General T&Cs and Privacy Policy

Protecting your personal details on our website.

Last updated: 30^th January 2017.

Earthbound Expeditions Limited (Registered number 7854223), whose registered office is at 11 Stapenhill Road, Wembley – HA0 3JF, knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes our privacy policy and forms part of our website terms and conditions (“Website Terms”).

By accepting our Website Terms or by visiting www.earthboundexpeditions.co.uk (“the Website”) you are accepting and consenting to the practices described in this Privacy Policy.

The Website is brought to you by Earthbound Expeditions Limited. Earthbound Expeditions Limited believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.

When we first obtain Personal Data from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.

Some of the Personal Data we hold about you may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.

COLLECTING INFORMATION

We may collect Personal Data about you from a number of sources, including the following: From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.

From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.

From documents that are available to the public, such as the electoral register.

USING YOUR PERSONAL INFORMATION

Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:

To help us to identify you when you contact us.

To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).

To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.

To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.

To help to prevent and detect fraud or loss.

To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.

To keep you up to date with our member benefit scheme under which, as part of your membership benefits, we will give you membership information and details of discounts and offers we negotiate from time to time on behalf of our members. If you do not wish to receive this benefit, please write to our Data Protection Manager at the address given in clause 7 below.

We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.

We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.

We will not disclose your Personal Data to any third party except in accordance with this Privacy Policy.

We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:

If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.

If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.

We employ companies and individuals to perform functions on our behalf and we may disclose your Personal Data to these parties for the purposes set out in clause 2.1 or, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit and debit card payments and providing customer service. Those parties are bound by strict contractual provisions with us and only have access to Personal Data needed to perform their functions, and may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Policy and as permitted by the Data Protection Act 1998.  From time to time, these other people and organisations to whom we may pass your Personal Data may be outside the European Economic Area.  We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Act 1998.

Where you give us Personal Data on behalf of someone else, you confirm that you have provided them with the information set out in this Privacy Policy and that they have not objected to such use of their Personal Data.

In connection with any transaction which we enter into with you:

We, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.

If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.

If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Manager at Earthbound Expeditions Limited, 11 Stapenhill Road, Wembley – HA0 3JF.

Protecting Information.

We have strict security measures to protect Personal Data.

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

The Internet

If you communicate with us using the Internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send s an email (at the address set out below) at any time if you change your mind.

Please remember that communications over the Internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.

We may use ‘cookies’ to monitor how people use our site. This helps us to understand how our customers and potential customers use our website so we can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer’s hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.

If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you may not be able to use some of the products or services on our website without cookies.

Turning Off Cookies in Different Browsers

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.

Links

The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.

These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on the Website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection.

We exclude all liability for loss that you may incur when using these third party websites.

Further Information

If you would like any more information or you have any comments about our Privacy Policy, please either write to us at Data Protection Manager, Earthbound Expeditions Limited, 11 Stapenhill Road, Wembley – HA0 3JF, or email us at info@earthboundexpeditions.co.uk.

We may amend this Privacy Policy from time to time without notice to you, in which case, we will publish the amended version on the Website. You confirm that we shall not be liable to you or any third party for any change to this Privacy Policy from time to time.  It is your responsibility to check regularly to determine whether this Privacy Policy has changed.

You can ask us for a copy of this Privacy Policy and of any amended Privacy Policy by writing to the above address or by emailing us at info@earthboundexpeditions.co.uk. This Privacy Policy applies to Personal Data we hold about individuals. It does not apply to information we hold about companies and other organisations.

If you would like access to the Personal Data that we hold about you, you can do this by emailing us at info@earthboundexpeditions.co.uk or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.

We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at info@earthboundexpeditions.co.uk or write to us at the address above to update your Personal Data.

INTRODUCTION

This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the services (the ‘Services’) listed on this website (the ‘Website’) to you.

Before confirming your order please:

Read through these terms and conditions (the ‘Conditions’) and in particular our cancellations and returns policy at clause 11 and limitation of our liability and your indemnity at clause 15

Print a copy for future reference.

Read our privacy policy regarding your personal information.

By ordering any of the Services listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.

We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.

