THE SHORT GIRLS CLUB
MEMBERSHIP STANDARD TERMS & CONDITIONS
Background
These Standard Terms & Conditions (the Terms) together with any documents referred to in them, set out the terms on which You can purchase a membership subscription to The Short Girls Club Membership Programme (the Membership). Please read these Terms carefully and ensure that You understand them before agreeing to purchase a subscription to the Membership. If You do not agree to be bound by these Terms, You will not be able to purchase a subscription to the Membership.
1. Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
| “Account” | means an account created by You through which You will be given access to the Membership Content; |
| “Agreement” | means the agreement between You and Us pursuant to which We shall provide a subscription to the Membership to You, on the terms set out in these Terms; |
| “Commencement Date” | means the date of the Order Confirmation; |
| “Confidential Information” | means information which is confidential in nature or which is or may be commercially sensitive, and which is disclosed in connection with Your participation in the Membership. Confidential Information includes:(1) information of a secret, sensitive or confidential nature which is disclosed by You to Us in the course of the Membership; (2) information of a secret, sensitive or confidential nature which is disclosed in the course of the Membership by another Member, whether to You individually or in the context of group discussions; and(3) information of a secret, sensitive or confidential nature relating to Our business, dealings, affairs, practice, finances, trading, software or know-how;and in each case, whether that disclosure is made orally or in writing, and whether or not the information is expressly stated to be confidential or marked as such. |
| “Consumer” | means a “consumer” as defined by the Consumer Rights Act 2015 who enters into a contract for purposes wholly or mainly outside the purposes of any business; |
| “Data Protection Legislation” | means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); the Data (Use and Access) Act 2025 and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data; |
| “Fees” | means the fees payable by You for the Membership Subscription in accordance with Clause 6; |
| “Intellectual Property Rights” | means all rights in patents, trademarks, copyright, designs, know-how, database rights, domain names and similar rights anywhere in the world, and the right to sue for infringement; |
| “Member” | means a member from time to time of the Membership provided by Us; |
| “Membership Content” | means any and all content and materials which We may provide to You or to which You may have access during the Membership; |
| “Membership Subscription” | means Your subscription to the Membership; |
| “Order” | means Your order for a Membership Subscription; |
| “Order Confirmation” | means Our acceptance and confirmation of Your Order; |
| “Our Site” | means Our website at thepetitelady.co.uk; |
| “Term” | shall have the meaning set out in Clause 2.5; |
| “Us” or “We” | means Danielle Plowman, sole trader, trading as The Petite Lady, whose trading address 26 West Street, Worthing, West Sussex BN11 3HD; and |
| “You” | means the person to whom We shall provide the Membership Subscription under the Agreement. |
2. How the Agreement is formed
2.1 Our Site will guide You through the process of placing Your Order.
2.2 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to purchase a Membership Subscription, subject to these Terms, which We may accept. Our acceptance is indicated by sending You an Order Confirmation by email. Only once We have sent You an Order Confirmation will there be a legal, binding Agreement between You and Us.
2.3 If, for any reason, We cannot accept Your Order, then any Fees paid by You will be refunded to You as soon as possible.
2.4 We shall provide the Membership Subscription to You on the terms set out in these Terms, which are incorporated into the Agreement.
2.5 The Agreement shall come into force on the Commencement Date and shall continue until it is terminated in accordance with Clauses 9 – 11 (the Term).
3. The Membership
3.1 The Membership is only available to persons who are over the age of 18 and are Consumers.
3.2 We may occasionally need to update the Membership content to keep it current and valuable. We will notify You of any significant changes in advance.
3.3 If You choose not to access some or all of the Membership Content, You will not be entitled to any refund of Fees.
3.4 As a Member, You may from time to time be offered additional benefits including special discounts, early access to new product releases, and access to limited edition items. These benefits may vary in availability, timing, and nature. We do not guarantee that any specific discounts or products will be available, particularly where they are provided by a third party. We reserve the right to modify, suspend, or discontinue any additional Membership benefits at any time without prior notice.
3.5 We do not make any guarantee that You will obtain a particular outcome, result or other opportunity from the Membership.
4. Our obligations
4.1 When We provide the Membership to You, We will act at all times with reasonable skill and care. If We materially breach these Terms, You may be entitled to a refund under Clause 10.1 or 10.2.
4.2 We provide detailed measurements for garments as part of the Membership Content to assist You in making informed purchasing decisions. While We make every reasonable effort to ensure these measurements are accurate, You acknowledge that measurements may contain minor variations or errors due to manufacturing tolerances and human error, and are provided as guidance only. You should use these measurements in conjunction with other sizing information and Your own judgment when making purchase decisions. We will not be liable for any purchase decisions You make based on measurement information provided through the Membership, and measurement discrepancies do not constitute a breach of the Agreement.
4.3 Product images and colour representations provided through the Membership Content are for illustrative purposes only. Due to variations on device screens and photography lighting, actual garment colours may differ from those displayed. We make reasonable efforts to accurately represent colours, but cannot guarantee exact colour matching between images and actual products.
4.4 We will make every reasonable effort to provide the Membership Content in a timely manner. In certain circumstances, including (but not limited to) where We encounter a technical issue, We may need to postpone the delivery of Membership Content. We shall use all reasonable endeavours to resolve these issues. However, We shall not be liable for any delay in the provision of the Membership or access to the Membership Content due to technical issues or other circumstances outside Our control.
4.5 We may occasionally need to interrupt access to the Membership Content for planned maintenance, updates, or technical improvements. Where possible, We will give You advance notice of planned interruptions and schedule them at times that minimise disruption. You will not be entitled to any refund or compensation for temporary service interruptions, provided We restore access within a reasonable time.
4.6 Our obligations to You under the Agreement are to provide the Membership. If You would like additional one-to-one support beyond what is included in the Membership, We would be happy to discuss this separately. Any additional charges for this support would be agreed with You in advance.
4.7 We shall not be responsible for the contents of any advice and support given to You by other Members in the course of the Membership, including in any forum or community group included in the Membership. We have no obligation to check and/ or correct any incorrect or inaccurate advice which may be given by Members.
4.8 We will not disclose or use any Confidential Information disclosed by You to Us in connection with the Membership unless:
4.8.1 You have given Your written consent in advance;
4.8.2 the Confidential Information becomes public knowledge other than by reason of Our unauthorised disclosure; or
4.8.3 We are required as matter of law to disclose that Confidential Information.
4.9 For further information on Your rights as a Consumer, please contact Your local Citizen’s Advice Bureau.
5. Your obligations
5.1 You will need to create an Account on Our Site to access Membership Content. You will need to access Your Account by entering a user ID and a password (together the Log In Details).
5.2 Your Membership Subscription is personal to You and cannot be transferred, assigned, or given to another person. You may not share Your Account access with family members, friends, or colleagues, or allow others to use Your Membership in any way. Each person wishing to access the Membership must purchase their own individual subscription. If You believe that Your Account or Your Log In Details are being used without Your permission, You must contact Us immediately at theshortgirlsclub@thepetitelady.co.uk.
5.3 You undertake to comply at all times with Your obligations in relation to the Confidential Information and Our Intellectual Property Rights as set out in Clauses 7 and 8 below.
5.4 When communicating in any way during the Membership, including on any forum or community group connected to the Membership, You must not communicate or do anything that:
5.4.1 is obscene, offensive, hateful or inflammatory;
5.4.2 promotes or assists in any unlawful activity;
5.4.3 is discriminatory or defamatory of another person or business;
5.4.4 is intended or is likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.5 is calculated or is likely to deceive;
5.4.6 is intended to or is likely to infringe (or threaten to infringe) another person’s right to privacy or uses their personal data in a way that You do not have a right to;
5.4.7 claims expertise or professional knowledge or experience which You do not possess;
5.4.8 otherwise infringes the terms of use of Our Site.
5.5 You are welcome to share Your general experience of the Membership on social media and mention that You are a Member, including sharing Your personal outcomes or experiences. However, You must not screenshot, record, quote, reproduce, or share any specific Membership Content. If You wish to share content from the Membership for promotional purposes, You must obtain Our written permission first, and You must always respect the confidentiality obligations set out in Clause 7.
5.6 We reserve the right to suspend or terminate Your participation in the Membership and/ or Your access to the Membership Content if You materially breach the provisions of this Clause 5 or any of the other provisions of the Agreement. If We suspend or terminate Your participation in the Membership under this Clause 5.6, no refund shall be due to You in respect of the Fees (or any part of them).
6. Membership Subscription Fees
6.1 In consideration for Us providing the Membership Subscription to You, You agree to pay the Fees in accordance with this Clause 6.
6.2 The Fees for the Membership shall be the annual or monthly Membership Fees displayed on Our Site at the time of Your Order, and are payable via the payment gateway on Our Site.
6.3 We will not be responsible for any fees charged by Your bank or Your debit or credit card provider when You pay the Fees to Us.
6.4 You shall be responsible for all costs You incur in connection with Your access to the Membership and any Membership Content.
6.5 If the Fees are not paid in accordance with this Clause 6, We may:
6.5.1 charge interest on any overdue sum at the rate of 4% per annum above the base rate of the Bank of England from time to time. Interest under this Clause 6.5.1 will accrue from the due date for payment until the actual date of payment of the overdue sum, and is payable on demand;
6.5.2 suspend Your access to the Membership and the Membership Content until payment of all outstanding Fees (together with any interest charged under Clause 6.5.1) is made in full; and/ or
6.5.3 terminate the Agreement, in accordance with Clause 11.1.
6.6 It is Your responsibility to ensure Your payment method remains valid and up to date. If We cannot collect payment due to an expired or invalid payment method, Your access to the Membership may be suspended until payment is successfully processed. You can update Your payment details at any time through Your Account settings.
6.7 We reserve the right to change the Fees shown on Our Site and to add, alter or remove special offers from time to time and as necessary. Changes in the Fees will not affect You if You have already entered into the Agreement.
7. Confidential information
7.1 You may receive Confidential Information from Us as a result of Your participation in the Membership. You may also be privy to Confidential Information (including secret, sensitive or otherwise confidential information) disclosed by or relating to other Members.
7.2 You undertake, at all times during the term of the Agreement and after its termination, to:
7.2.1 keep confidential all Confidential Information;
7.2.2 not disclose (either directly or indirectly) any Confidential Information or any information relating to any Member to any other person;
7.2.3 not use any Confidential Information other than for the purpose of Your participation in the Membership and subject to the Agreement; and
7.2.4 not make any copies of, record in any way or part with possession of any Confidential Information or any information relating to any Member.
7.3 The obligations contained in this Clause 7 shall survive the Agreement.
8. Intellectual property
8.1 All Intellectual Property Rights subsisting in Our Site and in the Membership Content shall at all times remain Our exclusive property (or the property of Our licensors, as appropriate). Nothing in the Agreement shall vest in You any rights in the Membership Content or any other material provided by or belonging to Us (or Our licensors, as appropriate).
8.2 When We provide You with access to the Membership Content, We will grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Membership Content for Your personal use, and for no other purpose. The licence granted to You does not give You any rights in the Membership Content (including any materials that We may licence from third parties).
8.3 You may not, for the term of the Agreement and at any time after its termination:
8.3.1 copy, record, reproduce, modify, rent, sell, publish, republish, sub-licence, post, broadcast, distribute, share or otherwise transmit the Membership Content (or any part of it) or make the Membership Content (or any part of it) available to any other person; or
8.3.2 use the Membership Content to provide any other membership, course, training, mentoring, coaching or service to others.
8.4 If You become aware of any actual or threatened infringement of Our Intellectual Property Rights (or the Intellectual Property Rights of Our licensors), You agree to inform Us immediately in writing.
9. ‘Cooling Off Period’
9.1 If You are a Consumer in the United Kingdom or the EU, You have a legal right to a “cooling off period” during which You can cancel the Agreement for any reason and obtain a refund (the Cooling Off Period). This Cooling Off Period begins on the day after the date You enter into the Agreement with Us, and ends:
9.1.1 when You download or stream any Membership Content; or
9.1.2 (provided You have not downloaded or streamed any Membership Content) 14 calendar days from the date on which the Cooling Off Period begins.
9.2 You do not have a right to a Cooling Off Period if You enter into the Agreement wholly or mainly for the purposes of Your business.
9.3 If You purchase a Membership Subscription by mistake, please inform Us as soon as possible and do not attempt to access any Membership Content. Provided You have not downloaded or streamed any Membership Content, You may exercise Your right to cancel referred to in Clause 9.1 and You will receive a refund of Fees paid. If You have downloaded or streamed any Membership Content, We will not be able to offer any refund and You will continue to have access to the Membership and the Membership Content for the remainder of the Term.
9.4 If You wish to exercise Your right to cancel under Clause 9.1 above, You must inform Us of Your decision within the Cooling Off Period. You may inform Us of this in any way You wish. However, for Your convenience, a sample cancellation notice is included in the Schedule to these Terms. If You cancel by email, Your cancellation is effective from the date on which You send Your cancellation. Any cancellation notice should be sent to Us by email at theshortgirlsclub@thepetitelady.co.uk.
10. Cancellation by You after the Cooling Off Period
10.1 If You contract with Us as a Consumer, the Consumer Rights Act 2015 gives You certain legal rights in relation to any digital content We may supply as part of the Membership, which are summarised below. Nothing in the Agreement will affect those legal rights.
Summary of Your key legal rights as a Consumer
• The Consumer Rights Act 2015 says any digital content We supply must be as described, fit for purpose and of satisfactory quality.
• If any digital content We supply is faulty, You have the right to reject it within the first 30 days and obtain a refund. After the 30 days have expired, You are entitled to a repair or a replacement.
• If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back.
• If You can show the fault has damaged Your device and We haven’t used reasonable care and skill, You may be entitled to a repair or compensation.
10.2 You may cancel the Agreement immediately and obtain a refund if You can show We were in material breach of the Agreement. For further details of Your legal rights in the event of a breach of the Agreement by Us, please contact Your local Citizens’ Advice Bureau.
10.3 You may also cancel the Agreement by selecting the ‘Cancel My Membership’ option in Your Account. A cancellation under this Clause 10.3 will take effect on the day immediately preceding the day on which Your next Membership Subscription Fees would have been due, but for Your cancellation.
10.4 If You cancel the Agreement under Clause 10.3:
10.4.1 You will not be entitled to any refund of the Membership Subscription Fees already paid by You; and
10.4.2 You will not be liable to pay any further Membership Subscription Fees after the date on which Your notice of cancellation takes effect.
11. Our right to terminate the Agreement
11.1 We shall have the right to terminate the Agreement immediately if:
11.1.1 You breach any of the terms of the Agreement including but not limited to:
11.1.1.1 Your obligations in Clause 5;
11.1.1.2 Your obligation to pay the Fees in full and on time, in accordance with Clause 6; or
11.1.1.3 Your obligations in respect of the Confidential Information (Clause 7) and the Intellectual Property (Clause 8);
11.1.2 You are declared bankrupt or enter into an insolvency or administration procedure or voluntary arrangement or composition with creditors; or
11.1.3 You have in Our reasonable opinion acted in such a way as might affect Our goodwill or reputation, or Our ability to deliver the Membership to You or to other Members.
11.2 We shall have the right to terminate the Agreement if an Event Outside Our Control occurs that continues for more than 60 days, or if We are unable to provide or continue to provide the Membership due to the non-availability of the necessary personnel and/ or materials, or for technical reasons.
11.3 We shall have the right to terminate the Agreement, at any time and for any reason, on 30 days’ written notice.
11.4 If We terminate the Agreement under this Clause 11:
11.4.1 You shall not be entitled to any refund of the Membership Subscription Fees (or any part thereof) already paid by You as at the date of Our termination; and
11.4.2 You shall not be liable to pay any further Membership Subscription Fees after the date on which Our notice of termination takes effect.
12. Effects of cancellation or termination
12.1 Upon cancellation, termination or expiry of the Agreement:
12.1.1 any outstanding Fees due from You to Us under the Agreement shall become immediately due and payable;
12.1.2 The licence referred to in Clause 8.2 shall terminate;
12.1.3 You will cease to have access to the Membership and the Membership Content;
12.1.4 We shall have no obligation to return to You or remove any written or recorded content contributed by You, including to any forum or community group associated with the Membership;
12.1.5 all clauses of the Agreement which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;
12.1.6 termination or cancellation shall not affect any remedy which the terminating party may have in relation to any breach of the Agreement; and
12.1.7 save as provided in this Clause 12, and in respect of any accrued rights, neither party shall be under any further obligation to the other.
13. Our liability
13.1 Subject to the remainder of this Clause 13, We will be responsible for any foreseeable loss and damage that You may suffer as a result of Our breach of the Agreement or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Agreement is entered into. We will not be responsible for any loss or damage that is not foreseeable.
13.2 We make reasonable efforts to ensure that any Membership Content We provide is accurate, complete and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this regard. We are under no obligation to update the Membership Content after it is provided to You.
13.3 The Membership is intended for non-commercial use only. Accordingly, We shall not be liable in respect of any loss of profit, loss of business, interruption to business, loss of business opportunity, loss of goodwill or reputation or any indirect, special or consequential loss or damages.
13.4 We shall not be responsible for the contents of any advice and support given to You by other Members in the course of the Membership. We have no obligation to check and correct any incorrect or inaccurate advice which may be given by Members.
13.5 Without prejudice to the generality of Clauses 13.1 – 13.4, all warranties and representations are excluded to the fullest extent permitted by law.
13.6 Our total liability to You in respect of any claims arising out of or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the total Fees paid by You under the Agreement.
13.7 Nothing in the Agreement seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, or for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded by English law, or to limit Your rights as a Consumer.
13.8 The provisions of this Clause 13 shall survive the termination or expiry of the Agreement.
14. Events outside Our control
We shall not be liable for any failure or delay in performing Our obligations under the Agreement where such failure or delay results from circumstances beyond Our reasonable control, including but not limited to acts of God, governmental action, war, terrorism, civil unrest, epidemic, pandemic, industrial action, or failure of utilities or internet services.
15. Data Protection
15.1 All personal information that You and We may use shall be collected, processed and held in accordance with the provisions of the Data Protection Legislation and the data subjects’ rights (including the rights of the parties to the Agreement) under the Data Protection Legislation.
15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to the Privacy Notice which is available on request or on Our Site.
15.3 By entering into the Agreement, You consent to Us holding, processing and accessing Your personal data for all purposes relating to provision of the Membership under the Agreement, in accordance with Our Privacy Notice and this Clause 15.
16. No Waiver
No failure or delay by Us in exercising any of Our rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by Us of a breach of any provision of the Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
17. Assignment, Sub-Contracting and Third Party Rights
17.1 We may transfer (assign) Our rights under the Agreement to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed in writing. Your rights under the Agreement will not be affected and Our obligations under the Agreement will be transferred to a third party who will be bound by them.
17.2 You may not transfer (assign) Your obligations and rights under the Agreement without Our express written permission.
17.3 We shall be entitled to perform any of Our obligations under the Agreement through suitably qualified and skilled sub-contractors.
17.4 The Agreement is between You and Us. No part of the Agreement is intended to benefit or confer rights on any other person, and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
17.5 Subject to the above provisions of this Clause 17, the Agreement shall continue and be binding on Your and / or Our transferee, successors and assigns, as required.
18. Severance
In the event that one or more of the provisions of the Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of the Agreement. The remainder of the Agreement shall be valid and enforceable.
19. Entire Agreement
19.1 The Agreement contains the entire agreement between You and Us with respect to its subject matter and supersedes and extinguishes all previous agreements, assurances, warranties, representations and understandings between You and Us with respect to its subject matter.
19.2 You and We acknowledge that, in entering into the Agreement, You and We do not rely on any representation, warranty, assurance or other provision (made innocently or negligently) except as expressly provided in the Agreement, and shall have no remedies in respect thereof.
20. Amendments to these Terms
We may revise these Terms from time to time. If We make changes to these Terms which will materially affect Your rights or obligations under the Agreement, We will give You written notice of the changes before they take effect, and provide details of how to cancel if You do not agree with them.
21. Contact details, feedback and complaints
21.1 If You wish to contact Us with general questions, You may contact Us by email at theshortgirlsclub@thepetitelady.co.uk. For matters relating to cancellations, please see Clause 9 above.
21.2 We always welcome feedback from Our clients, and will use all reasonable endeavours to ensure that Your experience of the Membership is a positive one. If You do have any complaint or issues with the Membership or services provided by Us, please contact Us as soon as possible at theshortgirlsclub@thepetitelady.co.uk. We will work collaboratively with You to resolve any such issues in a constructive way.
22. Law and Jurisdiction
22.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
22.2 As a Consumer, any dispute, controversy or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the courts of England & Wales, Scotland or Northern Ireland as determined by Your residency.
SCHEDULE
MODEL CANCELLATION FORM
I hereby give notice that I wish to cancel the Membership Agreement dated [insert date] (the “Agreement”).
I confirm that I entered into the Agreement as a consumer, and not wholly or partly for the purposes of any business. I confirm that I have not downloaded or streamed any Membership Content, and understand that if I have done so, I no longer have the right to cancel the Agreement.
Name and address of consumer(s):
Signature of consumer(s):
Date:
