COLLABORATE MK LIMITED
TERMS AND CONDITIONS OF USE OF THIS WEBSITE
(“Terms of Use/Terms”)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
Last updated: Sept 2022
WHAT IS IN THESE TERMS?
These Terms are the rules for using Our website www.collaboratemk.co.uk (“the Website”) and the Services offered on it/in conjunction with it. It will form an agreement between You, the User of this Website (including any person using this Website on Your behalf) (“You/Your”) and Collaborate MK Limited and its affiliates, (“Collaborate MK/Us/Our/We”) the owner(s) of the Website. Any documents, policies and terms referred to below will be incorporated into these Terms by reference.
1. YOUR USE OF THE WEBSITE
1.1. By using Our Website, You confirm Your agreement to comply with and be bound by these Terms of Use, policies and guidelines incorporated in it. If You do not agree to all of these Terms, please do not use this Website.
1.2. We suggest that You print/save a copy of these Terms for future reference, but please note that the Terms may be amended from time to time, and You should always ensure You are referring to the correct and most updated version as published on Our Website.
1.3. These Terms apply to Your use of this Website at any time and for whatever purpose. It will not change the terms of any other agreement we may have in place with You now or in future.
1.4. You represent and warrant that You are over the age of 18 and are lawfully able to accept these Terms. If You are using the Website on behalf of any entity, You further represent and warrant that You are authorised to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Us for violations of these Terms.
1.5. This website is for use by persons and entities acting as property managers inside their business trade, craft and profession and is not aimed at or accessible to Consumers. This will be a business customer for purposes of these Terms. Any reference to a Consumer will be to an individual acting wholly or mainly outside of their trade, business, craft, or profession.
1.6. The Website will offer You, as Member of the Collaborate MK Members Club (“Member”), the opportunity to showcase your business and its details in various ways;
2. ABOUT US
2.1. Company details. Collaborate Mk Limited (company number 12785549) is a company registered in England and Wales and Our registered office is at First Floor, 44 High Street, Newport Pagnell, Bucks, MK16 8AQ. Our main trading address is 17 Rolvenden Grove, Kents Hill, Milton Keynes, MK7 6HZ. We own and operate the Website www.collaboratemk.co.uk (“the Website”).
2.2. Contacting Us. To contact us, telephone our customer service team at 01908 663500 or 07786 527845 or e-mail us at tim@collaboratemk.co.uk. If You would like to give Us formal notice of any matter under these Terms please refer to clause 19.2.
3. OTHER TERMS THAT MAY APPLY TO YOU
3.1. These Terms of Use refer to additional terms which also apply to Your use of the Website (“Additional Terms”):
3.1.1. Our Privacy and Cookie Policy you can find at https://collaboratemk.co.uk and see below how We may use Your personal information;
3.1.2. Club Membership Terms;
which are incorporated into these Terms by reference.
4. OUR CONTRACT WITH YOU
4.1. Entire agreement. We will rely on these Terms and Your order as the agreement between Us as far as is legally permissible. If You require any changes, please make sure that You ask for them in writing to try and help avoid misunderstandings of what we expect of each other. If You are a business, these Terms together with the Additional Terms above represent the entire agreement between You and Us in relation to Your use of the Website. You acknowledge that You have not relied on any statement, promise or representation, assurance or warranty that is not set out in these Terms. Our liability to You will also be capped to the value of the Services purchased by You if You are a business customer.
4.2. Transfer of Contract. We may transfer Our rights and obligations under these Terms to another organisation. We will always let You know if this happens and will make sure that Your rights under these Terms are not affected. You may not transfer Your rights to another party without Our prior consent.
4.3. Contracting Age. In order to validly contract with Us You must be 18 years or older. Please do not use this Website if You are not 18 years or older.
4.4. Location & Language. These Terms are intended for people residing in the UK. We do not represent that the content available on or through Our Website is appropriate for use in other locations and will be made only in the English language.
4.5. Amendments/Changes.
4.5.1. We may change Our Terms from time to time, to reflect any changes to what we offer, Our customer’s needs and Our business priorities. We will give you notice of these changes by publishing the updated Terms on the Website. You should check these Terms regularly and at least every time You use the Website to ensure that You are happy with any changes. You will be deemed to have accepted any changes to the Terms if You continue to access or use the Website.
4.5.2. We may also update and change Our Website from time to time.
5. ACCESSING OUR WEBSITE & ITS OPERATION
5.1. Website content & reliability disclaimer. The content on Our Website is provided for general information only. It is not intended to amount to advice that You should rely on. Although we make reasonable efforts to update the information on Our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Website is accurate, complete, or up to date. All materials and information are for publicity and informational purposes only. We disclaim all liability and responsibility arising from any reliance placed on such information by a business customer. We do not guarantee that the contents of the Website will be free of errors, trojans, viruses, bugs, worms or otherwise make any representations in respect of its quality, accuracy, or completeness of the content available on the Website.
5.2. Security & Your use of this Website. You are responsible for maintaining appropriate software on Your computer or device to protect You from any errors, bugs, worms, trojans or viruses.
5.3. Representations. You represent and warrant that You will comply with all applicable laws and regulations, including, without limitation, those relating to the internet, data, electronic communications, privacy, and the transmission of data applicable to the United Kingdom at the time of use, when using this Website. You also understand that it is necessary for You to comply with any and all laws and regulations applicable to You as a Landlord when interacting with your tenants using our Services.
5.4. Availability. We will use reasonable endeavours to keep the system available and maintain full system functionality at all times. We will not be liable to You or any other person in respect of any loss or damage arising from the unavailability of, or interruption of the Website or the Services as Our services are not essential.
5.5. Sign out. You must sign out of the Website once You have finished using the Website. If You do not do this, unauthorised transactions/activity may result, for which We will not be liable.
5.6. Accounts. Only United Kingdom residents will be eligible to open an account on Our Website. You can register for an account by completing and submitting the account registration form on Our Website.
5.7. Passwords. If You register for an account on Our Website or otherwise, You will be asked to choose a user ID and password which must comply with the content rules set out in clause 6 below and your Password and account details should not try to mislead or impersonate another business or person.
5.8. Password protection. You are responsible for access to the Website using Your Internet connection, even if this is by another person. You remain responsible for the safety and security of any password and log in details relating to the Website and any accounts you register for on it. To help protect against unauthorised access to Your account We suggest You store Your username(s) and password(s) safely and securely. We recommend that You don’t disclose Your username(s) and password(s) to anyone. We also recommend that You sign out of Your account at the end of each session. You may also wish to close Your browser window when You have finished Your session, especially if You share a computer with someone else or if You are using a computer in a public place.
5.9. Unauthorised access. If You suspect that unauthorised access has been made to Your account, You must notify Us immediately by contacting at tim@collaboratemk.co.uk We will investigate any suspicious activity. We reserve the right, and You authorise Us, to disable or block Your account and any user identification code or password at any time where it is suspected that unauthorised access has been made to Your account or for any other reasonable reason in Our discretion.
5.10. Restricted Access. We reserve the right to restrict Your access to the Website or part of it. You may sign up for different types of Services which will allow access to different parts of Our Website. Access to restricted areas of the Website may be subject to registration, additional fees and other conditions. If we grant You permission to access a restricted area of the Website (such as that part of the website only the subscriber to a particular Service can see), we may withdraw that permission at any time (including where You breach any of these Terms). We may, for example, suspend access to the Website during server maintenance or when we update the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website by for instance creating a new username/account.
5.11. Suspension or Cancellation of Your Account. We may (a)edit Your account details; (b)temporarily suspend Your account; and/or(c)cancel Your account at any time in accordance with clause 18 below.
5.12. You may cancel Your account on Our Website at any time. You will not be entitled to any refund if You cancel Your account in accordance with this clause, unless you have paid for Services upfront.
6. HOW YOU MAY USE THE MATERIAL ON OUR WEBSITE
When using this Website You undertake the following:
6.1. Use. You may not use this Website or the content for anything other than its intended use.. We may limit availability of Our Website to any geographical area and if You use it from another territory You may be at risk that it is not correct for Your area.
6.2. Restrictions. You may not:
6.2.1. print, download, copy, adapt or re-transmit any or all of the Website or the content except for Your personal, non-commercial use of the Website. This means You may print one copy for Your personal use. Our status as the authors of the content must always be acknowledged;
6.2.2. use any data mining, robots or similar data gathering or extraction methods;
6.2.3. manipulate or display the Website or its content by using framing or similar navigational technology;
6.2.4. register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any party if You are not expressly authorised by such party to do so or try to impersonate a party by doing so; and
6.2.5. use the Website or its content other than for its intended purpose or in violation of any applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications legislation and regulations;
6.2.6. use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement You make;
6.2.7. upload any data (where applicable and including usernames and passwords) which is malicious, false, misleading, fraudulent, defamatory or offensive in content. Any breach of this term constitutes a material offence and may result in the removal of such information and/or refusal by Us to allow any further dealings with You, and/or possible prosecution with the relevant authorities. In such event, You will have no claim or claims of whatsoever nature or kind against Us arising out of cancellation or prosecution as the case may be;
6.2.8. interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks;
6.2.9. transmit or otherwise make available in connection with the Website any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
6.2.10. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
6.2.11. remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website;
6.2.12. frame or mirror any part of the Website without Our express prior written consent;
6.2.13. create a database by systematically downloading and storing Website content;
6.2.14. use any manual or automatic device in any way to gather Website content or reproduce or circumvent the navigational structure or presentation of the Website without Our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
7. CONTENT THAT YOU AS USER UPLOAD
7.1. “Your Content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that You submit to Us or Our Website for storage or publication on, processing by, or transmission via Our Website.
7.2. Rights that You grant us by uploading Your Content:
7.2.1. an irrevocable, non-exclusive, royalty-free worldwide perpetual licence to use, reproduce, store, adapt, publish, translate and distribute Your content in any existing or future media, on and in relation to this Website and any successor Website(s).
7.2.2. the right to sub-license the rights licensed under this clause 7.2 and the right to bring an action for infringement of these licensed rights.
7.2.3. You hereby waive all Your moral rights in Your content, and You warrant and represent that all other moral rights in Your content have been waived (as far as is legally allowed).
7.2.4. You may edit Your content using the editing functionality made available on Our Website, to the extent that we provide for editing and it is possible.
7.2.5. Without prejudice to Our other rights under these Terms and conditions, if You breach any provision of these Terms and conditions in any way, or if we reasonably suspect that You have breached these Terms and conditions in any way, we may delete, unpublish or edit any or all of Your content and cancel Your account or access as set out in these Terms and clause 18 below.
7.3. Rules about Your Content
7.3.1. You warrant and confirm that Your Content will comply with these Terms fully.
7.3.2. Your content must not be illegal, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
7.3.3. Your content, and the use of Your content by Us in accordance with these Terms, must not be :
(a) libellous or maliciously false;
(b) obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation applicable form time to time;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation;
(h) blasphemous;
(i) in breach of official secrets legislation;
(j) in breach of any contractual obligation owed to any person;
(k) depict violence in an explicit, graphic or gratuitous manner;
(l) pornographic, lewd, suggestive or sexually explicit;
(m) be untrue, false, inaccurate or misleading;
(n) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(o) constitute spam;
(p) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(q) cause annoyance, inconvenience or needless anxiety to any person.
7.4. User-generated content is not approved by Us. This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms (if applicable). This information and these materials have not been verified or approved by Us. The views expressed by other users on Our Website do not represent Our views or values. If You want to complain about content uploaded by other users, please contact Us on at tim@collaboratemk.co.uk.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of or licensed to Us, Our affiliates or other relevant third parties. Such material is protected by applicable United Kingdom and International intellectual property, copyright and other relevant laws and You may not use any of the material on this Website without Our prior written permission.
8.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on this Website or unless given express written permission to do so by Us.
9. HOW WE MAY USE YOUR PERSONAL INFORMATION
9.1. Use. We will use any personal information you provide to us to:
9.1.1. provide the Club Membership and related Services;
9.1.2. process your payment for the Club Membership and related Services; and
9.1.3. inform you about similar services that we provide, but you may stop receiving these at any time by contacting us at this e-mail address tim@collaboratemk.co.uk.
9.2. We will process Your personal information in accordance with Our Privacy Policy that can be found at https://collaboratemk.co.uk- the Terms of which are incorporated into this Contract. We are committed to secure storage of Your personal information. Under no circumstances will We give or sell any information relating to Our clients to third parties, or organisations except to those of Our registered service providers who are required to render Services to You or for Services and information that you have requested and who are bound to comply with Data Privacy Legislation.
10. LINKS TO OTHER WEBSITES/APPLICATIONS
This Website may contain links to other websites or applications. Unless expressly stated, these sites are not under Our control and we don’t endorse the Website or its contents. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU – YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE IF YOU ARE A CONSUMER.
11.1. Disclaimer. We do not intend to exclude or limit in any way Our liability to You where it would be unlawful to do so or take away any of Your rights as a Consumer in the UK. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
11.2. If You are a Consumer and we fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this Contract or Our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the sales process.
11.3. If You are a business, We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity if You use this Website for commercial purposes. Where any information or Services on our Website is free, we will not be liable to You for any loss whatsoever. Our total liability to you for all claims in respect of these Terms will not exceed the total amount paid in Fees under the types of Services subscribed for in the prior 12 months. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of Your use of the Website or any breach by You of any provision of these Terms (in particular Your obligations in relation to Your Content).
11.4. Subject to clause 11.1 above, We exclude any and all liability to You resulting from Your use of the Website or these Terms, including but not limited to any type of damages, loss of data, income or profit, loss or damage to property belonging to You or third parties which is related to the use of the Website or its contents.
11.5. Subject to clause 11.1 above, Your use of the Website or its content in any way is done at Your own risk and We will not be responsible for any loss or damage to any device, computer, software, IT systems or data which results directly or indirectly from the use or inability to use the Website or its content.
11.6. Subject to clause 11.1, You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by Us and arising directly or indirectly out of Your use of the Website or any breach by You of any provision of these Terms and the Club Membership Terms (in particular Your obligations in relation to Your Content and use of the Services).
11.7. We take no liability for the Website being accessed by an unauthorised third party due to You not keeping Your login details secure.
11.8. We accept no liability for any disruption or non-availability of the Website resulting from external causes which is not in Our control, including, but not limited to, Internet Service Provider equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.9. The fact that We showcase/highlight the services of Club Members and provide their details on Our Website should not be seen as an endorsement of their quality of service/products or character of employees. We make no warranty as to this in any way and cannot be held liable in any way whatsoever for any actions or inactions of Our Club Members to any other Club Members or third parties.
11.10.This clause 11 will survive termination of these Terms and the contract formed with You.
12. MEMBERSHIP TO THE CLUB & SUBSCRIPTIONS
12.1. The Club Membership Options, Club Membership Rules and the Subscriptions payable in respect of the various Club Membership Options are detailed under the Club tab on the Website which you can access here www.collaboratemk.co.uk.
12.2. To become a subscriber to Our Website Services and the Club, You must pay the subscription Fees applicable to a particular Club Membership You choose. We use a payment platform to make and receive payments and you will be directed to it once you click “Checkout”. Subscriptions are due monthly and payment is set up on subscription, with our payment portal.
12.3. Please follow the onscreen prompts to purchase and subscribe to a Club Membership. You may only place an order using the method set out on the Website. Each order is an offer by you to purchase the Club Membership and related Services specified in the order, subject to these Terms.
12.4. Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order details are complete and accurate.
12.5. Acknowledging receipt of your order. After you place your order, you will receive an automated e-mail from us acknowledging that we have received it together with our invoice, but please note that this does not mean that your order has been accepted. We will consider various factors and make an overall assessment as to suitability to the group and We may decide to decline Your Club Membership application in our discretion and we will have no liability to you if we decide do decline it.
12.6. Accepting your order. Our acceptance of your order takes place after payment is received (in accordance with these Terms) and after we send an e-mail to you confirming both payment and acceptance to the Club. (“Order Acceptance”), at which point and on which date a Contract between you and us will come into existence. The Contract will relate only to that Club Membership and those related Services purchased, confirmed and accepted in the Order Acceptance.
12.7. If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by e-mail and we will not process your order or send an invoice. If you have already paid for the Club Membership, we will refund you the full amount within 4-5 days.
12.8. You will continue to enjoy access and the benefits of the particular Club Membership type You subscribed for as long as Your account is active, fully paid up and you comply with all these and the Club Rules.
12.9. We may from time to time vary the benefits associated with a subscription level, by giving You at least 1 month’s written notice of the variation, providing that, if in Our reasonable opinion such a variation results in a substantial loss of value or functionality to You, You will have the right to cancel Your subscription, and we will refund to You any amounts paid to Us in respect of any period of subscription after the date of such cancellation.
12.10.At the end of any period of subscription for which You have paid, and subject to the other provisions of these Terms and conditions, Your subscription will be renewed automatically and You must pay to Us the applicable subscription Fees as at the time of renewal, unless You cancel the subscription using the cancellation facility on Our Website before the date of renewal.
12.11.We will offer different Memberships at different times and may add or take away offerings as we deem commercially necessary.
13. CANCELLATION OF MEMBERSHIPS.
13.1. You may cancel your membership at any time by e-mailing our support team on tim@collaboratemk.co.uk. Your membership will only end on the last day of the month of your cancellation and no refunds will be given for any period up to that day.
13.2. As a new Member, you may cancel your membership for a full refund within your first 14 (fourteen) days of joining for the first time. This is our full money-back guarantee to you.
13.2.1. In order to withdraw an offer to contract or cancel a Contract on the basis described in this clause, You must inform Us of Your decision to withdraw or cancel by the end of the 14 days stated above. You may inform Us by means of any clear statement setting out the decision. In the case of cancellation, You may inform Us using the cancellation form at the bottom of these Terms. To meet the cancellation deadline, it is sufficient for You to send Your communication concerning the exercise of the right to cancel before the cancellation period has expired.
13.2.2. If You withdraw an offer to contract, or cancel a Contract, on the basis described in this clause, You will receive a full refund of any amount You paid to Us in respect of the offer or Contract, except as specified in this clause.
13.2.3. We will refund money using the same method used to make the payment, unless You have expressly agreed otherwise. In any case, You will not incur any fees as a result of the refund.
13.2.4. We will process the refund due to You as a result of a cancellation on the basis described in this clause without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
13.3. Should you have signed up to the monthly membership subscription and would like to switch to an annual membership, you will have to purchase the annual membership first and inform our customer support team at tim@collaboratemk.co.uk who will then cancel your monthly subscription for you. This switch can only happen within 7 (seven) days prior to your billing date and no part-month refunds will be given. Your monthly subscription will run out on the last day of the month in which you request the switch.
14. RESPONSIBILITIES
You should ensure that:
14.1. You fully comply with the Club Rules from time to time, failure of which may lead to us terminating Your Club Membership with notice and without penalty to Us;
14.2. the terms of your order are complete and accurate;
14.3. You cooperate with us in all matters relating to the Services & Club Membership; and
14.4. You provide us with such information and materials we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
14.5. You do not share your login details with any other person and use reasonable care to store such details. We will not be liable in any way should your details be intercepted, stolen or used without your knowledge to update or use the Services if this was due to no fault of ours.
14.6. We send electronic invitations for virtual events and meetings to all members to the email address you provided when you subscribed to your Club Membership. These electronic invitations are not transferable to third parties. In order for a guest or nominated replacement to join the virtual event or meeting you will need to contact us and provide the relevant email to which we will then send an electronic invitation. We retain the right not to allow any person or entity to attend our events and/or meetings in our sole discretion.
15. YOUR DEFAULT.
15.1. If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed here or the Club Membership Rules (“Your Default”):
15.1.1. we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 11.10 (Termination);
15.1.2. we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
15.1.3. it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
16. SERVICES & THIRD-PARTY SERVICES
16.1. We will offer different Memberships and Club Membership Services to You at different times and we may add or take away certain Services as we deem commercially necessary and depending on demand, without any liability to You for removing or updating Services;
16.2. As part of these Services, You will have the option to use third party services on third party websites or applications. We have no control over the quality or services offered by them in any way and am not responsible/liable in any way for the content, quality, user experience, failure or unavailability of their services;
16.3. Any third party services and in particular payment services such as our e-wallet services will be operated by that third party provider. You may need to agree to the terms of service of such provider and any information/data shared with that provider will be outside of our control. You indemnify us in full for any and all claims arising in any way related to such third party services and You will make sure that you are satisfied with the terms of such services before continuing to use it.
16.4. The fact that We showcase/highlight the services of Club Members and provide their details on Our Website should not be seen as an endorsement of their quality of service/products or character of employees. We make no warranty as to this in any way and cannot be held liable in any way whatsoever for any actions or inactions of Our Club Members to any other Club Members or third parties.
16.5. Similarly, We have Rules of Membership that our Members are required to strictly adhere to. Should You breach any of these rules, We will have the right to take steps in our discretion which may include any or all of the following:
16.5.1. Suspension of Your membership with immediate effect; and/or
16.5.2. Launch an investigation in the alleged behaviour (where applicable) and/or
16.5.3. Terminate Your Membership without refund of any Fees paid for the remaining period of Membership; and/or
16.5.4. Any corrective measures such as but not limited to suggestions to amendments to offensive behaviour.
16.6. Should a member breach the rules, it will remain in Our discretion to cancel their Membership or take any other disciplinary steps We deem necessary or appropriate. We will have no liability to You of whatever nature and however arising for the offensive behaviour or any other breach of Our Rules by a Member.
17. FEES
17.1. The Fees in respect of Our Website Services will be as set out on the Website from time to time (“Fees”).
17.2. All amounts stated in these Terms and conditions or on Our Website are stated exclusive of VAT.
17.3. You must pay the Fees in respect of Our Website Services to Us in advance, in cleared funds, in accordance with any instructions on Our Website.
17.4. We may vary Fees from time to time, by Us posting new Fees on Our Website and advising you in writing, but this will not affect Fees for Services and Memberships that have been previously paid for and agreed.
17.5. Any disputed payments must be brought to Our attention without delay with full details.
17.6. If You make an unjustified credit card, debit card or other charge-back then You will be liable to pay Us, within 7 days following the date of Our written request:
17.6.1. an amount equal to the amount of the charge-back;
17.6.2. all third party expenses incurred by Us in relation to the charge-back (including charges made by Our or Your bank or payment processor or card issuer);
17.6.3. an administration fee of GBP 25.00 including VAT; and
17.6.4. all Our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this clause 17.6 (including without limitation legal fees and debt collection fees),
17.7. For the avoidance of doubt, if You fail to recognise or fail to remember the source of an entry on Your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this clause.
17.8. We may at any time set off any amount that You owe to Us against any amount that we owe to You, by sending You written notice of the set-off.
17.9. We take all reasonable care to ensure that the prices published for the Club Membership and related Services are correct at the time when the relevant information was entered into the system., however it is always possible that, despite our reasonable efforts that some of the Club Membership and related Services on our site may be incorrectly priced. Where the correct price for the Club Membership is less than the price stated on our site, we will charge the lower amount and if the correct price for the Services is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Club Membership at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Club Membership and refund you any sums you have paid.
17.10.If your monthly recurring payment fails and you do not correct the failure and/or make payment in another way within 5 (five) days of receiving notice from us or the payment portal to do so, your membership will be automatically cancelled, and an automated notification will be sent advising you of the cancellation.
18. TERMINATION, CONSEQUENCES OF TERMINATION AND SURVIVAL
18.1. Termination. Without limiting any of Our other rights, We may suspend or terminate these Terms with You or revoke Your access to the Website or certain Services with immediate effect by giving written notice to You if:
18.1.1. Commit a material breach of any term of these Terms and (if such a breach is remediable) fail to remedy that breach within 5 (five) days of You being notified in writing to do so;
18.1.2. Acting in a fraudulent or other manner that reflects badly on Our image will constitute a material breach for purposes hereof, allowing Us to cancel with immediate effect;
18.1.3. We reserve the right to cancel the Contract between Us and Your account if:
(a) You do not make payment to Us when due;
(b) We do not/can no longer deliver Services to Your geographical area; or
(c) one or more of the Services You ordered was listed at an incorrect price due to a typographical error;
18.2. If We cancel Your Contract we will notify You by email and will credit to Your account any sum deducted by Us from Your credit card for Services not rendered yet, as soon as possible but in any event within 30 days of Your order. We will not be obliged to offer any additional compensation for any disappointment suffered.
18.3. If We cancel the Contract because You break the Contract, we will refund any money You have paid in advance for Services not received but we may deduct a reasonable amount as compensation for the net costs We will incur as a result.
18.4. You may cancel the Contract if We vary the Services to a degree that changes Your benefit substantially as described in clause 12.9 above and We will refund to You any amounts paid to Us in respect of any period of subscription after the date of such cancellation.
18.5. Consequences of termination. Termination of these Terms will not affect Your or Our rights and remedies that have accrued before termination.
18.6. Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
19. COMMUNICATIONS BETWEEN US
19.1. When We refer to “in writing” in these Terms, this includes e-mail.
19.2. Any notice or other communication given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or e-mail.
19.3. A notice or other communication is deemed to have been received:
19.3.1. if delivered personally, on signature of a delivery receipt [or at the time the notice is left at the proper address;
19.3.2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am (GMT) on the second working day after posting; or
19.3.3. if sent by e-mail, at 9.00 am (GMT) the next working day after transmission.
19.4. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19.5. The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
20. GENERAL
20.1. Waiver. If We do not insist that You perform any of Your obligations under the Contract, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You or that You do not have to comply with those obligations. If We do waive any rights, We will only do so in writing, and that will not mean that We will automatically waive any right related to any later default by You.
20.2. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.3. Third party rights. The Contract is between You and Us. No other person has any rights to enforce any of its Terms.
20.4. Governing law and jurisdiction. These Terms of Use, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, You may also bring proceedings in Scotland. If You are a business these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Consumer Contracts Regulations 2013: model instructions for cancellation (goods).
IF YOU ARE A CONSUMER, YOU WILL HAVE THE FOLLOWING RIGHTS (NOT FOR BUSINESSES)
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day –
(a)we accept your membership.
To exercise the right to cancel, you must inform us Collaborate Mk Limited (company number 12785549) is a company registered in England and Wales and Our registered office is at First Floor, 44 High Street, Newport Pagnell, Bucks, MK16 8AQ. Our main trading address is 17 Rolvenden Grove, Kents Hill, Milton Keynes, MK7 6HZ of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you.
We will make the reimbursement without undue delay, and not later than –
20.4.1.14 days after the day we receive back from you any goods supplied, or
20.4.2.(if earlier) 14 days after the day you provide evidence that you have returned the goods.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
