TERMS & CONDITIONS
1. THESE TERMS
1.1 This Agreement sets forth the universal terms and conditions, together with our Privacy Policy, Cookies Policy, general Terms of Use and any other documents referred to herein comprising our agreement with you (“Agreement”), on which we promote the Zest Active Arts programme on a subscription basis.
1.2 Zest Active Arts (“Zest”) provides its products and services that allow Clients to access certain movement and arts content (“Zest content”) plus resources and training over the internet which may be available on certain devices such as Internet-connected TVs, computers and other devices (“Zest ready devices”).
1.3 Our website can be found at www.zestactivearts.org which is owned by us and our details are listed below.(“Zest Website”)
1.4 We offer our Services in the form of a minimum subscription term depending on your elected Subscription Plan. Our Zest Website will guide you through our membership and ordering process.
1.5 In this Agreement, “we/us/our” shall mean the Zest partnership project referred to below and “you/your” shall mean you as our Client or customer. Each shall be a “party” and collectively referred to in this Agreement as “parties”.
1.6 This Agreement, and any contract formed between you and us, shall be in the English language.
1.7 Where you communicate to us on behalf of a company or organisation, you agree that you have authority on its behalf to proceed with us.
1.8 This Agreement shall prevail over any marketing material, or any electronic, written or oral representation made to you by us, our employees or agents.
1.9 We recommend that you please read this Agreement carefully before using the Zest Website and before you commence your Order with us, as they affect your rights and liabilities and the basis upon which we may provide our Services to you.
1.10 This Agreement incorporates our Privacy Policy, Cookie Policy and our Terms of Use by reference.
1.11 We may vary this Agreement from time to time as they may apply to your use of our Services and your subscription to use the Zest Website, and/or your purchase of our Products.
2. DEFINITIONS
2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“Applicable Laws” means all applicable laws, legislation, statutory instruments, regulations and governmental guidance having binding force whether local or national;
“Bribery Laws” means the Bribery Act 2010 and all Applicable Laws in connection with bribery or anti-corruption and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010;
“Business” means the Bribery Act 2010 and all Applicable Laws in connection with bribery or anti-corruption and associated guidance published by the Secretary of State for Justice under the Bribery Act 2010;
“Client” shall mean you as the customer, individual or company to whom this Agreement applies subscribing to use our Services and shall mean any person acting on behalf of and with the authority of such person of firm or corporate body;
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR), the Data Protection Act 2018 (and regulations made thereunder) or any successor legislation, and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications);
“Deliverables” means any reports, content, materials or follow up questions produced in the course of providing the Services;
“Force Majeure" means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving Zest or its workforce, but excluding the Client’s inability to pay or circumstances resulting in the Client’s inability to pay;
“Confidential Information” means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with this Agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);
“Intellectual Property Rights” means any patent, trademark, service mark, copyright, moral right, right in a design, rights in Confidential Information, rights to invention, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Order” means any purchase by you of one of our Programs and/or associated Products and Services which form your chosen Subscription Plan, as advertised on our Zest Website or promoted directly by us;
“Payment Method” shall mean your chosen method of payment for the Subscription Fees;
“Privacy Policy” means our policy on collecting and processing your personal information relating to the Services which can be found on our Zest Website;
“Programs” shall mean the Zest Content that may be delivered to you, in the course of providing our Services to you whether these are through our Subscription Plans or a one-off consultancy;
“Services” shall mean all services provided by us to you through the Zest Website or offsite in the form of subscription services;
“Subscription Fees” means our fees offered on a subscription basis in our Subscription Plans for access to, and use of, the Services and the Zest Website;
“Subscription Plan” means the chosen subscription option elected by you at the point of Order;
“Subscription Term” shall mean the term applicable to your subscription to use our Services.
2.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.3 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
2.4 A reference to a holding company or a subsidiary means a holding company or a subsidiary (as the case may be) as defined in section 1159 of the Companies Act 2006 [and a company shall be treated, for the purposes only of the membership requirement contained in sections 1159(1)(b) and (c), as a member of another company even if its shares in that other company are registered in the name of (a) another person (or its nominee) by way of security or in connection with the taking of security, or (b) its nominee]. In the case of a limited liability partnership which is a subsidiary of a company or another limited liability partnership, section 1159 of the Companies Act 2006 shall be amended so that: (a) references in sections 1159(1)(a) and (c) to voting rights are to the members' rights to vote on all or substantially all matters which are decided by a vote of the members of the limited liability partnership; and (b) the reference in section 1159(1)(b) to the right to appoint or remove a majority of its board of directors is to the right to appoint or remove members holding a majority of the voting rights.
