Terms and Conditions

Version 1.0 – Published 1 October 2024.

These terms and conditions are the contract between you and The Friends of Park Hill CIC (“us”, “we”, etc).
They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

We are:
The Friends of Park Hill CIC, a community interest company registered in England and Wales, number 5444746.
Our address is The Friends of Park Hill CIC, Electric Works, 3 Concourse Way, Sheffield S1 2BJ.

You are:
Any Consumer who uses Our Website, purchases products from Our Website or joins our Membership Programme.

Please read this agreement carefully and save a copy for your records. If you do not agree with it, you should leave Our Website immediately.

The headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.


These are the agreed terms:

1.0 Definitions

1.1 “Consumer” means any individual who, in connection with this agreement, is acting for a purpose which is outside their business.

1.2 “Content” means the textual, visual, or aural Content that you encounter as part of your experience on Our Website. It may include, among other things, text, images, sounds, videos, and animations.

1.3 “Membership” means the Friends of Park Hill membership programme as set out on Our Website and in this contract.

1.4 “Services” means all of the services available from Our Website, whether free of charge or as part of our Membership programme.

1.5 “Carrier” means any person or business contracted by us to carry Goods from us to you.

1.6 “Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, Goods we sell to you.

1.7 “Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages we control.

1.8 “Events” means talks, conferences, exhibitions, meetings, tours, walks or other activities organised by Us or third parties on our behalf.

1.9 “Payment Service Providers” means any company we use to process credit and debit card payments, direct debits, recurring billing or other financial transactions on our behalf. Our current provider is Stripe, Inc., whose privacy policies can be found at https://stripe.com/gb/privacy



2.0 Our Contract

2.1 These terms and conditions regulate the business relationship between you and Us. By purchasing a Membership, purchasing Goods through Our Website, ordering tickets for Events or visiting or using Our Website, you agree to be bound by them.

2.2 In entering into this contract, you have not relied on any representation or information from any source except the definition and explanation of the Services, Events, Goods or Membership given on Our Website.

2.3 We may change any aspect of this agreement at any time without giving notice. The version applicable to your contract is the version posted on Our Website at the time the contract was made.

2.4 This agreement contains the entire agreement between You and Us.



3.0 Friends of Park Hill Membership

3.1 Details of the cost and benefits of Membership are as set out on Our Website. You may become a member at any time.

3.2 The Membership terms that apply to you are those posted here on Our Website on the day you join as a member.

3.3 Membership of the Friends of Park Hill is a way to support our work and receive Membership benefits. It does not confer voting or similar rights on members nor influence over any aspect of the company or its operations.

3.4 We reserve the right to reject any application to join the Friends of Park Hill without providing any reason.

3.5 We reserve the right to reject any discounted or discretionary price for Membership where you cannot provide evidence of your entitlement to that discounted or discretionary rate.

3.6 The contract between us comes into existence only when we write to you to confirm that we have accepted your Membership application. Your payment does not create a contract. If we decline to accept your Membership application we shall refund your Membership fee to your payment card within 14 days.

3.7 Membership benefits are only available to the named Member and are not transferrable.

3.8 We reserve the right to modify the benefits available as part of your Membership at any time without notice. We will send a message to your last known email address to inform you of the changes. Your continued use of your Membership after this will signify your acceptance of these changes.

3.9 We reserve the right to change your Membership price at any time. We will send a message to your last known email address to inform you of the changes which will take effect when your Membership next renews.

3.10 Your Membership subscription will last for one calendar year from the payment date.

3.11 Your Membership subscription will automatically renew annually at the prevailing rate on the anniversary of your first payment unless cancelled by you or terminated by us.

3.12 At least seven days before your renewal, we shall send you a message to your last known email address to tell you that your Membership is about to expire and will be renewed.

3.13 At any time before your Membership automatically renews, you may use the “Membership” section on Our Website to access your Membership information and cancel renewal.

3.14 When your Membership expires, we will automatically charge your payment card the sum specified in the email sent earlier and confirm your Membership renewal by sending a message to your last known email address.

3.15 You may cancel your Membership within 14 days of our confirmation of your initial Membership acceptance or within 14 days of your annual renewal. If you do so, we will refund your Membership cost within 14 days of your return of your initial/renewal membership pack.

3.16 We reserve the right to terminate your Membership by sending you notice to that effect by post or message to your last known email address if We believe your behaviour on Our Website, at our Events, on social media or elsewhere in any context is detrimental to Our aims and objectives, negatively impacts other members or for any other reason We deem necessary.

3.17 Other than as set out in section 3.15 above, Membership is non-refundable, whether terminated by You or Us.



4.0 Purchase of Goods

4.1 We do not guarantee that Goods advertised on Our Website are available.

4.2 The price payable for the Goods that you order is clearly set out on Our Website.

4.3 We may change the price of Goods at any time. We will never change a price so as to affect the price charged to you when you buy those Goods.

4.4 We do not sell the Goods in all countries. If you live in a country we do not serve, we may refuse to deliver the goods.

4.5 If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

4.6 You acknowledge that, in buying Goods from Us you are not relying on any representation, warranty, information ordocument or other term not forming part of this agreement.

4.7 Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you.

4.8 We may decline to supply the Goods to you without giving any reason at any time before they are despatched. If we decline to accept all or part of your order, we shall refund all or part of your payment to your payment card within 14 days.

4.9 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.

4.10 If you are not in the UK, You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country. We have no knowledge of, and no responsibility for, the laws in your country.

4.11 If you have purchased from us as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 then you may cancel your order subject to the rules of cancellation set out below in 4.12 – 4.15 inclusive.

4.12 If you have ordered Goods but have not received them, you may cancel your order without giving a reason at any time within 14 days of your order. You will have no obligation and we will return your money.

4.13 If you have ordered Goods and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14-day period.

4.14 You are responsible for the cost of returning the Goods. We are not obligated to refund your cost of repacking and returning the Goods.

4.15 We will refund your purchase only if We receive the Goods in a condition in which we can resell them at full price: in new condition, with labels and packaging intact.

4.16 Please examine any Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.

4.17 Should any Goods purchased from us subsequently be found to be defective you may return them to us as soon as any defect is discovered but not later than six months from receipt by you.

4.18 If we agree that the Goods are faulty, we will replace them or refund the full cost you have paid, including the cost of returning them.

4.19 You must tell us by email message to hello@friendsofparkhill.org that you would like to return Goods, specifying exactly what Goods and when purchased, and giving details of any defect or reason for return. We will then issue a return number.

4.20 You must return the Goods to the address specified by us and clearly quote the return number inside the packaging with the Goods. If we cannot identify the sender this may delay or prevent the processing of your refund.

4.21 Refunds will be made to the card originally used for the purchase within 14 days of receipt of the returned goods.

4.22 We aim to ship all orders within 3 working days from the day you place an order to purchase the Goods. However, you should allow up to 30 days for dispatch.

4.23 We will email you to let you know when we have dispatched your order. This email may include tracking information for your delivery (where our chosen Carrier provides this service).

4.24 By placing an order, you consent to us providing the Carrier with your email address and/or mobile number so that they may provide you with updates on delivery and/or contact you if there is an issue with the delivery. (Note that not all Carriers we use provide this service.)

4.25 Your order may arrive in multiple shipments and some parts of your order may be shipped directly from the manufacturer.

4.26 The Carrier will only deliver to the address stipulated in your order. You must ensure that someone is present to accept the delivery.

4.27 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us or where the Carrier takes photographic or other electronic evidence of successful delivery.

4.28 When your Goods arrive, it is important that you check their condition and quantity immediately. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.

4.29 Signing “Unchecked”, “Not Checked” or similar is not acceptable.

4.30 Any timeframes for delivery specified on Our Website, in your order confirmation, or dispatch notification, if any, are estimates only and time shall not be of the essence.



5.0 Events

5.1 These terms apply only to tickets for Events We sell or distribute on Our Website. We may use a third-party ticketing platform or venue box office for some events, in which case their terms and conditions would apply instead.

5.2 These terms apply equally to Event tickets You buy and those We distribute for free.

5.3 If you book tickets for Events on behalf of others, you accept these terms and conditions on behalf of all members of your party.

5.4 Information regarding Events is correct at the time of publication on Our Website. We accept no liability for late changes to Event programmes or where an advertised speaker(s) cannot attend or any other aspect(s) of the advertised Event is changed.

5.5 If you or a member of your party cannot attend an Event, We will refund the face value of any tickets purchased on Our Website, provided you request the refund by emailing hello@friendsofparkhill.org at least 48 hours before the Event’s scheduled start. We do not offer refunds on tickets after this time.

5.6 Where Event tickets have been purchased through a third-party ticketing platform or venue box office, their refund policy will apply instead.

5.7 If an Event is cancelled before its scheduled start, We will notify You and refund the face value of any tickets purchased on Our Website. We will refund the card originally used to make the purchase within 14 days of the cancellation.

5.8 If an Event is cancelled or curtailed during the Event, we will only refund the face value of any tickets purchased on Our Website where less than 50% of the published running time of the Event has elapsed. We will refund the card originally used to make the purchase within 14 days of the cancellation.

5.9 Where Event tickets have been purchased through a third-party ticketing platform or venue box office, their cancellation policy will apply instead.

5.10 Where an Event is cancelled or curtailed, We will not be responsible for any loss or ancillary expenditure incurred, including (but not limited to) travel, accommodation, and food.

5.11 Tickets are non-transferable to other events and not for resale through third-party sites. Reselling a ticket for profit or commercial gain will make it void, and the holder may be refused entry or removed from the Event.

5.12 We do not issue paper tickets. You must bring your e-ticket or booking confirmation with You to the Event. (You do not need to print these; you can show them on your phone for entry.) We will not be responsible for any loss if You, or any member of your party, cannot access an Event due to being unable to produce a valid ticket or booking confirmation.

5.13 All ticket offers, including Membership discounts, are subject to availability. We reserve the right to add or remove discounts and to change ticket prices at any time. Only one discount type applies per ticket. Proof of status may be requested.

