8TH DAY UK LIMITED and 8TH DAY ADVENTURE LIMITED TERMS & CONDITIONS OF USE AND MEMBERSHIP
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE , PLACING ANY ORDER OR APPLICATION WITH THE COMPANIES OR EITHER OF THEM OR THE CLUB YOU AGREE TO APPLICATION OF THESE TERMS AND CONDITIONS.
“The Community ” means 8th Day Adventure Limited registered in England and Wales with No. 9462604
“The Club” means 8th Day UK Limited, registered in England and Wales with No. 05167236
“The Companies” means both or either of The Club or The Community as the context and or the facts require.
“Listing” means material, events and information placed or posted on the Site by a Partner
and which are not regulated by the Companies or the Club and will have no Host in attendance.
“Club Event(s)” mean(s) anything organised or hosted by the Club.
“Club Activities” are organized by Members or Suppliers for Members or their guests as part of the benefits of membership of the Club.
“Host” means a Member who acts as a host and point of contact for Club Events. A Host is not a legal or authorised representative of the Companies and cannot enter into any contractual obligations or liabilities on its behalf. Only Directors of the Companies can do so.
“Member” means any Member of the Club or any person or persons intending to or who have applied for Membership of the Club. No minor can become a member. Membership does not imply any interest as a shareholder
“Partner” means any 3rd party listing, advertising or placing or posting material or information whether for their events or otherwise on the Site.
“Service” means the provision of the material and information contained on the site to the user (You).
“Site” means www.8thdayadventure.co.uk and all websites listed below in clause 2.1 and any other website from time to time owned or operated by the Companies or by the Club together with all material on those websites or other information sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, design rights, patents, trade marks, database, member details and moral rights.
“Supplier” means any third party supplier or organiser of a Listing, Club Event or Club Activity.
“Terms” mean these terms and conditions and any subsequent amendments as may be notified to you.
“You” means any person who is a User of the Site or a member, prospective member or past member of 8th Day UK Ltd or where the context permits a guest of a member.
Throughout these terms and conditions the words “we” or “us” or “our” refers to the Companies or Club or Community as the context requires.
2 FORMATION OF THE CONTRACT
2.1 These terms apply to all services and any goods supplied by the Companies through the following domain and sub domain or other means:-
2.1.1 www.8thdayuk.com www.8thdayuk.co.uk, www.8thdayadventure.co.uk www.8thdayadventure.com together with any other domains and sub domains listed on any of the Sites or any auto-forwarded domains and sub domains under our control and any terms relating to the use of the Site(s) shall also apply. In case of conflict these terms and conditions shall apply.
2.2 Any quotation or information given by us is only an invitation to you to apply for membership with the Club or to take part in a Club Event or Activity. No contract exists between you and us until we or as the case may be the Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Where the Club is promoting or arranging a Club Event or Activity then unless the description says otherwise we are acting as a disclosed agent for Third Party Suppliers and the Events or activities are under the control of those third parties subject to their terms and conditions (where the organiser is a business). Their Terms and Conditions will be available on the Site or we upon request will tell you where they can be found. We have no responsibility for the manner of delivery of the Event. As Agent we do not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
2.4 Where we offer the Service to you we shall endeavour to ensure that the information and material posted or listed on the Site is accurate and up to date, but it should be used for general information purposes only. Any product or Activity or advert placed by a third party is the responsibility of that Partner or Supplier or Member, and we will not be held liable for any errors in price or any other information incorrectly displayed nor for the accuracy of any subsequent information or material whether sent via the Site or otherwise.
2.4.1 Community Listings and Club Activities: we are not responsible for the booking of anything in the Listings sections or Club Activities, and registration does not constitute a booking. All bookings, reservations, purchases or orders must be made with the Supplier or Partner or Member, who will be notified of your registration, but you should follow the links where appropriate to book direct and to confirm prices if any, dates, times and other terms or specifications.
2.5 Restrictions to the use of the Service or Content of the site and material contained there may apply in other jurisdictions. Users in such other jurisdictions must abide by such restrictions and must accept any restrictions to service which may apply.
3 ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
3.2 From time to time, we may restrict access to the whole or to some parts of the Site to users.
3.3 We will determine, in our discretion, whether there has been a breach of these terms. Where a breach of these terms has occurred, we may take such action as we deem appropriate, which may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the Site.
Immediate, temporary or permanent removal of any posting or material uploaded by you to the Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.4 We exclude liability for actions taken in response to breaches of these terms. The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.
