Terms and Conditions

Please read these terms and conditions carefully before registering to become a member

These terms and conditions (together with any documents referred to in them, including but not limited to our Website Terms of Use and our Privacy Policy) set out the terms on which we will allow you to use our site, www.vivusclub.com (our site), as a registered member. Please read these terms and conditions carefully and make sure that you understand them before registering to become a member of our site. You should understand that by accepting these terms and conditions, you agree to be bound by them. In the event of any conflict between these terms and conditions and our Website Terms of Use, these terms shall prevail in relation to your membership of the online club (club).

You should print a copy of these terms and conditions for future reference.

Please click the box -on the ‘JOIN US’ page- to accept these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to register as a member of our site.

By registering to become a member of our site you warrant that you are legally capable of entering into binding contracts and that you are over the age of 18.

Non-members are not permitted to take part in online members group meetings.

 

Information about us

We operate the website www.vivusclub.com. We are Confident Communication Ltd, a company registered in England and Wales with company number 3606903 and with our registered office at 74 Munster Road, Fulham, London SW6 4EP.

We are a limited company.

 

Membership and Registration

·       Aims:

The online club (club) offers entertainment on the topic of personal communication-skills practice and development alternatives.  All content, products and services are not to be considered as legal or professional advice and are to be used for personal entertainment purposes only.

·       Facilitators:

Will be self-employed consultants and shall facilitate each group meeting, exercising the powers given to them by us for all club purposes. The facilitator shall ensure fair play during sessions and will give advice and support where required.

·       Committee:

Confident Communication and its advisors shall constitute a General Committee.

The General Committee shall meet as often as may be necessary to ensure the proper conduct of the affairs of the club.

The General Committee of the club shall exercise the powers given to it by these terms and conditions and such other powers of management as it may undertake at our request.

The Committee will use feedback and recommendations given by the facilitators.

You acknowledge that membership is strictly on an individual basis.  That means one active registration and one member-code for each member.  Membership cannot be shared or transferred to any other person.

The General Committee shall have an input into the acceptance or not of your application.

Applications for Membership must be made through the process defined and will include an online profile form and live online face-to-face interview.  The interview will be recorded and stored in our files.

The email address you provide us must remain valid throughout your membership.  If an email that we send to you should bounce for some reason, your membership may be temporarily suspended until you contact us with a valid and verifiable address.

Any omission or inaccuracy in the particulars you provide during the application process may render your membership void at the discretion of the General Committee.

You acknowledge that from time to time, we may restrict access to some or all parts  of our site for essential site work and we may, from time to time, make any changes to our site.

 

How the contract is formed

After submitting your details in order to create a membership account and making a valid payment of the membership fee you will receive an email from us acknowledging that we have received your application. Please note that this does not mean that your application has been accepted. Your application constitutes an offer to us. All applications are subject to acceptance by us and a valid payment by you of the required membership fee. If your application is successful, we will confirm acceptance by sending you an email that confirms that your application and payment has been successful (membership confirmation). The contract between us (contract) will only be formed when we send you the membership confirmation.

We reserve the right to require additional information from you before processing your application.

Once you have received your membership confirmation, you shall be a member entitled to all the privileges of membership and shall be deemed to have agreed to be bound by these terms and conditions.  Any infringement of these terms and conditions may result in immediate termination of your membership.

 

Membership Fees

In order to register as a member you must pay the relevant fee of £6000 pa, which includes an application fee of £360 (membership fee).

The membership fee shall be due when you register to become a member and prior to you being accepted. Any further annual subscriptions of the membership fee thereafter will be due on the anniversary of such date in each year of your membership.

Membership fees shall be paid using Bank Transfer or by BACS.

We reserve the right to change the membership fee at any time but we will give you reasonable notice of this before your membership is due for renewal.

All memberships shall be automatically renewed unless you notify us that you wish to cancel your membership at least 48 hours before your membership is due to expire. The renewal shall be performed in accordance with the manner of payment originally chosen by you.

The membership fee shall be the same as the rate you originally paid unless such prices have been increased in which case we shall notify you of any increase at which point you can choose to cancel your membership.

 

Your Obligations

While using our site you agree to comply at all times with these terms and conditions and the Website Terms of Use.

You acknowledge that some discussions will be open and some one-to-one discussions will be confidential.
You will be required to participate fully in the club activities.
You will support others by recounting your personal experiences.  Guidance will be given on how to do this safely.
As a member of our site, you agree to use our site for lawful purposes only.  You may not use, or allow others to use your membership to:
·       Post or transmit any content about other members or that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any Club Member, Facilitator or other Club Officers.

·       Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret) or under contractual or fiduciary relationships (as in non-disclosure agreements).

·       Post, transmit or link to sexually explicit material.

·       Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity.

·       Post or transmit statements that are intentionally false or misleading, or use such statements to cause hurt or distress in others.

·       Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes.

·       Intentionally violate any other laws or regulation while accessing and using our site.

·       Collect or store personal data about other Club Members, Club Facilitators and other Club Officers without their formal consent.

·       Post or transmit any file that contains viruses, corrupted files, ‘Trojan Horses’, or any other contaminating or destructive features that may damage someone else’s computer or attempt to gain unauthorized access to our site.  By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our site will cease immediately.

Whilst we can’t review all transmission by our site users, we reserve the right to monitor any information transmitted or received through our site. We may, at our sole discretion and without prior notice, at any time review, remove, or otherwise block any post or terminate your membership for violating the above provisions.

You should notify us immediately if you have been harassed in any manner or you feel that anything done by another member of our site is in violation of these terms and conditions. You are responsible for all statements made and acts that occur through the use of your membership and password.  If your password has been compromised, you must let us know immediately.

