Terms and conditions

1. Introduction

Every member is subject to these terms and conditions. We ask that you read them carefully. Please contact us if you have any questions in relation to them.

These terms and conditions are effective as at the date of publication and may be varied, substituted, added to, withdrawn or otherwise changed from time to time. You should refer to www.wildphilanthropy.dev:8888 for the most up to date terms.

2. Definitions

In these terms and conditions, the following words and expressions shall have the meanings given below unless the context otherwise requires:

“Member Services” means the agreed objectives, benefits, services, and privileges of whatever nature (or any of them) agreed and/or made available to you in connection with your Legacy Membership as varied, substituted, added to, withdrawn or otherwise changed from time to time. “Legacy Membership” means the Wild Philanthropy Legacy Membership scheme. “Membership” means the participation of you in the Legacy Membership scheme.

“We”, “us” and “our” means Black and Green Trading Ltd trading as Wild Philanthropy.

“you” or “your” means a person who has been admitted as a participant in the Legacy Membership scheme and is being recognised as a member for the time being.

3. Legacy Membership

To become a member you must contact us through our website. Membership is only offered at our discretion. You must be 18 years old at the time of requesting to be a member of the Legacy Membership scheme.

Subject to the availability of your chosen Legacy Membership tier and payment of the appropriate fee we will confirm your Membership by issuing a confirmation invoice at which point a contract will come into existence between us.

4. Membership Services

You will be entitled to access the Member Services during the term of your Membership.

There are currently three tiers of Membership: Biosphere, Ecosystem, and Foundation. Members will receive the Member Services according to their tier of Membership.

The Member Services are personal to you and are not transferable. They cannot be exchanged for cash or for any other services, goods or other consideration of any nature.

We do not guarantee or warrant that any or all of the Member Services will be available at all times and in all countries or locations.

Whilst we always endeavour to avoid changes we must reserve the right to do so. We reserve the right to vary, substitute, add to, withdraw or otherwise change any tier(s) of Membership, the services thereunder, and to cease to offer different tiers of Membership altogether.

5. Period of Membership

Your Membership shall commence on the date we issue our confirmation invoice for a period of 36 months or as may otherwise be terminated under these terms and conditions.

6. Our responsibilities

We shall use reasonable skill and care to manage and provide the Member Services, including the selection of any third parties used. Any objectives agreed between us in respect of the Member Services shall be objectives only and shall not constitute a promise or guarantee on our part to fulfil such objectives.

We will meet with you to discuss your travel and charitable giving priorities and objectives which fall within your Membership tier. Following a meeting we will write to you within 28 days setting out your requirements, including a description of any objectives, the work to be done, and each stage of the work required. You and us will then discuss the proposed objectives and agree it.

Once such objectives have been agreed, no amendment shall be made to them unless it is agreed in writing between us.

We shall use reasonable endeavours to observe, all local regulations and any other reasonable security requirements that apply in the locations that form part of the Member Services provided that we shall not be liable if, as a result of such observation, we are in breach of any of our obligations under this agreement.

The Member Services include services provided by third party entities. Such services are made available by us in good faith in all respects. Except where such Member Services include the provision by us of flights, transport, or accommodation, all of which shall be subject to our Booking Conditions, we accept no responsibility or liability whatsoever for any such third party, any offer made by any such third party, or in relation to any matter which that may arise between the Member and third party in relation to any offer that a third party has made through us.

We may discontinue relationships with third party partners at any time but will give you notice of any such discontinuance as is reasonably practicable in the circumstances.

7. Your responsibilities

You must co-operate with us in all matters relating to the Member Services and provide us, in a timely manner, such in-put and other information as we may reasonably require, and ensure that it is accurate in all material respects.

If the performance of our obligations under this agreement is prevented or delayed by any act or omission by you we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

8. Force Majeure

Except where otherwise expressly stated, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these terms and conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

9. Misuse and termination of Membership

You may terminate your membership at any time. However, because of the bespoke nature of the work we undertake for you we incur costs from the day your membership begins and therefore you shall not be entitled to any refund or part refund in the event of cancellation by you.

We shall be entitled to terminate your Membership immediately on giving the Member notice in writing in the event of any breach of a clause of these terms and conditions or on us having reason to believe that the you have abused or may abuse your Membership or in any way have behaved fraudulently or acted or may act in any way which will or may damage our name or reputation or has had your participation in any other arrangements booked with us terminated or cancelled as a result of your behaviour or have otherwise behaved in a manner which is incompatible with your continuing Membership.

Where your Membership is terminated in accordance with this clause we shall have no further, alternative or additional liability in relation to you.

Termination in accordance with this clause will result in the withdrawal or termination of any Member Services which have yet to be provided including the withdrawal of any discounted flight booking which has yet to be completed. Any such discount must then be paid in full.

Nothing in these terms and conditions shall limit the exercise of any legal rights and remedies available to us.

10. Intellectual Property Rights

All intellectual property rights and all other rights in the Member Services shall be owned by us. Further, you consent us taking, processing and storing photographs which feature you and you agree that we have permission to exclusively use any such photographs throughout the world for any commercial or non-commercial purposes in all and any media, including, without limitation, our printed publications, presentations, promotional materials, in the advertising of our services or on our website, in its original format or edited or altered in any way which we deem appropriate.

11. Local laws and tax liability

Your entitlement to any Member Services are subject to all laws applicable to us and you which restrict, prohibit or limit the scope or extent of the Member Services.

Should your participation in the Legacy Membership scheme or receipt of or entitlement to any Member Services in any respect under the Legacy Membership scheme be subject to or give rise to any tax liability it, such liability, including without limitation, ascertaining, declaring, resolving and meeting the same, and including disclosure connected with the receipt or use of the Member Services, is your sole responsibility.

12. Assignment

You cannot assign or transfer your Membership or any Member Services to any other person(s) at any time. We reserve the right to assign or transfer the operation of the Legacy Membership scheme and/or the Member Services in their entirety or in any respect to any third party at any time without your consent.

13. Notices/Contact Details

If you wish to contact us, and any communication or notice to be given under these terms and conditions may be delivered personally or by pre-paid post to the following address of Africa House, Brunswick Row, Brighton, BN1 4JZ.

14. Governing Law and jurisdiction

These terms and conditions are governed and will be construed in accordance with English Law. Any dispute, claim or other matter of any description in connection with these terms and conditions or your Membership which arises must be dealt with by the Courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).

15. Invalidity

If part or all of any clause of these terms and conditions is found to be illegal, invalid or unenforceable, it shall be deemed amended to the extent necessary to ensure that it is not illegal, invalid or unenforceable or, if that is not possible, it shall be deemed severed from these terms and conditions. The remaining provisions of these terms and conditions shall not be affected by any such amendment or severance and shall continue to have full force and effect.