The Tarbat Historic Trust is a charity registered in Scotland (registered number : SC024422) and having its principal office at Tarbat Discovery Centre, Portmahomack IV20 1YA
On applying to become a Member of the Tarbat Historic Trust, or agreeing to make a one off or regular donation, you are automatically agreeing to these terms and conditions and you are providing us with the appropriate consent to handle your personal information in accordance with data protection laws and our data protection policies. References to the "Trust", "we" or "us" are references to the Tarbat Historic Trust.
Our acceptance of your donation(s) or application for membership will bring into force a legally binding contract between us and these terms and conditions will form the basis of that contract and through which the Trust will deliver a service to you as a Member, as applicable. Where you apply for Gift Membership for someone else, we will deliver these services to the person named in your application.
In respect solely of Membership these terms and conditions do not affect the rights which you have as a member of the Trust under our founding statutes including the right to attend and vote at the Trust’s Annual General Meeting.
1.1 As a member you will automatically receive a range of benefits as part of your membership package. The minimum membership package will include:
1.2 We reserve the right to change the benefits that apply to Trust Membership without prior notice. Where possible, changes to benefits will be published on the Trust’s website.
1.3 We may maintain, cancel or introduce different categories of membership from time to time. It is your responsibility to ensure that you have the most appropriate category of Membership to suit your personal circumstances at any time.
2.1 Members should remember to bring their Membership card with them when they visit. We may not allow entry without your Membership card.
2.2 Membership cards are for the named card holder(s) only and access to the centre is allowed during opening times (published on the Trust’s website) for the individuals described on the card. Membership may not be transferred to another person and Members are not permitted to allow another person to use their Membership card.
2.3 Trust Membership is valid from the date of acceptance by the Trust until the date of expiry shown on the card, being not less than one year.
2.4 Membership cards will be delivered as soon as possible after your application for Membership is accepted by the Trust.
2.5 Lost Membership cards will be replaced once free of charge. We reserve the right to charge a small administration fee for any subsequent replacement cards.
2.6 Entry to the Centre is subject to any terms and conditions applicable at the time. We reserve the right to restrict entry or to demand that any member leave a property for reasons of health or safety or if we consider that it is in the best interests of the Trust or our staff, volunteers, or other visitors.
2.7 Membership may not entitle Members to attend special events, tours or take part in other activities which would normally require additional payment.
3.1 The Trust reserves the right to refuse any application for Membership. The Trust also reserves the right not to fulfil or to cancel a Membership if you (or the Member, where you purchase Gift Membership for another person) are found to be in breach of these conditions.
3.2 On receipt of your order we will utilise Worldpay to debit your card or process the Direct Debit payment (as applicable). However our acceptance of your offer remains subject to approval of it by us. Once a decision has been reached we will either confirm that your application has been accepted, at which point a contract will be formed between us, or notify you that we cannot accept your application. If we cannot accept your application for whatever reason we will confirm that your account has been re-credited (if applicable).
3.3 If we are unable to obtain payment authorisation from the issuer of your card or from your bank in the case of Direct Debit payments and a Membership has already been issued to you, we will request you return the card and you will forfeit any benefits.
4.1 All quoted Membership fees are for a one-year Membership subscription.
4.2 We reserve the right to increase the price of your Membership subscription on an annual basis. You will be informed of any fee increase within your renewal letter.
5.1 The credit/debit card information you provide to Worldpay when applying for Membership is used solely for the purpose of processing that Membership transaction. If we are completing the application for Membership on your behalf and are unable to process payment from the credit/debit card details you have provided we will contact you immediately to verify your card details.
5.2 We strongly advise you against sending us any credit/debit card information via email. It is contrary to the rules of the Payment Card Industry (PCI) for us to accept credit/debit card payments by email and we will decline to accept payment by this means.
5.3 If you are not using your own credit/debit card to pay for the Membership subscription, you must ask permission of the credit/debit card holder before entering payment details. When you subscribe to Membership of the Trust either online, by post or verbally, you are confirming that you have obtained the express prior permission of the credit/debit card holder.
6.1 If there are any changes to the amount, date or frequency of your Direct Debit, the Trust will notify you 10 working days in advance of your account being debited or as otherwise agreed. If we request to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
6.2 If an error has been made in the payment of your Direct Debit by us or your bank/building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back when requested to do so by the Trust.
6.3 You can cancel a Direct Debit any time by simply contacting your bank or building society. Written confirmation may be required. We would be grateful if you also notified us using the contact methods set out below.
7.1 As a consumer, you have a legal right to cancel the contract formed between us (and receive a refund of the fees paid) if you change your mind or decide for any other reason that you do not want to continue the Membership
7.2 Your legal right to cancel the Membership contract starts from the date on which we confirm that your application for Membership has been accepted, which is when the contract between us is formed. Your deadline for cancelling the contract is 14 days after the day on which this contract was formed. If Membership is cancelled later than the 14 day period specified membership will continue until the next renewal date at which time it will cease. Any subsequent payments taken will be refunded.
7.3 If you wish to cancel your regular or one off Donation you have a right to request a refund within seven days of the most recent payment.
(Note, to prevent fraud, we can only refund payments directly to the credit/debit card, or bank account which made the payment.)
7.4 To cancel a membership contract or Donation, you just need to let us know that you have decided to cancel. The easiest way to do this is by email to firstname.lastname@example.org. You can also cancel by post to Tarbat Discovery Centre, Tarbatness Road, Portmahomack, Tain IV20 1YA
7.5 Membership/Donation agreements rights and benefits shall cease on death but no refund shall be made.
8.1 Gift Membership can only be used by the named card holder or card holders (subject always to the terms of the specific category of Membership purchased).
8.2 The purchaser of any Gift Membership warrants that he/she has the consent of the member to provide the member’s personal data to the Trust for the purposes of administering the membership and membership benefits.
9.1 When you apply for Trust Membership (and throughout the course of your membership subscription) it will be necessary for us to obtain certain information from you (such as your name, address and date of birth). We will treat this as personal data for the purposes of data protection law. The Trust will collect, hold and process your personal data in accordance with our Relevant applicable legislation.
10.1 Subject to clause 10.3, and to the extent possible by law, the Trust excludes all liability to Members or to any other third party for any loss of profit, or any special, incidental or consequential damages (however arising, including negligence) arising out of, or in connection with services, benefits and/or products supplied by the Trust or any company associated with the Trust.
10.2 Subject to clause 10.3, the liability of the Trust to you is limited to the amount of your Membership fee.
10.3 Nothing in these terms and conditions excludes liability for death or personal injury caused by the Trust’s negligence or for fraud or fraudulent misrepresentation.
The Trust will aim to respond to any query received within three working days. This may be an acknowledgement of receipt whilst further investigations are carried out. If you have any queries or complaints please contact us by post or email using the addresses detailed in clause 7.4 above.
These terms and conditions are governed by the laws of Scotland.
Anything said by any sales person or member of our staff on our behalf should not be understood as a variation of these terms and conditions, nor as a representation about the nature and quality of the services being offered by us.