Terms and conditions

Last updated: January, 2023

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://clubguests.net website (the "Service") operated by ClubGuests Ltd ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that ClubGuests Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that ClubGuests Ltd cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

ClubGuests service commencement

We aim to complete your network within 10 working days of your first membership payment but this is a guideline only. There are quite a few factors to take into account:

• the size of your club network
• whether clubs in your network are in our database
• whether we have researched the club and created a profile
• whether you give timely responses to our requests for assets or information to start your service.

The ClubGuests service starts when the reciprocal feed goes live on your site. We will extend the end date of your membership to compensate for the number of days it takes us to complete your network and make it live.

You will automatically be invoiced 1 year later for the next year's membership.

Errors and accuracy

Our data entry operators take pride in accuracy. However mistakes can be made from time to time and when notified we will take immediate steps to correct them. However the data entered for this service may be inaccurate, and you expressly agree that any such mistakes do not attract any legal consequences.

Data exceptions

When a club is added to the system and linked to your network the following applies:

• We make our best efforts to identify a club administrator and contact details for the reciprocal club. But there is no guarantee we can get them all as we rely on publicly available data.
• We invite every club we add to take surveys , but there is no guarantee that the club will respond.

ClubGuests set-up

This service excludes any original design services. Letterheads and logos will be supplied by the customer and ClubGuests will only crop and resize these for use on the site. 

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mis-priced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Reciprocal agreements

Our service allows you to create reciprocal links between your club and another club. ClubGuests expressly forbids creating reciprocal links where a formal offline and documented agreement does not exist.  

If you create such a link, you represent and warrant that: (i) the agreement is yours or belongs to your club,  (you own it) or you have the right to use it and that posting of your link on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or club. You further acknowledge and agree that ClubGuests Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such agreements. You further agree that your club is responsible and liable, directly or indirectly, for any damage (including reputational damage to ClubGuests) or loss caused or alleged to be caused by or in connection with use of or reliance on any such agreements by anyone using the Service.

Targeted reciprocal agreements 

Our service allows you to post reciprocal agreements between a reciprocal club and your club, if the reciprocal club does not hold a ClubGuests account. ClubGuests expressly forbids creating custom agreements where a formal offline and documented custom agreement does not exist.  

If you create such an agreement, or if ClubGuests creates the agreement based on documentation you provide, you represent and warrant that: (i) the custom agreement applies to your club and is documented and agreed between the reciprocal club and your club and that you have the right to use it and that posting of your link on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or club. You further acknowledge and agree that ClubGuests Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such custom agreements. 

You further agree that your club is responsible and liable, directly or indirectly, for any damage (including reputational damage to ClubGuests) or loss caused or alleged to be caused by or in connection with use of or reliance on any such custom agreements by anyone using the Service where the agreement is false or misrepresented.

Member verification

Our service allows you to verify a person who wants a letter of introduction as a member of your club. You acknowledge and agree that ClubGuests Ltd shall not be responsible or liable, directly or indirectly, for any damage (including reputational damage to ClubGuests) or loss caused or alleged to be caused by or in connection with any error you make in such a verification. To be clear, ClubGuests takes no responsibility if you verify a person as a member when they are not a member.

You further agree that your club is responsible and liable, directly or indirectly, for any damage (including reputational damage to ClubGuests) or loss caused or alleged to be caused by or in connection with the incorrect verification of a person

Damage to reputation

You are responsible for any damage to the reputation of ClubGUests, and agrees to return them to the Lessor in the same condition they were initially received, with the exception of normal usage. Any illegal use, spamming or unreliability of operation or service of the domain names are all examples of damage to reputation.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ClubGuests Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ClubGuests Ltd.

When you upload content, you give to ClubGuests Ltd a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and ClubGuests Ltd business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by ClubGuests Ltd.

ClubGuests Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ClubGuests Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

You can cancel your ClubGuests membership at any time by contacting us by email on admin@clubguests.net.

If you cancel your membership within 3 months of your current membership year, you we will refund you the remaining portion of your membership fee for the following month to the end of your membership year.

As an example, if your membership started in January and you cancel mid-February, you will be refunded from March onwards - in other words 10 months worth of membership.

If you cancel after three months, there is no refund.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless ClubGuests Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall ClubGuests Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ClubGuests Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will ClubGuests Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by ClubGuests Ltd or any person for whom ClubGuests Ltd is responsible, and even if ClubGuests Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.