ABOUT US

This Website is owned and operated by Earthbound Expeditions Limited (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 7854223 having our registered office at 11 Stapenhill Road, Wembley – HA0 3JF.

COMMUNICATIONS

You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

We will contact you by email or provide you with information by posting notices on our Website.

OVERSEAS ORDERS

Our Website is only intended for use by customers resident in England, Wales, Scotland and Northern Ireland (the United Kingdom).

We may accept your order if you are resident in the European Economic Area (EEA), subject to reserving a right to amend the specifications or standards of the Services offered on the Website and/or these Conditions or to refuse to accept an order for our Services from you, if it will put an excessive strain on our business or if we have an objective reason for doing so. If we accept your order, you will be liable to pay for all and any additional costs that we incur in order to facilitate your order. You will have an opportunity to cancel your order in case the additional costs are not acceptable.

If we agree to supply any Services ordered from the Website for delivery outside the United Kingdom they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Services are destined. We will not be liable for any breach by you of any such laws.

REGISTRATION

When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

By registering on the Website, you undertake:

That all the details you provide to us for the purpose of registering on the Website and purchasing the Services are true, accurate, current and complete in all respects.

To notify us immediately of any changes to the information provided on registration or to your personal information.

That you are over 18 or if under 18 you have a parent or guardian’s permission to register with and purchase the Services from this Website in conjunction with and under their supervision.

To only use the Website using your own username and password.

To make every effort to keep your password safe.

Not to disclose your password to anyone.

To change your password immediately upon discovering that it has been compromised.

To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them.

You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

we reserve the right to terminate an agreement formed with you pursuant to clause9 below and to suspend or terminate your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due

You breach these Conditions (repeatedly or otherwise)

You are impersonating any other person or entity

When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

ELIGIBILITY TO PURCHASE FROM THE WEBSITE

To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

Be 18 years of age or over

Be legally capable of entering into a binding contract

Provide full details of an address in the United Kingdom or the European Economic Area (if you reside in the EEA) for the performance or delivery of the Services

If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

PRICE

The prices of the Services are quoted on the Website.

Prices quoted are for performance of the Services in the United Kingdom unless otherwise specified.

Unless otherwise stated, the prices quoted exclude VAT (we are not VAT registered).

We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Services to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before we have commenced providing the Services.

PAYMENT

Payment can be made by any major prepay, credit or debit card or through an electronic payment account as explained on the order form.

By placing an order, you consent to payment being charged to your prepay/debit/credit card account or electronic payment account as provided on the order form.

Payment will be debited and cleared from your account before the provision of the Service to you.

When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies.

By accepting these Conditions you:

Undertake that all the details you provide to us for the purpose of purchasing the Services are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Services ordered

Undertake that any and all Services ordered by you are for your own private or domestic use only and not for resale

Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention

We shall contact you should any problems occur with the authorisation of your card.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.

ORDER PROCESS AND FORMATION OF A CONTRACT

All orders are subject to acceptance and availability. If any Services ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.

Any order placed by you constitutes an offer to purchase the Services from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.

You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.

You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Services ordered by you from the Website.

A contract between you and us (the ‘Contract’) incorporating these Conditions will only subsist after we have debited your payment card and have confirmed that we shall be providing the requested Service or made it available to be downloaded. We will send you an email to confirm this (a ‘Confirmation Notice’). The Confirmation Notice will amount to an acceptance of your offer to buy the Services from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).

Where we agree to supply Services to you permanently or on an ongoing (continuous) basis, such as by subscription, they shall be provided for a minimum fixed period of time (the ‘Minimum Duration’). The length of the Minimum Duration will depend on which package or product you have selected to purchase and is provided on the Website.

The Contract will relate only to the Services stated in the Confirmation Notice. We will not be obliged to supply any other Services which may have been part of your order until we have sent you a separate Confirmation Notice relating to it.

You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.

You will be subject to the version of our policies and Conditions in force at the time that you order the Services from us, unless:

Any change to those policies or these Conditions is required to be made by law or governmental authority

We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice

In some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

DELIVERY

The Services will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders. We may where appropriate and at our option, deliver all or part of the Services, to the email address you supplied on registration or such other email address that we agree to use to communicate with you.