Except with our prior written consent or the written consent of the General Committee, you shall not give the name or address of the club in any advertisement or use the club name for any business purposes whatsoever.

 

Termination of Membership

These terms and conditions will remain in full force and effect as from the date you are accepted as a member until such time as your membership is terminated for whatever reason.

 

Termination by you

You may cancel your membership within seven working days after you have received membership confirmation and receive a full refund of the membership fee paid.  However, this right to terminate does not apply once you have started to use the service provided through our site.

You may cancel your membership at any time, by completing an online form.  By cancelling your membership you agree to forfeit all the privileges of membership without any claim for any refund of the membership fee.

 

Termination by us

We, with the assistance of the General Committee, may expel you from the club, if your conduct is such, in the opinion of Confident Communication or the General Committee, to be detrimental to the operation, character or interests of the club or other members.  Such conduct shall include, without limitation: any passing on of information about members, club Facilitators and Club Officials to: members; non-members; companies and organisations; being convicted of an indictable offence; or being adjudged a bankrupt.

We reserve the right to terminate your membership at any time and for any reason. In such event, we may issue a refund, or partial refund, in our absolute discretion, though we will not issue a refund in any circumstances if you have been expelled from the club due to your conduct.

We will send you notice of termination to any email address provided by you during the registration process or such other email address as you provide to us thereafter.

You agree that any termination of your access to our site may be effected without prior notice and accept and agree that we may immediately deactivate, store or delete your account and all related information and data and withhold any further access to you to such data or our site.  Additionally, you agree that we shall not be liable to you or any third party for any termination of your access to our site.

Without prejudice to any accrued rights or obligations, upon termination of your membership, all of your rights under these terms and conditions will cease immediately.

You acknowledge that upon the death or bankruptcy of a member his or her membership shall not pass to those entitled to the estate or property of such member except with the express approval and on such terms as the General Committee shall think fit.

 

Privacy

The personal information you submit online is processed in accordance with our Privacy Policy.

 

Liability

You agree that we shall not be liable for any decision made or action taken by you or others based upon reliance on news, information, or any material published on or received through our site.

You understand and acknowledge that information posted or provided by any third party is the sole responsibility of the person from which such material originated.  We take no responsibility for the accuracy and completeness of the information provided through our site.

We do not warrant and are not responsible for ensuring that our members are in compliance with these terms and conditions.

To the extent permitted by law, we exclude all warranties, obligations and liabilities in connection with our site and the service we offer through it. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of our site.

In any event, our total liability to you under these terms and conditions shall in no circumstances exceed the membership fee paid by you in the year in which the claim arose.

You agree to indemnify, defend and hold harmless Confident Communication Ltd and its affiliates, directors, facilitators and employees from and against any claim, liability, cost, damage or loss we may incur (including without limitation, reasonable professional fees) as a result of:

·       any material you post;

·       any violation by you of your obligations under these terms and conditions; and

·       your use of our site.

 

We will not be held responsible to members for the correct operation of members’ equipment.  You are responsible for the correct functioning of your communications equipment.

 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site and in the material published on it, except as otherwise provided in these terms and conditions. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

All material published on our site should be treated as confidential, however, you may print off one copy, and may download extracts, of any page(s) from our site for your personal, non-commercial use as long as you do not share such material with any non-members and at all times act in accordance with these terms and conditions.

 

In the material we make available on our site, we rely on a wide variety of sources and other websites.  We believe these sources of data to be generally accurate and reliable but sometimes they may not be.  We make no claim or representation as to the accuracy, completeness, or truth of any material contained on our site.

 

Advertisers

If you wish to contact any advertisers who have placed an advert on our site, then any arrangements entered into between you and the advertiser (including, but not limited to, taking up any positions of employment and/or purchasing any other goods or services from those advertisers) shall be between you and the advertiser and we hereby exclude all liability in connection with such arrangements.  It is entirely a matter for you to satisfy yourself as to the suitability of the advertisement, any role offered (including any conditions of that offer) and details contained therein or any other goods or services offered by the advertiser and we shall not be responsible for any such arrangements.

 

We reserve the right to make changes to the contents of any advertisement or details placed on our site at any time.

 

Linking

Any links provided on our site to other websites are not intended to provide an endorsement by us and are provided for your information only.  We will have no liability or responsibility for the content of those websites whatsoever.

We reserve the right to withdraw linking permission without notice.

You may not create a link to any part of our site without our written permission or the written permission of the General Committee.

You must not establish a link to any part of our site with any website that is not owned by you.

 

Applicable law

These terms and conditions, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

Miscellaneous

Waiver: A waiver of any right or remedy under these terms and conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall preclude or restrict the further exercise of any such right or remedy.

Unless specifically provided otherwise, rights arising under these terms and conditions are cumulative and do not exclude rights provided by law.

Severance: if any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement, and the validity and enforceability of the other provisions of the agreement shall not be affected.

If a provision of these terms and conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

Assignment: you shall not, without our prior written consent, assign or transfer or deal in any other manner with all or any of your rights or obligations under these terms and conditions.

Entire Agreement: these terms and conditions and the pages on our site to which these terms refer, constitute the entire agreement between us and constitute the entirety of the rights and obligations of each member.

Variation: we may modify these terms and conditions at any time. You will be informed of the nature of these modifications as soon as they are posted on our site. The modifications shall take effect one month after they are posted on our site.

Third Party Rights: a person who is not a party to these terms and conditions shall not have any rights under or in connection with them except in accordance with the indemnity under the section ‘Liability’.