SQSTR SUBSCRIPTION TERMS AND CONDITIONS
This document (together with any further documents referred to on it) inform you of the terms and conditions on which we will supply to you (the User) the products or subscription services  (Products) listed on our website www.SQSTR.co.uk (our site) or www.houseofbruar.com . Please read these terms and conditions carefully before purchasing one of our Products or Services. You should understand that by purchasing or subscribing to one of our Services, you agree to be bound by these terms and conditions.

Please print a copy of these terms and conditions for future reference. 
 The Company: SQSTR Limited, Salford Lodge, Pitchill, Evesham, WR11 8SN
Contact details: [email protected]

For the purposes of these terms and conditions SQSTR refers to The Company, the website and all material provided by the company either on the website, direct via email or via social media accounts.
Services:
For the purposes of these terms and conditions Services refers to any product subscription or one-off purchase made by a User.
 
1. YOUR STATUS
By placing an order through our website, you warrant that:
1.1 you are legally capable of entering into binding contracts; and
1.2 you are at least 18 years old;
1.3 you are resident in one of the Serviced Countries; and
1.4 you are accessing our site from that country.
 
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 The contract between us (Contract) will only be formed when you have paid for the product or services you have selected either from The House Of Bruar Website or our site.
2.2 Once a user has completed a purchase of a product or service, The Company agrees to provide, and the user agrees to accept the products agreed at the point of sale. In the case of carbon delivery offset the user is aware that there will be no physical transfer of goods to the user. All user transactions are offset in arrears on a quarterly basis using tools listed in clause 3. 
 
3. CARBON OFFSET PRODUCTS
3.1 The Company provides a service that results in UK trees being planted either directly or through their planting partners. Where planting is done through planting partners the planting may be funded either on a per tree basis or through the purchase of Pending Issuance Unit (PIU) accredited by the Woodland Carbon Code. In the case of PIUs 1 tree will equal one seventh of a PIU.
3.2 Due to the long-term nature of forestry planting and management, the user may be assigned a tree that has already been planted by The Company or its planting partners. In all cases whether newly planted or an existing tree, each tree or part of tree will only be assigned to one individual user.
3.3 In addition to UK tree planting The Company will purchase VER Carbon Credits sources to immediately offset the user’s delivery. All offsetting is undertaken in good faith and in accordance with the Product selected when purchasing. The Company does not take responsibility for calculating the individual delivery carbon emission and as such cannot guarantee that the offsetting provided will offset 100% of the delivery carbon emissions.
3.4 Each purchase includes a combination of carbon credits for immediate offset and a tree planting element. The tree planting element will be used by SQSTR to fund forestry and tree planting in the UK.
3.5 All carbon credits will be accumulated and assigned on behalf of the User and retired under The House Of Bruar Customer Delivery Offset Account on the Markit Register. Carbon credits cannot be individually redeemed nor used for trading purposes.
3.4 The Company reserves the right to amend the type of carbon offsetting undertaken and in that event user will be notified of the intention.
 
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
4.2 To cancel a Contract, you must contact House Of Bruar Customer Care and notify them of your intention to remove the product from your order. All offsetting products assigned to you will be reassigned to other members.
 
5. Acceptable Use
 
5.1 The Services supplied by The Company may only be used within the scope of what they are provided for, under these Terms and applicable law.
 
5.2 Users are solely responsible for making sure that their use of The Company’s products and/or services does not violate any applicable law, regulations or third-party rights.
 
5.3 The Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to The Companies products and or the Service provided. Appropriate action may include and is not limited to:  terminating contracts, reporting any misconduct performed through The Company or the Service provided by the Company to the competent authorities.
 
6. PRICE AND PAYMENT
6.1 The price of the carbon offset products will be as quoted at the time of purchase and are subject to change without notice.
6.2 Offset Products prices include VAT.
6.3 Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Welcome Email.
 
7. OUR REFUNDS POLICY
7.1 If you cancel your purchase with us:
7.1.1 Because you have cancelled the Contract between us within the fourteen-day cooling-off period (see clause 3.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the subscription in full.
7.1.2 For any other reason (for instance, because you have notified us in accordance with clause 2.2 that you do not require the product or service anymore), we will notify you of your refund, where due, via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
 
8. WARRANTY
We warrant to you that any Offset Product purchased from us through The House Of Bruar website will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
 
9. OUR LIABILITY
9.1 Subject to clause 9.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
9.2 Nothing in this agreement excludes or limits our liability for:
9.2.1 Death or personal injury caused by our negligence;
9.2.2 Fraud or fraudulent misrepresentation;
9.2.3 Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
9.2.4 Defective products under the Consumer Protection Act 1987; or
9.2.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
 
10. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When purchasing a product from us, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you 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. This condition does not affect your statutory rights.
 
11. NOTICES
All notices given by you to us must be given to The Company at [email protected]. We may give notice to you at either the e-mail or postal address you provide to us when signing up to a Subscription, or in any of the ways specified in clause 10 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
 
12. TRANSFER OF RIGHTS AND OBLIGATIONS
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 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.
 
13. INTELLECTUAL PROPERTY RIGHTS
13.1 We are the owner or the licensee of all intellectual property rights in our site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
13.2 You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
13.3 The Company allows Users to upload, share or provide their own content to The Company.
By providing content to The Company, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By purchasing a product or Services you irrevocably authorise The Company to quote from your Commentary on our site and in any advertising or social media outlets which we may create or contribute to.
 
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action;
14.2.2 Civil commotion, lockdown both local and regional, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
14.2.5 Impossibility of the use of public or private telecommunications networks; and
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
 
15. WAIVER
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
15.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
 
16. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
17.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
17.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
17.4 Nothing in this clause limits or excludes any liability for fraud.
 
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.1 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within fourteen working days of receipt by you of the Products).
 
19. Dispute Resolution
 
Users have the right to bring any disputes to the Company using the contact details provided.  The Company will in turn use reasonable endeavours to resolve them amicably.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Company’s email address specified in this document. The Company will process the complaint without undue delay and within 21 days of receiving it.
 
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.