5.14 If You arrive late for an Event, You may have to wait for a suitable break before being admitted into the venue.

5.15 We reserve the right to refuse admission to an Event or ask you to leave if We feel your behaviour is likely to cause damage, injury, or annoyance or if you don’t respond to Our reasonable requests. No refunds will be offered in this circumstance.

5.16 By purchasing or requesting a ticket for an Event, You and all other members of your party consent to being photographed, recorded, and filmed. You further agree that We may use your image and voice for marketing or other business purposes (including licensing to third parties) without further approval or payment in perpetuity in any media.

5.17 We cannot be held responsible for loss or damage to personal property brought to Our Events unless caused by the negligence of Our directors, officers, employees, subcontractors or agents.



6.0 Your account and personal information

6.1 When you visit Our Website, we may allow you to create an account to access Goods or Services, some of which may only be available if you hold a current Membership.

6.2 You accept responsibility for any action(s) done by any person in your name or under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

6.3 You agree that you have provided accurate, up-to-date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

6.4 You agree to notify Us of any changes in your information immediately it occurs. If you do not do so, We may terminate your account.



7.0 Security of your payment card information

7.1 We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online Payment Service Providers who will encrypt your card or bank account details in a secure environment.

7.2 If You have asked for your payment card information to be saved for your next purchase or to fund an ongoing Membership subscription, our Payment Service Providers will securely store your payment details on their systems. These details will be fully encrypted and only used to process your automatic Membership payments or other transactions which you have initiated or authorised.



8.0 Security of Our Website

8.1 We will report all attempts to circumvent the security of Our Website to the Police or other relevant authorities. If you violate or attempt to violate Our Website, we shall take legal action against you.

8.2 You agree that You will not modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

8.3 You agree that you will not link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser.

8.4 You agree that you will not download any part of Our Website, without Our express written consent; collect or use any product listings, descriptions, or prices; collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.

8.5 You agree that you will not aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services.

8.6 You agree that you will not share any login credentials to Our Website with a third party.

8.7 You agree to take all reasonable steps and precautions to prevent any other person over whom you have control from breaching clauses 8.2 to 8.6 inclusive.

8.8 Despite the above terms, we now grant a licence to You to create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission.

8.9 You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

8.10 This licence is conditional upon your not portraying Us or any Goods or Services in a false, misleading, derogatory, or otherwise offensive manner.

8.11 Some Content on Our Website is licenced to us by third parties; you should ensure that any Content used as part of your link does not include this licenced Content and agree to indemnify us against any claim due to your unlicensed use of this Content.

8.12 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

8.13 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.



9.0 Disclaimers and limitation of liability

9.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows.

9.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

9.3 We make no representation or warranty that the Services will be: useful to you; of satisfactory quality; fit for a particular purpose; available or accessible, without interruption, or without error.

9.4 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

9.5 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding the 12-month period for the Services concerned.

9.6 We shall not be liable to you for any loss or expense which is: indirect or consequential loss; or economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.

9.7 You acknowledge that Our Website and any of our Services may be interrupted or unavailable for many reasons beyond our control. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to Our Website or Services.

9.7 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999.

9.8 If you become aware of any breach of any term of this agreement by any person, please get in touch with Us. We welcome your input, but do not guarantee to agree with your judgement.



10.0 Indemnity

You agree to indemnify Us against any loss, damage or liability suffered by Us at any time and arising out of:

10.1 any act, neglect or default of Yours in connection with this agreement or your use of the Services;

10.2 your breach of this agreement;

10.3 your failure to comply with any law;

10.4 a contractual claim arising from your use of Our Website or Services.



11.0 Complaints

11.1 If you are unhappy with our Services or have any complaints, email us at hello@friendsofparkhill.org or write to Us at our registered address as detailed above.

11.2 The company’s directors will review all complaints and respond within 28 days, setting out their decision and reasoning, along with how they intend to rectify the issue (where applicable).

11.3 If a dispute cannot be settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with Us in a process of mediation or arbitration with an appropriate third party.



12.0 Miscellaneous matters

12.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

12.3. If you are in breach of any term of this agreement, we may terminate your account, terminate your Membership, refuse access to Our Website, Events or other Services, cancel any order at our discretion and/or issue a claim in any court.

12.4 Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

12.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

12.6 Any communication to be served on either of the parties by the other shall be delivered by first class post or by email to their last known email address. It shall be deemed to have been delivered 48 hours after posting for items sent by mail and 24 hours if no notice of non-receipt has been received by the sender for items sent by email.

12.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.

12.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.

12.9 The laws of England and Wales shall govern the validity, construction and performance of this agreement, and you agree that any dispute arising from it shall be litigated only in that country.





Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.



How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.



Model cancellation form

To: The Friends of Park Hill CIC, Electric Works, 3 Concourse Way, Sheffield S1 2BJ.

I/We hereby give notice that I/we cancel my/our contract of sale of the following products:

Ordered on/received on:

Name:

Address: