Terms and Conditions

TERMS AND CONDITIONS

Last updated: May 2021

Please read these Terms and Conditions (“Terms”) carefully before using https://catherinemorgan.com/ (the “Site”) or https://thecircle.catherinemorgan.com/ (The “Membership”) operated by Catherine Morgan (“us”, “we”, or “our”, “me”, “I”). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site or Service. 

By accessing or using the Site or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Founding members price & bonuses

The founding members price is valid for one use only. Should you for any reason choose to cancel your membership and re-join at a later date, the most up to date pricing will be applied to your membership.

Any membership bonuses (including free coaching calls) must be claimed and used within 12 months of any membership commencement. Any bonues unclaimed or unused after 12 months from the date your membership began will expire. Should you choose to cancel your membership for any reason, any bonuses which have not been claimed or used will expire on the date your membership ends.

Content 

All content on the website is owned exclusively by us, and may not be copied, reproduced, or shared in a way which suggests it belongs to anyone other than us. Quotes may be extracted from content on this site in the event that explicit permission is sought from us, and adequate credit is displayed.

Links To Other Web Sites 

Our Service may contain links to third-party web sites or services that are not owned or controlled by us.

Catherine Morgan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

FCA & Affiliates

Catherine Morgan/The Money Circle may receive financial compensation from a merchant if a reader chooses to purchase goods/services via links on this website. You are in no way obligated to make any purchases and there is no additional cost to the reader by using these links. I am always honest in my opinions and will only recommend products or services that I have either used myself, or that I believe could be of benefit to readers. The Money Circle is not regulated by The Financial Conduct Authority (FCA).

Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 

Data Storage 

This site uses cookies. For full details on how we use cookies and how we store any information related to cookies, please refer to our cookie policy here.

This site collects data related to purchases made on the site. For full details about how this information is stored, please refer to our privacy policy here.

We store data relating to subscribers of our mailing list. For full details of how we store and use this information, or how to remove yourself from our mailing list(s) please refer to our privacy policy here.

Purchase of digital products and services

The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Catherine Morgan/The Money Circle, a company registered in England and Wales, with company registration number 10267198.

These terms of sale (together with any relevant documents referred to in them) set out the terms on which we supply any of the following products via our site catherinemorgan.com (the site) and thecircle.catherinemorgan.com (the Membership) to you:

  • Digital downloads of audio products to your computer or mobile device
  • Digital downloads of video products to your computer or mobile device
  • Digital downloads of supporting materials (including booklets and worksheets) to your computer or mobile device

After you have read these terms of sale, you will be asked to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase this or any other anything digital products through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products or services, including the Membership, from our site.

By placing an order for digital products, courses, or services through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.

By placing an order for digital products, courses, or services through our site you agree that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order only. We work with third parties to process your payment (for example, Stripe) and they will also have access to your personal data to enable them to help us process/fulfil your order only. More information on how we may store, process and use your personal data is contained in our Privacy Policy.

You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.

You are responsible for ensuring that any hardware you use to download and/or access these digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.

Placing an order

After placing an order for any digital products, courses, or services via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.

The contract for the purchase of any digital products, courses, or services will only be formed when you have agreed to these terms of sale, we have received payment in full (or your first payment for monthly membership subscriptions) for the digital product, course, or service you are purchasing and we make the digital product available for download or access. We reserve the right, in our sole discretion to reject any order we receive.

Availability

All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.

Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.

Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.

Price and Payment

The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase, for example, part of a Service package.

Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.

Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device.  Note that overseas roaming charges may also apply. We will not be held liable for any such charges.

By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.

In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.

Special Offers

Joining the membership with a special offer discount or price is subject to the payment terms displayed upon joining.

Offers are valid only to the membership at the time of purchase. Should you choose to cancel and re-join any previous discounts or offers will no longer be valid.

We reserve the right to amend, remove, suspend, or update offers at any time without notice or liability to you.

Offers and discounts may include but are not limited to:

  • Discounted first year for annual members.
    • Discount is valid only for the first 12 months of membership, after which your renewal price will be the full annual price as displayed at the point of purchase. Should the annual fee increase during your 12 months, you will not be subject to any such increase.
  • Free months.
    • Free months are offered at our discretion.
    • Free months may be in any increment of 1-12.
    • You accept that joining on a free month basis enters you into a rolling subscription for which you will be charged the full monthly fee as stated at the point purchase after your free month period has ended.
  • Rolling discounted membership.
    • From time to time we may offer a discounted price on either our annual or monthly membership which rolls over for the entire length of the membership period or until the membership is cancelled.
    • Any such rolling discount will be valid on all payments until the membership expires, is ended by you, or is terminated by us.

