Membership Agreement made between Affinity Marketing Direct Limited, a company registered in England (Company no: 06449032) with a registered office of Tollgate Court, Tollgate Drive, Stafford, United Kingdom, ST16 3HS ("AMD" or "we", "us" or "our") and the person to whom the welcome letter was addressed ("You" or "Your") with respect to Savings You Love (the "Club").
1.1 AMD will manage and operate the Club during the term of this Agreement. The Club will offer a variety of membership services and products described on the website here and other information provided in the welcome letter (which will be sent to you either physically or digitally, the "Welcome Letter"). Special offers and/or discounts will also be made available by third parties (each a "Supplier") to Members of the Club. Any product or service ordered is subject to availability. You can use the contact us form on the website in order to check whether a particular discount or other benefit is available through the Club.
2.1 Membership of this Club is only available to legal UK residents aged 18 and over and is not transferable. Use of any of the benefits, products or services available through the Club will constitute Your acceptance of all the terms and conditions of this Agreement. If you do not agree to them, please do not use the benefits, products or services available through the Club.
3.1 This Agreement shall be deemed to have commenced on the day on which You agreed to join the Club ("Commencement"). If you joined by telephone this will be the day of the telephone call in which you agreed to become a Member of the Club. If you joined online this will be the day you signed up to become a member of the Club online.
3.2 You agree that this Agreement and your membership will automatically renew on the date which is 12 months after the Start Date (the "Renewal Date") in accordance with paragraph 5 below unless previously cancelled or terminated in accordance with paragraph 6. Please see paragraph 4 for information about how to calculate your membership Start Date.
4.1 The Membership Fee (which includes VAT), whether paid annually or monthly, is the amount notified to You in advance of Your agreeing to join the Club. Unless otherwise agreed, all Membership Fees will be charged to the credit card, debit card or account number details You supply to us when joining.
(a) Monthly
(i) If You are a customer of our monthly Money Back Guarantee Membership, the Start Date is at Commencement. Fees are payable monthly in advance . Your first monthly Membership Fee will be payable immediately after You agree to join the Club (i.e. on Commencement of your membership).
(ii) If You are a customer of our monthly 30 Days Free Membership, Your 30 day trial period will start on the Commencement date and will be free. Your membership Start Date will be 30 days after Commencement and your first monthly Membership Fee will be payable at the Start Date (i.e. 30 days after Commencement). Fees will be payable monthly in advance thereafter.
For each of (i) the monthly Money Back Guarantee Membership and (ii) the monthly 30 Days Free Membership, unless Your membership is cancelled in accordance with Paragraph 6 below, you authorise AMD to bill the Membership Fee for each month of Club membership to the credit card, debit card or account number to which Your first monthly Membership Fee was billed or, if the number has changed, to obtain the new details from the card or account issuer and to bill the Membership fee to the then current number.
(b) Annually
If You join on the Annual Payment Plan, depending on the offer we are running when you agree to become Club Member, the Start Date is either:
(i) If we are running the “30 Days Free” offer, thirty days after Commencement, at which point the first year's Membership Fee will be payable; or
(ii) If we are running the Money Back Guarantee offer, at Commencement when you join the Club, and the first year's Membership Fee will be payable immediately.
Unless You have cancelled or terminated Your membership prior to the anniversary of the Start Date in accordance with paragraph 6, the annual Membership Fee will be charged in full at each anniversary of the Start Date. You will be notified in writing or by e-mail in advance of the Membership Fee for each subsequent year of membership.
Unless Your membership is cancelled in accordance with Paragraph 6 below, you authorise AMD to bill the Membership Fee for each subsequent year of Club membership to the credit card, debit card or account number to which Your initial Membership Fee was billed or, if the number has changed, to obtain the new details from the card or account issuer and to bill the Membership fee to the then current number.
4.3 Prior to the anniversary of your Start Date (your Renewal Date) we will notify you of the Membership Fee payable for the next year of Membership, this will include notification to you of any changes to the Membership Fee amount.
4.4 In some cases You will be charged a postage and packing fee for the dispatch to You of Your welcome pack. If a charge is levied, this will have been made clear to You before You agreed to join and will be payable immediately.
5.1 Unless You notify AMD’s Customer Service Department in writing, by email or by telephone prior to the anniversary of your Start Date (the “Renewal Date”) of Your intention not to renew Your membership of the Club, Your membership and this Agreement will be renewed automatically with effect from the applicable Renewal Date.
5.2 We will send you a renewal reminder in advance of the annual Renewal Date.
6.1 You have the right to cancel Your membership of the Club at any time by:
(a) Notifying AMD's Customer Service Department in writing to Affinity Marketing Direct, Tollgate Court, Tollgate Drive, Stafford, United Kingdom, ST16 3HS;
(b) By using the contact_us form found at https://chumsadvantageclub.co.uk and clearly requesting us to cancel your membership.
Cancellation will be effective no later than the end of the month of membership that is current when we receive notification of cancellation.
6.2 If you cancel during Your first year’s membership:
(i) and you are a customer of our monthly 30 Days Free Membership or on an annual payment plan “30 Days Free” offer, you will not be charged any Membership Fee at all if You cancel at any time up to the Start Date, 30 days after Commencement;
(ii) are not a customer of a "30 Day Free" offer and you are cancelling an annual membership plan within 30 days of the membership Commencement, you will receive a full refund of any Membership Fee paid in connection with that membership;
(iii) you cancel more than 30 days after Commencement and you are on an annual payment plan, you will receive a proportionate refund the Membership Fee paid (if any) for each complete month of the then current year’s membership still outstanding at the date of cancellation ;
(iv) you are on a monthly payment plan and you cancel within 30 days of Commencement you will receive a refund of all monies paid. If you cancel at any other time you will not be entitled to a refund of sums paid. This does not affect your statutory rights;
(v) In all the above cases You will also be refunded any other monies paid in accordance with your statutory rights.
