TERMS OF MEMBERSHIP (“AGREEMENT”)
THIS PAGE SETS OUT THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY SERVICES TO MEMBERS OF THE MEMBERSHIP PROGRAMME.
ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS.
IF YOU HAVE ANY QUESTIONS, CALL OUR MEMBERSHIP PROGRAMME REPRESENTATIVES AT 0845 672 2002 OR WRITE TO VISTAPRINT REWARDS PO BOX 587 EDGWARE HA8 4DX
WHEN WE SAY “WE”, “OUR” OR “US” IN THESE TERMS AND CONDITIONS, WE MEAN THE PROVIDER OF THE MEMBERSHIP PROGRAMME AS DETAILED BELOW.
1. WHO YOU ARE AND GENERAL NOTICES TO YOU
1.1 You are a potential/actual member of the membership programme (called the “Scheme”) as described in this document. If you enrol in the Scheme (called “Membership”) you will become a member of the Scheme (called a “Member”).
1.2 Importantly, a Member must be a human person who is:
1.2.1 an adult (i.e. aged 18 and over); or
1.2.2 enrolled with an adult’s express approval or on behalf of that adult at his/her express instruction.
1.3 A person who does not qualify as described in paragraph 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is aged 18 years or older or is acting at the express instruction or with the express authority or approval of an adult.
1.4 A person may not become a Member unless they are based in the United Kingdom, as this is the area we service. A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.
1.5 All general notices from us to Members will be displayed on the Scheme website from time to time or sent by email or letter.
2. MEMBER BENEFITS
2.1 A Member is entitled to access discounts and/or other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these discounts and/or other benefits, “Benefits”). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for limitations.
2.2 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to discounts, offers and promotions in respect of those products and services of third party vendors/providers.)
3. ACCEPTANCE AND TERM OF MEMBERSHIP
3.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by clicking the “YES” button on the Scheme enrolment page or by otherwise using the Scheme’s website. Once this button is clicked there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).
3.2 Membership starts from the time we notify you of your Membership number.
3.3 Membership lasts until your Membership terminates as detailed in paragraph 6.
4. MEMBERSHIP RULES
4.1 Only one Member is permitted per household per 12-month period.
4.2 Membership is non-transferable.
4.3 Only a Member and that Member’s Immediate Family may use the Membership (and “Immediate Family” means the Member, his/her spouse or partner and children living at the Member’s home.)
4.4 Benefits are not for resale.
4.5 A Member must promptly notify us on becoming aware of any unauthorised use the Membership number.
4.6 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift may be required to be an active member of the Scheme at the time the gift claim is processed.
5. MEMBERSHIP RENEWAL
Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in paragraph 6, that Member’s Membership will be renewed automatically and that Member will be charged the then-current Membership Fee, which will appear on that Member’s monthly billing statement.
6. TERMINATION OF MEMBERSHIP AND RIGHTS TO CANCEL
6.1 A Member may terminate this Agreement (i.e. cancel Membership) at any time by:
6.1.1 Calling us or emailing us on the telephone number listed on the Scheme website; or
6.1.2 By notifying us in writing at: VistaPrint Rewards, PO Box 587, Edgware, HA8 4DX
6.2 We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member’s account any sum deducted by us from the Member’s credit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.
6.3 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member’s cancellation request or our notice to the Member.
6.4 On termination:
6.4.1 If the termination is within the Trial Period (as to which please see paragraph 7.1 below), then no Membership Fees will have been payable and no Membership Fees will be payable by the Member;
6.4.2 If the termination is at any time after the Trial Period, then the Member will not owe any further Membership Fees other than what has already been payable (and the Member will not be entitled to refund of any past fees charged to the Member’s account).
7. MEMBERSHIP FEES
7.1 A Member is entitled to a trial period (the “Trial Period”). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.
7.2 After the Trial Period, a monthly Membership fee (i.e. the “Membership Fee”), payable in advance, will be automatically charged by a direct charge to the billing source authorised by the Member.
