Terms and Conditions
8TH DAY UK LIMITED TERMS & CONDITIONS OF MEMBERSHIP ANDBUSINESS
YOU MUST READ THESE TERMS CAREFULLY BEFORE MAKING ANYAPPLICATION WITH THE COMPANY AND RETAIN A PAPER COPY OF THESETERMS AND YOUR ORDER FOR FUTURE REFERENCE. BY APPLYING FORMEMBERSHIP OR FOR PARTICIPATION IN AN EVENT OR ACTIVITY YOUAGREE TO THESE TERMS AND CONDITIONS.
1. DEFINITIONS"The Company" means 8th Day UK Limited, registered in England and Waleswith No. 05167236
"Events" mean(s) any of the activities or events organised by the Company"Member" means any Member of 8th Day UK Limited or any person or personsintending to or who have applied for Membership of 8th Day UK Limited. Nominor can become a member. Membership does not imply any interest as ashareholder
"Hosts" means a Member who acts as a host and point of contact for Events. AHost is not a legal or authorised representative of the Company and cannot enterinto any contractual obligations or liabilities on its behalf. Only Directors of theCompany can do so.
"Activities" are events organised by Members, and as such as not regulated bythe Company and will have no Host in attendance.
"Site" means all websites listed below in clause 2.1 together with all material onthose websites or sent to you by e-mail or by any other means. Reference to theSite includes all intellectual property rights on the Site including but not limited tocopyright, trade marks, database, member details and moral rights.
"Supplier" means any third party supplier or organiser of an Event."Terms" mean these terms and conditions and any subsequent amendments asmay be notified to you.
"You" means any person who is a member prospective member or past memberof 8th Day UK Ltd or where the context permits a guest of a member
FORMATION OF THE CONTRACT
2.1 These terms apply to all services and any goods supplied by the Companythrough the following domain and sub domain or other means:-
2.1.1 www.8thdayuk.com www.8thdayuk.co.uk, www.8thdayadventure.co.ukwww.8thdayadventure.com together with any other Company domains and subdomains listed on any of the Sites or any auto-forwarded domains and sub domainsand any terms relating to the use of the Site(s) shall also apply.
2.2 Any quotation or information given by the Company is only an invitation to youto apply for membership with the Company or to take part in an Event. No contractexists between you and the Company until the Company or as the case may be theSupplier has received and accepted your application and sends you a confirmationof acceptance.
2.3 Except where the Event description says otherwise the Company is acting as adisclosed agent for Third Party Suppliers and the Events are under the control ofthose third parties subject to their terms and conditions. These Terms andConditions will be available on the Site or the Company will tell you where they canbe found. The Company has no responsibility for the manner of delivery of theEvent. As Agent the Company does not have contractual liability to you for theevent or for the negligence or breach of contract by the Supplier.
3 ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right towithdraw 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 anyperiod.
3.2 From time to time, we may restrict access to some parts of our site, or ourentire site, to users.
3.3 We will determine, in our discretion, whether there has been a breach of theseterms. Where a breach of these terms has occurred, we may take such action aswe deem appropriate, which may result in our taking all or any of the followingactions:Immediate, temporary or permanent withdrawal of your right to use our site .Immediate, temporary or permanent removal of any posting or material uploadedby you to our site.Issue of a warning to you.Legal proceedings against you for reimbursement of all costs on an indemnitybasis (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 reasonablyfeel 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 anyother action we reasonably deem appropriate.
3.6 You are responsible for making all arrangements necessary for you to haveaccess to our site. You are also responsible for ensuring that all persons whoaccess our site through your internet connection are aware of these terms, andthat 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 lawsand 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 oursite for your personal reference and you may draw the attention of others tomaterial posted on our site.
4.3 You must not modify the paper or digital copies of any materials you haveprinted off or downloaded in any way, and you must not use any illustrations,photographs, video or audio sequences or any graphics separately from anyaccompanying text.
4.4 Our status (and that of any identified contributors) as the authors of material onour site must always be acknowledged.
4.5 You must not use any part of the materials on our site for commercial purposeswithout obtaining a licence to do so from us or our licensors.
4.6 If you print off, copy or download any part of our site in breach of these terms ofuse, your right to use our site will cease immediately and you must, at our option,return or destroy any copies of the materials you have made.
5. RELIANCE ON INFORMATION POSTED
5.1 Commentary and other materials posted on our site are not intended to amountto advice on which reliance should be placed. We therefore disclaim all liability andresponsibility arising from any reliance placed on such materials by user or memberof our site, 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, financial or any other type of advice and we strongly recommend that youconsult an appropriate qualified professional where necessary.
6 OUR SITE CHANGES REGULARLY
6.1 We aim to update our site regularly, and may change the content, including butnot limited to the charges associated with the use of our site at any time. If the needarises, we may suspend access to our site, or close it indefinitely. Any of thematerial on our site may be out of date at any given time, and we are under noobligation to update such material.
7 MEMBERSHIP AND FEES
7.1 Membership subscriptions will be specified in the Company's Application formon the Company's Site and will be inclusive of VAT and may be annual, quarterly ormonthly. All subscriptions and any other sums payable to the Company are payablein GB Pounds sterling and in your application for membership you agree that theCompany may issue you with invoices in electronic format by e-mail should it wishto do so.
7.2 The Company uses a Continuous Service Agreement for our membership fees,meaning that the Company automatically renews your membership as it expires. Allamounts are billed in UK sterling at the beginning of each renewal period. Yoursubscription will be automatically extended for successive renewal periods of thesame duration as the subscription term originally selected and at the subscriptionrate currently in place at the time of joining. Continuous service rates apply tocredit/debit card payments only apply to both Members who join online or those theCompany processes manually. To amend or cancel your subscription please seepoints 7.4 and 7.5 below. If you cancel your membership you will retain the benefitsof membership until the end of that current membership period. The Company doesnot offer any kind of prorata refund of any portion of the subscription fees alreadypaid.
7.3 The Company may change its policy on subscriptions at any time and anychange will be effective at the next renewal date after the expiry of 1 monthfollowing the date of posting the change on the Site.
7.4 The subscription is payable monthly, quarterly or annually in accordance withthe sums set out on the Site. Any membership card issued by the Companyremains the property of the Company. For administrative purposes the card willshow an annual expiration date. If the monthly or annual subscription is not paidwithin 7 days of the periodic renewal date the card shall thereupon be returned tothe Company and membership shall immediately be cancelled or suspended at theoption of the Company.
7.5 You have the right to cancel the application for membership at any time up tothe end of seven working days after your application for Membership is submittedvia the Site. A working day is any day other than weekends and bank or other publicholidays.
7.6 You can cancel your account and subscription at any time by firstname.lastname@example.org with CANCEL SUBSCRIPTION in thesubject line. Please include your full name and reason for leaving and we will aim tocancel your membership and remove your profile within seven days. You can alsoterminate your subscription via the website. If your request for termination isreceived before your next payment is due then your subscription will last until theend of the current period and then cease.
7.7 If you have booked onto an Event which is due to take place after yoursubscription ends, then you must cancel your place on the Event first.
7.8 The Company has the right in its absolute discretion to limit the number ofmembers to refuse membership or renewal for any reason or to expel a member orprevent any member or guest from taking part in or continuing at any Event.
7.9 Membership is not transferable.
8. EVENTS AND PAYMENT FOR EVENTS
8.1 By agreeing to register with or attend an Event organised by the Companyyou agree that you are over 18 years of age. The Company reserves the right toterminate your agreement with immediate effect should you be found to breachthese conditions. Members are to only book onto Events for their own sole use,and cannot do so on behalf of others without permission from the Company.Members are also encourage to log out fully on leaving the website to protectagainst others using the site from your computer.
8.2 Every effort is made to ensure that prices for Events shown on theCompany's site are accurate. If an application to take part has been acceptedand an error is found the Company will inform you as soon as possible and offeryou the option of reconfirming your application for the Event at the correct priceor cancelling your application for that Event. If you cancel because of such errorthe Company will refund or re-credit you for any sum that has been paid by youexcept where the terms and conditions of the Supplier say otherwise.
8.3 Payment for any Event may be made by transfer from your Bank Account orby payment or debit card. If payment is made on line or by credit card theCompany shall reserve the right to apply a charge of 4% to cover the fees orcommission charged to the Company. Payment shall be made in GB Poundssterling. No payment for any Event shall be deemed to have been received untilthe Company has received cleared funds. If payments are made by chequedrawn on a UK branch of a UK bank 6 working days shall be allowed forclearance from the day the cheque is received by the Company or such longerperiod as shall be required by the Company's bankers.
8.4 The Company shall not be responsible or liable in any way whatsoever forthe cancellation of an Event other than as provided by this clause and clause4.4. Where cancellation arises and is the fault of the supplier of an Event theterms and conditions of that supplier shall apply. The Company will usereasonable endeavours to recover payment of the monies paid by the memberfor the Event but shall not be obliged to commence legal proceedings.