Confidentiality

Personal information or business information that you supply to us, other than information that is in the public domain, will be treated confidentially and in line with our Privacy Policy. Confidential information will not be disclosed to any third party, including for the purposes of marketing, without your prior permission. We will only disclose your information if it is necessary for the performance of our services or where so required by law.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products.

All of the digital products that are available for sale on our site are owned or controlled by us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.

You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.

Our responsibility

We do not guarantee the accuracy of the content of our digital products, and you are responsible for the way you use its content.

We shall not limit or exclude our liability for:

  • death or personal injury;
  • any financial loss incurred;
  • fraud or fraudulent misrepresentation; or
  • any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.

We shall not be liable to you for any indirect, special or consequential loss or damage, including:

  • loss of profit;
  • loss of savings; or
  • loss of contract.

Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.

Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.

Events outside of our control

We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.

1. Introduction

  1. These terms and conditions govern the membership of The Money Circle Membership (“the Membership”) which is a membership service provided by The Money Panel Ltd ( “the Provider”, “We”, “Us”, “Our”) whose registered office is at John Wilson Business Park, 123 Harvey Drive, Whitstable, CT5 3QY, to you, the person purchasing access to the Membership (“the Member” “You”).
  2. Provision of the Membership will be subject to these terms and conditions and you are deemed to have accepted them when you purchase access to the Membership unless we expressly agree in writing otherwise.
  3. These terms and conditions along with our Privacy Notice which can be viewed at https://catherinemorgan.com/privacy-policy/ represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings.  Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice.  For the avoidance of doubt, these terms and conditions shall take priority over any other document in the event a conflict arises.
  4. The Agreement between us will commence when you purchase access to the Membership and it shall continue until such time as it is terminated in accordance with these terms and conditions.

2. Definition and Interpretation

  1. For the purposes of these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

Confidential Information: has the meaning as set out within Clause 9 below;

Member: means: the person accessing the Membership and paying the Membership Fee;

Membership Fee: means the amount payable in advance by the Member which entitles them to access the Membership;

Membership Period: means the time period of 1 month which begins the day after the Membership Fee is paid and continues on a rolling monthly basis;

Membership Services: means any or all of the services provided as part of the Membership including, but not limited to hosting of the Membership Site, access to a private members group, provision of video trainings and workbook downloads.

Membership Site: means the private group located at www.catherinemorgan.com

Personal Data: means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).

3. Access to Membership Services

  1. You may apply to access the Membership by entering your details and completing our sign-up page. By applying to become a Member you are confirming that you have read and agree to be bound by these terms and conditions.
  2. The information that you provide when applying to access the Membership must be true and accurate and by applying you are confirming that you are over 18 years of age.
  3. You will become a Member once we accept your application and cleared payment of the Membership Fee has been received. The decision to accept you as a Member is at our absolute discretion.
  4. We reserve the right to amend, revise or change the Membership Services we provide, or cancel, amend, change or reschedule any part as we reasonably require without any notice to you. We shall not be liable for any changes, amendments or cancellations that are made to the Membership Services.
  5. We reserve the right to withdraw your access to the Membership Site and/or the Membership Services and to terminate this Agreement where your conduct is, in our reasonable opinion, offensive, distressing or capable of causing alarm to another Member accessing the Membership Services. Where this Agreement is terminated in these circumstances you will not be entitled to any refund of any Membership Fee already paid.

4. The Services

  1. The Membership Site can be accessed at https://thecircle.catherinemorgan.com/. Access to the Membership Site and all of the Membership Services is via online means only and no alternative will be provided.
  2. We shall deliver the Membership Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace.
  3. In delivering the Membership Services we may engage the services of our employees, contractors and other third-party providers as necessary.
  4. In the event an unforeseen or unexpected event arises as contained in clause 11.3 which prevents us from delivering the Membership Services then you shall be notified by email. We shall not be liable to you for any failure or delay in delivery of the Membership Services or your failure to access the Membership Site or any associated group. In the event an unforeseen or unexpected event arises which continues for a period in excess of 90 days then either of us will be entitled to terminate or cancel this Agreement in accordance with clause 8. This clause does not affect your right to cancel and receive a full refund in accordance with clause 8.3 (if applicable).
  5. As part of the Membership Services we may provide you with materials, information, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your membership of The Podcast Membership and should not be copied, disclosed, or used for any commercial reasons without our express consent.
  6. Where, as part of the Membership Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
  7. The Membership is a group membership experience, and any information, support or guidance you receive will not be personal to you and should not be taken or relied upon as advice, guidance or information personal to you.
  8. It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Membership Site and use the Membership Services as provided. We shall not be liable to you in the event you are unable to access the Membership Site or any of the Membership Services.
  9. The Membership Site is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Membership Site or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Membership Site or our systems or processes which is caused due to routine or unexpected maintenance.

