TERMS AND CONDITIONS
 

TERMS AND CONDITIONS

BACKGROUND:

This agreement applies as between you, the User of this Web Site/a member of the Sundae Club and The Sundae Club ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1.             Definitions and Interpretation - in this Agreement the following terms shall have the following meanings:  

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“The Sundae Club Ltd”

means The Sundae Club Ltd, PO Box 58523, Barnes, SW13 3AS;

“Service”

means collectively any online facilities, tools, services or information that The Sundae Club Ltd makes available through the Web Site either now or in the future;

“Services”

means the services available to you through this Web Site, specifically related to the events The Sundae Club offers;

“Payment Information”

means any details required for the purchase of Services from this Web Site.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information”

means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at The Sundae Club Ltd, PO Box 58523, Barnes, SW13 3AS;

“System”

means any online communications infrastructure that The Sundae Club ltd makes available through the Web Site either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”

means any third party that accesses the Web Site and is not employed by The Sundae Club Ltd and acting in the course of their employment; and

“Web Site”

means the website that you are currently using (http://www.thesundaeclub.com) and any sub-domains of this site (e.g. subdomain.http://www.thesundaeclub.com/events) unless expressly excluded by their own terms and conditions.

2.  Age Restrictions - persons under the age of 18 should not use this Web Site.

3.  Business Customers - these Terms & Conditions also apply to customers procuring services in business.

4.  Intellectual Property

  • Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The Sundae Club Ltd, our affiliates or other relevant third parties.  By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
  • Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by The Sundae Club Ltd.

5.  Third Party Intellectual Property

  • Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
  • Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6.  Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7.  Links to Other Web Sites

This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of The Sundae Club Ltd or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8.  Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site http://www.thesundaeclub.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of The Sundae Club Ltd.  To find out more please contact us by email at amy@thesundaeclub.comor by post, The Sundae Club Ltd, PO Box 58523, Barnes, SW13 3AS.

9. Use of Communications Facilities - When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

  • You must not use obscene or vulgar language;
  • You must not submit Content that is unlawful or otherwise objectionable.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
  • You must not submit Content that is intended to promote or incite violence;
  • It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
  • The means by which you identify yourself must not violate these terms of use or any applicable laws;
  • You must not impersonate other people, particularly employees and representatives of The Sundae club Ltdor our affiliates; and
  • You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
  • You acknowledge that The Sundae club Ltd reserves the right to monitor any and all communications made to us or using our System.

10.  Accounts

a) In order to procure Services on this Web Site and to use the forum/chat facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.  By continuing to use this Web Site you represent and warrant that:

  • All information you submit is accurate and truthful;
  • You have permission to submit Payment Information where permission may be required; and
  • You will keep this information accurate and up-to-date.

b) Your creation of an Account is further affirmation of your representation and warranty.

  • It is recommended that you do not share your Account details, particularly your username and password.  The Sundae Club ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • If you have reason to believe that your Account details have been obtained by another without consent, you should contact The Sundae Club Ltd immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending.  Please be aware that orders or payments can only be cancelled up until provision of Services has commenced.  In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, [The Sundae club ltd accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information] OR [The Sundae Club Ltd will suspend provision of Services and the withdrawal of any scheduled payments pending investigation.  Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment].
  • When choosing your username you are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

11. Termination and Cancellation

  • Either The Sundae Club Ltd or you may terminate your Account.  If The Sundae Club Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  • If The Sundae Club terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
  • The Sundae Club ltd reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.
  • If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.
  • If you terminate your Account any non-completed orders or payments will be cancelled and you will be refunded any monies paid in relation to those orders.

12.  Services, Pricing and Availability

  1. Whilst every effort has been made to ensure that all descriptions of Services available from The Sundae Club Ltd correspond to the actual Services, The Sundae Club Ltd is not responsible for any variations from these descriptions.  This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.  Please refer to sub-Clause 13.4 for incorrect Services.
  2. Where appropriate, you may be required to select the required Event/ Services, and you will be required to pay for each event separately.
  3. The Sundae Club Ltd does not represent or warrant that such Services will be available.  Availability indications are provided on the Web Site however these may not take account of orders that have taken place during your visit to the web site..
  4. All pricing information on the Web Site is correct at the time of going online.  The Sundae Club Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
  5. In the event that prices are changed during the period between an order being placed for Services and The Sundae Club Ltd processing that order and taking payment, [you will be contacted prior to your order being processed with details of the new price] OR [provision of Services shall commence as per your order and you will be charged the original price].
  6. All membership and subscription fees are payable in Pounds Sterling inclusive of VAT. All such fees are payable once accepted as a member and may be requested via a bank transfer or via our Website using a Credit or Debit card only. Payments will not be treated as having been made until The Sundae Club Ltd has received cleared funds in respect of all sums due.
  7. Members shall not be given access to the Services until such time as payment for the full membership fee has been received by us.
  8. You may cancel your membership by notifying us by post or email within seven (7) working days of the day after you have requested your membership. You will lose your right to cancel if you have attended an Event during this seven (7) day period. We will refund any valid cancellations within forty-five (45) days of receipt of your notice to cancel.
  9. Membership is not transferable.
  10. The Sundae Club Ltd may change our policy on membership and subscription fees at any time and any change will be immediately effective for new members and effective upon renewal of membership for existing Members.
  11. Event fees are determined on an event by event basis. Fees are displayed on the Website and are in Pounds Sterling inclusive of VAT. All Event fees are payable via our Website and must be paid in advance of attendance. Payments for Events will not be treated as having been made until we have received cleared funds in respect of all sums due and we reserve the right to refuse admission to an Event in cases of non-payment prior to the relevant Event.
  12. You must be a current and valid Member to attend or participate in any Event. The Sundae club ltd may require that any and all Members, Guests and/or other Event attendees have a valid ticket (or other identifier) prior to being granted access to an Event. We reserve the right to refuse you or any Guest(s) admission or to stop your or their continued participation in an Event if you/they do not have a valid ticket (or other identifier) and/or if your/their name(s) are not on the Event attendee list.
  13. The Sundae Club Ltd have the right at our absolute discretion to limit the number of Members, Registered Users or Guests who may attend any Event or on reasonable grounds to prevent any Member, Registered User or Guest from taking part in or continuing to participate in any Event.
  14. The Sundae club ltd reserve the right to cancel or to change the date, time, programme or venue of any Event for any reason, including but not limited to situations where the requisite numbers of participants for an Event have not been met by the applicable deadline for that Event. If you purchase ticket(s) for an Event(s) we will use all reasonable endeavours to inform you of any such change as soon as possible and you agree that it shall be your responsibility to inform any person for whom you have bought tickets of any change to an Event.
  15. The Sundae Club ltd’s liability to you in respect of cancellations or variations of Events shall be limited to the return of any sums paid by you in relation to that Event.

13.  Provision of Services

  1. Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.
  2. The Sundae Club Ltd shall use its best endeavours to provide the Services with reasonable skill and care.
  3. Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.
  4. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake.  The Sundae Club Ltd will ensure that any necessary corrections to the Services provided are made within 7 working days.
  5. The Sundae Club Ltd reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13.  Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
  • Any use or enjoyment that you may have already derived from the Services;
  • Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of The Sundae Club Ltd.

Such discretion to be exercised only within the confines of the law.

14.  Participation In Events


  • Members and all other Event attendees (including but not limited to Guests) must conduct themselves at all times in a responsible and respectful manner with other attendees or the general public or third parties at Events. We do not assume any responsibility for your actions or the actions of any other Member or other attendee at any Event. 

  • Members or other attendees at Events who fail to behave correctly, for example in a drunken or disorderly manner, may be expelled, suspended or prevented from continuing with an Event and we may terminate your membership or preclude your attendance at future Events on such grounds. You acknowledge that venue suppliers or other Event organisers may also be entitled to refuse you admission to an Event or stop your continued participation in an Event for these and similar reasons.

  • Participation in an Event is at your own risk and subject to the terms and conditions of the relevant venue supplier and/or food and beverage supplier of the Event as well as these Terms. By attending any Event you agree to be bound by the relevant venue supplier's and/or food and beverage supplier's terms and conditions for that Event and it is your responsibility to familiarise yourself with these and to ensure you follow such terms and conditions. All Health & Safety compliance at the Event is the responsibility of the venue supplier and/or food and beverage supplier of that Event. Unless otherwise stated on the Website, it is your responsibility to arrange travel to any Event.

  • When you apply for tickets to an Event it is your responsibility to inform us of any special dietary requirements you may have, for example food allergies. Provided we are informed of your special dietary requirements within a reasonable time of the Event, we will inform the venue supplier and/or food and beverage supplier of your dietary requirements. 

  • By consenting to being photographed at events by our photographer you consent to having these party photos used on our website and other promotional material.

15.  Privacy

  • Use of the Web Site is also governed by our http://www.thesundaeclub.com/privacy which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

17.  Disclaimers

  • The Sundae Club Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
  • No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
  • No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

18.  Changes to the Service and these Terms and Conditions

  • The Sundae club ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes.  If The Sundae Club ltd is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19.          Availability of the Web Site

  • The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  • The Sundae Club Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship

20.  Limitation of Liability

  • To the maximum extent permitted by law, The Sundae club ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
  • Nothing in these Terms and Conditions excludes or restricts The Sundae Club ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of The Sundae Club Ltd.
  • Nothing in these Terms and Conditions  excludes or restricts The Sundae Club Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.
  • Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.
  • The Sundae Club Ltd is not responsible for your actions or the actions of other members, guests or other attendees at any of the events held by The Sundae Club Ltd.
  • Your use of The Sundae Club Ltd Website and contact / interaction with other members in connection with any Events are all at your own risk and under no circumstances will The Sundae Club Ltd or any of its affiliates, directors, employees or other representatives be liable for any of the following losses or damage (whether such losses were foreseeable or otherwise): (a) loss of profit; (b) loss of data; (c) loss of revenue; (d) loss of business or loss of opportunity: (e) injury/harm to yourself; (f) losses suffered by third parties: or (g) any indirect, consequential, special or exemplary damages arising from or in any way connected to the use of the Website or the Service or inability to use the Website or the Service regardless of the form of action. For the avoidance of doubt the losses listed in this section are intended to be severable.

21.          No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22.          Your Warranties 


By becoming a Registered User or Member you warrant and represent that: 
(i) you are at least twenty years of age and resident in the UK. We reserve the right to ask for acceptable identification (for example your driving license or passport) as proof of your age and residency and for similar proof 
(ii) you have not been convicted of any offence or been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and 
(iii) you will be using the Website and the Service for your personal use only and not for any commercial purpose whatsoever. 
We have the right in our absolute discretion to refuse any application to become a Member or Registered User and to terminate User registrations or memberships with us in accordance with these Terms and conditions

23.          Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

24.          Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to contact@thesundaeclub.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

25.          Law and Jurisdiction

These terms and conditions and the relationship between you and The Sundae Club ltd shall be governed by and construed in accordance with the Law of England and Wales and The Sundae Club Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.