TRIAL PACK APPLICATION TERMS AND CONDITIONS
Please read these Terms and Conditions carefully. By applying to receive a MOREwoods Trial Pack, you are confirming your understanding and acceptance of these terms and conditions.
In these Terms and Conditions, references to:
- ‘Recipient’ or ‘you’ means you as the intended Recipient of a Tree Pack/s under the Woodland Trust’s Trial Tree Packs initiative, and;
- The ‘Woodland Trust’, ‘the Trust’ or ‘us’ means the Woodland Trust, a company limited by guarantee (Company Number: 1982873) and a registered charity, Charity Number England and Wales: No. 294344, Scotland No. SC038885 whose registered office is at Kempton Way, Grantham, Lincolnshire NG31 6LL.
1. General Terms
1.1. The Woodland Trust reserves the right to change these terms and conditions at any time without notice to you. However, any changes will be posted online and will be effective immediately.
1.2. A maximum of three Tree Packs (each usually containing 50 trees) can be claimed by each eligible Recipient.
1.3. As a Recipient you are permitted to apply only once under this scheme.
1.4. Tree Packs will be allocated to the successful applicants by the Trust on a first come, first served basis.
1.5. The Trust reserves the right to reject your application for a Tree Pack/s at our sole discretion.
1.6. The allocation of Tree Packs is subject to availability and the Woodland Trust has the right to decline and/or change your allocated Tree Packs without notice.
1.7. The Woodland Trust will not be held responsible for lost, missing or damaged Tree Packs.
1.8. Tree Packs are provided solely for planting on the agreed site (as specified in your Delivery Information Pack) which must be owned by you as the freehold landowner or which you must possess the legal long term tenancy rights in for a period of at least 10 years.
1.9. The Tree Packs, or contents thereof, must not be redistributed to third parties or used for planting in locations other than within the boundaries of the agreed Site.
1.10. As the Recipient of the Tree Pack/s you will be prohibited from selling on, or giving away the Tree Pack/s, trees or associated material to any third party or otherwise using the Tree Packs, their contents and any other materials provided for any commercial gain.
1.11. The Woodland Trust reserves the right to cancel its Tree Pack initiative or change these terms and conditions, without notice in the event of a force majeure event including, but not limited to: catastrophe, governmental or local pandemic restrictions, war, civil or military disturbance or any actual or anticipated breach of any applicable law or regulation or any other event outside of the Trust’s control.
2. Responsibilities and Commitments of the Woodland Trust
2.1 Subject to 2.2, the Trust will provide to the Recipient (you) the Tree Pack/s and any other materials specified in your Delivery Information Pack.
2.2 The provision of the Tree Pack/s under this Agreement is subject to the availability of stock from the Trust’s supplier. The Trust reserves the right to substitute any Tree Pack/s with another of equivalent value without giving notice.
2.3 The Trust will endeavour to provide trees of good stock and at an appropriate density within the Tree Packs, however, the percentages of a particular species within a Tree Pack are specified as a general guide only and, if numbers of trees, species or quality provided differ from those agreed, this will not be deemed a breach of this Agreement.
2.4 Whilst every effort is made by the Trust and supplier of the tree packs to ensure they are of the highest quality and true to name, no warranty expressed or implied is given as to the description, quality, growth, productiveness or suitability of those trees to their ultimate location on the site.
2.5 If your application is successful, and subject to the terms and conditions stated herein, the Trust will arrange for the delivery of the Tree Packs.
2.6 Delivery of the Tree Packs to the site may be undertaken by third parties acting on behalf of the Trust.
3. Your Responsibilities and Commitments as the Recipient
3.1 The Recipient (you) hereby confirms and warrants that;
3.1.1 You are the freehold owner, or entitled to be the owner of the site on which the trees will be planted or that you have a long-term lease on the site with at least 10 years remaining which enables full compliance with the obligations of this agreement for its duration; and
3.1.2 You have obtained all necessary permissions and authorisations for the planting of the Trees within the site; and
3.1.3 the information given to the Trust in connection with the site and proposed planting is true and accurate in all respects; and
3.1.4 You have full power and authority, and has taken all necessary actions and obtained all authorisations, licences, consents and approvals, to allow it to enter this Agreement
3.1.5 You are entering into this Agreement on your own behalf and not on behalf of any other party or individual.
3.2 Subject to the provision of reasonable advance notice, the Recipient shall permit, and grant temporary licence for, the Trust, or its sub-contractors or agents acting on its behalf, to access the site for the purpose of delivering the Tree Packs and any other agreed materials to be provided.
3.3 The Recipient (you) will be responsible for ensuring suitable safe access to the planting site is available for the Trust or its agents or sub-contractors in order to complete delivery of the Tree Pack/s on the specified date.
3.4 The Recipient (you) will be responsible for planting and maintaining the trees provided within the Tree Pack/s, within the site. The Recipient will use all reasonable care in planting and maintaining the trees provided and shall endeavour to ensure that at least 80% of the trees provided and planted pursuant to this Agreement are surviving and established up to 10 years from the date of this Agreement.
3.5 The Recipient (you) shall obtain, comply with and maintain any permits, consents or licences required in connection with the lawful carrying out of the planting.
3.6 When planting the trees, the Recipient (you) shall:
3.6.1 comply with the Forestry Commission's UK Forestry Standard (2011) and;
3.6.2 follow the Trust’s planting guidance
3.7 You shall be responsible for the correct disposal of any packaging materials included with the Tree Packs, including ensuring all recyclable material is appropriately recycled wherever possible.
3.8 The Recipient (you) will indemnify the Trust against all losses, claims, demands, costs and expenses incurred or suffered by the Trust as a direct result of the Recipient’s actions or omissions in relation to this Agreement.
4 Financial provisions
4.1 The Recipient (you) will be solely liable for the cost of maintaining the planting and maintenance of the trees during the term of this Agreement.
4.2 The Trust shall not be required to supply any replacement trees or provide any financial reimbursements or compensation for such.
4.3 The Recipient (you) acknowledges and agrees that they will not receive any payment from the Trust pursuant to this Agreement.
5 Planning and Compliance
5.1 The Parties acknowledge that the Trust shall only be responsible for providing Tree Packs and any materials as specified in your Delivery Information Pack which you will receive prior to delivery.
5.2 The Recipient (you) shall be responsible at your own expense for obtaining any and all planning and other statutory consents required for the carrying out of the Planting and for observing any conditions or restrictions arising therefrom.
6 Personal Data
6.1 For the purpose of this agreement:
- ‘Data Protection Legislation’ means any law relating to the processing, privacy, and use of Personal Data, as applicable, including in the United Kingdom: the UK General Data Protection Regulation (GDPR), together with any national legislation intended to enact, implement or supplement it, including Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), SI 2003/2426, Directive 2002/58/EC (ePrivacy Directive) together with any national legislation intended to enact, implement or supplement them; and any legislation to replace PECR or the ePrivacy Directive; and
- ‘Personal Data’ has the meaning defined in the Data Protection Legislation
6.2 Subject compliance with the Data Protection Legislation at all times, the Trust shall be permitted to use certain Personal Data relating to you as detailed in your Delivery Information Pack which you will receive prior to delivery, solely for the purposes as specified in the Delivery Information Pack to enable the performance of this agreement. Such use shall include, but not be limited to, use by our third party agents for the purpose of fulfilling delivery of the Tree Packs to the agreed site.
6.3 Please refer to our Privacy Policy for details of how we use and store your personal data. This policy also outlines your individual rights.