5. Your Obligations

  1. You acknowledge that the Membership is a group service and that by becoming a Member you are agreeing to conduct yourself in a reasonable and responsible manner at all times when accessing the Membership Site, any private groups, or during any group Sessions or calls and you agree not to act in a manner which may cause offence, distress or alarm to any other Member or any individual accessing the Membership.
  2. You accept that when you become part of the Membership that you may be required to review and make decisions concerning your career or business and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your membership with and participation in the Membership.
  3. In the event you have any concerns as to any aspect of our delivery of the Membership you agree to notify us of such concerns by email to hello@themoneypanel.co.uk as soon as possible. We agree that upon receipt of such notification by email we shall use our best efforts to work with you to resolve your concerns in accordance with our complaints policy.
  4. You agree to notify us by email in the event you become aware of any inappropriate behaviour or content being displayed on or in the Membership Site, within any of our associated groups, or within our associated social media channels.
  5. By becoming a Member, you agree to conduct yourself in a reasonable and responsible manner when accessing the Membership, the Membership Site, and any associated groups, and further you agree:

5.5.1. not to use the Membership Site or any other associated groups for any unlawful purpose;

5.5.2. not upload, post, transmit or otherwise make available any content that:

(a) infringes any Copyright, trademark, or other Intellectual Property rights belonging to the Provider or any other person or entity;

(b) is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;

(c) discloses personal and/or sensitive information about another person;

(d) is threatening or causes a Member to feel harassed or in fear;

(e) is classed as spam;

5.6. The Membership Site is a private area. To gain access to the Membership Site you will be required to set up an account and it shall be your responsibility to:

5.6.1 create your account; and

5.6.2. keep your password or any other access information private, safe and secure; and

5.6.3. to notify us should you become aware of, or suspect that a third party is aware of your password or access details.

6. When accessing the Membership Site, you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.

7. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:

a) any of these Terms and Conditions;

b) your participation in any way in the Online Course.

6. Fees and Charges

  1. The Fee for access to the Membership is £35 per month + VAT or £350 per year + VAT (“The Membership Fee”).
  2. All payments to be made to us shall be made in GBP by Stripe (“Payment Method”).
  3. The Membership Fee is calculated exclusively of VAT and any other taxes which may apply.
  4. Time shall be of the essence in respect of the payment of the Membership Fee.
  5. Payment of the Membership Fee shall be made without deduction, set off or any form of withholding except as is required by law.
  6. Cleared payment of the Membership Fee must be received by us before you are entitled to access the Membership Services.
  7. At the end of your Membership Period, unless you have cancelled your membership in accordance with Clause 8.1 below, your membership will automatically renew for a further Membership Period and you authorise us to request payment of the relevant Membership Fee from your chosen payment method.

7. Refund Policy

  1. No refund policy shall apply to your membership purchase save for Clauses 7.2 and 8.3.
  2. In the event an unforeseen or unexpected event arises in accordance with clauses 4.4 and 11.3 then you may be entitled to a partial refund of your Membership Fee paid based on a pro-rata calculation of any Membership Services which are yet to be performed or delivered. The decision to offer a refund in such circumstances is at our sole discretion.

8. Cancellation and Termination

  1. You shall have the right to cancel your membership by providing us with a minimum of 14 working days’ notice prior to the end of your Membership Period by email to hello@themoneypanel.co.uk 
  2. Where we receive a request to cancel your membership within 14 days from the date on which the first payment of the Membership Fee is made, then you will be entitled to a full refund of the Membership Fee paid (or relevant instalment) as at the date of your notice of cancellation.
  3. Upon cancellation or termination pursuant to these Terms and Conditions all payments in respect of the Membership Fee shall become immediately due and payable unless such cancellation has been effected pursuant to either Clauses 7.2 or 8.2.
  4. For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Membership and any of the Membership Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.
  5. We reserve our rights to terminate your access to the Membership Services, with immediate effect, if you:

(a) commit a material breach of your obligations under this Agreement; or

(b) fail to provide payment of any amount due in respect of the Membership Fee as and when it becomes due; or

(c) have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or

(d) enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or

(e) any of the circumstances arise as set out in clause 8.7.

6. We shall be entitled to limit the Membership Services or suspend, and/or terminate the arrangement without refund of any Membership Fee, whether paid or remaining due and payable, if we reasonably determine that you:

a) are becoming disengaged, disruptive or if you impair the provision of the Membership Services or the enjoyment of the Membership Services by any other Member. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Membership Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or

b) are failing to follow or abide by any of these Terms and Conditions or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.