8.5 The Company gives no warranty that the provider of an Event will acceptyour booking or application or that such provider will not cancel or vary theEvent. If an Event requires a minimum number of participants and that numberhas not been accepted by the deadline date set out on the Site the Company orthe Supplier may cancel the Event and liability shall be limited to the return of thesum paid by you.
8.6 Some variations to the published times or arrangements for an Event may bemade by the Supplier. There may be no right to cancel or obtain a refund for thechanges such as timing or the precise nature of equipment used, or programmeor content. Some Events are dependant on weather or other factors outside thecontrol of the Company or the Supplier and no right to cancellation or refundexists in these circumstances unless the Terms and Conditions of the Suppliersays otherwise.
8.7 Should you wish to cancel your participation in an Event after placing abooking you must notify the Company in writing by hand post fax or e-mail at theaddress fax number or e-mail address then shown on the Site. If you cancelmore than 4 weeks in advance a full refund will be given, minus a £10cancellation fee and any monies committed on your behalf by that point. If youcan find someone to take your place though we will be happy just to change thename with no extra charge. Alternatively if the Event is fully subscribed andanother member applies to participate in such Event and takes the cancellingmember's place the Company shall refund the price paid by the cancellingmember but not otherwise.
8.8 At all times you shall conduct yourself in your relations with other Membersor their guests or the General Public or Third Parties in a responsible and carefulmanner. Members failing to behave correctly may be expelled, suspended orprevented from continuing with an event. Suppliers or other event organisers canrefuse admission if in their opinion you may be a risk to others or yourself or youare affecting the enjoyment of others or the running of the event whether throughdrink, drugs or otherwise.
8.9 When participating in an Event which requires you to provide clothingequipment tools or appliances you or your guest must supply what is requiredsuitable for use and shall cause no damage nuisance or annoyance to any othermember or third party. The Company shall not be responsible for the caremaintenance 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 anyEvent for which you subscribe and in applying to take part in such Event youwarrant to the Company that you are physically suited to take part in such Eventand will remain so throughout the Event.
8.11 In applying to take part in an Event you acknowledge that the terms andconditions of the Supplier shall apply to the Event and it is your responsibility tofamiliarise yourself with the terms and conditions of the Supplier and the rulesregulations and safety policy governing the Event. If relevant equipment issupplied by the Supplier the Company shall not be liable for defects in orshortages 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 withthe guidance and advice given by the relevant equipment supplier or theSupplier. You shall have no claim against the Company for any failure by theSupplier to supply adequate equipment instruction information or advice or toensure that the Event is suitably organised managed or controlled
8.12 Unless otherwise stated it is your responsibility to arrange travel to theEvent and where applicable to comply with any passport, visa or inoculationrequirements.
8.13 If tickets or vouchers are issued by the Supplier, it is the Supplier'sresponsibility to despatch them. If tickets or vouchers are required and you donot have them 4 days before the Event, email the Company and the Companywill investigate. If the event is booked at a time when it would be impractical todespatch tickets, arrangements will be made for them to be collected at theevent. Most 8th Day UK events do not require tickets, nor will you receive anofficial receipt or confirmation. Once you have booked on the event you will becontacted by email again shortly before the event with final details.
8.14 The right to participate in an event is not transferable.
8.15 You must provide proof of membership (e.g. membership card) at Eventswhen requested to do so. Failure to do so may lead to inability to participate inan Event.
8.16 You shall make all payments due under the Contract in full without anydeduction whether by way of set-off, counterclaim, discount, abatement orotherwise.
8.17 Participation in all Events is at your risk or is governed by the Suppliers'Terms & Conditions. Because of the risk attached to some events you may berequired to sign a form of disclaimer of liability as a condition of taking part.When refusal to do so prevents your participation in the Event the Companyshall have no liability to provide compensation.
9. ACTIVITIESIn addition to points covered under Events above which will apply for Activities,the following shall also apply:
9.1 The Company shall bear no responsibility for events added and organised byMembers, nor for payments made by You for them. Members booking ontoevents organised by other Members do so entirely at their own risk anddiscretion. See our Safety Advice.
9.2 Members who add events and portray false information or fail to organise theEvent properly once other Members are booked onto it can be restricted fromorganising further Events, at the discretion of the Company.
10. CONTENT STANDARDS
10.1 These content standards apply to any and all material which you contribute toour 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 areposted.