Any dates quoted for completing performance of the Service are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.

We shall not be liable for any delay in completing performance of the Service, however caused.

The Services may be sent to you in instalments.

CANCELLING YOUR CONTRACT AND RETURNS

Cancelling before receiving a Confirmation Notice.

You may cancel your order for the Services at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

Cancellation after receiving a Confirmation Notice

You are entitled to cancel your Contract and obtain a refund within 30 working days from the date of the Confirmation Notice. This also applies, where appropriate and subject to clause 4, to items that are available to be downloaded. However, you will no longer have a right to cancel if, with your agreement, we have already commenced providing the Services to you before this period of time expires. We shall be deemed to have already commenced providing the Services, in circumstances where you have already downloaded products or materials that we made available to you, from the Website.

You may notify us of your wish to cancel by sending us a cancellation notice to info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

Upon receiving your cancellation notice, we will contact you providing any necessary instructions which you will be required to follow.

So long as you have complied with your obligations under this clause, we will refund the purchase price to you by crediting the payment card you used to purchase the Services.

Cancelling ongoing Services

Some of the Services that we provide are available for either a fixed period or unspecified period of time (such as few of our trekking and tour destinations.). In this clause these Services are referred to respectively as ‘Ongoing Fixed Term Services’ and ‘Ongoing Non-Fixed Term Services’.

You are entitled to cancel your Contract for any Recurrent Fixed Term Services and Recurrent Non-Fixed Term Services that you have purchased and obtain a refund within 30 working days from the date of the Confirmation Notice. This also applies, where appropriate, and subject to clause 4, to items that are available to be downloaded.

You will no longer have a right to cancel any Ongoing Fixed Term Services if, with your agreement, we have already commenced providing this service to you within 30 working days from the date of the Confirmation Notice. We shall be deemed to have already commenced providing the Ongoing Fixed Term Services, in circumstances where you have already downloaded products or materials that we made available to you from the Website.

In these circumstances you cannot cancel the Contract for any Ongoing Fixed Term Services until the end of the Minimum Duration (even where the Minimum Duration is more than one year) and you will not be entitled to a refund.

Although you may notify us of your intention to cancel an Ongoing Fixed Term Services at any time, such notice will only take effect after the Minimum Duration has elapsed. You may notify us of your wish to cancel the Ongoing Fixed Term Services by sending us a cancellation notice to info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

We may, at our sole discretion, agree to temporarily suspend any Ongoing Fixed Term Services if you will be unable to use the service, such as, for example, if you are going on holiday. We will require at least 30 working days’ advance notice for this to be implemented. The maximum period of suspension will be 26 weeks in any calendar year. You may use the same contact details for providing a cancellation notice to request the Ongoing Fixed Term Services to be suspended.

You will still have a right to cancel any Ongoing Non-Fixed Term Services if we have already commenced providing this service to you within 30 working days from the date of the Confirmation Notice, upon giving us 4 weeks’ advance notice in writing. You may notify us of your wish to cancel by sending us a cancellation notice to info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF. Your cancellation notice must quote your name, address, the name or a description of the Services and your order reference number.

Exception to the right to cancel

You will not have a right to cancel an order for services purchased from us, in the following situations:

If you expressly agree to us beginning to provide any services before the end of the cancellation period.

The Contract is for the sale of land or financial services

The Contract is for the sale of services by auction

The Contract is for the supply of:

Audio or video recordings and computer software if unsealed by you

Audio or video recordings and software and other items that you have successfully downloaded where a free trial or demonstration was available to you to view or download

Newspapers, magazines and other periodicals

Gaming, betting and lottery services

Incorrectly priced or described Services

Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Services to you.

If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.

If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.

If your order is cancelled or rejected and you have already paid for the Services, you will receive a full refund in accordance with clause 7.

Delivery by instalments

The Services may be sent to you in instalments. You may cancel the outstanding part of your order and receive a refund, if you have already paid, of the purchase price of the outstanding Services in accordance with clause 7

Processing refunds

We will notify you about your refund via email within a reasonable period of time. We will usually process a refund as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to a refund. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Services.

COMPLAINTS

If you have a comment, concern or complaint about any Services you have purchased from us, please contact us via email at info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Earthbound Expeditions Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.