6.3 In the case of the second or subsequent year’s membership, if:
(a) You are on an annual payment plan and cancel:
(i) within the first thirty days following the Renewal Date, You will receive a full refund of any Membership Fee paid for the current year’s membership; or
(ii) at any time after the first thirty days, you will receive a proportionate refund of the Membership Fee for each complete month of the then current year’s membership still outstanding at the date of cancellation.
(b) You are on a monthly payment plan and cancel at any time following the Renewal Date You accept that as you will be enjoying the Savings You Love benefits from the start of each month of membership, You will not be entitled to a refund.
6.4 If You are in breach of any of Your obligations under this Agreement (including without limitation eligibility requirements) AMD has the right to cancel the Agreement and Your membership of the Club at any time, on giving You reasonable notice, providing that the cancellation only takes effect at the end of a specified calendar month and that, where you are on an annual payment plan, You are refunded one twelfth of the Membership Fee paid (if any for each complete month of the then current year’s membership remaining.
6.5 Once Your membership is cancelled You will not receive or be entitled to use any benefits or discounts of the Club.
6.6 Any refund of the Membership Fee will be made by crediting the credit card, debit card or account to which the Membership Fee was billed or any other method as determined by AMD.
7.1 AMD does not sell all of the products or supply all of the services made known to You through Your membership of the Club; many are sold or supplied by third party suppliers ("Suppliers"). In order to take advantage of offers for products and services made by suppliers, You will need to enter into separate contracts directly with those suppliers. AMD will take reasonable care to ensure that the Supplier's descriptions and information contained in the website and other documents provided to You are accurate and not misleading at the time of printing but except as stated at the end of clause 7.3, AMD will have no liability to You in respect of such products or services including without limitation any liability arising out of:
(i) the failure of the relevant Supplier to supply any products and/or services on the terms offered;
(ii) any delay in delivering of any products and/or services by a Supplier;
(iii) any products and/or services provided by a Supplier that do not conform to the Supplier's description or are defective or in any other way of unsatisfactory quality, and /or;
(iv) any errors, omissions, price changes or out of stock items, including information omitted from the Member's Guide or other documents, because a Supplier does not inform us.
7.2 If You are not satisfied with any Supplier's product or service which You purchased or obtained after having become aware of it through the Club, You agree that Your sole recourse will be against the Supplier. Your only recourse against AMD if You are dissatisfied with a Supplier's product or service is to cancel Your membership in accordance with paragraph 6 above.
7.3 AMD will be responsible for any losses You suffer as a result of our breaking this Agreement or of our failure to use reasonable care and skill if the losses were a foreseeable consequence of that breach or failure when this Agreement was entered into.
7.4 AMD is not responsible for indirect losses which happen as a side effect of the main loss or damage and which were not foreseeable by You and us when we entered into this Agreement.
7.5 We are not liable for business losses. We only provide the Club and related services for private use. If you use the Club for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
7.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
7.7 AMD will have no liability to You or anyone else, and You will have no liability to AMD for any delay or non-performance of AMD's or Your respective obligations under this Agreement which is caused by something which is beyond AMD's or Your control.
Any telephone call that You make to AMD may be monitored and/or recorded. This will be for quality control, staff training and customer care purposes and to help resolve any complaints or queries. Our staff are aware that call monitoring and recording occur. Any personal data about You collected during these calls will be dealt with in accordance with our privacy policy which is available here.
9.1 If You have any query or complaint about AMD's services please use the contact us form on the website or write to Affinity Marketing Direct, Tollgate Court, Tollgate Drive, Stafford, United Kingdom, ST16 3HS. Please quote Your Club membership number which will be stated in all correspondence You receive from AMD.
9.2 In addition, please note that if you live in a European Union member state, or in Norway, Iceland or Lichtenstein, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.
You should inform us as soon as possible or any change to Your home address, email address or to any other contact details with which You have supplied us. Please do this by using the contact us form found on the website or write to Affinity Marketing Direct, Tollgate Court, Tollgate Drive, Stafford, United Kingdom, ST16 3HS. This will ensure that You continue to enjoy Club benefits.
You agree to inform AMD of any change to Your name, address or payment card details. We collect, store and use this personal data as it is necessary in order for us to provide you with access to and administer the Club in accordance with this contract.
Any personal information you supply to us or that we collect from you when using the Club or in connection with your membership will be used by us in the ways set out in our Privacy & Cookies Policy.
12.1 AMD may change the benefits, the Club, the terms of this Agreement and any other terms of membership and any other information provided to You.
12.2 Minor changes may be made to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example, to address a security threat. These changes will not adversely impact your use of your membership.
12.3 Where the change involves any reduction in the benefits enjoyed or any adverse change in any other conditions or terms of membership, we will give You at least one month's notice of the change and if You are not happy with the change You will be free to exercise Your cancellation rights as described in the cancellation clause 6 above.
13.1 AMD intends to rely on the written terms set out here. If You would like any changes, please ensure You ask for these to be put in writing. In this way, we can avoid any problems surrounding what You and AMD are expected to do.
13.2 If any of the terms or provisions of this Agreement are held to be invalid or unenforceable, its remaining terms and provisions will not be affected.
14.1 This Agreement will be governed by and construed in accordance with the laws of England and Wales or the laws of Scotland if You are domiciled there or the laws of Northern Ireland if you are domiciled there. Any dispute arising between AMD and You may be submitted to the jurisdiction of the English courts or You may choose the jurisdiction of the courts of Your domicile if You are domiciled in Scotland or Northern Ireland.