Membership
Agreement Terms and Conditions
|
 |
|
Your
attention is drawn in particular to the clauses in these Conditions in
bold type which exclude or limit our liability.
|
| 1.
EXPLANATION OF CERTAIN WORDS |
|
| 1.1 |
"Membership
Agreement" means the agreement between you and us relating
to the Membership Services;
"Membership
Fee" means the membership fee(s) referred to in clause 5;
"Membership
Registration Form" means the form that we ask you to complete
to apply for membership of Crewise
"Membership
Services" means the Crewise membership services described
in clause 6 as amended from time to time;
"Membership
Year" means 12 months in each year inclusive;
"Participating
Retailers" means the retail outlets and service providers
who agree with us to provide special privileges to members of
Crewise
"We"
and "Us" means Crewise Limited, a company incorporated
in England (registered number: 4000001) whose registered office
is at Scottish Mutual House, 35 Peter Street, Manchester M2
5BG;
"You"
means the customer we make these Conditions with and it includes
a person who we believe is acting with your authority.
|
| 1.2 |
In these Conditions
words importing gender include each other gender; references to persons
include bodies corporate, firms and unincorporated associations; and
the singular includes the plural and vice versa. |
| 1.3 |
Headings in these
Conditions are included for convenience only and shall not affect
their interpretation. |
|
| 2.
DATA PROTECTION AND PRIVACY POLICY |
|
|
Because
your privacy is important to us we operate by the following principles:
|
| 2.1 |
The information
provided by you to us on the Membership Registration Form will be
held by us on our servers and computers and used by us to review,
develop and improve our Membership Services and to enable us to provide
you with relevant information through our marketing programmes. |
| 2.2 |
We may inform
you from time to time by post and e-mail about new features and services
which we believe may be of interest to you.
|
| 2.3 |
We may disclose
information or data which is provided by you on the Membership Registration
Form to other companies or organisations, carefully selected by us,
who may send you information from time to time. If you do not want
your information or data to be used or disclosed in this way you may
opt out by indicating on the Membership Registration Form your desire
not to receive such additional information. |
| 2.4 |
The information
and data provided by you may be transferred outside the country where
it is submitted to us. If you are submitting such information or data
from a country within the European Economic Area ("EEA") it is possible
that it will be transferred outside the EEA.
|
| 2.5 |
We will not hold
such information or data for any longer than is necessary for the
purposes set out in this clause 2. |
| 2.6 |
You may have
the right, on payment of a fee, to request access to and/or the correction
or deletion of any personal information about you held by us. If you
have the right and/or if you have any questions concerning this Data
Protection and Privacy Policy please contact us by e-mail at DavidBrockway@Crewise.com.
|
| 2.7 |
By accepting
these Conditions you consent to the use (including processing and
storage), transfer and disclosure of your information and data referred
to in this clause 2 for the purposes set out in this clause 2. |
|
| 3.
CONTRACT |
|
| 3.1 |
We will provide
you with the Membership Services subject to these Conditions, which
shall govern the Membership Agreement. |
| 3.2 |
The Membership
Agreement shall not come into force until we have confirmed in writing
our acceptance of your completed Membership Registration Form and
we have received payment in full for the Initial Membership Period
(as defined in clause 4.11). |
|
| 4.
DURATION OF MEMBERSHIP |
|
| 4.1 |
You agree to
join for an initial membership period of one year from the day following
receipt by us of your Membership Fee (the "Initial Membership Period").
|
| 4.2 |
At the end of
your Initial Membership Period or any subsequent extension of it under
this clause (a "Renewal Period") your membership will be extended
for a period of one year unless you give to us written notice that
you wish to terminate it, such notice not to be given later than twenty-one
days prior to the end of your Initial Membership Period or any Renewal
Period (as the case may be). |
|
| 5.
MEMBERSHIP FEE |
|
| 5.1 |
The Membership
Fee and any additional fees for the current membership year will be
set out on the Membership Registration Form and on the Website. |
| 5.2 |
You agree to
pay the applicable Membership Fee in full prior to the commencement
of your Initial Membership Period and any subsequent Renewal Period.
|
| 5.3 |
All Membership
Fees shall be paid by cheque or credit card. |
| 5.4 |
We shall be entitled
to increase the Membership Fee annually at the end of a Membership
Year. We shall notify you of any such change by post and e-mail and
shall give at least thirty days notice of any such increase. |
| 5.5 |
[VAT]. |
|
| 6.