Services sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.

WEBSITE USE

You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms of use.

LIABILITY AND INDEMNITY

Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

Death or personal injury resulting from our negligence

Fraud or fraudulent misrepresentation

Action pursuant to section 2(3) of the Consumer Protection Act 1987

Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

We will not be liable if the Website is unavailable at any time.

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.

We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.

               We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or

any loss of goodwill or reputation; or

  any special or indirect losses; or

any loss of data; or

wasted management or office time; or

any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Services even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 8.1 to 15.8.6, is strictly limited to the purchase price of the Services you purchased.

If you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in their own terms and conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.

FORCE MAJEURE

We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (‘Force Majeure’), which, without limitation, include:

Strikes, lock-outs or other industrial action

Shortages of labour, fuel, power, raw materials

Late, defective performance or non-performance by suppliers

Private or public telecommunication, computer network failures or breakdown of equipment

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 extreme weather conditions.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Acts, decrees, legislation, regulations or restrictions of any government

Other causes, beyond our reasonable control

Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.

Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.

PRIVACY POLICY

In order to monitor and improve customer service, we sometimes record telephone calls.

We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Data Protection Act 1998 (as amended).

You can find full details of our Privacy Policy on the Website.

THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

The privacy practices of such websites

The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

The use which others make of these websites; or

Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources

LINKING TO THE WEBSITE

You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

Any agreed link must be:

To the Website’s homepage

Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

NOTICES

All notices given by you to us must be given to us at info@earthboundexpeditions.co.uk or a letter to 11 Stapenhill Road, Wembley – HA0 3JF. We may give notice as described in clause 3

Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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.

ENTIRE AGREEMENT

The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Conditions.

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

All prices and descriptions supersede all previous publications. All product descriptions are approximate.

Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.

All Contracts are concluded and available in English only.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3

Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom.

Every purchase you make shall be deemed performed in England and Wales.

The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

Website – terms and conditions of use

Please read these terms and conditions carefully as they contain important information about your rights and obligations when using this website (the ‘Website’) and in particular clause 10.4

The Website is owned and operated by Earthbound Expeditions Limited (‘we’/’us’/’our’), a limited company registered in England and Wales under company number: 7854223 having our registered office at 11 Stapenhill Road, Wembley – HA0 3JF507 Whitton Avenue West, Greenford, Middlesex, UB6 0DY.

The term ‘you’ refers to the user or viewer of our Website.

By browsing on or using the Website you are agreeing to comply with and be bound by these terms and conditions which, together with our privacy policy, governs our relationship with you regarding the use of our Website.

ACCESS

You will be able to access parts of the Website without having to register any details with us. However, from time to time certain areas of this Website may be accessible only if you are a registered user.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

We make reasonable efforts to ensure that this Website is available to view and use 24 hours a day throughout each year however, this is not guaranteed. The Website may be temporarily unavailable at anytime because of: server or systems failure or other technical issues; reasons that are beyond our control; required updating, maintenance or repair.

Where possible we will try to give you advance warning of maintenance issues but shall not be obliged to do so.

REGISTERING ON THIS WEBSITE

When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.

By registering on the Website you undertake:

That all the details you provide to us for the purpose of registering on the Website are true, accurate, current and complete in all respects

You will notify us immediately of any changes to the information provided on registration

You are over 18 or if under 18 you have a parent or guardian’s permission to register with the Website in conjunction with and under their supervision

To only use the Website using your own username and password

To make every effort to keep your password safe

Not to disclose your password to anyone

To change your password immediately upon discovering that it has been compromised

To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them

You authorise us to transmit your name, address and other personal information supplied by you (included updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.

ELIGIBILITY TO PURCHASE FROM THE WEBSITE

To be eligible to purchase the Services on this Website and lawfully enter into and form contracts with us, you must:

Be 18 years of age or over

Be legally capable of entering into a binding contract

Provide full details of an address in the United Kingdom, for the performance or delivery of the Services

If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.

INTELLECTUAL PROPERTY

The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Earthbound Expeditions Limited moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world).

You acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.

You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.

You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.

No licence is granted to you to use any of our trade marks or those of our affiliated companies.

