Our Terms and Conditions
The information on this form will not be disclosed by CLCMembers.co.uk without your consent. CLCMembers.co.uk is a Project of Alexanders Associates Ltd, who are Registered under the Data Protection Act
By completing this form, and sending it to us, you confirm your consent to Alexanders Associates Ltd collating the information in this form other than your personal data and disclosing it under our agreement with our Appointed firm of Spanish lawyers.
If you wish to receive advice from the Lawyers about a possible claim, we will discuss your contract with them on your behalf. Each contract may have slight variances as we have found to be the case in our last 14 Years of working with CLCMembers. Your Contract would have to stand up in a court case, so we cannot proceed without a copy of this. If you’re contract, in the opinion of the lawyers, has the potential of a claim, you are then consenting for us to disclose your personal data, i.e. name , address and contact details. Such a referral will enable you to access an agreed preferential rate we have negotiated for legal fees and costs, should you decide to proceed with a claim. You will be under no obligation to complete or pay anything up front.
We may be able to proceed as above without a contract, but a legal opinion will first be sought on your individual case. You may then potentially be offered a preliminary assessment of your information and advice of the viability of a claim. Subject to an opportunity being identified an estimated value will be given and a fixed fee quote provided to you, that may also offer progressive stage payments. There is no obligation to progress with a claim, and any such claims being undertaken will be conducted on a confidential basis, due to potential variances of different contracts with Club La Costa. No payment will be required unless and until you decide to proceed with a claim. You may also be offered opportunities to meet the lawyers at any roadshows that CLCMembers may organise, where a free assessment could be given individually.
You agree also that if you are found to be discussing this action or any part of it’s process, on the CLCMembers.co.uk Forums or any of its Social Media sites or any other online site where it’s clearly related to the Actions CLCMembers is undertaking to recover your monies, you will immediately be exempt from any existing or future assistance from CLCMembers and our appointed lawyers and a preferential rate.
You agree that you will not be engaging directly with any other organisation relating to a refund for the same product at the same time identified with the detail you submit with our Form, until we grant permission to do so.
These Terms and Conditions are the standard terms for the provision of services by CLCMembers.co.uk which is a project of Alexanders Associates Ltd Company Registered Number 07255662 registered office at 43 Bryn Y Mor Road, Gowerton, Swansea SA4 3EY
- Definitions and Interpretation
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means any day other than a Saturday, Sunday or bank holiday;|
|“Calendar Day”||means any day of the year;|
|“Contract”||means the contract or order for the provision of Services, as explained in Clause 3;|
|“Intellectual Property Rights”||means copyright (and related rights), designs, patents, trade marks, and all other intellectual property rights that may exist in anything that We may create or produce as part of the Services. This includes all such rights, whether they are registered or unregistered, and the rights to apply for renewals or extensions of those rights (where relevant);|
|“Month”||means a calendar month;|
|“Price”||means the price payable for the Services;|
|“Services”||means the services which are to be provided by Us to you as specified in your Subscription or Login|
|“Special Price”||means a special offer price payable for Services which We may offer from time to time;|
|“Order”||means your order for the Subscription or Login or use of our website|
|“Order Confirmation”||means Our acceptance and confirmation of your Order as described in Clause 3;|
|“We/Us/Our”||Means CLCMembers.co.uk which is a project of Alexanders Associates Ltd Company Registered Number 07255662 registered office at 43 Bryn Y Mor Road, Gowerton, Swansea SA4 3EY
- Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
- Information About Us
- co.uk which is a project of Alexanders Associates Ltd Company Registered Number 07255662 registered office at 43 Bryn Y Mor Road, Gowerton, Swansea SA4 3EY
- The Order or use of the Website
- These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
- It will be a legally binding contract between Us and you will be created upon accessing our website or the forums, which is when you Register or when you visit any part of our website.
- Orders or Use of the Website
- All Orders for Services made by you will be subject to these Terms and Conditions.
- If your Order is changed We will inform you of any change to the Price by email.
- You may cancel your Order at any time but no subscriptions or part subscriptions will be part or fully re-imbursed
- We may cancel your Order at any time of our choosing.
- Price and Payment
- The Price of any paid Services will be that shown at www.clcmembers.co.uk/subscriptions
- Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
- All Prices include VAT if applicable or we are required to Register by UK Law.
- We accept the following methods of payments:
- Direct to our Bank Account
- Providing the Services
- As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the business sector.
- We will begin providing the Services when you Register with us.
- We will continue providing the Services whilst the website is available or in the case of paid subscriptions until a subscription runs out or you are removed.
- We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.
- If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
- If the information or action required of you under sub-Clause 6.5 is delayed incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
- In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension using digital means).
- In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you using digital means before suspending the Services.
- If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you by digital means. This does not affect Our right to charge you interest under sub-Clause 5.10.
- Problems with the Services and Your Legal Rights
- We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible
- We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical
- We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work.
- As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
- As a consumer you have certain legal rights with respect to digital content. If any work produced for you under these Terms and Conditions is supplied as digital content, these rights may apply to you. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Any digital content that We supply to you must be of satisfactory quality, it must be fit for purpose (where any such purpose has been made known to Us whether expressly or by implication), and it must match any description given by Us. Due to the nature of digital content you are unable to reject digital content which does not comply with the above.
- Intellectual Property Rights
- During the course of providing the Services to you, We may create or produce content for you which embody/embodies certain Intellectual Property Rights (such as copyright or patents).
- We will retain ownership of any and all Intellectual Property Rights that may exist in our content or that submitted by any registered user. We will grant to you a royalty-free use of any content, provided you write to ask our permission. It may not be used in any legal case anywhere. The licence granted under this sub-Clause 8.2 will stand indefinitely.
- If the Order is cancelled under Clause 11, the licence granted under sub-Clause 8.2 may also be cancelled in full or in part and you will no longer be permitted to use all or part existing or previous content without our express written permission.
- Our Liability
- We will not be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the order is created. We will not be responsible for any loss or damage that is not foreseeable.
- We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind [(including resale)]. By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us[, nor for Our failure to supply digital content that is of satisfactory quality, fit for purpose and as described].
- Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
- Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
- If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform you as soon as is reasonably possible;
- Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
- We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
- If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 11.3.3;
- If the event outside of Our control continues for more than 4 weeks, We will cancel the Order in accordance with Our right to cancel under sub-Clause 11.6.3 and inform you of the cancellation
- If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 4.4.
- Once We have begun providing the Services, you are free to cancel the Services and the order at any time by giving Us written notice.
- We have breached the Order in any material way and have failed to remedy that breach if you asking Us to do so in writing; or
- We enter into liquidation or have an administrator or receiver appointed over Our assets; or
- We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 10.2.4)
- We may cancel your Order for the Services before the Services begin
- Communication and Contact Details
- If you wish to contact Us, you may do so by email at firstname.lastname@example.org
- Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
- How We Use Your Personal Information (Data Protection)
- All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
- For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from www.clcmembers.co.uk/privacy-policy
- Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the order, as applicable) without Our express written permission.
- The order and Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
- Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales][Northern Ireland][Scotland].
- As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residenc