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Zima Club Membership. Terms and Conditions.
OUR TERMS
- THESE TERMS
1.1. What these terms cover. These are the terms and conditions of membership in Zima Club.
1.2 Why you should read them. By proceeding with the registration or renewal process for membership of Zima Club, you agree to be bound by these terms and conditions. Please read these terms carefully. These terms tell you who we are, how the membership operates, how you and we may change or end the membership, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Articulate Communications Agency Ltd, trading under the name Zima Club, a company registered in England and Wales. Our company registration number is 05497962 and our registered office is at Dawson House, Jewry Street, London EC3N 2EX. Our registered VAT number is 882119614.
2.2 How to contact us. You can contact us by telephoning our customer service team by writing to us at club@zimamagazine.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- DEFINITIONS
3.1. “Club” means Zima Club.
3.2. “Club premises”means facilities and venues used by the Club from time to time.
3.3. “Commitment Period” means a 12 months period of membership starting on the first day of the calendar month in which you join (even if you join after the first day of the month).
3.4. “Event” means anything organised and hosted by the Club.
3.5. “Event Fee” means a non-refundable fee payable for registration and attendance of the Club’s events.
3.6. “Manager”, “Management”, “Management Team” means any member of the Zima Club’s staff acting on the authority of the manager on duty.
3.7. “Member” means a person accepted into membership of the Club and who has paid the appropriate membership fee.
3.8. “Membership Fee” means a non-refundable fee contracted over twelve months. This fee does not include the Event Fee.
3.9. “Supplier” means any third party supplier or organiser of an Event.
- 4. MEMBERSHIP
4.1. Duration.When you join the Club you are agreeing to remain a member for a Commitment Period. This Commitment Period is a core term of membership necessary to allow us, as a private Club, to commit to the level of investment required in providing equipment and facilities to the standard expected by our members.
4.2. Termination and refundsYou may terminate your membership and get a full refund, but no later than one complete calendar month from the date of enrolment. The Club may also terminate your membership by giving you at least one complete calendar months’ notice (unless a shorter period of notice is permitted under these terms of the Club Rules). We may, however, terminate your membership immediately if:
4.2.1. you, or your guests, commit a serious or repeated breach of these terms or the Club’s Rules and, in particular, if you do not adhere to the safe and proper use of the Club’s equipment or facilities as instructed by our staff or in Club notices;
4.2.2. the behaviour or conduct of you, or your guests, is reasonably deemed by the Club to be improper or likely to endanger the welfare, safety, harmony or good reputation of the Club;
4.2.3. any part of your membership fee remains unpaid 30 days after its due date;
4.3.4. you provide us with materially false or misleading details when applying for membership;
4.3.5. you misuse your membership card.
4.3.6 If we terminate your membership for any of the above reasons or you terminate later than one complete calendar month after the date of enrolment, no refund is paid.
4.5. Membership Card. You will be issued with a membership card, which will be personal to you and remain the property of the Club and you must return it to the Club on your membership coming to an end. You must present your membership card to the Club reception on each visit before using the facilities and report any loss of your card to the Club immediately. Any misuse of your membership card may lead us to terminating your Club membership immediately.
4.6. Acceptance and Entry.Acceptance as a member is at the Club’s absolute discretion. The Club reserves the right to prevent entry of any person for any reason whatsoever.
4.7. Member’s benefits.Members of the Club may receive benefits from our partners and their projects. We will communicate this to our members.
- FEES
5.1. The Membership Fee for joining the Club is £300 if you join on or before 18 April 2019.
5.2. The Membership Fee does not include the Event Fee. We will give you the option to register for any event of the Club and pay the Event Fee before an event. The Event Fee will vary every time, but we will always keep it to a minimum and calculate to reflect the interests of the members of the Club.
5.3. All fees stated include VAT.
5.4. We may appoint a payment processing agent to receive and collect your monthly or annual direct debit instalments and in respect of payments made by a debit/credit card.
5.5. If your bank fails to make a due direct debit payment from your account, we (or our processing agent) will write to advise you of this. We (or our processing agent) may apply to your bank for payment by direct debit for up to two times and we (or our processing agent) reserve the right to refer any missed payments to a debt collection agency. We may charge a fee for failed direct debit payments and/or letters sent to you in respect of unpaid amounts.
5.6. The Club reserves the right to require satisfactory confirmation of the name and address of any member and to restrict the amount of cash it will accept in settlement of fees or other amounts due.
5.7. We may charge a reasonable fee of up to £30 for any of the following: replacing lost membership cards, processing failed due direct debit payments and recovery of unpaid fees.
- CLUB RULES
6.1. As a member you must comply with the Club Rules, which relate principally to the use of the facilities and members’ conduct. A copy may be supplied to you upon request on joining. We may (unless stated elsewhere in these terms) make reasonable changes to the Club Rules from time to time.
- USE OF CLUB, ITS FACILITIES AND VENUES
7.1. You will only be permitted to use the Club, its facilities and venues provided that your membership is current and fully paid up.
7.2. Your use of any Club’s facilities and venues is entirely at your own risk, except to the extent that there is any negligence or breach of any legal duty by the Club or its staff.
7.3. You must take care to safeguard your own health and safety and that of other people whilst using the facilities and venues.
7.4. You will be responsible for any harm or injury that you cause to yourself or another person or to the Club to the extent that it is caused through your unsafe or improper use of the facilities or venues.