DISCLAIMER

It shall be your responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

We will not be liable to you if the Website is unavailable at any time.

We attempt to ensure that the information available on the Website at any time is accurate. However, we do not guarantee the accuracy or completeness of material on this Website. We use all reasonable endeavours to correct errors and omissions as quickly as practicable after becoming aware or being notified of them. We make no commitment to ensure that such material is correct or up to date.

All drawings, images, descriptive matter and specifications on the Website are for the sole purpose of giving an approximate description for your general information only and should be used only as a guide.

Any prices and offers are only valid at the time they are published on the Website.

All prices and descriptions supersede all previous publications.

Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

The Website is provided on an ‘as is’ and ‘as available’ basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these terms and conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.

We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage from action taken in reliance on material or information contained on the Website.

We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you.

You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.

We reserve the right to disclose such information to law enforcement authorities as we reasonably feel is necessary should you breach this agreement.

USE OF THE WEBSITE

You are permitted to use the Website and the material contained in it only as expressly authorised by us and in accordance with these terms and conditions, as may be amended from time to time without notice to you.

We provide access and use of the Website on the basis that we exclude all representations, warranties and conditions to the maximum extent permitted by law.

We reserve the right to:

Make changes to the information or materials on this Website at any time and without notice to you.

Temporarily or permanently change, suspend or discontinue any aspect of the Website, including the availability of any features, information, database or content or restrict access to parts of or the entire Website without notice or liability to you or any third party.

Refuse to post material on the Website or to remove material already posted on the Website

You may not use the Website for any of the following purposes:

Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material

Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise

Breaching any applicable local, national or international laws, regulations or code of practice

Gaining unauthorised access to other computer systems

Interfering with any other person’s use or enjoyment of the Website

Breaching any laws concerning the use of public telecommunications networks

Interfering with, disrupting or damaging networks or websites connected to the Website

Utilisation of data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website

To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation

To create and/or publish your own database that features all or substantial parts of the Website

Making, transmitting or storing electronic copies of materials protected by copyright without the prior permission of the owner

In addition, you must not:

Knowingly introduce viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website

Attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to it

Attack the Website via a denial-of-service attack or a distributed denial-of service attack

Damage or disrupt any part of the Website, any equipment or network on which the Website is stored or any software used for the provision of the Website

A breach of this clause may be a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

SUSPENDING OR TERMINATING YOUR ACCESS

We reserve the right to terminate or suspend your access to the Website immediately and without notice to you if:

You fail to make any payment to us when due

You breach the terms of these terms and conditions (repeatedly or otherwise)

You are impersonating any other person or entity

When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity

We suspect you have engaged, or about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website

LINKING TO THE WEBSITE

You must not create a link to the Website from another website, document or any other source without first obtaining our prior written consent.

Any agreed link must be:

To the Website’s homepage

Established from a website or document that is owned by you and does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the UK and the law in any country from which they are hosted

Provided in such a way that is fair and legal and does not damage our reputation or take advantage of it

Established in such a way that does not suggest any form of association, approval or endorsement on our part where none exists

We have no obligation to inform you if the address of the Website home page changes and it is your responsibility to ensure that any link you provide to our homepage is at all times accurate.

We reserve the right to withdraw our consent without notice and without providing any reasons for withdrawal. Upon receiving such notice you must immediately remove the link and inform us once this has been done.

EXTERNAL LINKS

To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:

The privacy practices of such websites

The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources

The use which others make of these websites

Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources.

LIMITATION OF LIABILITY AND INDEMNITY

Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

Death or personal injury resulting from our negligence

Fraud or fraudulent misrepresentation

Action pursuant to section 2(3) of the Consumer Protection Act 1987

Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are forseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:

Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

Any loss of goodwill or reputation; or

Any special or indirect losses; or

Any loss of data

Wasted management or office time

Any other loss or damage of any kind

If you buy any goods or services from a third party seller through our Website, the seller’s individual liability will be set out in their own terms and conditions.

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer.

GENERAL

We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions in these terms and conditions and the remainder of the provision in question will not be affected.

All Contracts are concluded and available in English only.

If we fail, at any time to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, it shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom.

These terms and conditions will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.