or instructions sent by someone other than you whilst you are still logged onto the Website.

Clauses 12 to 14 apply, in addition to the other terms and conditions, if you are making payment online through the Website.

  1. Payment and creation of contract
    1. We offer a number of services for purchase via the Website—for instance our membership subscription, events and certain membership services which are also available for purchase by non-members.
    2. All payments made by you through the Website are subject to the terms and conditions in clauses 12 to 14 inclusive.
    3. We must receive payment of the whole price for the subscription, services or materials (together or individually “Services”) you wish to receive before your order can be accepted.
    4. You may place an order to purchase the Services on the Website by following the onscreen prompts after clicking on the Service in which you are interested. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Finish, Send or Confirm” button on the last page.
    5. Once we receive your payment we will confirm our acceptance of your order by sending an email to the email address you provide in your order form (“Acceptance Notice”). Our email to you shall include our address and the details and price currently available for the Services in question. If these details and/or price differ from those shown on the Website at the time you submitted your order and you wish to cancel your order and payment you may do so in accordance with clause 14 below.
    6. If the details and price in our Acceptance Notice correspond to those shown on the Website at the time at which you submitted your order, then a legally binding contract between us (“Contract”) will arise upon your receipt of the Acceptance Notice.
    7. If the details and price in our Acceptance Notice do not correspond to those shown on the Website at the time at which you submitted your order you must tell us if you do not wish to proceed with your order. A Contract will arise between us if we have not received any notice to cancel your order within 14 calendar days of our Acceptance Notice, in accordance with clause 14 below.
    8. You agree that in so far as the Services ordered comprise events and training we will commence performance upon the training/event cut-off date (“Commencement Date”) and the Commencement Date in respect of membership subscriptions is the date of our Acceptance Notice.
  2. Price
    The price payable for the Services that you order is as set out on the Website and the same may be amended by us at any time.
  3. Your right of cancellation
    1. Subject to clause 14.4 below, you may cancel your order at the latest of:
      1. any time before the relevant Commencement Date (as defined in clause 12.8);
      2. 14 calendar days after your receipt of the Acceptance Notice in accordance with clauses 12.5 and 12.6; or
      3. 14 calendar days after a legally binding Contract is made between us

      but you may never cancel and order after the relevant Commencement Date. (Please see clause 14.4 for further details).

      If you wish to exercise your right to cancel please inform us in writing of your intention to cancel within this time frame (email to enquiries@englishpen.org is acceptable, please include “Right to Cancel” in the subject line).

    2. Subject to clause 12.3, once we have been notified by you in accordance with clause 14.1, you will be reimbursed the payment received from you for the order in question as soon as possible in the same manner in which we received the payment and in any event within 14 calendar days of your order being cancelled provided that, where any materials have been received by you in accordance with the relevant order, you have returned them and they have been received by us in the same condition as when they were provided to you.
    3. However, if you cancel your order for Services under clause 12.1 and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the Services, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these terms and conditions (except where we have been affected by an event outside our control), you do not have to make any payment to us.
    4. You may not cancel your order after the relevant Commencement Date. This means that you will have fewer than 14 calendar days to cancel the order in circumstances in which you make your order within 14 calendar days of the training/event cut-off date.
  4. Availability of events you order
    We reserve the right to cancel any of the events, and any payments made by you will be refunded to your account. We will notify you of such cancellation and refund by email as soon as reasonably possible. The refund to your account will take place as soon as possible and in any event within 30 days of the date of cancellation of the training or event.
  5. Liability
    1. We cannot guarantee that the Website will be uninterrupted or error free, or that the Website or your use of it will be free of viruses or harmful material. You are responsible for ensuring that your computer and computer system is suitable to use, and compatible with, the Website.
    2. It is your responsibility to ensure that your computer system (including, but not limited to, your hardware, software and data) is not damaged by your use of the Website.
    3. In circumstances where you suffer loss or damage arising out of or in connection with the use of the Website, we accept no liability.
    4. The limitations and exclusions above only apply to the extent permitted by law.
  6. English law and jurisdiction
    These terms and conditions and your use of the Website are governed by English law and you submit to the exclusive jurisdiction of the English courts.
  7. Contacting us
    1. Please contact us at: enquiries@englishpen.org if you have any questions or concerns about this Website.
    2. If you contact us or we contact you in relation to the Website, we will do so in accordance with our Privacy Policy (accessible through footer on the Website).
  8. House Rules
    If you upload any content to the Website (“User Content”), you agree to comply with the following terms of use at all times:

    1. You must not post or upload any User Content or use the Website in a way that breaches any law.
    2. You must not post or upload any personal information about other individuals, including any photographs or video footage of them, without their full consent for such personal information being posted/uploaded to the Website and used by English PEN in accordance with these terms and conditions (and the Privacy Policy).
    3. You must not post or upload any User Content or use the Website in a way that is offensive, threatening, defamatory, vulgar, obscene, harassing, false, misleading or unreliable, or that brings or is likely to bring the Website or English PEN into disrepute.
    4. You agree to not contribute User Content that will infringe another organisation’s or person’s rights (including intellectual property rights and rights of privacy). You agree that you have all the necessary rights and permissions to contribute the User Content you submit to the Website.
    5. English PENmay moderate and review any User Content that is submitted to be posted or is automatically posted/uploaded to the Website. However, English PEN accepts no responsibility for any User Content and reserves the right to remove/edit any User Content at any time.
    6. You are wholly responsible for all User Content posted by you on the Website (including but not limited to emails sent by you in connection to the Website).
    7. Please let us know immediately by contacting us at enquiries@englishpen.orgif any of these rules are broken by you or other users.
    8. If you have any other concerns about material posted to the Website please contact enquiries@englishpen.org immediately.
    9. Using your access to the Website to send unsolicited bulk email or spam is forbidden.
    10. We reserve the right to suspend or terminate your access to the Website immediately at any time.
    11. We reserve the right to remove or edit, or require you to edit, User Content posted to the Website at any time.
    12. Any User Content you post to the Website may be used by English PEN for any purpose subject to our Privacy Policy.
    13. You will indemnify English PEN against all losses, damages, proceedings, actions, legal costs (including but not limited to legal costs and disbursements on a solicitor and client basis) expenses and any other losses or liabilities arising from your posting of User Content to or use of the Website or your breach of these Terms and Conditions.
    14. If your access to the Website is terminated or suspended for any reason, you must not access the Website without our prior written consent.

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