MEMBERSHIP SERVICES |
|
| 6.1 |
In
return for your Membership Fee we shall:
6.1.1 issue
to you annually a Crewise Passport containing a comprehensive
global guide to the products, services and specially negotiated
rates available to you from Participating Retailers;
6.1.2 issue
to you annually a Crewise Discount Card showing your name and
membership details which you should present to the Participating
Retailers to obtain the special discounts and privileges; and
6.1.3 grant
to you access to the Crewise.com website (subject to your acceptance
of the terms of use of the Website).
|
| 6.2 |
As a member you
may elect to upgrade your membership by payment of an additional fee
which shall enable you to use our worldwide event management service
to contact other members of the World Privilege Club. |
| 6.3
|
You acknowledge
that all contracts for the purchase of goods and/or services from
any of the Participating Retailers that you may make are made solely
between you and the Participating Retailer concerned and that we will
not be a party to any such contracts. |
| 6.4 |
We will use our
reasonable endeavours to ensure that the details of the goods and
services and specially negotiated rates applying to them appearing
in the Crewise Passport and all other information provided by us to
you are accurate but you acknowledge that we cannot guarantee their
accuracy or give any warranties about such goods and services. Accordingly,
you should always check the relevant details with the appropriate
Participating Retailer and ensure that the goods and/or services are
suitable for your purposes before committing yourself. |
| 6.5 |
You acknowledge
that the Crewise Passport and the Crewise Discount Card are our property
and shall remain our property at all relevant times. |
|
| 7.
YOUR RESPONSIBILITIES |
|
| 7.1 |
You
agree that you shall:
7.1.1 sign
your Crewise Discount Card immediately upon receipt of it;
7.1.2 notify
us immediately by ringing the helpline on 0870 458 1276 if your
Crewise Discount Card is lost or stolen. A new card will be issued
to you. For training purposes some calls may be recorded;
7.1.3 not
permit your Crewise Discount Card to be altered or tampered with
in any way; and 7.1.4 not permit any other person to use your
Crewise Discount Card.
|
| 7.2 |
You acknowledge
that:
7.2.1 the
Crewise Discount Card can only be used in respect of goods and
service from Participating Retailers;
7.2.2 the
Crewise Discount Card remains our property and must be surrendered
by you upon request and that it cannot be used as a credit, debit
or guarantee card; and
7.2.3 we may
enter into agreements with other companies to offer you additional
discounts, goods or services and we may notify you, from time
to time, of any of the Participating Retailers listed in the Crewise
Passport which have ceased to be a Participating Retailer.
|
|
| 8.
OUR LIABILITY TO YOU |
|
| 8.1 |
We will exercise
reasonable skill and care in fulfilling obligations under the Membership
Agreement. However, we will have no liability to you other than to
exercise reasonable skill and care and all implied warranties and
conditions are excluded to the maximum extent permitted by law. |
| 8.2 |
Subject
to clauses 8.3 and 8.4, our liability, and the liability of our
agents, employees and sub-contractors to you or any other party
for any loss or damage whatsoever arising in connection with the
Membership Services (whether under the Membership Agreement or any
contract or in consequence of misrepresentation, mis-statement or
tortious act or omission, or otherwise (including, without limitation,
negligence or breach of statutory duty) is limited as follows:
8.2.1 no liability
is accepted for any financial loss or loss of anticipated savings,
profits or otherwise;
8.2.2 no liability
is accepted for any consequential loss or damage, costs, expenses
or other claims for consequential compensation whatsoever (whether
or not we have been advised of the possibility of such loss occurring);
and/or
8.2.3 all
other liability is limited to damages not exceeding the Membership
Fee paid by you in respect of any single incident or series of
connected incidents.
|
| 8.3 |
Nothing in these
Conditions shall exclude our liability for death or personal injury
as a result of negligence. |
| 8.4 |
In accordance
with the Consumer Transactions (Restrictions on Statements) Order
1976 nothing in these Conditions shall affect your statutory rights
as a consumer. |
|
| 9.
