PTAShop.co.uk is part of Love Shopping owned by Mrs Joanne Mountcastle of 5 Rose Bank, Burley in Wharfedale, West Yorkshire, LS29 7PQ.
1. Definitions
“Application” means an application to PTA made by an individual representing a school who wishes to register the school and which is made in the approved or prescribed form;
“Click Through” means when a person, automated script, or computer program activates a link which is displayed on a Merchant’s advert or logo which appears as displayed within the Website;
“Content” means all writing, images, photographs, text, designs, symbols or information in whatever format including computer files capable of reproducing moving images or capable of reproducing sound which is accessible on the Web Site;
“Contract” means a legal agreement between two parties for the purchase by one of goods or services from the other where that other is a Merchant;
"Customer" means the person, firm or corporation who has entered into any form of Contract;
“Data” means any Personal Data as defined by the Data Protection Act 1998;
"PTA" means www.ptashop.co.uk, trading as Love Shopping registered in England by the sole trader Mrs Joanne Mountcastle.
"Merchant" means the shop, brand or company whose goods and / or services are made available for sale to Visitors to the Website and who may enter into a Contract with a Visitor;
“Register” means the process of submitting an registration form to PTA.
“Registered” shall describe a school that has registered to receive funds from PTA;
“Terms and Conditions” means these terms and conditions;
“Visit” means a single occasion whereby a web browser program is caused to send data to the computer server or servers upon which the Website is hosted;
“Visitor” means a person who initiates a “visit” to the Website
“Website” means the web pages of the websites accessible via the Internet, cell phone or a Local Area Network at www.ptashop.co.uk;
“We”, “Us” or “Our” are all references to PTA, trading as Love Shopping.
2. Donations and Applications to Register
2.1 By means of the Website, PTA provides a service to merchants by acting as an introducer of prospective Customers. No Visitor to the PTA Website is required to pay for the use of it. All Visitors may use the Website for so long as they adhere to these Terms and Conditions.
2.2 PTA receives commission from certain Merchants in the PTA fundraising Scheme in exchange for the facilities that PTA offers to them. Any payment then made by a Merchant to PTA under such an agreement will be referred to as the “Service Charge”. We are willing to donate a minimum of 25% of any Service Charge received by Us (“the Donation”) to the school /club fund provided that the school/club is properly Registered with Us under these Terms and Conditions.
2.3 Subject to the conditions in clause 2.4, We undertake to credit the Donation to the Selected school fund account before the expiry of the calendar month next following the month in which the Service Charge is received by Us. The Donation will be due for payment to the school within 45 days of the end of each quarter, providing that we have received the Service Charge, subject to the School’s Account having a balance in excess of the threshold of £50. The Donation will be paid without deduction of any administration or postage charges.
2.4 PTA will only pay the Donation following receipt of the Service Charge or receipt of the entire amount owing under any compromise agreement as the case may be;
2.5 PTA will be under no obligation to any party for the activities of any Visitor to the Website.
2.6 We also reserve the right, at Our discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.
2.7 Upon registration to the PTAShop, £15 will be credited to the school /club account. This will be paid once the school’s account has reached £50.
2.8 Donations amounts can change at any time without notice.
2.9 Amazon donations are set at 2% of your purchase amount with a CAP of £5.00 per order.
3. School Registrations
3.1 A School must have an individual acting on behalf of the school and we may also accept Registrations from an individual who intends to benefit a sports club or organisation ie (Brownies, local football, rugby clubs etc). The representative must be a person of 18 years of age or older. The school or club must also have an active bank account in its own name for receipt of any Donations.
3.2 A School or club should only Register with Us once and any repeat Registration of the same School or Club or any further Application may be terminated or rejected at Our discretion.
3.3 PTA may accept an Application to Register a School but is under no obligation to do so. PTA may refuse, in its absolute discretion, to accept Registration of a School or Club on any grounds whatsoever and will have no obligation or liability to any Applicant or any other individual or School for which the Application for Registration was being made for any damages, losses or other consequences, whether arising directly or indirectly from such refusal.