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, sexualorientation 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 contractualduty 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 affiliationwith 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 intellectualproperty laws (or by rights of privacy of publicity) unless you own or control therights thereto or have received all necessary consents.Upload files that contain viruses, corrupted files, or any other similar software orprograms 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 reasonablyshould know, cannot be legally distributed in such manner.Falsify or delete any author attributions, legal or other proper notices orproprietary designations or labels of the origin or source of software or othermaterial 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 oursite.Harvest or otherwise collect information about others, including e-mail addresses,without their consent.
10.5 We are under no obligation to monitor the contributions, however, we reservethe 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 atany time without notice for any reason whatsoever.
10.7 Always use caution when giving out information about yourself or your childrenin any contribution. We do not control or endorse the content, messages orinformation found in any contribution and, therefore we disclaim all liability withregard to the contribution and any actions resulting from your participation in anycontribution.
10.8 Our managers and hosts are not our authorized spokespersons, and theirviews 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 youdownload the materials.
11 DELAYED DELIVERY; FORCE MAJEURE ETC
11.1 Delayed delivery or failure of the Company to comply with any obligationhereunder whether for an Event or otherwise due to war, civil commotion, strikes,lock-outs, machine breakdown, fire or force majeure or any cause whatsoeverbeyond the Company's control will not involve liability on the part of the Companyand the Company shall be entitled as its option to cancel the order or any partthereof or to postpone the Event
12.1 In view of the potentially dangerous nature of certain Events you arerecommended to obtain your own personal accident and third party liabilityinsurance through companies of your own choice and to suit your personalcircumstances. Members shall have full responsibility for arranging their ownsuitable insurance.
13.1 Members agree to allow the Company to use any photographs or otherimages of them taken at Events or activities for promotional purposes and areaware that they may be taken by other members and posted on social networkingsites or elsewhere over which the Company has not control. Where the photographis on the Company website and is deemed offensive by You then upon beinginformed the Company will use its discretion to remove it or otherwise but is underno obligation to do so.
14 DATA PROTECTION
14.1 The Company will take all reasonable precautions to keep the details of yourapplications and payment secure, but unless the Company is negligent, theCompany will not be liable for unauthorised access to information supplied by youand in any event only to the value of the transaction conducted with the company.
14.2 The Company shall have no responsibility for loss or damage sustained byyou arising from the passage of any computer virus or other damaging electronicmessage.
15 INDEMNITYYou agree to indemnify and hold the Company harmless from any claim or demand,including reasonable legal fees, made by any third party due to or arising out ofYour 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 theCompany has no control over Activities organised by Members and attendance atand transport to these Activitiess, nor control over those attending or theinformation supplied, and is not responsible for the acts or other actions by otherMembers or guests.
16.2 Nothing in these conditions excludes or limits the liability of the Company:
16.2.1 for death or personal injury caused by the negligence of the Company itsofficers or employees;
16.2.2 for any matter for which it would be illegal for the Company to exclude orattempt to exclude liability; or
16.2.3for fraud or fraudulent misrepresentation.
16.3 Subject to clause 16.2.
16.3.1 the Company's total liability in contract, tort (including negligence or breachof statutory duty), misrepresentation, restitution or otherwise, arising in connectionwith the performance or contemplated performance of its obligation shall be limitedto the membership fee or the price of the Event; and
16.3.2 the Company shall not be liable to You for any pure economic loss, loss ofprofit, loss of business, or otherwise, whether direct, indirect or consequential, orany claims for consequential compensation whatsoever (howsoever caused) whicharise out of or in connection with the Site, membership or an Event.
17.1 The Company may amend these Terms at any time by giving You notice("Notice") by either e-mail or by posting the amended Terms on the Site. Anyamended Terms will govern new transactions from the date that it is posted on theSite. Existing members will be bound by the amended Terms after the expiry of 30days following the date of a Notice.
17.2 Each right or remedy of the Company under the Terms is without prejudice toany other right or remedy of the Company whether under the Terms or not.
17.3 If any provision of the Terms is found by any court, tribunal or administrativebody 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 severableand the remaining provisions of the Terms and the remainder of such provisionshall continue in full force and effect.
17.4 Failure or delay by the Company in enforcing or partially enforcing anyprovision of the Terms will not be construed as a waiver of any of its rights underthe Terms.
17.5 These terms of sale and the supply of the goods will be subject to English law,and the English courts will have jurisdiction in respect of any dispute arising fromthe contract.
17.6 Neither the Company or you intend that any term of this Contract will beenforceable by any person that is not a party to it other than someone to whomthe Company transfers its rights under this Contract.
17.7 The Company may assign the benefit of any contract to any person, firm orcompany.