3.6 You are responsible for making all arrangements necessary for you to have access to our site including acquiring, installing and licensing of any necessary software and means of communication including devices and maintaining them. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them
4 INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our Site for your personal reference and you may draw the attention of others to material posted on our site.
4.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
4.5 You must not use any part of the materials, logos, design or layout on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4.7 The terms relating to intellectual property rights applicable to products or services offered or listed by our Partners or suppliers will apply in relation to those products or services.
4.8 if you post information or material on the site you grant to us 70 year license to distribute, transmit or publish that posting worldwide.
5. RELIANCE ON INFORMATION POSTED
5.1 Commentary and other materials posted on our site are intended as a guide and may not be suitable to individual or specific circumstances. It is your responsibility to ensure they are appropriate. Where material and information is listed on the Site or is posted by any third party whether a Partner, Supplier or otherwise we cannot accept responsibility for its accuracy. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.
5.2 You should not rely on any materials posted on our Site for personal, medical, legal or financial advice and we strongly recommend that you consult an appropriate qualified professional where necessary. We have no liability for the accuracy of any information listed or posted on the Site by any third party and at all times you should check the accuracy with them.
6 OUR SITE CHANGES REGULARLY
6.1 We aim to update our Site regularly, and may change the content, including but not limited to the charges associated with the use of our Site at any time. If the need arises, we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
7 MEMBERSHIP AND FEES
7.1 Membership subscriptions will be specified in the Club’s Application form on our Site and will be inclusive of VAT and will be annual. All subscriptions and any other sums payable are payable in GB Pounds sterling and in your application for membership you agree that we may issue you with invoices in electronic format by e-mail should we wish to do so
. 7.2 The Club uses a Continuous Service Agreement for our membership fees, meaning that the Club automatically renews your membership as it expires. All amounts are billed in GB Pounds at the beginning of each renewal period. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected and at the subscription rate currently in place at the time of joining. Continuous service rates apply to credit/debit card payments only and apply to both Members who join online or those the Club processes manually. To amend or cancel your subscription please see points 7.5 and 7.6 below. If you cancel your membership you will retain the benefits of membership until the end of that current membership period. The Club does not offer any kind of pro rata refund of any portion of the subscription fees already paid.
7.3 The Club may change its policy on subscriptions at any time and any change will be effective at the next renewal date after the expiry of 1 month following the date of posting the change on the Site.
7.4 The subscription is payable annually in accordance with the sums set out on the Site. If the monthly or annual subscription is not paid within 14 days of the periodic renewal date the membership shall immediately be cancelled or suspended at the option of the Club.
7.5 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for Membership is submitted via the Site. A working day is any day other than weekends and bank or other public holidays.
7.6 You can cancel your membership and subscription at any time by accessing your account on the website, or in the event of difficulty by emailing email@example.com with CANCEL SUBSCRIPTION in the subject line. We will aim to cancel your membership and remove your profile within seven days. If your request for termination is received before your next payment is due then your subscription will last until the end of the current period and then cease.
7.7 If you have booked onto a Club Event which is due to take place after your subscription ends, then you must cancel your place on the Club Event first and may forfeit any money paid for that event. Clause 8.7 will apply.
7.8 The Club has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any Club Event.
7.9 Membership is not transferable.
8. CLUB EVENTS AND PAYMENT FOR CLUB EVENTS
8.1 By applying for or attending a Club Event you agree that you are over 18 years of age. The Club reserves the right to terminate your agreement with immediate effect should you be found to breach these conditions. Members are to only book onto Club Events for their own sole use, and cannot do so on behalf of others without permission from the Club. Members must log out fully on leaving the website to protect against others using the Site from your computer.
8.2 Every effort is made to ensure that prices for Club Events shown on the Company’s site are accurate. If an application to take part has been accepted and an error is found the Club will inform you as soon as possible and offer you the option of reconfirming your application for the Club Event at the correct price or cancelling your application for that Club 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.
8.3 Payment for any Club Event may be made by transfer from your Bank Account or by payment or debit card. If payment is made by credit card the Club shall reserve the right to apply a charge of 4% to cover the fees or commission charged to the Club. Payment shall be made in GB Pounds sterling. No payment for any Club Event shall be deemed to have been received until the Club has received cleared funds. If payments are made by cheque drawn on a UK branch of a UK bank 6 working days shall be allowed for clearance from the day the cheque is received by the Club or such longer period as shall be required by the Club’s bankers.
8.4 The Club shall not be responsible or liable in any way whatsoever for the cancellation of an Club Event other than as provided by this clause and clause 8.2. Where cancellation arises and is the fault of the supplier of an Club 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 Club Event but shall not be obliged to commence legal proceedings.
8.5 The Club gives no warranty that the provider of a Club Event will accept your booking or application or that such provider will not cancel or vary the Club Event. If a Club Event requires a minimum number of participants and that number has not been accepted by the deadline date set out on the Site the Club or the Supplier may cancel the Club Event and liability shall be limited to the return of the sum paid by you.
8.6 Some variations to the published times or arrangements for a Club Event may be made by the Supplier. There may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or programme or content. Some Club Events are dependant on weather or other factors outside the control of the Club or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
8.7 Should you wish to cancel your participation in a Club Event after placing a booking you must notify the Club in writing by e-mail at the e-mail address then shown on the Site. Unless the Suppliers terms provide otherwise, if you cancel more than 4 weeks in advance for a mid-week Club Event or 8 weeks in advance for a weekend Club Event (in the UK of 2 nights or less) a full refund will be given, minus a £10 cancellation fee. Alternatively if the Club Event becomes fully subscribed then the Club shall refund the price paid by the cancelling member, minus a £25 cancellation fee. These changes are also subject to the Suppliers terms and conditions, and especially in the case of holidays may not apply. For Holidays (anything abroad or over 4 nights in length) any deposits paid will always be non-refundable under any circumstances and other refunds will be subject to the terms and conditions of the Supplier. If it is an overseas trip organised by the Club then refunds can only be given 12 weeks or more in advance of the trip, minus the deposit. If you have booked your own flights and have to cancel due to a flight issue within those 12 weeks, then no refunds can be given.
8.8 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner. Members failing to behave correctly may be expelled, suspended or prevented from continuing with a Club Event. Suppliers or other Event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the Club Event whether through drink, drugs or otherwise.
8.9 When participating in a Club Event which requires you to provide clothing, equipment, tools or appliances you or your guest must supply what is required suitable for use and shall cause no damage nuisance or annoyance to any other member or third party. The Club shall not be responsible for the care maintenance or repair of such clothing equipment tools or appliances.
8.10 You must ensure that you are physically fit and capable of taking part in any Club Event for which you subscribe and in applying to take part in such Club Event you warrant to the Club that you are physically suited to take part in such Club Event and will remain so throughout the Club Event.
8.11 In applying to take part in a Club Event you acknowledge that the terms and conditions of the Supplier shall apply to the Event and it is your responsibility to familiarise yourself with the terms and conditions of the Supplier and the rules, regulations and safety policy governing that Event. If relevant equipment is supplied by the Supplier the Club shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier. You shall have no claim against the Club for any failure by the Supplier to supply adequate equipment, instruction, information or advice or to ensure that the Event is suitably organised, managed or controlled
8.12 Unless otherwise stated it is your responsibility to arrange travel to the Club Event and where applicable to comply with any passport, visa or inoculation requirements.
8.12.1 In the instances where flights must be booked by you, you should only book these once given clear instructions to do so. Making payment for the event is not sufficient cause to book flights as the event may not go ahead until everyone going on the trip has paid. The Club will notify you by email once flights can be booked, and can’t be responsible for any booked before this point should the trip not go ahead.
8.13 If tickets or vouchers are issued by the Supplier, it is the Supplier’s responsibility to despatch them. If tickets or vouchers are required and you do not have them 4 days before the Club Event, email the Club and the Club will investigate. If the Club Event is booked at a time when it would be impractical to despatch tickets, arrangements will be made for them to be collected at the Club Event. Most 8th Day UK Club Events do not require tickets, nor will you receive an official receipt or confirmation. Once you have booked on the Club Event you will be contacted by email again shortly before the Club Event with final details.
8.14 The right to participate in a Club Event is not transferable.
8.15 You must be a Member to attend any Club Events or Club Activities, with the exception of one ‘trial event’ which is valid for any event except those involving more than 3 nights away.
8.16 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
8.17 Participation in all Club Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some Club 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 Club Event the Club shall have no liability to provide compensation.
When the context permits clause 8 shall apply to the provision and arrangement of Activities and your participation in them save where it conflicts with the provisions of the clause in which case the provisions of this clause shall prevail.
9.1 The Companies shall bear no responsibility for Activities added and organised by Members or Suppliers, nor for payments made by You for them. Anyone booking onto Activities organised by other Members or Suppliers do so entirely at their own risk and discretion.
