Membership Terms

1. These terms
1.1 These are the terms and conditions on which we offer you membership.
1.2 Please read these terms carefully before you apply for membership. These terms tell you who we are, what we will do for you, how you and we may change or end these Membership Terms, what to do if there is a problem and other important information.
1.3 These terms constitute the entire agreement between us in relation to your membership. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

2. Information about us and how to contact us
2.1 I am Cindy Gale trading as HSPconnect. I am a sole trader.
2.2 You can contact me at email address cindy@cindygalehsp.com.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your application.
2.4 When we use the words "writing" or "written" in these terms, this includes e-mails but not faxes.

3. Our contract with you
3.1 Our acceptance of your membership application will take place when we e-mail you to accept it, at which point a contract will come into existence between you and us. There is no obligation for us to accept your application, which is at our discretion.
3.2 Our website is solely for adults in the UK acting outside of business. Unfortunately, we do not accept applications from people based outside the UK at this stage.

4. Membership Services
4.1 As part of our service to members, we create a profile for you on the members-only part of our website and show your approximate home location on our members’ map. We facilitate an open forum and a closed chat room for members to support one another. We do not actively check, approve or delay publication of any content uploaded by members, but if you have concerns about particular content, please contact us at cindy@cindygalehsp.com.
4.2 We may have to suspend our services, which may make the website unavailable in whole or part, to:
4.2.1 deal with technical problems or make minor technical changes;
4.2.2 update the content to reflect changes in relevant laws and regulatory requirements; or
4.2.3 make changes to the content as requested by you or notified by us to you.

5. Our rights to make changes
5.1 We may make minor changes to the services provided from time to time to reflect changes in relevant laws and regulatory requirements and implement minor technical adjustments and improvements.
5.2 If we make more significant changes to the services that are detrimental to you, we will notify you and you may then terminate your membership and receive a refund that is proportionate to the period of time from termination to the date up to which you have already paid.

6. Membership fees
6.1 Our current membership fees are £49 per year, paid in advance. These may change at any time, but the change will only apply to a new application or renewal.
6.2 Membership fees are exclusive of any applicable VAT, which you must pay in addition if we become VAT registered, although this is not anticipated to happen in the near future.
6.3 Payment shall be made via our payment contractor, currently Stripe, which accepts all major credit cards.
6.4 Membership fees for each year must be paid in full (without any set-off, counterclaim, deduction or withholding) in advance at the time of registration or renewal.
6.5 If you do not pay us the relevant membership fee when due and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend your online profile until you have paid us the outstanding amounts and / or charge you interest on your overdue payments. Interest is charged at 4% per year above the base lending rate of the Triodos Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

7. How we may use your personal information
Please see our Privacy Notice here in relation to what information we may obtain about you and how we may use this.

8. Your obligations
8.1 You shall:
8.1.1 co-operate with us in all matters relating to the membership services;
8.1.2 provide us with such information as we may reasonably require in order to supply the membership services, and ensure that such information is complete and accurate in all material respects;
8.1.3 comply with our Community Guidelines (in relation to the information you publish on our website, whether on the Forum or within a Chat) – we may remove any content that we believe, at our absolute discretion, fails to comply or is otherwise inappropriate; and
8.1.4 not knowingly introduce any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful to our website.

9. Linking to our website
9.1 You may link to our home page (but not to any other page), in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.2 You must not establish a link to our website in any website that is not owned and used by you.
9.3 Our site must not be framed on any other website, nor may you create a link to any part of our site other than the home page.
9.4 We may withdraw linking permission at any time.

10. Intellectual property rights
10.1 As between you and us, all intellectual property rights in relation to our website shall belong to us.
10.2 Please do not upload anything that is protected by intellectual property rights, whether owned by you or a third party, as we cannot ensure that other people will not copy such material for their own purposes.

11. Limitation of our liability
11.1 Nothing in these Membership Terms shall limit or exclude our liability for:
11.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
11.1.2 fraud or fraudulent misrepresentation; or
11.1.3 any other liability which cannot be limited or excluded by applicable law.
11.2 Subject to clause 11.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, for:
11.2.1 any business loss – you must be an individual acting outside of any trade or business to be a member;
11.2.2 use of, or inability to use, our website (or part of it);
11.2.3 use of or reliance on any content uploaded onto our website by (or on behalf of) any other member or third party (not acting on our behalf) – any such opinions, advice, statements, services, offers, or other information are those of the authors and not of us and we do not necessarily endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made on the website;
11.2.4 any contact you have with any other member, whether you meet them via the website or not – we do not carry out any checks on members and we cannot guarantee that everything a member says is correct or that they have appropriate intentions;
11.2.5 the actions (or inactions) of any other member;
11.2.6 any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material; or
11.2.7 the content of any websites linked on our site - such links should not be interpreted as endorsement by us of those websites and we will not be liable for any loss or damage that may arise from your use of them.
11.3 This clause 11 shall survive termination of these Membership Terms.

12. Termination
12.1 You may terminate or suspend your membership:
12.1.1 within 14 days of submitting your application, whatever your reason, and receive a full refund of any prepaid fee – please contact us at cindy@cindygalehsp.com to cancel within this time period;
12.1.2 at any other time, but you will not receive a refund in this situation unless you are terminating due to a material breach by us of these terms – if you are unhappy with our services, please contact us at cindy@cindygalehsp.com and we will consider your concerns.
12.2 We may terminate or suspend your membership at any time:
12.2.1 if you breach these Membership Terms (including by failing to pay on time) or the Community Guidelines, in which case you shall not receive any refund – we may warn you in writing first if we feel that this is appropriate in the circumstances; or
12.2.2 at our discretion, in which case we shall refund you a proportionate amount of the membership fee paid for the year in which we terminate.
12.3 Termination and suspension do not affect any other rights or remedies available to either party.

13. Consequences of termination
13.1 On termination or expiry of membership:
13.1.1 you shall immediately pay to us all unpaid membership fees due in relation to the period ending on termination, together with all due interest; and
13.1.2 we shall, within 30 days of termination, unless agreed otherwise, remove your profile and all information on our site about your courses and school (except for publicly available information, which we may retain on our site at our absolute discretion).
13.2 Any provision of these Membership Terms that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Membership Terms shall remain in full force and effect.

14. General
14.1 Force majeure. We shall be in breach of these Membership Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Membership Terms if such delay or failure result from events, circumstances or causes beyond our reasonable control.
14.2 Assignment and other dealings. You may not assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of your rights and obligations under these Membership Terms.
14.3 Entire agreement. These Membership Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party acknowledges that in entering into these Membership Terms it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Membership Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Membership Terms. Nothing in this clause shall limit or exclude any liability for fraud.
14.4 Variation. Except as set out in these Conditions, no variation of these Membership Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
14.5 Severance. If any provision or part-provision of these Membership Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Membership Terms.
14.6 Notices. Any notice or other communication given to a party under or in connection with these Membership Terms shall be in writing and shall be sent by e-mail to cindy@cindygalehsp.com if to us and to your last supplied email address if to you. Any notice or other communication shall be deemed to have been received at the time of transmission. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.
14.7 Governing law and Jurisdiction. These Membership Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.