2.5 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
2.6 A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision'
2.7 A reference to writing or written includes email.
2.8 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
2.9 A reference to this Agreement or to any other agreement or document referred to in these terms is a reference to this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
2.10 References to clauses are to the clauses of this Agreement.
2.11 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3. DISCLAIMER
3.1 If you decide to purchase any of our Programs by placing an Order to buy a Subscription Plan, you agree that they, or any Deliverables supplied by us, do not amount to psychological, medical or physical advice and simply constitute our own ideas, recommendations and opinions. You also agree that upon placing an Order with us where we are providing our Services to you, you will participate in the Programs at your own risk. The Programs are provided on an "as is" basis, and without warranty of any kind, either expressed or implied, including without limitation any warranty for information, provision of the Services, and coaching. We make no guarantees, warranties or representations about the provision of our Services and whether we will be able to produce any beneficial results.
4. INFORMATION ABOUT US AND HOW TO CONTACT US
4.1 Zest is a partnership project and entity evolved between Bournemouth Symphony Orchestra, Wellmoor (Moretonhampstead Development Trust), Villages in Action and independent dance practitioner Clare Parker. The registered office for this project is: Bournemouth Symphony Orchestra, 2 Seldown Lane, Poole, Dorset BH15 1UF.
4.2 Wellmoor is part of Moretonhampstead Development Trust (charity number 1105114), operating from Green Hill Fore Street, Moretonhampstead TQ13 8LL, acting as the subscriptions manager on behalf of Zest Active Arts.
4.3 You can contact us by emailing us at info@zestactivearts.org.
4.4 If we have to contact you, we will do so by telephone or by email. You may also contact us via the Zest Website.
4.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
5. HOW WE USE YOUR PERSONAL INFORMATION
“Controller”, “Data Subject”, “Processor”, “Personal Data” and “Personal Data Breach” in this Agreement shall have the meanings as defined in Data Protection Legislation
5.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation.
5.2 We have a separate Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us and where we act as a Controller of your data. Please take the time to read this, as it includes important terms which apply to you.
5.3 By accepting this Agreement, you consent to such processing, and you warrant that all data provided by you is accurate.
5.4 In so far as the provision of our Services and the use of the Zest Website involves us collecting, using, or holding or otherwise processing data obtained from you, which is Personal Data, we shall do so only in accordance with our Privacy Policy and in accordance with any lawful instructions given by you from time to time, and in accordance with the provisions of the Data Protection Legislation and your rights.
5.5 Where we act as a data Processor of your personal data, we confirm we shall comply with the Data Protection Legislation when processing Personal Data and following a written request from you, we shall provide such documentary information as may reasonably be requested by to demonstrate such compliance.
5.6 Where we do process Personal Data, the following provisions shall apply:
5.6.1 Each of the parties acknowledges and agrees that this sub-clause is an accurate description of the details of the processing of Personal Data by us;
5.6.1.1 The subject matter and duration of processing is providing movement and arts content;
5.6.1.2 The nature and purpose(s) of processing to provide movement and arts content;
5.6.1.3 Type(s) of Personal Data include information data, identity data, transactional data including the following: name, address, email address, financial information, telephone number, postal address;
5.6.1.4 Categories of Data Subjects – Clients.
5.6.2 We shall only process Personal Data in accordance with this Agreement, unless required to process such Personal Data for other purposes by applicable laws or regulatory authorities. In such circumstances, we shall provide you notice unless the relevant law or regulatory authority prohibits the giving of notice on important grounds of public interest.
5.6.3 The provisions of Articles 28(3)(b) to 28(3)(h) inclusive of the UK GDPR shall be incorporated into this Agreement by reference and we shall comply with the express obligations of a Processor as articulated in Articles 28(3)(b) to 28(3)(h) inclusive of the UK GDPR, provided that you may not instruct us to delete data that we hold on your behalf; and (b) the requirements of Article 28(3)(b) of the UK GDPR shall not apply to persons that we are required by applicable laws or regulatory requirements to grant access to of any such Personal Data.
5.6.4 You shall provide us with a general authorisation to engage further Sub-Processors who may process and access your Personal Data, to enable us to deliver our Services to you. We confirm we shall only engage Sub-Processors where they meet the requirements of Article 28 of the UK GDPR and where we consider them to be capable of providing the levels of protection for Personal Data required by this Agreement and under the Data Protection Legislation. We will monitor and review the performance of all such Sub-Processors regularly and we ensure high levels of due diligence are carried out before engaging any Sub-Processor.
5.7 You agree that to enable us to proceed under clause 5.6, we may transfer Personal Data outside of the UK to the European Economic Area, but, only where we have a lawful basis for that transfer, which shall include ensuring that the proposed transfer is based on adequacy regulations, or we shall ensure that there are appropriate safeguards in place pursuant to Articles 44-47 of the UK GDPR.
5.8 We agree that we shall notify you and without undue delay on becoming aware of any Personal Data Breach, which may affect you.
5.9 We shall take appropriate and technical organisational measures to ensure the adequate protection of your Personal Data which we will process when you subscribe to our Services.
5.10 You shall at all times be the legal owner of any Personal Data uploaded to the Zest Website and we shall ensure that we maintain integrity and confidentiality of that Personal Data.
6. OUR CONTRACT WITH YOU
6.1 Each Order by the Client to us, shall be an offer to purchase the Services as applicable, subject to this Agreement.
6.2 Upon submitting an Order with us, we will confirm with you whether we are able to offer you our Programs at your request. If we are unable to complete your Order howsoever, we will advise you of this.
6.3 Before making an Order, you will be given the opportunity to make amendments and we recommend that you check everything carefully before submitting your Order.
6.4 This Agreement will become binding on you and us when we confirm your Order in writing to you, either by email or via the Zest Website, at which point a contract will come into effect.
6.5 Where you place an Order to buy a Subscription Plan for the Subscription Term, you will be committing to have the appropriate Subscription Fees taken from your chosen payment method. Your Subscription Plan will continue until terminated. To use our Services you must have internet access, the ability to view the content on a Zest ready device (i.e. an internet -connected TV, computer, iPad or mobile device) and provide us with one or more Payment Methods.
6.6 Any amendments to the Order will only be effective, if agreed by us in writing.
6.7 We may offer a variety of Subscription Plans, in addition, we may give our users the opportunity to watch live or special events (including replays of such content) or to enjoy new additional features. Such content and new features may contain Advertisements independent of your Subscription Plan.
6.8 Each Zest Subscription Plan allows access for a single location – residential care homes or social care settings can access our Zest Content on multiple devices, but only within the address marked on their application. Subscription log-in details are not to be shared between different addresses, residential care homes or social care settings. We reserve the right to suspend access to our Services if you misuse this by sharing passwords and access details to the Zest Content with any person or entity outside of your Subscription Plan.
6.9 Individual subscriptions are not to be shared between individuals.
7. OUR RESPONSIBILITIES
7.1 Where our Zest Website contains links to other sites and resources provided by third parties, these links are provided for your information only but may contain affiliate links, where we have linked other businesses. We have no control over the contents of those sites or resources and we accept no liability for the content of third-party sites.
8. YOUR RESPONSIBILITIES
8.1 You agree to provide us with all information that is necessary to enable us to provide the Services to you.
8.2 Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of this clause shall not be our responsibility or fault.
8.3 You agree that you shall always comply with applicable Bribery Laws and any other Applicable Laws.
9. SUPPLY OF ZEST SERVICES AND DELIVERIES
9.1 Our Services and any content accessed through the Zest Website are for your use only and may not be shared with individuals beyond your setting or household unless otherwise allowed by your Subscription Plan. During your Subscription Term we grant you a limited, non-exclusive, non-transferable right to access the Services and Zest Content, subject to the terms of this Agreement and our Terms of Use. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Services for public performances except for non-commercial group viewings within your setting.
9.2 The Zest Services, including the content library, are updated regularly. In addition, we continually test various aspects of our Services, including the Zest Website, user interface and promotional features.
9.3 We shall use our commercially reasonable efforts to make the Zest Website available to you 24 hours a day, seven days a week, save for any planned or unscheduled maintenance work. However, as the Zest Website is provided on an “as is” basis, we cannot guarantee that access to the Zest Website will be free from disruption or always accessible and we shall not be liable to you for any reason you are not able to access our site.
9.4 We reserve the right to make any alterations to video content available on the Zest Website to improve the service or rendered necessary by unavoidable causes.