9.2 Members or Suppliers who add Activities and portray false information or fail to organise the Activity properly once other Members are booked onto it can be restricted from organising further Activities, at the discretion of the Companies.
9.3 Members cannot add weekend overnight trips or holidays to the Club calendar without prior approval from The Club.
10. CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
10.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
10.3 You agree that your contributions will: Be accurate (where they state facts). Be genuinely held (where they state opinions). Comply with applicable law in the UK and in any country from which they are posted.
10.4 You agree that your contributions will not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material. Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless our site specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of our site that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying our site.
Violate any code of conduct or other guidelines which may be applicable for our site.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Will not use post or list on the Site material which would directly compete with the business or cause damage to the business of the Companies
10.5 We are under no obligation to monitor the contributions, however, we reserve the right to review the contributions and to remove them.
10.6 We also reserve the right to terminate your access to any or all of our site at any time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself or your children in any contribution. We do not control or endorse the content, messages or information found in any contribution and, therefore we disclaim all liability with regard to the contribution and any actions resulting from your participation in any contribution.
10.8 Our Hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
10.9 Contributions may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
11 DELAYED DELIVERY; FORCE MAJEURE ETC
11.1 Delayed delivery or failure of the Companies to comply with any obligation hereunder whether for a Club Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond the Companies’ control will not involve liability on the part of the Companies and the Companies shall be entitled at their option to cancel the order or any part thereof or to postpone the Event
12.1 In view of the potentially dangerous nature of certain Club Events or Club Activities or other Events or Activities you are recommended to obtain your own personal accident and third party liability insurance through insurers of your own choice and to suit your personal circumstances. You whether Members or otherwise shall have full responsibility for arranging your own suitable insurance.
12.2 Members and Suppliers should ensure that anything organized by them and listed or advertised on the Site where appropriate have adequate public liability insurance and abide by any applicable regulations.
13. PHOTOGRAPHS AND VIDEOS
13.1 Members agree to allow the Companies to use any photographs, videos or other images of them taken at Club Events or club activities or otherwise for promotional purposes and are aware that they may be taken by other members and posted on social networking sites or elsewhere over which the companies have no control. Where the photograph is on the Site and is deemed offensive by You then upon being informed the Companies will use their discretion to remove it or otherwise but are under no obligation to do so.
14 DATA PROTECTION
14.1 The Companies will take all reasonable precautions to keep the details of your applications and payment secure, but unless the Companies are negligent, the Companies will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with the Companies .
14.2 The Companies shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
You agree to indemnify and hold the Companies harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms or arising from your negligence or breach of duty.
16. LIMITATION OF LIABILITY
16.1 Further to the provision of clause 9.1 Members are reminded that the Club has no control over Club Activities organised by Members nor attendance at and transport to Club Events or Activities, nor control over those attending or the information supplied, and is not responsible for the acts or other actions by other Members or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Companies:
16.2.1 for death or personal injury caused by the negligence of the Companies their officers or employees;
16.2.2 for any matter for which it would be illegal for the Companies to exclude or attempt to exclude liability; or
16.2.3 for fraud or fraudulent misrepresentation by the Companies, their officers or employees.
16.3 Subject to clause 16.2.The Companies exclude all liability in contract or tort including negligence or for breach of statutory duty or otherwise for any losses claims damages expenses or costs including without limitation special incidental or consequential loss or damage or loss of profits or wasted time incurred directly or indirectly in connection with the use of the Site.
16.3.1 the Companies’ total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of their obligations or the obligations of either of them shall be limited to the membership fee or the price of the club Event or the Event; and
16.3.2 the Companies shall not be liable to You for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or any Club or other Event.
17.1 The Companies or either of them may amend these Terms at any time by giving You notice (“Notice”) by either e-mail or by placing the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of a Notice. Other Users will be bound by the amended terms from the date of placement on the Site or the date from which they are stated to apply if different.
17.2 Each right or remedy of the companies or either of them under the Terms is without prejudice to any other right or remedy they may have whether under the Terms or not.
17.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
17.4 Failure or delay by the companies in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of their rights under the Terms.
17.5 These terms of sale and the supply of the goods and services will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
17.6 Neither the Companies nor you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom the Companies or either of them transfer their or its rights under this Contract.
17.7 The Companies may assign the benefit of any contract to any person, firm or company.
17.8 These Terms and Conditions and the Order constitute the complete and entire agreement between us and you, and shall supersede any and all prior agreements, whether written or oral, between the parties relating to the same subject matter.