TERMS AND CONDITIONS OF MEMBERSHIP
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you complete and submit a membership application form. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Moon Community Club Limited, a company registered in England and Wales. Our company registration number is 12692602 and our registered office is at WSM, Connect House 133-137 Alexandra Road, Wimbledon, London, United Kingdom, SW19 7JY.
2.2 How to contact us. You can contact us by writing to us at [email protected] or at the registered office address provided at clause 2.1.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your membership application form.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your request. Our acceptance of your Membership (as defined below) will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your request. If we are unable to accept your request, we will inform you of this and you will incur no charges from us. You acknowledge that acceptance of your Membership is in our absolute discretion.
4. OUR SERVICES
4.1 Our service is to offer an exclusive members’ only club to selected individuals and entrepreneurs who wish to engage with likeminded individuals and/or entrepreneurs and to expand their knowledge and network (“Membership”). The Membership is exclusive and we take the application process seriously. Only members that are a good fit for the Membership will be accepted.
4.2 We will not be the party providing any of the offers, privileges and services offered as part of the Membership. These are provided by third parties.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to update the details you provided on the membership application form, please contact us as soon as possible and in any event before we accept your Membership. We will let you know if the change is possible. If it is possible, we will let you know about the timing of supply of our services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
We may change the services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat.
7. PROVIDING THE SERVICES
7.1 When we will provide the services. We will provide the services on the date your Membership is accepted by us. We will contact you by email at the details provided in your membership application form to confirm this. We will supply the services to you until either the Membership expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2 We are not responsible for delays outside our control. If our supply of our services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any of our services you have paid for but not received.
7.3 What will happen if you do not give the required information to us. We will need certain information from you so that we can accept your Membership (at our discretion) and supply the services to you, for example, your full name and address, interests and profession. This is a pre-requisite for us to be able to accept your Membership. Please be prepared to give this information and have any relevant details to hand. If you do not give us this information or if you give us incomplete or incorrect information, we will not be able to accept your Membership. We will not be responsible for supplying the services late if this is caused by you not giving us the information we need within a reasonable time.
7.4 Reasons we may suspend the supply of services to you. We may have to suspend our supply of our services to:
7.4.1 deal with technical problems or make minor technical changes;
7.4.2 update the services to reflect changes in relevant laws and regulatory requirements;
7.4.3 make changes to the services as notified by us to you (see clause 6).
7.5 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of our services, unless the problem is urgent or an emergency. You may contact us to end the contract for services if we suspend supply, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for our services in respect of the period after you end the contract.
7.6 We may also suspend supply of the services if you do not pay. If you do not pay us for our services when you are supposed to (see clause 12.2) we may suspend supply of any services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of services. As well as suspending the services we can also charge you interest on your overdue payments (see clause12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with our services, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is misdescribed you may have a legal right to end the contract (or to get our service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about our services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any services which have not been provided that you have paid for. The reasons are:
8.2.1 we have told you about an error in the price or description of our services and you do not wish to proceed;
8.2.2 there is a risk that supply of our services may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of our services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought remotely you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of our services if you have commenced use of our services or you have in any way used and/or relied on any information provided on our website.
8.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your Membership. However, if you have commenced use of our services or you have in any way used and/or relied on any information provided on our website, you cannot change your mind, even if the period is still running. If you cancel after you have commenced use of our services, you must pay us for the services provided up until the time you tell us that you have changed your mind. This sum will be determined by us.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. If we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract, but you will need to pay the price for our services in full for the remainder of the year. For the avoidance of doubt, cancelling your direct debit does not mean that you have given us notice to end your Membership and your obligation to pay the price of our services in full for the remainder of the year will apply. Should you fail to make any payments due as part of the Membership (including any future payments that are due as part of the Membership), we may refer the missed payments to a debt-collection agency.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected] Please provide your name, home address, details of the request and, where available, your phone number and email address.
9.2 How we will refund you. Where applicable, we will refund you the price you paid by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may deduct from any refund an amount for the supply of our service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, as per clause 7.4;
10.1.3 you behave in an inappropriate manner, for example are threatening or abusive towards our staff or other members of the Membership;
10.1.4 you behave in a manner we consider detrimental to the enjoyment and safety of other members;
10.1.5 with your knowledge or permission, another person uses your Membership;
10.1.6 you do not comply with:
10.1.6.1 our website terms and conditions; or
10.1.6.2 our acceptable use policy.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clauses 10.1.1 to 10.1.6 (inclusive), you will need to pay the price of our services in full for the remainder of the year (see clause 8.6) and we may charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. IF THERE IS A PROBLEM WITH OUR SERVICES
How to tell us about problems. If you have any questions or complaints about our services, please contact us. You can write to us at [email protected]
12. MEMBERSHIP PRICE AND PAYMENT
12.1 Where to find the price for our services. The price of our services will be the price indicated on our website. You agree that the price for our services shall be fixed for the term of your Membership.
12.2 How payment is made and when payment is made. All payments shall be made using the method specified by us from time to time. We accept payment by direct transfer to the account details we provide to you within our membership application form. Upon approval or renewal of your Membership, the applicable fee and price for our services becomes payable immediately in full either by payment annually in advance of the price indicated on our website (“Annual Payment”) or by way of monthly instalments of the price indicated on our website over a 12-month period (“Monthly Payment”). By providing us with your payment details in the membership application form, you accept and consent to being charged with our fees, in accordance with your preferred method either by way of an Annual Payment or Monthly Payment, in the form requested by us upon your application being approved or renewed.
12.3 Changes to the price for our services. It is within our discretion to amend the price for our services at any time, and we will notify you in advance if there are to be any changes to the amount, date or frequency of the payment of the price for our services.
12.4 What to do if you think if the price for our services in the membership application form is wrong. If you think the price for our services in the membership application form is wrong please contact us promptly to let us know.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. DURATION OF MEMBERSHIP
13.1 Duration of the Membership. Membership is for a minimum period of one year and renewable thereafter on an annual basis.
13.2 Renewal of the Membership. Membership renewals are automatic on the date one year from the start of your Membership and thereafter on an annual basis. We will use reasonable endeavours to notify you in writing, fourteen days in advance of the anniversary of your Membership, of the Membership renewal. Any such notice will confirm the applicable fee for our services for the forthcoming year. If you do not wish to renew your Membership, please contact us promptly in accordance with clause 9.1 and in any event within the fourteen day period prior to the date of the anniversary of your Membership. It is your responsibility to inform us if you do not wish to renew the Membership.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If 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 Membership process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation;.
14.3 We are not liable for business losses. We only supply our services for domestic and private use. If you use our services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 We are not liable for losses arising from services provided by third parties as part of the Membership. Our services are limited to the provision of providing the Membership. We will have no liability to you for any loss or damage which you may suffer or incur as a result of any services provided by third party providers as part of the Membership – liability for those services will be agreed between you and the service provider(s) in your contract with them, to which we are not a party.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.