9.5 The quality of the display of the Zest Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges.
9.6 Passwords and Account Access: Your password is for the setting, individual or household named in the Order and should be kept confidential. If you allow others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the Subscription Plan. To help maintain control over the account and to prevent any unauthorised users from accessing the account, you should maintain control over the devices that are used to access the Services and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Zest or our partners from identity theft or other fraudulent activity.
10. SUBSCRIPTION FEES
10.1 Billing Cycle: The Subscription Fee for your Subscription Plan will be charged to your Payment Method on the specific payment date indicated on the "Account" page and in your Order. The length of your billing cycle will depend on the type of Subscription Plan that you choose when you signed up for the service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your Subscription Plan or if your paid subscription began on a day not contained in a given month. Visit the Zest Website and click on the "Billing details" link on the "Account" page to see your next payment date.
10.2 Payment Methods: To use the Zest Content you must provide one or more Payment Methods when you place an Order with us. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
10.3 Time of payment is of the essence. Where sums due under this Agreement are not paid in full by the due da
10.3.1 We may, without limiting our other rights, charge interest on such sums at 4% a year above the base rate of the sum from time to time in force; and
10.3.2 interest shall accrue on a daily basis and apply from the due date for payment until actual payment in full, whether before or after judgement.
10.4 We reserve the right to increase our fees as advertised by us or on our Zest Website from time to time, but where this may affect you, we will notify you of any increase.
10.5 If we have not received payment from you at the point upon which your Subscription Fees are due, and within 14 days after the due date, and without prejudice to our other rights and remedies as may be available to us, including the right to terminate, we may suspend our Services and your access to the Zest Website.
11. CANCELLATION RIGHTS
11.1 This Agreement shall commence on the acceptance of this Agreement and will remain in force until it is terminated by either you or us in accordance with clause 13.
11.2 If you are an individual entering into this Agreement, you have the right to change your mind and may cancel your Order or this Agreement before commencing the Services with us, subject to these terms. Any cancellation must be within 14 days from the date of Order and must be communicated to us in writing. To do this, you must formally notify us of your intention by written notice by emailing us or writing to us at info@zestactivearts.org. In the event that you have already received any benefit of our Services, these will be deducted from any refund due to you.
11.3 If you are entering into this Agreement as a business, we will only agree to a cancellation of our Services at our discretion, otherwise this Agreement shall remain in operation until the expiry of the Subscription Term.
11.4 Notwithstanding clauses 11.2 or 11.3, a monthly subscription can be cancelled at any time within the preceding month, by emailing info@zestactivearts.org. A yearly or quarterly subscription can only be cancelled in the month preceding the renewal date. If special circumstances apply, please email info@zestactivearts.org to request cancellation.
11.9 The provisions of this clause 11 does not exclude your statutory rights.
OUR LIABILITY TO YOU
12.1 You agree that you shall indemnify us and any successor to us, and to the extent required from time to time by us (or any such successor), our officers, agents, sub-contractors and employees, against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us or any successor to us arising out of or in connection with your negligence, misrepresentation or the breach of any obligation to be performed by you under this Agreement.
12.2 We will only be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of this Agreement or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
12.3 Our maximum aggregate liability for a breach of this Agreement (including any liability for the acts or omissions of its employees, agents or subcontractors) whether arising in contract, tort (including negligence), misrepresentation or otherwise shall in no circumstances exceed the price that you have paid to us under this Agreement for your Order, unless there is malice aforethought or gross negligence on our part. In any case, we shall only be obliged to compensate for personal and direct damage to you for which we are liable.
12.4 We make no warranty or representation that the Programs are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
12.5 Nothing in this Agreement seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors), or for fraud or fraudulent misrepresentation.
12.6 Nothing in this Agreement seeks to exclude your rights as a consumer. For more information about these rights, please refer to your local Citizens Advice Bureau.
13. TERMINATION OF THIS CONTRACT
13.1 We may end this Agreement with you at any time by contacting you if:
13.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
13.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is required to enable the Services to be provided to you by us; and
13.1.3 we wish to do so and for no reason.
13.2 This Agreement will automatically terminate upon completion of the Services by us to you, as long as all payments have been made in connection with this Agreement.
13.3 Without affecting any other right or remedy available, either party may terminate this Agreement if:
a) the other party commits a material breach of any term in this Agreement which is irremediable or (if such breach is remediable) fails to remedy such breach within 28 days after being notified in writing to do so;
b) the other party repeatedly breaches any terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement;
c) the other party suspends, or threatens to suspend payments of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed to pay its debts;
d) the other party commences bankruptcy or enters a voluntary arrangement with creditors.
13.4 On termination for any reason, all rights and licences granted to you under this Agreement will end and you will not be permitted access to the Zest Website or the Services.
14. PROMOTIONAL OFFERS
14.1 We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by Zest at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Clients with an existing or recent Subscription Plan may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Zest subscription membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 We own or licence all rights, title and interest in and to all of our Intellectual Property Rights including, but not limited to the copyright and trademarks in the Zest Website and our Services. Except as expressly stated in this Agreement, this Agreement does not confer any other rights or transfer of our intellectual property rights in the Zest Website and all rights not expressly granted are reserved by us. The structure, code, course materials and organisation of the Zest Website are the valuable trade secrets and Confidential Information of us.
15.2 You agree that you must not copy, duplicate, reproduce, modify, or create derivative works from or otherwise modify our Zest Website, the Services and any Deliverables provided to you.
16. CONFIDENTIALITY
16.1 During the term of the Agreement and for a period of five years thereafter, each party undertakes not to disclose any Confidential Information to any third party regarding the other party’s activities which may be deemed business or professional secrets without the other party’s consent. Information which the party states to be confidential shall always be deemed to be a business or professional secret.
16.2 The confidentiality obligation does not include such information which was in the other party's lawful possession before the disclosure; is lawfully disclosed to the receiving party by a third party without restriction on disclosure; is independently developed by the receiving party, which independent development can be shown by written evidence; or is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
16.3 Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
16.4 This clause shall survive termination of this Agreement, however arising.
17. WHOLE AGREEMENT
17. This Agreement constitutes the entire agreement between you and us regarding your Order and the available Programs and our provision of the Services.
18. MISCELLANEOUS
18.1 You may not transfer your rights or obligations under this Agreement, but we may transfer our rights under this Agreement to someone else.
18.2 Nobody else has any rights under this Agreement. This Agreement is between you and us.
18.3 The invalidity of one or more of the provisions of the Agreement between the parties does not affect the validity of the remaining provisions. In the event that a provision should be invalid, the parties shall replace it by a new provision that adheres as closely as possible to the objectives of the original provision.
18.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.5 The abstinence from, or failure to, exercise or enforce its rights by one party with respect to the other party will under no circumstances constitute a waiver thereof, unless such a waiver is in writing and signed by the waiving party. No waiver shall be deemed to be a waiver of any subsequent breach nor any breach of any other provision.
18.6 Neither party shall be deemed by virtue of this Agreement to be an agent or partner of the other and each party will make clear in all dealings with third parties that it has no authority to make representations on behalf of the other or to bind the other contractually with any third party.
18.7 The Agreement shall be governed by and interpreted in accordance with English law and shall be subject to the jurisdiction of the English courts.
18.8 The Contracts (Rights of Third Parties) 1999 shall not apply to this Agreement and person other than the parties to this Agreement shall have any rights under it.
18.9 Customer Support: We aim to support our Clients to get the best out of our Services and products. If you are an existing user and need assistance, please contact info@zestactivearts.org
18.10 If you wish to provide feedback, get in touch about additional features or make a complaint about Zest products and services, email info@zestactivearts.org
19. FORCE MAJEURE
19.1 The parties shall have no liability to each other under this Agreement if they are prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by a Force Majeure Event, provided that the other party is notified of such an event and its expected duration. Each party may in such case terminate this Agreement with one month's written notice served on the other if the Force Majeure Event makes it substantially more difficult for that party to perform its obligations under the terms of this Agreement.
DATA PROTECTION & PRIVACY
Data privacy has never been more important. Zest Active Arts is committed to keeping your personal data safe and secure, handling it in accordance with our legal obligations and respecting your privacy.
This Policy explains when and why Zest Active Arts collects personal information about people who visit our website and subscribe to Zest Active Arts, how we use it, the conditions under which we may disclose it to others and how we keep it secure. This includes the partner organisations who deliver Zest Active Arts; Wellmoor (a division of Moretonhampstead Development Trust), Bournemouth Symphony Orchestra and Villages in Action.
We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website, you’re agreeing to be bound by this Policy.
Introduction
Whenever you provide personal information, we will treat that information in accordance with the current UK General Data Protection Regulation (which superseded the EU GDPR on 1 January 2021) and related privacy legislation which are built around the principles of transparency and control, and we will aim to meet current internet best practice.
Data subjects have the following rights:
The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision-making and profiling.
There are seven data processing principles and six lawful bases for lawful processing, and we will ensure the security of the personal data that we process. However, the EU GDPR will still apply if we process EU residents’ personal data.
Who are we?
Zest Active Arts (“Zest”) is a partnership project between Bournemouth Symphony Orchestra, Wellmoor, Villages in Action and independent dance practitioners. The registered office for this project is: Bournemouth Symphony Orchestra, 2 Seldown Lane, Poole BH15 1UF.
Wellmoor is part of Moretonhampstead Development Trust (a charity registered no. 1105114 and company limited by guarantee (no. 5133939), operating from Green Hill Fore Street, Moretonhampstead, Devon TQ13 8LL and acting on behalf of Zest Active Arts to manage customer relations and subscriptions.
Bournemouth Symphony Orchestra is a charity registered No.208520 and a limited company registered No.538351, operating from 2 Seldown Lane, Poole, Dorset BH15 1UF.
Villages in Action is a Registered Charity No. 1086138 and a Company Limited by Guarantee registered in England & Wales No. 04171822 operating from 19 Shaldon Road, Combeinteignhead, Devon TQ12 4RG.
Your personal dataWe may collect, hold and process personal data about actual/prospective/former Zest Active Arts customers and service users (including users of our website), partners, business contacts and staff when you use our website or our partner websites. This could happen if you contact us about products and services, purchase a product online or receive a newsletter.
How is your information used?
Zest Active Arts holds and processes personal data for the following purposes, as applicable:
What type of information is collected from you?
The personal information we collect from our website might include your name, address, email address, IP address, and information regarding what pages are accessed and when. If you purchase a product from us, your card information is not held by us, it is collected by our third-party payment processors who specialise in the secure online capture and processing of credit/debit card transactions, as explained below.
In cases where you have consented to our use of your personal information for a specific purpose you have the right to change your mind at any time. Where we are using your information because we have a legitimate interest to do so, you have the right to object to that use.
We may store and use photographic images and video footage of customers. We will only do this with the appropriate permissions. To discuss this please contact our Customer Support Officer at info@zestactivearts.org.
Whenever we process data for the purposes outlined above, we will ensure that we always keep your personal data rights in high regard and take account of these rights. You have the right to object to this processing if you wish, and if you wish to do so, or to opt out of our communications, please contact info@zestactivearts.org. Please bear in mind that if you object this may affect our ability to carry out the tasks above for your benefit.
Zest Active Arts places great importance on the security of all personally identifiable information associated with our customers. We have implemented technology and policies to safeguard your privacy from unauthorised access and improper use and will continue to update these measures as necessary.
You have a right to access the personal information we hold about you at any time. If you wish to do this, please contact our Customer Support Officer at info@zestactivearts.org who will be in touch to gain the relevant identification from you, and will provide results of your access request within one calendar month.
We are legally required to hold some types of information to fulfil our statutory obligations. We will hold your personal information on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us.
Third Party data processors
website and other digital services. Some of these service providers will by necessity have access to or be directly involved in processing or storing a subset of the personal information you share with us.
We use third party suppliers’ systems to process data on behalf of Zest Active Arts (eg. cloud-based IT networks, CRM, email marketing and event booking systems) on a secure and confidential basis. All our third-party data processors have been carefully chosen as service suppliers who also practise responsible data handling. We believe that each has in place appropriate protections to ensure the security of the data we store or process with them and have clear policies for how they treat that data. But if in doubt you should review their individual privacy policies.
When we use third-party data processors we disclose only the personal information that is necessary to deliver the service. We will not share your data with other third parties without your permission or for commercial gain.
Zest Active Arts may disclose personal information if required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime, or if it believes that such action is necessary to protect and defend the rights, property or personal safety of Zest Active Arts, its premises or its visitors.
Before using or sharing your information with third parties in ways not described here or previously authorised by you, we will provide you with notice and an opportunity to control the further use or disclosure of your personal information.
Transfers outside of the UK or European Economic Area
Under certain circumstances we may transfer your information outside of the European Economic Area. We will only do this with your informed consent, when it is necessary to perform a contract we have with you or where the receiving organisation has adequate safeguards in place – for example certification under the EU-U.S. Privacy Shield framework.
Your choices
We consider it in the legitimate interest of yourself and Zest Active Arts, and an important part of your service, to contact customers regularly with relevant information in the form of regular newsletters and updates and, from time to time, with marketing information or to seek information about you and your views. You have a choice about whether or not you wish to receive information from us and you may opt out of these communications at any time by clicking unsubscribe on the email, but please bear in mind that if you opt out of these communications you may not receive information which will help you make the most of the benefits of a subscription. Should you choose to opt out we will still contact you regarding the administration of your subscription e.g. renewals and payments. We need to process your data in this way in order to carry out our contractual obligation to you and manage your rights. It is therefore not possible for subscribers to opt out of such communications.
We will not contact you for marketing purposes by email, phone or text message if you have indicated that you do not wish to be contacted. You can change your marketing preferences at any time by contacting us by email: info@zestactivearts.org.
General browsing and the Zest website
Our website is hosted by Nimbus Hosting Ltd, a UK-based data centre, and managed by Studio de Ville Ltd. When you visit our website or access one of the files stored on our web server, information about this request will be automatically stored in our log files to provide usage statistics, enable security features and aid technical troubleshooting. This is on the legal basis of legitimate commercial interests. In these cases, your IP address at the time acts as a unique identifier and is stored along with information about your operating system, browser version and the pages/files you access. These logs are retained on the server for up to 1 year, after which they are automatically deleted.
Google analytics
Like most organisations we use Google Analytics to help understand how our website is being discovered and interacted with and we use this information to help improve the experience for our visitors and make decisions about future development. Google Analytics presents us with aggregate information about the geographic location, device types and operating systems used by our website visitors, but not in a way that personally identifies you. Additionally, Google will record your computer’s IP address and set a number of temporary cookies in your browser to help distinguish you as an individual visitor as you move around our site. In the interests of limiting the amount of data Google collects via our site we are using Google’s standard Analytics implementation and have not enabled any additional advertising features, such as remarketing tags which would tie your usage of our site in with your broader browsing habits.
Email marketing
Rackspace provide our emails, and we use Mailchimp to facilitate communication with our subscribers and customers. So, when you choose to receive mailings, the email address and name you submit will be held securely by Nimbus Hosting, Rackspace, Mailchimp and the Zest Active Arts partners.
The Mailchimp servers are located in the US and so your information may be transferred to, stored, or processed outside of the UK. The US participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework, which certifies that it has adequate safeguards in place. Mailchimp and Rackspace will not share your information with any unauthorised third parties or contact you directly at any time.
You can update your details or opt-out of our emails at any time using the ‘Unsubscribe’ or ‘Email Preferences’ links found at the bottom of every email we send or by logging in to your online account and changing your contact preferences. If you unsubscribe, both Nimbus Hosting and Mailchimp will retain your email address for the purposes of a suppression list to ensure that no further marketing messages can be sent unless you actively choose to opt-in again.
In addition to the information you supply at sign-up, Nimbus Hosting and Mailchimp will also capture data about your interactions with our emails and website, such as which links you click within an email and which pages you go on to visit on our website. It does this using a combination of tracking pixels and cookies. You can learn more about those in the Cookie policy.
How you can access and update your information
The accuracy of your information is important to us. In the meantime, if you change email address, or any of the other information we hold is inaccurate or out of date, you can change it on your online account or please email us at: info@zestactivearts.org.
You have the right to ask for a copy of the information that Zest Active Arts partners hold about you. We will carry out these requests as promptly as we can and to the best of our ability.
Booking Products and Services
When booking products or services you will complete a booking form which then sends a form to our email servers. Online and card payments are processed by Stripe, a UK payment processing company which has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.
The information you provide, which includes your name, telephone number, postal address and email address is then inputted into our main database. This information will be available to us for our legitimate interest in keeping financial records, controlling access to our products and services and providing attendees with essential information.
Security precautions in place to protect the loss, misuse or alteration of your information
Any sensitive information (such as credit or debit card details) is encrypted on disk with AES-256.
When you are on a secure page, a lock icon will appear on the bottom of web browsers such as Microsoft Internet Explorer. Non-sensitive details (your email address etc.) are transmitted normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.
Emailing us
When you send us an email, either through the contact form on our website or to an individual member of staff, we will collect your email address and any other information you provide within your email.
Microsoft is our email service provider so any emails you send us will be stored on their servers. Therefore, your email and any associated personal data may be transferred outside of the European Economic Area to servers located in the USA. Microsoft’s certification under the EU-U.S. Privacy Shield Framework commits it to maintaining appropriate safeguards for international data transfers.
The information you provide will only be processed in relation to the purpose of your correspondence with us. We have no fixed retention period for email correspondence, but we are committed to only storing your data for no longer than is necessary to serve our legitimate interests of record keeping or to perform a contract we have entered into with you.
Use of 'cookies'
Like many other websites, Zest Active Arts and our partner websites use cookies. 'Cookies' are small pieces of information sent by an organisation to your computer and stored on your hard drive to allow that website to recognise you when you visit. They collect statistical data about your browsing actions and patterns and do not identify you as an individual. For example, we use cookies to store your country preference. This helps us to improve our website and deliver a better more personalised service. See our Cookie Policy for more details.
Links to other websites
Our website may contain links to other websites run by other organisations. This privacy policy applies only to our website and we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.
In addition, if you link to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.
Personal data breaches
Zest Active Arts and our trusted providers are committed to keeping any personal data held on individuals safe. For this end, any of our repositories held digitally are password protected and/or securely held in locked cupboards. Any information exchange with third parties for processing, for example a mailing company used to send out Zest Active Arts information, any files will be encrypted with password protection also. Data will be held for an appropriate amount of time so as to comply with other statutory regulations or while a customer continues to have regular involvement with Zest Active Arts. Should personal data cease to be of any use then it will be deleted or destroyed – usually within 5 to 7 years. A breach is considered any loss, alteration, unauthorised disclosure of, or access to, personal data. We are committed to disclosing any personal data breaches that might adversely affect your rights and freedoms without undue delay so that you can take appropriate action. Any notifiable breaches will also be reported to the UK’s Information Commissioner’s Office within 72 hours. This includes breaches affecting the third party services identified in this privacy policy, where personal data is being held on our behalf.
Questions & access requests
The Data Protection Act (DPA) 2018 gives you the right to know what personal data we hold, to have it updated if it is inaccurate or removed entirely if you no longer consent to our use of it. We will endeavour to respond to any such requests within one month confirming receipt and outlining what follow-up actions will be taken and when.
We also welcome questions about our Privacy policy and these or any access requests should be directed to our Customer Support Officer at info@zestactivearts.org, or via post at: Wellmoor, Moretonhampstead Development Trust, Green Hill Fore Street, Moretonhampstead, Devon TQ13 8LL.
Policy changes
We keep this Policy under regular review. This Policy was last reviewed on 7.05.2024. Any updates we may make to our Privacy policy in the future will be published on this page.
COOKIES POLICY
A cookie is a small piece of data stored on your device by your web browser. They are used to personalise the content that you see and help us to provide you with the best experience of this website.
Removing or disabling cookies
You may choose to remove or block cookies at any time by adjusting your browser settings but, in some cases, this may limit your experience of our website’s functionality.
Our use of cookies
Information is collected from you when you register with us from contributing to the advanced features on this website, including (but not limited to) purchasing products & services.
Cookies from Zest Active Arts do not contain personal information, although they may contain reference to personal information stored in the Zest Active Arts database.
The cookies on our website
Registration cookies
These values act as an anonymous identifier, one of which is stored in a database, alongside any information you may give us (such as your email address).
Session cookies
A session cookie will be used to store information about your login details. This cookie only remains for the duration of your visit to the website.
Third-party cookies
Third-party cookies are added from websites outside of our own and allow us to collect advertising data in order to improve the effectiveness of our digital advertising. The third-party cookies we use are from the following websites:
Google Analytics
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, the pages they visited and the IP geolocation of the device being used. Advertising identifiers are also used. For more information, visit Google’s Data Policy here.
If you have any questions about this information, please contact us on info@zestactivearts.org and we will endeavour to get back to you as quickly as possible.
PARTNER INFORMATION
Wellmoor
Part of Moretonhampstead Development Trust, Registered Charity No. 1105114 and Company Limited by Guarantee no. 5133939.
Bournemouth Symphony Orchestra
Registered Charity No.208520 and a Limited Company Registered No.538351.
Villages in Action
Registered Charity No. 1086138 and a Company Limited by Guarantee Registered in England & Wales No. 04171822.
Ask us anything and find out more about Zest Active Arts -
contact Katie at info@zestactivearts.org