Membership Terms &
Conditions
BACKGROUND:
This agreement applies as between
you, the User of this Web Site and Life Champions trading as CDF
Services Ltd, the owner(s) of this Web Site. Your agreement to
comply with and be bound by these Terms and Conditions is deemed to
occur upon your first use of the Web Site. If you do not agree to
be bound by these Terms and Conditions, you should stop using the
Web Site immediately.
No part of this Web Site is
intended to constitute a contractual offer capable of acceptance.
Your order constitutes a contractual offer and our acceptance of
that offer is deemed to occur upon our sending a dispatch email to
you indicating that your order has been fulfilled and is on its way
to you.
1. Definitions and
Interpretation
In this Agreement the following
terms shall have the following meanings:
Term Description
“Account”
means collectively the personal
information, Payment Information and credentials used by Users to
access Paid Content and / or any communications System on the Web
Site;
“Content”
means any text, graphics, images,
audio, video, software, data compilations and any other form of
information capable of being stored in a computer that appears on
or forms part of this Web Site;
“CDF Services"means Life Champions
trading as CDF Services Ltd.
“Service”
means collectively any online
facilities, tools, services or information that CDF Services Ltd
makes available through the Web Site either now or in the
future;
“Services”
means the services available to you
through this Web Site, specifically but not limited to
membership/rewards/loyalty programme accounts, rewards, benefits,
discounts, deals, alerts, where applicable Life Champions prepaid
MasterCard® cards, Loyalty programmes, digital marketing,
co-branded services from contracted 3rd party vendors;
“Payment Information”
means any details required for the
purchase of Services from this Web Site. This includes, but is not
limited to, credit / debit card numbers, bank account numbers and
sort codes;
“Purchase Information”
means collectively any orders,
invoices, receipts or similar that may be in hard copy or
electronic form;
“Premises”
Means our place(s) of business
located at Palladia Court, 25 Southampton Buildings London WC2A
1AL;
“System”means any online
communications infrastructure that CDF Services Ltd makes available
through the Web Site either now or in the future. This includes,
but is not limited to, web-based email, message boards, live chat
facilities and email links;
“User” / “Users”means any third
party that accesses the Web Site and is not employed by CDF
Services Ltd and acting in the course of their employment; and
“Web Site”means the website that
you are currently using (www.life-champions.net) and any
sub-domains of this site (e.g. loyalty.life-champions.net) unless
expressly excluded by their own terms and conditions.
2. Business & Consumer
Customers
These Terms and Conditions apply to
business and consumer customers.
3. Intellectual Property
3.1 Subject to the exceptions in
Clause 4 of these Terms and Conditions, all Content included on the
Web Site, 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 CDF Services Ltd, our affiliates or other relevant
third parties. By continuing to use the Web Site you acknowledge
that such material is protected by applicable United Kingdom and
International intellectual property and other laws.
3.2 Subject to Clause 5 you may not
reproduce, copy, distribute, store or in any other fashion re-use
material from the Web Site unless otherwise indicated on the Web
Site or unless given express written permission to do so by CDF
Services Ltd.
4. Third Party Intellectual
Property
4.1 Unless otherwise expressly
indicated, all Intellectual Property rights including, but not
limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such
products as may be applicable.
4.2 Subject to Clause 6 you may not
reproduce, copy, distribute, store or in any other fashion re-use
such material unless otherwise indicated on the Web Site or unless
given express written permission to do so by the relevant
manufacturer or supplier.
5. Fair Use of Intellectual
Property
Material from the Web Site may be
re-used without written permission where any of the exceptions
detailed in Chapter III of the Copyright Designs and Patents Act
1988 apply.
6. Links to Other Web Sites
This Web Site may contain links to
other sites. Unless expressly stated, these sites are not under the
control of CDF Services Ltd or that of our affiliates. We assume no
responsibility for the content of such web sites and disclaim
liability for any and all forms of loss or damage arising out of
the use of them. The inclusion of a link to another site on this
Web Site does not imply any endorsement of the sites themselves or
of those in control of them.
7. Links to this Web Site
Those wishing to place a link to
this Web Site on other sites may do so only to the home page of the
site www.life-champions.net without prior permission. Deep linking
(i.e. links to specific pages within the site) requires the express
permission of CDF Services Ltd. To find out more please contact us
by email at help@life-champions.net or by post to Palladia Court,
25 Southampton buildings, London, WC2A 1AL.
8. Use of Communications
Facilities
8.1 When using the enquiry form or
any other System on the Web Site you should do so in accordance
with the following rules:
8.1.1 You must not use obscene or
vulgar language;
8.1.2 You must not submit Content
that is unlawful or otherwise objectionable. This includes, but is
not limited to, Content that is abusive, threatening, harassing,
defamatory, ageist, sexist or racist;
8.1.3 You must not submit Content
that is intended to promote or incite violence;
8.1.4 It is advised that
submissions are made using the English language(s) as we may be
unable to respond to enquiries submitted in any other
languages;
8.1.5 The means by which you
identify yourself must not violate these terms of use or any
applicable laws;
8.1.6 You must not impersonate
other people, particularly employees and representatives of CDF
Services Ltd or our affiliates; and
8.1.7 You must not use our System
for unauthorised mass-communication such as “spam” or “junk
mail”.
8.2 You acknowledge that CDF
Services Ltd reserves the right to monitor any and all
communications made to us or using our System. Further more we
reservce the right to pass any evidence of breach of these terms
and conditions onto any relevant authority subject to our sole
discretion.
9. Accounts
9.1 In order to procure Services on
this Web Site and to use and of the services we provide including
but not limited to rewards, benefits, discounts, deals, Life
Campions branded sites and services you are required to create
an Account which will contain certain personal details and Member
Profile Information which may vary based upon your use of the
Web Site as we may not require payment information until you wish
to make a purchase. By continuing to use this Web Site you
represent and warrant that:
9.1.1 all information you submit is
accurate and truthful;
9.1.2 you have permission to submit
Payment Information where permission may be required; and
9.1.3 you will keep this
information accurate and up-to-date.
Your creation of an Account is
further affirmation of your representation and warranty.
9.2 It is recommended that you do
not share your Account details, particularly your username and
password. CDF Services Ltd accepts no liability for any losses or
damages incurred as a result of your Account details being shared
by you. If you use a shared computer, it is recommended that you do
not save your Account details in your internet browser.
9.3 If you have reason to believe
that your Account details have been obtained by another without
consent, you should contact CDF Services Ltd immediately to suspend
your Account and cancel any unauthorised orders or payments that
may be pending. Please be aware that orders or payments can only be
cancelled up until provision of Services has commenced. In the
event that an unauthorised provision commences prior to your
notifying us of the unauthorised nature of the order or payment,
CDF Services Ltd accepts no liability or responsibility and you
should make contact with the third party service provider detailed
in the Purchase Information] OR CDF Services Ltd will suspend
provision of Services and the withdrawal of any scheduled payments
pending investigation. Following investigation, it shall be
determined whether or not to cancel the Services and make a full or
partial refund of the payment].
9.4 When choosing your username you
are required to adhere to the terms set out above in Clause 8. Any
failure to do so could result in the suspension and/or deletion of
your Account.
10. Termination and
Cancellation
10.1 Either CDF Services Ltd or you
may terminate your Account. If CDF Services Ltd terminates your
Account, you will be notified by email and an explanation for the
termination will be provided. Notwithstanding the foregoing, we
reserve the right to terminate without giving reasons.
10.2 If CDF Services Ltd terminates
your Account, any current or pending orders or payments on your
Account will be cancelled and provision of Services will not
commence.
10.3 CDF Services Ltd reserves the
right to cancel orders or payments without stating reasons, for any
reason prior to processing payment or commencing Services
provision.
10.4 If orders or payments are
cancelled for any reason prior to commencement of Services
provision you will be refunded any monies paid in relation to those
purchases.
10.5 If you terminate your Account
any non-completed orders or payments will be cancelled and you will
be refunded any monies paid in relation to those orders.
11. Payment
11.1 Any and all monies are due for
payment on completion of the order or on the dates, or intervals
specified in that order as may be appropriate, unless alternative
arrangements are agreed between the Purchaser and CDF Services
Ltd.
11.2 Interest will be charged on a
daily basis, commercial interest at 4% above the base rate of the
Bank of England obtaining at the time.
12. Services, Pricing and
Availability
12.1 Whilst every effort has been
made to ensure that all descriptions of Services available from CDF
Services Ltd correspond to the actual Services, CDF Services Ltd is
not responsible for any variations from these descriptions. This
does not exclude our liability for mistakes due to negligence on
our part and refers only to variations of the correct Services, not
different Services altogether. Please refer to sub-Clause 13.4 for
incorrect Services.
12.2 Where appropriate, you may be
required to select the required Service and assciated features of
that that service.
12.3 CDF Services Ltd does not
represent or warrant that such Services will be available.
Availability indications are provided on the Web Site where any
variation to delivery of that service shall be notified to you in
writing.
12.4 All pricing information on the
Web Site is correct at the time of going online. CDF Services Ltd
reserves the right to change prices and alter or remove any special
offers from time to time and as necessary. All pricing information
is reviewed and updated every monthly.
12.5 In the event that prices are
changed during the period between an order being placed for
Services and CDF Services Ltd processing that order and taking
payment, [you will be contacted prior to your order being processed
with details of the new price] OR [provision of Services shall
commence as per your order and you will be charged the original
price].
12.6 All prices on the Web Site
include VAT. CDF Services Ltd’s UK registered VAT number is 906
0147 56.
13. Provision of Services
13.1 Provision of Services shall
commence when full payment has been received or as otherwise
detailed in the Terms & Conditions pertaining directly to those
Services.
13.2 CDF Services Ltd shall use its
best endeavours to provide the Services with reasonable skill and
care.
13.3 Provision of all Services
shall be subject to the terms and conditions pertaining directly to
those Services.
13.4 In the event that Services are
provided that are not in conformity with your order and thus
incorrect, you should contact us within 10 days to inform us of the
mistake. CDF Services Ltd will ensure that any necessary
corrections to the Services provided are made within 7 working
days.
13.5 CDF Services Ltd reserves the
right to exercise discretion with respect to any alterations to
Services under the provisions of this Clause 13. Factors which may
be taken into account in the exercise of this discretion include,
but are not limited to:
13.5.1 Any use or enjoyment that
you may have already derived from the Services;
13.5.2 Any characteristics of the
Services which may mean that cessation of provision is impossible
without significant further work on the part and at the expense of
CDF Services Ltd. Such discretion to be exercised only within the
confines of the law.
14. Privacy
Use of the Web Site is also
governed by our Privacy Policy which is incorporated into these
terms and conditions by this reference. To view the Privacy Policy,
please click on the link above.
15. Disclaimers
15.1 CDF Services Ltd makes no
warranty or representation that the Web Site will meet your
requirements, that it will be of satisfactory quality, that it will
be fit for a particular purpose, that it will not infringe the
rights of third parties, that it will be compatible with all
systems, that it will be secure and that all information provided
will be accurate. We make no guarantee of any specific results from
the use of our Service or Services.
15.2 No part of this Web Site is
intended to constitute advice and the Content of this Web Site
should not be relied upon when making any decisions or taking any
action of any kind.
15.3 No part of this Web Site is
intended to constitute a contractual offer capable of
acceptance.
16. Changes to the Service and
these Terms and Conditions
CDF Services Ltd reserves the right
to change the Web Site, its Content or these Terms and Conditions
at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Web Site following the
changes. If CDF Services Ltd is required to make any changes to
Terms and Conditions by law, these changes will apply automatically
to any orders currently pending in addition to any orders placed by
you in the future.
17. Availability of the Web
Site
The Service is provided “as is” and
on an “as available” basis. We give no warranty that the Service
will be free of defects and / or faults. To the maximum extent
permitted by law we provide no warranties (express or implied) of
fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
CDF Services Ltd accepts no
liability for any disruption or non-availability of the Web Site
resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network
failure, power failure, natural events, acts of war or legal
restrictions and censorship.
18. Limitation of Liability
18.1 To the maximum extent
permitted by law, CDF Services Ltd accepts no liability for any
direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages
arising from the use of the Web Site or any information contained
therein. Users should be aware that they use the Web Site and its
Content at their own risk.
18.2 Nothing in these Terms and
Conditions excludes or restricts CDF Services Ltd’s liability for
death or personal injury resulting from any negligence or fraud on
the part of CDF Services Ltd.
18.3 Nothing in these Terms and
Conditions excludes or restricts CDF Services Ltd’s liability for
any direct or indirect loss or damage arising out of the incorrect
provision of Services or out of reliance on incorrect information
included on the Web Site.
18.4 Whilst every effort has been
made to ensure that these terms and conditions adhere strictly with
the relevant provisions of the Unfair Contract Terms Act 1977, in
the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from
these terms and conditions and shall not affect the validity and
enforceability of the remaining terms and conditions. This term
shall apply only within jurisdictions where a particular term is
illegal.
19. No Waiver
In the event that any party to
these Terms and Conditions fails to exercise any right or remedy
contained herein, this shall not be construed as a waiver of that
right or remedy.
20. Previous Terms and
Conditions
In the event of any conflict
between these Terms and Conditions and any prior versions thereof,
the provisions of these Terms and Conditions shall prevail unless
it is expressly stated otherwise.
21. Notices
All notices / communications shall
be given to us either by post to our Premises (see address above).
Such notice will be deemed received 3 days after posting if sent by
first class post, the day of sending if the email is received in
full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
22. Law and Jurisdiction
These terms and conditions and the
relationship between you and CDF Services Ltd shall be governed by
and construed in accordance with the Law of England and Wales and
CDF Services Ltd and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.