PTA Membership by Parentkind terms and conditions
We are Parentkind, a company registered in England and Wales with company number 03680271. The Membership Form, together with the T&Cs, form the Agreement between us and you.
When we refer to “you” or “your” in the T&Cs, we mean the organisation named on the Membership Form.
The Membership Form and these T&Cs replace and exclude any other terms that you try to impose or incorporate, or which may be implied into our relationship.
1. Membership Form
1.1 If there is any conflict between the provisions of the Membership Form and these T&Cs, the Membership Form shall prevail.
1.2 The Membership Form is an offer by you to become a member of Parentkind subject to these T&Cs. Your Membership Form is only accepted when we process your payment and confirm acceptance in writing to you, at which point your membership of Parentkind (Membership) will begin.
1.3 Your Membership Form must identify a minimum of one active committee member of your organisation authorised to act on your behalf to be responsible for your Membership and provide valid contact information (including an email address and phone number) for them. This contact should be either the Chair, Treasurer or Secretary of the association.
1.4 Web administration rights will automatically be assigned to the most recent contacts we have listed as Chair, Treasurer and Secretary. It is the responsibility of these web admins to keep all contact details up to date and remove any contacts who are no longer part of the association.
1.5 Where necessary, in the event we cannot contact, or if we have no response from the designated Chair, Treasurer and Secretary, we reserve the right to contact all listed affiliated contacts, and will attempt to contact these other affiliated contacts or the school.
1.6 You must ensure that the information you provide to us (including the details on the Membership Form) is correct (and inform us if any information changes) and co-operate with us in all matters relating to your Membership.
1.7 Organisations which are not directly associated with a school may submit a Membership Form, but (as with all Membership Forms) we can choose whether to accept or reject a Membership Form at our sole discretion. We may request copies of governing documents or other information as part of our decision making process.
2. Membership and Benefits
2.1 During, and as part of, your Membership:
2.1.1 You will have access to benefits and content available in the My Account area on our website and otherwise made available by us (Benefits); and
2.1.2 You will (if you are located in England, Wales and Northern Ireland) have the benefit of a public liability insurance policy (Policy).
2.2 To take access and take advantage of any Benefits available through the My Account area our website. Members of your committee, and any other authorised users associated with your Membership (Users) will need to register for an account through our website. Users may be subject to additional terms of access, and you must ensure that any Users comply with those terms. We reserve the right to suspend or terminate User accounts if we reasonably suspect they are in breach of any applicable terms of access or this Agreement.
2.3 We continually review and update our Benefits, and reserve the right to amend, remove or replace any Benefits as we see fit. We make no guarantee that access to our website or the My Account area will be uninterrupted or error free.
2.4 Full details from our insurer of the Policy are available on our website. The Policy is not provided by us and any claims, concerns and incident reporting should be directed to our insurer using the contact details provided to you. You will need to comply with the terms of the Policy in order to ensure you are effectively covered by it. We are not responsible for the content or fulfilment of the Policy, or for the acts or omissions of our insurer. At any time our insurer may amend the Policy according to its terms, and we may use a different insurer to provide an equivalent Policy.
2.6 We may provide information on, referrals to, or discounts or recommendations for, products or services provided by third parties. We have no control over those third parties, or their products or services, and we are not responsible for those third parties or their products or services. You use the products or services of such third parties at your own risk and any contract will be with them, and we are not responsible for your relationship with them.
2.7 Any content provided as part of our Benefits is for general information and guidance only. Although we make reasonable efforts to update content, we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such content, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The content is not intended as legal or other advice. Nor is it intended to be a substitute for possession of an appropriate level of training, qualifications, skill and experience in the matters covered. You rely on such content at your own risk and you assume sole responsibility for your use of the content, and we will have no liability for any reliance you place on the content. We make no representations, warranties or guarantees, whether express or implied, that the content provided as part of our Benefits is accurate, complete or up to date.
3. Fees and renewal
3.1 Your Membership fee is set out on the Membership Form, and is payable annually in advance of your renewal. You must ensure that any information provided on the Membership Form used to calculate your fee is accurate, and you update us of any changes to that information which mean a higher Membership fee applies. We reserve the right to charge you backdated fees if we discover that your Membership fee has been calculated on the basis of incorrect information.
3.2 Any increase in Membership fees will be notified to you before your next renewal.
3.3 Your Membership runs for 12 months from the beginning of your Membership, and can be renewed for further 12 month periods (Renewal Periods) subject to these T&Cs. If we do not receive payment for the next Renewal Period before the end of your initial 12 month Membership, or any Renewal Period, your Membership will expire. If we do receive payment for the next Renewal Period in that time, your Membership will automatically renew for a further 12 months.
3.4 If your Membership expires you will no longer be covered by the Policy unless and until your Membership is reactivated, and any rights associated with your Membership will terminate, although we may, at our discretion, allow continued access to the Benefits (but not the Policy) for up to 30 days.
3.5 Your Membership will only be reactivated when we receive payment for the next Renewal Period. Your Renewal Period will run from:
3.5.1 the original data of expiry, if we receive payment for a Renewal Period within 30 days after the expiry; or
3.5.2 the point when we receive payment, if we receive payment for a Renewal Period more than 30 days after the expiry.
3.6 If you wish to terminate your Membership or cancel any renewal, you must notify us in writing at least 10 working days (being any weekday other than a public holiday in England when banks in London are open for business) before the end of your initial 12 month Membership, or any Renewal Period. Any payment received after this point will not be refunded, and your Membership will renew for a further Renewal Period.
3.7 Membership fees are not refundable unless your school is due to close or merge within the relevant Membership period. In such cases, you must notify us in writing, and provide any documentary evidence we require, following which we will terminate the agreement on written notice and provide a pro-rated refund of your fees relating to any unexpired period of your Membership (minus a £10 admin fee).
3.8 Payment receipts are only available online through your Membership area.
3.9 We only accept payment by direct debit, credit card, bank transfer, or BOPP.
3.10 All our fees and charges are payable in full without any set-off.
3.11 It is your associations responsibility to inform Parentkind of significant changes in the schools pupils numbers which could alter your annual membership fee. Parentkind reserves the right to consult government databases, your associated school or other reliable sources to verify school pupil numbers to determine your associations appropriate annual membership fee.
3.12 Where it is identified that the association is underpaying its membership fee, we will contact the association by email. You agree to pay the difference in membership level fees within 28 days of Parentkind notifying you. Failure to pay the additional fee may result in the cancellation of your membership. You have the right to appeal to our PTA Community Team where you feel a mistake has been made within 28 days of receiving the PTA membership fee notification.
3.13 We may terminate this Agreement, or we may suspend your Membership, with immediate effect by giving written notice if you commit a material breach of any term of this Agreement and (if such a breach is capable of being remedied) fail to remedy that breach within 10 working days of being notified in writing to do so.
3.14 On termination of this Agreement for any reason your Membership (as well as your coverage under the Policy, and any rights to use or enjoy Benefits, including access to the My Account area of our website) will automatically terminate, our and your liabilities as at termination shall be unaffected, and clauses which expressly or by implication survive termination shall continue in full force and effect (including without limitation clauses 5, 6, and 7).
4. Data Protection and security
4.1 Details of how we protect and use personal data are set out in our privacy statement at parentkind.org.uk.
4.2 You must ensure that:
4.2.1 You and your Users do not disclose your respective web registration login details to other committee members of your association. Registrations and logins must not be shared or used by more than one person; and
4.2.2 You have the required authority to provide us with the personal data of your Key Contact and any other individuals whose data you provide, and that by providing us with that information (or through any of your other acts or omissions) you do not place us in breach of any applicable laws regarding data protection or privacy (and you will be responsible for any losses, liabilities, costs and expenses we incur or suffer in connection with such breach).
5. Intellectual property rights
5.1 We own or license all copyright, trademarks, designs rights and other intellectual property rights in the Benefits and any other content made available by us, and we grant you a licence to use such content in accordance with this Agreement for your own internal business purposes.
6.1 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by our negligence or any other liability which cannot be limited or excluded by applicable law.
6.2 Subject to clause 6.1, we will not be liable to you, whether in contract, tort (including negligence), restitution, breach of statutory duty, or otherwise, relating to this Agreement for loss of profits, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data or information, loss of or damage to goodwill, and any indirect or consequential loss.
6.3 Subject to clause 6.1 and 6.2, our total liability to you, whether in contract, tort (including negligence), restitution, breach of statutory duty, or otherwise, relating to this Agreement shall not exceed (as applicable) the Membership fees.
6.4 All warranties, conditions, representations and other terms implied by statute, common law or otherwise are, to the fullest extent permitted by law, excluded from this Agreement.
7.1 You must always keep confidential any information disclosed or made available by us which could reasonably be considered confidential, except as may be required by law, and to your personnel who need to know such information in connection with your Membership, subject to ensuring that those personnel also keep that information confidential.
7.2 If the structure of your organisation means that you are not a distinct legal entity, reference to “you” will mean each member of your management committee or equivalent board of members, and you will be jointly and severally liable in relation to this Agreement, and the individual submitting the Membership Form confirms that they are duly authorised to do so on your behalf.
7.3 We shall not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of our obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control.
7.4 We may at any time assign, subcontract or deal in any other manner with all or any of our rights and obligations under this Agreement.
7.5 You may not, without our prior written consent, assign, subcontract or deal in any other manner with any or all of your rights or obligations under this Agreement.
7.6 This Agreement constitutes the entire agreement between us and you in relation to its subject matter and supersedes and extinguishes all previous agreements, representations and understandings between you and us, whether written or oral, relating to its subject matter.
7.7 We and you each agree that neither of us shall have any remedies in respect of any statement, representation or warranty (whether made innocently or negligently) that is not set out in this Agreement.
7.8 We may vary these T&Cs by written notice to you at any time. The notice will specify whether the varied T&Cs take effect on your next renewal, or 30 days following the updated terms being notified to you. If the varied T&Cs are stated to take 30 days following notice, you may notify us in writing that you object to the variation and terminate your Membership, in which case this Agreement will terminate and we shall provide a pro-rated refund of any prepaid fees relating to the period after termination No other variation of this Agreement shall be effective unless it is in writing and signed by you and us (or our authorised representatives).
7.9 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy.
7.10 If any provision or part-provision of this Agreement is or becomes unenforceable, it shall be deemed modified (or, if not possible, deleted) to the minimum extent necessary to make it enforceable, which shall not affect the enforceability of the rest of the Agreement.
7.11 Any notice given to us or you under or in connection with this Agreement shall be in writing and shall be delivered by hand, first-class post or other next working day delivery service at your address as set out in the Membership Form or by email to the email address for your Key Contact (for notices to you) and to our registered office or by email to [email protected] (for notices to us) and shall be deemed to have been received on the next working day after sending (except in relation to the service of any proceedings or any documents in any legal action).
7.12 No one other than a party to this Agreement shall have any right to enforce any of its terms.
7.13 This Agreement, 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.
7.14 We and you each agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) relating to this Agreement or its subject matter or formation.