3.4 PTA may refuse to disclose the basis upon which any decision to refuse Registration of a School/Club was made.
3.5 PTA shall have no duty or responsibility to:
3.5.1 investigate or ascertain whether the Applicant is authorised, empowered or otherwise representing the School for which Application is being made;
5.5.2 ascertain whether the Applicant is acting under any permission or authority of the school whatsoever;
3.6 It is a pre-condition of these Terms and Conditions that Registration of a school or club must first be accepted by PTA before PTA comes under any sort of liability to that School or Club. Decisions on whether an Application for Registration is accepted by PTA will be made within 5 working days of the application for Registration being received and an email notification will be dispatched to the Applicant with the result (“Notification”).
3.7 Once Notification is made, PTA undertakes to set up an online school shop within the website pages of www.ptashop.co.uk and within 7 – 14 days to ensure all affiliate tracking links are in place.
4. Terminating a School membership
4.1 PTA reserves the right to suspend or terminate any of its obligations to a School/Club and access by the Applicant to the Website immediately and without notice, either temporarily or permanently, as PTA may see fit.
4.2 Further and in addition to clause 4.1, PTA may end any agreement as may exist between a School/Club and itself in circumstances where a user of your computer has breached any of these Terms and Conditions.
4.3 Immediately on terminating or suspending a registration, We shall send a notice by email of termination to the person that has been notified to Us as the contact for the school/club.
4.4 From the time and date of sending a notice under 4.3 and subject to 4.5, the School/Club shall continue to be entitled to be paid any Donations arising from a Service Charge that has become payable prior to the sending of the notice unless in the case of suspension of a School/Club, until We have notified the School/Club by email that the suspension is to be ended.
5.5 We shall be entitled to deduct from any Donation as may be payable by Us under clause 4.4;
any amount forming part of any Service Charge that We believe with good and reasonable cause that resulted from an act of fraud.
5.6 We shall be entitled to notify any party or relevant authority of such information as We may possess concerning the user of a computer that We reasonably believe has committed any fraud.
6. Relationship of Supporters and Visitors to Merchants
6.1 If you are a Supporter or a Visitor to the Website who then visits the website of a Merchant or other party by clicking on a link on Our Website, apart from any obligation as may exist in respect of a Donation, PTA have no obligation to you in such circumstances. Should you become a Customer under any Contract with a Merchant, then this shall represent a private agreement between yourself and the Merchant under which We shall have no responsibilities or liability of any sort.
6.2 PTA makes no representations whatsoever about any other websites which you may access through Our Website. When you access any other website you understand that it is independent from PTA and that We have no control over the content or availability of that website. In addition, a link to any other website does not mean that PTA endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
6.3 No Visitor to the Websites, no Supporter or School/Club has any right to communicate with any Merchant or intermediary concerning the content or nature of any private agreement of Ours concerning such Merchant. Any attempt to do so will be a breach of these Terms and Conditions.
7. Information appearing on the Websites
7.1 Most of the Content in the Website is owned by PTA or is the intellectual property of third parties. The advertisements of Merchants are used by PTA under licence from those parties. From time to time we may display other third party material on the Websites (“Third Party Content”). All Content is protected by copyright and / or database rights throughout the world subject to the laws of England & Wales. The Content will be subject to the restrictions in clause 7.2.
7.2 Subject to clause 7.3, you may:
7.1.1 retrieve and display the Content on a computer screen;
7.1.2 print individual pages on paper and store such pages in electronic form on disk and on your PC (but not on any other server or other storage device connected to an external network).
7.3 You may not (without contacting Us to obtain prior written permission):
7.3.1 redistribute or publish in any medium any Content (including by using it as part of any blog, newsletter, library, archive or similar service);
7.3.2 remove the copyright or trade mark notice from any copies of Content made under this Agreement;
7.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content; or
7.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content.
7.4 PTA also reserves the right, at its discretion, to make changes to any part of the Website even if such changes do materially reduce the content or functionality of the Website.
7.5 Because of the number of sources from which We obtain Content and because of the nature of the Internet and archived information, errors and omissions do occur and We do not give any other warranties in respect of the Content. In particular, We cannot and do not warrant:
7.5.1 the accuracy of any information in the Content;
7.5.2 that the Websites or any webpages accessible through them is free from infection by viruses or anything else that has contaminating or destructive properties.
7.6 The Website contain links to other web sites, adverts and resources, either directly or through frames and links allowing material from other web sites to be displayed or otherwise operate within the Websites, such as RSS links. Where possible, We will make clear where such links are being made but third parties provide these other sites or adverts and We are not responsible and shall not be liable for the availability or content of their material and resources.
7.7 Any views expressed or implied on the Website are not necessarily those of PTA or anyone connected with it.
8 Liability
8.1 We shall, subject to these Terms and Conditions, use all reasonable skill and care in making the PTA Shop fundraising Scheme available to you and any school or club that wishes to use this service.
8.2 The manner in which the PTA fundraising scheme is provided may change from time to time and We reserve the right to change the PTA fundraising Scheme with or without notice to you.
8.3 We do not warrant or guarantee in any way the continued or proper functioning of the Websites and in any event We shall not be liable for any loss or damage, howsoever caused, directly or indirectly by circumstances beyond Our reasonable control and which prevents Us from performing Our obligations to you and your school.
8.4 Further to the foregoing, by making any Application, or in seeking to become a Registered school, you agree that Our liability, whether arising under any contract or duty existing by reason of the making of any Application or from any Registration of a school or club, shall be limited or excluded as follows:
8.4.1 We shall have no liability under any Contract made with a Merchant;
8.4.2 We shall have no liability at all to any School/Club save for the obligation to make payment of any Donation in accordance with the provisions appearing in clause 2;
8.4.3 other than any obligations arising by operation of the law (and all implied warranties are excluded from to the extent that they may be excluded as a matter of law to the fullest extent permissible) We shall have no liability to any school or visitor.
8.5 Nothing in these terms and conditions shall be construed as limiting or excluding any non-excludable statutory rights of a consumer nor any liability arising from death or personal injury to persons caused by the negligence of PTA, or for fraudulent misrepresentation by PTA or any employee or agent of PTA, upon which liability there shall be no limit.
8.6 You, the School, Visitor or Supporter, shall indemnify Us against any loss or damages, expenses, claims or penalties that We may incur or suffer resulting from any breach by You of any of these Terms and Conditions.
9. Miscellaneous Provisions
9.1 These Terms and Conditions will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the relationship between PTA and any School or Visitor.
9.2 We may alter these Terms and Conditions from time to time in which case any subsequent use by you of the Website or the PTA fundraising Scheme will be subject to those Terms and Conditions as altered.
9.3 These Terms and Conditions and (where it is the case) any Application, legal notice or additional terms that may be published by Us on the Website from time to time shall constitute the entire agreement between Us and shall govern your use of the Website.
9.4 Should We choose not to exercise or enforce any legal right or remedy which is contained in these Terms and Conditions or to which We are entitled under any applicable law, then this does not amount to a formal waiver of Our rights and We will retain such rights and the right to pursue any remedy.
9.5 Should any court of law, having the jurisdiction to decide on this matter, find any provision of these Terms and Conditions to be invalid, then such provision will be regarded as removed without affecting the validity or enforceability of the rest of the Terms and Conditions.
9.6 It is not intended that any rights will exist or accumulate to any party other than as expressly stated in these terms and conditions and the Contracts (Rights of Third Parties) Act 1999 is hereby excluded from having any application.
9.7 Individual visitors are not required to register their personal details with the website, therefore no personal data is held with PTA. The only details kept are: The name, address, contact name and telephone number of the school or club.
9.8 Where individual visitors submit their personal information when submitting an enquiry, their details will only be used when responding to their query.