7.5. The Club will not be responsible for any loss, harm or injury to you to the extent that this is caused by your unsafe or improper use of the facilities or venues or your failing to advise Club staff of a medical condition relevant to your use of these.
- CLUB’S EVENTS
8.1. You will only be permitted to attend the Club’s Events provided that your membership is current and fully paid up as described in clause 5 of these terms.
8.2. Members are to only book onto Events for their own sole use, and cannot do so on behalf of others without written permission from the Club.
8.3. You will be asked to pay the Event Fee if you wish to attend an Event. Payment for any Event may be made by transfer from your bank account or online by credit/debit card. Payment shall be made in GB Pounds sterlingor in another currency, but the exchange rates applied by the Club’s bank will be used. No payment for any Event shall be deemed to have been received until the Club has received cleared funds.
8.4. We will aim to arrange at least one Event each month. You may register and attend any Event of the Club, but we reserve the right to refuse entry to anyone for any reason whatsoever.
8.5. Every effort is made to ensure that prices for Events shown on the Club’s website are accurate. If a booking has been accepted and an error is found the Club will inform you as soon as possible and offer you the option of reconfirming for the Event at the correct price or cancelling your booking for that Event. If you cancel because of such error the Club will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
8.6. The Club shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided by this clause and clause 8.5. Where cancellation arises and is the fault of the Supplier of an Event the terms and conditions of that Supplier shall apply. The Club will use reasonable endeavours to recover payment of the monies paid by the member for the Event but shall not be obliged to commence legal proceedings. The Club will communicate to the Members where the liability will lie with the Supplier.
8.7. The Club gives no warranty that the provider of an Event will accept your booking or that such provider will not cancel or vary the Event. If an Event requires a minimum number of participants and that number has not been booked by the deadline date set out on the website the Club or the Supplier may cancel the Event and liability shall be limited to the return of the sum paid by you.
8.8. Some variations to the contents, date and time of the Events, venue and speakers or arrangements for an Event may be made. There may be no right to cancel or obtain a refund for these changes as these will be dependent on factors outside our control.
8.9. Should you wish to cancel your participation in an Event after placing a booking you must notify the Club by email at the email address shown on the website.
8.10. You must ensure that you are physically fit and capable of taking part in any Event for which you subscribe and in applying to take part in such Event you warrant to the Club that you are physically suited to take part in such Event and will remain so throughout the Event.
8.11. Unless otherwise stated it is your responsibility to arrange travel to the Event and where applicable to comply with any passport, visa or inoculation requirements.
8.12. The right to participate in an Event is not transferable.
8.13. You must provide proof of membership at Events when requested to do so. Failure to do so may lead to inability to participate in an Event.
8.14.Participation in all Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part. When refusal to do so prevents your participation in the Event the Club shall have no liability to provide compensation.
- VALUABLES AND LIABILITY:
8.1. The Club uses all reasonable efforts to provide a secure environment at the Club. Nevertheless the Club cannot eliminate entirely the risk of theft, damage or loss of members’ personal possessions and we advise you not to bring valuable items to the Club.
8.2. Please note that although we do not limit liability for death or personal injury caused by our negligence, the Club will not be responsible or liable to you (except to the extent that we are negligent or in breach of any legal duty) for:
8.2.1. any loss or damage to any of your possessions;
8.2.2. the criminal acts of any person on the Club premises such as theft;
8.2.3. loss or damage caused through misuse under any circumstances of stolen keys, wallets, purses, credit cards, debit cards or cheque books;
8.2.4. loss or damage caused through a third party providing independent services or facilities to members on Club premises;
8.2.5. damage to or loss of or from vehicles and bicycles left in the Club’s car park or premises;
8.2.6. events which we could not have foreseen or forestalled even if we had taken all reasonable care.
8.3. CCTV. In the interests of security and the health and safety of members and staff, the Club may operate CCTV cameras at various points inside and outside its premises. Access to recorded images will be restricted to authorised members of staff only.
- NOTICES:
11.1. Notices from you to the Club must be in writing. The Club reserves the right to require evidence of posting or delivery where it has no record of receipt or the date of any notice appears inconsistent with the date of receipt. In these cases the notice will be deemed not given unless such evidence is produced. Any notice handed to the Club must be receipted.
11.2. Notices from the Club to you will be provided to you in writing using the details from the membership records (or, where these terms permit, displayed on notice boards at the Club).
- HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1. How we will use your personal information. We will only use your personal information in accordance with the General Data Protection Regulation, the Data protection Act 2018 and any other relevant law applicable to us.
12.2. By purchasing membership you are agreeing to be added to our newsletter. This is a benefit of the Club as it keeps you updated on Club events and activities. Should you wish to unsubscribe you can do so at any time using the links available in the footer of the email.
- OTHER IMPORTANT TERMS
13.1.Contractual Changes. The Club may from time to time change or add to these terms for security, legal or regulatory reasons. If any change has a material adverse effect on your use of the Club you may terminate your membership at any time on giving the Club 30 days’ notice.
13.2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
13.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but you continue to enjoy the benefits of the Club, we can still require you to make the payment at a later date.
13.5. Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
13.6. Force Majeure. The Club will not be deemed to be in breach of these terms by reason of any delay or failure to perform in accordance with these terms if such delay or failure is due to any cause beyond the Club’s reasonable control.