8.7. Upon termination of this arrangement for any reason:

8.7.1. all clauses which either expressly or by their nature relate to the period after the delivery of the Membership Services or expiry or termination of the same shall remain in full force and effect; and

8.7.2. You shall (except to the extent referred to in clause 9.3) cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.

9. Confidentiality, Intellectual Property and Data Protection

  1. In order to benefit fully from your Membership, you accept that you may be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes, your ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential information”) that you may disclose to us or that may be disclosed as part of your Membership and your access to the Membership Services to which these Terms and Conditions relate.
  2. Confidential Information for the purposes of this Agreement excludes any information that:

a) was already known to us prior to being provided with that information by you;

b) is already accessible in the public domain;

c) is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or

d) is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.

3. We shall grant to you a personal, limited, non-transferable, revocable licence to access and use any materials and resources provided as part of the Membership Services solely for your personal use and for the purposes intended by these terms and conditions.

4. Where processing of Personal Data takes place, you shall be the ‘data controller’ and we shall be the ‘data processor’ as defined in the General Data Protection Act (‘GDPR’) as may be amended from time to time.

5. When dealing with your Personal Data we agree:

(a) To only process your data to the extent reasonably required to enable proper delivery of the Membership Services; and

(b) To only retain your Personal Data for as long as is necessary to allow completion and delivery of the Membership Services; and

(c) Not to disclose your personal Data to any third party other than to our employees, agents or advisors and shall ensure that any such persons agree to process the data in compliance with the relevant data protection legislation, namely the GDPR.

6. We confirm that we have put in place reasonable technical and organisational processes and measures to ensure the safety and security of any Personal Data processed by us on your behalf.

7. This clause will not apply in the event we are subject to a relevant court or other form of legal or statutory order requiring disclosure by us.

8. By purchasing access to the Membership you hereby agree and undertake that from the date of purchase;

a) not to infringe any of our, or any other Member’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;

b) that any Personal Data or Confidential Information disclosed by us or any other Member is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;

c) not to disclose such Personal Data or Confidential Information to any other person or use it in any manner other than in discussions as part of your participation in the Membership and your use of the Membership Services;

d) that all materials, information and any data provided by us is our confidential and proprietary intellectual property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us; and

e) the reproduction, distribution, and/or sale of any information or materials provided during provision of the Membership Services or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in this Agreement then damages, loss, or irreparable harm may arise and that in such circumstances we shall be entitled to seek relief, including injunctive relief against you.

9. We shall be permitted to disclose Personal Data or Confidential Information to any director, officer, employee, agent, sub-contractor or adviser only to the extent necessary for the performance of the Services.

1.0 All documentation and information disclosed to us in connection with your purchase of the Membership will be retained in accordance with relevant retention guidance for a period of no less than 6 years.

11. The provisions of this Clause 9 shall continue in force in accordance with their terms notwithstanding the termination of the arrangement for any reason.

12. We take our obligations under data protection and privacy law very seriously. For further details as to how your Personal Data will be processed please refer to the Privacy Policy held on our website at https://catherinemorgan.com/privacy-policy/

10. Liability

  1. Your purchase of the Membership and your compliance with these Terms and Conditions does not constitute or imply any business relationship other than as set out within this Agreement.
  2. We have made every effort to accurately represent the Membership Services provided as part of the Membership. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Membership Services provided.
  3. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:

10.3.1. any indirect, consequential or special damages, losses or costs;

10.3.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;

10.3.3. any failure to deliver the Membership Services where we are prevented due to a reason behind our reasonable control; or

10.3.4. any losses arising from your choices of Membership Service requested or your use of the Membership Services once delivered.

4. In the event damages are incurred by you as a result of our default or breach of this Agreement, our entire liability under this Agreement is limited to the amount of the Membership Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 10.4 is fair and reasonable given the nature of this Agreement and the provision of the Membership Services.

5. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

6. During the term of this Agreement and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would  reasonably be expected to lead to unwanted or unfavourable publicity to us, our  agents, employees, contractors, or clients.

7. In the event a dispute arises in connection with this Agreement and the provision of the Membership Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.

8. We both agree that we have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.

11. General

  1. The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
  2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
  3. Every effort will be made to deliver the Membership Services in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
  4. This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
  5. You agree that no other representations have been made by us to induce you into purchasing the Membership and no modification or variation to this Agreement shall be effective unless in writing and signed by us both.
  6. Save as provided for in clause 10.6 the Contracts (Rights of Third Parties) Act 1999 shall not apply.

Contact Us 

If you have any questions about these Terms, please contact us here.