EARLY TERMINATION |
|
| 9.1 |
Either
we or you may terminate the Membership Agreement forthwith by written
notice to the other if:
9.1.1 the
other commits any material breach of the Membership Agreement
and, in the case of a breach capable of remedy, fails to remedy
that breach within thirty days after receipt of a written notice
giving full particulars of the breach and requiring it to be remedied;
and/or
9.1.2 the
other goes into liquidation, or (being an individual or a firm)
becomes bankrupt, makes a voluntary arrangement with his or its
creditors or has a receiver or administrator appointed or anything
analogous to any of the foregoing under the law of any jurisdiction
occurs in relation to that other.
|
| 9.2 |
We may terminate
the Membership Agreement forthwith by written notice to you if we
reasonably believe that any information provided by you on the Membership
Registration Form is incorrect. |
|
| 10.
EFFECT OF TERMINATION |
|
| 10.1 |
Any termination
of the Membership Agreement shall be without prejudice to any rights
or liabilities of ours or yours which have accrued on or before the
date of termination but neither we nor you shall have any rights or
liabilities to perform the Membership Agreement after the date of
termination. |
| 10.2
|
Upon
the termination of the Membership Agreement for any reason:
10.2.1 you
shall forthwith cease to use and return to us your Crewise Discount
Card and Crewise Passport and any other property belonging to
us at such address as we may direct at your expense; and
10.2.2 notwithstanding
any other provisions of these Conditions, the terms of clauses
2, 8 and 13 shall continue in force in accordance with their terms.
|
|
| 11.
MATTERS BEYOND OUR REASONABLE CONTROL |
|
|
We shall
not be liable for any delay in performing or failure to perform our obligations
under the Membership Agreement if such failure results from any circumstances
outside of our reasonable control, including (without limitation) act
of god, lightning, flood, exceptionally severe weather, fire, explosion,
war and disorder, industrial disputes, acts or omissions of persons for
whom we are not responsible (including telecommunications and internet
service providers) or acts of any local or central government or other
competent authority. Such delay or failure shall not constitute a breach
of the Membership Agreement and the time for its performance shall be
extended by such period as is equal to that during which performance is
prevented.
|
| 12.
MODIFICATION OF THESE CONDITIONS |
|
|
You acknowledge that
we may modify these Conditions at any time for any reason. Such modifications
shall become effective immediately upon us notifying you of such changes
in a way which we consider to be reasonable, including (without limitation)
by sending an e-mail message to you at the e-mail address given by you
on the Membership Registration Form. If you do not agree with the amended
Conditions you may terminate your Membership Agreement by giving Crewise
not less than thirty days written notice. By continuing to use the Membership
Services following any such modification you will be deemed to accept
such modification.
|
| 13.
GENERAL |
|
| 13.1 |
The Membership
Agreement is personal to you and you may not assign, transfer, declare
a trust in respect of, or otherwise dispose of, any of your rights
under the Membership Agreement to any other person. |
| 13.2 |
Nothing in these
Conditions or the Membership Agreement is expressly or impliedly intended
to confer on any third party any right to enforce any of its provisions
pursuant to the Contracts (Rights of Third Parties) Act 1999 (except
our agents, employees and subcontractors as provided for by clause
8). |
| 13.3 |
Any notice required
or permitted to be given by either you or us to the other under these
Conditions shall be in writing and in the English language and addressed
to us at our address on page 1 of these Conditions and to you at the
address given on the Membership Registration Form or to such other
address as you or we may at the relevant time have notified to the
other by giving notice pursuant to this provision. Any such notice
shall be sufficiently given if forwarded by first class pre-paid mail
(if both you and us are situated in the United Kingdom) or sent by
pre-paid air mail (in all other circumstances) and shall be deemed
to have been received (a) in the case of first class pre-paid mail,
two days after the date of mailing and (b) in the case of pre-paid
air mail, seven days after the date of mailing. |
| 13.4 |
No waiver by
us of any breach of these Conditions by you shall be considered as
a waiver of any subsequent breach of the same or any other provision.
|
| 13.5 |
If any provision
of these Conditions is held invalid or unenforceable in any jurisdiction
then it shall be ineffective to the extent of such invalidity or unenforceability
without invalidating or rendering unenforceable the remaining provisions
of these Conditions, and any such invalidity or unenforceability in
any jurisdiction shall not invalidate or render unenforceable such
provision in any other jurisdiction. |
| 13.6 |
These Conditions
are subject to the laws of England and Wales and you agree for our
benefit to submit to the exclusive jurisdiction of the English Courts.
|
Return
to top of page
|
 |
|
|