8. WARRANTIES, BENEFITS & DISCLAIMERS
8.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.
8.2 The Benefits have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits will be available therefore to all Members.
8.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits are continually changing and we do not and cannot represent or warrant that any particular Benefits will be available at any particular time. We reserve the right to eliminate, add, change and substitute Benefits from time to time without notice to any or all Members.
8.4 A Member agrees that we are not responsible or liable for any Benefits provided by providers and, if a Member has any claims relating to Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit.
8.5 Please note that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.
8.6 Other than as expressly set out in these Terms of Membership, we make and give no conditions, warranties or other terms, express or implied (including the conditions or warranties as to satisfactory quality, fitness for purpose) with respect to any Benefits or information provided to a Member.
8.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain a Member’s sole responsibility or that of the provider of the Benefits, as the case may be.
9. LIABILITY
9.1 This paragraph 9 prevails over all other paragraphs and sets forth our entire Liability, and your sole and exclusive remedies in respect of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and the Member; or b) otherwise in relation to the contract between us and the Member or the entering into or performance of the contract between us and the Member; or c) a Member’s use of or participation in the Scheme.
9.2 We do not exclude or limit our Liability for things we are not allowed to by law i.e. (i) fraud; (ii) death or personal injury; (iii) any breach of obligations implied by s.12 Sale of Goods Act 1979 or s.2 Supply of Goods and Services Act 1982; or (iv) any other Liability which cannot be excluded or limited by applicable law.
9.3 Except for the matters in paragraph 9.2, we do not accept and we exclude any Liability for Breach of Duty other than any such liability arising under the terms of the contract between the Member and us or under these terms and conditions.
9.4 Except for the matters in paragraph 9.2, we shall have no Liability for loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss; and such Liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of doubt, paragraphs the foregoing are excluded whether such losses are direct, indirect, consequential or otherwise.
9.5 Save as provided in paragraph 9.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £10; or b) 110% of the Membership Fees payable by the Member to us in the 12 month period prior to any particular cause of action arising.
9.6 The limitation of Liability under paragraph 9.5 has effect in relation both to any Liability expressly provided in these Terms of Membership (or the contract between the Member and us) and to any Liability arising by reason of the invalidity or unenforceability of any provision of these Terms of Membership (or the contract between the Member and us).
9.7 In this paragraph 9, “Breach of Duty” means the breach of any (i) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract or (ii) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty); and “Liability” means liability in or for breach of contract, Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with the contract between Member and us (or the use of the Scheme website), including, without limitation, liability expressly provided for or arising by reason of the invalidity or unenforceability of any provision of these terms and conditions or the contract between the Member and us (and for the purposes of this definition, all references to the “contract between the Member and us” shall be deemed to include any collateral contract).
10. TRADE MARKS, BRANDS ETC.
We are the operator of the Scheme and responsible for the production of the Scheme website. All trade marks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trade marks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners’ rights.
11. EVENTS BEYOND OUR CONTROL
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.
12. INVALID PROVISIONS
If any part of these Membership Terms or the contract between the Member and us is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part will not be affected.
13. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Membership Terms (or the contract between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
14. ENTIRE AGREEMENT
14.1 These Membership Terms, together with our privacy policy, set out the whole of our agreement relating to the Scheme and Membership. Nothing said by any sales person on our behalf should be understood as a variation of these Membership Terms or as an authorised representation about the nature or quality of the Scheme or Membership. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
14.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
15. NO WAIVER
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.
16. WHO WE ARE AND HOW YOU CAN CONTACT US
We are Adaptive Affinity Limited, registered in England. Our address is: Adaptive Affinity Ltd., Cavendish House, 369 Burnt Oak Broadway, Edgware, Middlesex, HA8 5AW. All notices from you to us must be by the methods set out in these Membership Terms. Our telephone number is: 0845 672 2002
17. GOVERNING LAW
The Scheme operates for the UK only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.
Oct 2005 V001