General terms and conditions
1. PRS membership is open to active residents’ associations and companies in residential private roads and estates England and Wales, and to groups of residents in such roads aiming to form an association or company. (Membership is not open to private individuals.)
2. Applications for membership (and requests to renew membership) are accepted at our discretion. There is an annual fee of £50 for all members, payable in advance. Membership is subject to these Terms and Conditions. Membership may be started at any time, but will in every case run to the end of a month. We reserve the right to charge a fee, not exceeding £25, for each occasion on which undertake adminstrative work additional to that which would normally be required.
3. A small number of residents’ associations and companies makes use of managing agents. We regret that we are unable to accept applications for membership made through managing agents.
4. Residents’ associations and companies with which we deal must provide and use a single contact agreed by us; that is, a resident in the road who has the access to and familiarity with the internet and email facilities, willing and able to act on behalf of the association or company, through whom all communications with us will be channelled. It is the responsibility of the agreed contact to make sure this rule (our “one contact only” rule) is understood and observed by all other residents. We do not retain, respond to or comment upon emails, phone message or letters from anyone other than the agreed contact.
5. A change of contact will take effect if and when expressly agreed by us but not otherwise. In particular, the obligation to act as the agreed contact does not cease merely because the contact is no longer involved in the management of the association, or has moved away.
6. Information, guidance and access to precedents and other material is given in good faith, and we make every reasonable effort to ensure that it is accurate and reliable; but no liability can be accepted for errors and omissions.
7. We reserve the right to alter these Terms and Conditions at any time and without notice, in order to meet changing circumstances, or regulatory requirements, or for any other reason. We also reserve the right to cancel membership, with or without prior notice or warning, for breach of these Terms and Conditions or misuse of PRS copyright material.
8. We don’t ordinarily charge for the time we spend dealing with routine queries from our members, third parties, public authorities and others. But we reserve the right to do so if we consider that we are asked to spend time in a way which is unreasonable and/or unnecessary. In that event we will, before making a charge, give you notice of our charges and the terms and conditions which apply to these charges.
9. Books supplied by post are subject to the “distance selling” Regulations (the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014, SI 2013/3134), which are the result of an EU directive). Sales can be cancelled and the book returned in good condition, within 14 days, for a full refund. Please see below on cancellation.
Digital products and cancellation
10. “Digital products” are products which don’t exist in physical form, but which are stored in the seller’s computer and can be downloaded to your computer (or smart phone or tablet) when you buy them.
11. The legal position on cancelling sales of digital products is governed by the above Regulations. See particularly regulations 30, 31 and 37.
12. Unlike physical goods, digital products can’t be returned to the seller in any meaningful sense; so the Regulations provides that, as a matter of law, you can either
- Pay for a digital product and wait for 14 days, during which time you can cancel the contract and get your money back. If you don’t cancel within the 14 days your right to cancel expires, and it will no longer be possible to get your money back. We will then send you the product. Or
- Give up your right to cancel at the outset, and receive the product immediately.
13. We think that few people will choose the first option, so our online shop assumes that you would prefer to give up the right to cancel and have the product immediately. But please let us know, before making any payments, if you would prefer the 14-day option. This will mean (a) that we will take payment, but you won’t receive the digital product for 14 days, and (b) during the 14 days you can cancel if you wish, and we will then return the payment.
14. If you choose the first option, you can cancel within the 14 days without giving any reason. We will then reimburse the purchase price in full (via PayPal unless agreed otherwise). To cancel, you just need to inform us (Private Roads Services Ltd) of Barnwell Farm, Station Road, Marsh Gibbon, Bicester, Oxon, OX27 0HN, 01865 522468, email email@example.com of your decision to cancel, by means of a clear written statement (e.g. a letter sent by post or an e-mail). You can print off and use the model cancellation form below, but it isn’t obligatory.
15. Model cancellation form
To: Private Roads Services Ltd, of Barnwell Farm, Station Road, Marsh Gibbon, Bicester, Oxon, OX27 0HN, 01865 522468, email firstname.lastname@example.org
I/We[*] hereby give notice that I/We [*] cancel my/our[*] contract of sale of the following [digital] product(s):
Name(s) of [digital] product(s) ……………………………
Ordered on (date)………………………….
Name of buyer(s) ……………………….
Address of buyer(s) ……………………….
Signature of buyer(s) (if a paper form is used) …………………
[* delete as appropriate]
16. We handle personal data in accordance with the General Data Protection Regulation (“GDPR”). We use personal data only for the purpose of our own business, as explained in this website. This includes dealing with residents’ associations and others who buy the matrerial we publish, and handling queries from third parties.
17. The rights enjoyed by data subjects under the GDPR, in relation to personal data which we hold, can be summarised as follows:
- The right to access their personal data
- The right to have inaccuracies in their personal data corrected
- The right to have their personal data erased
- The right to object to direct marketing based upon their personal data
- The right to restrict the processing (including automated decision-making) of their personal data
- The right to data portability for their personal data
18. The material on sale to the public in our shop is copyright Private Roads Services Ltd, and our sister publishing company, Barsby Ltd. It is for the personal use of the buyer, and may not be copied, edited or printed.
19. The material in our members’ pages is copyright Private Roads Services Ltd and Barsby Ltd. Newsletters, chapters of our online guide Managing Private Roads and Estates (“MPRE”) and other material can be downloaded and printed off. Copyright consent is for the use by the relevant residents’ association or company. Subject to authorisation under the 1988 Act (see below) it may not be copied to anyone else, or edited, without our express agreement.
20. In accordance with the Copyright, Designs and Patents Act 1988, as amended, extracts from copyright material which has been published by us, including our book, may be quoted. The use of the material must be within the principle of fair dealing, no more may be quoted than is necessary, and a suitable acknowledgment must be made. This provision does not apply to material which has not been published, which includes some of the material in our members’ pages.
21. Copyright material may not be retained if membership of PRS ceases, with the exception of:
- Copies of Private Roads: The Legal Framework which have been bought from us
- Any material for which a specific fee has been charged
- Material which has been incorporated into a document with our consent (for example a letter which makes use of one some text supplied by us) so long as that document continues to be relevant.
22. It is the responsibility of the agreed contact to make sure that limitations on the use of PRS copyright material are respected, and that if membership ceases all PRS copyright material which may not be retained, whether on computers or in paper form, is gathered together and destroyed.