References to “In Touch”, “we”, “us” and “our” refer to In Touch Networks Limited and to “you” and “your” are to you, the member.
These Terms apply to the contract between us relating to our provision of, and your use of the Membership Services only (the “Contract“). If you wish to purchase other services then the terms and conditions relating to our additional services can be found www.intouchnetworks.com.
Please take the time to read these Terms before signing up to our Membership Services, as they include important terms which apply to you. Please note that by signing up to our Membership Services, you agree to be bound by these Terms and the other documents expressly referred to in them. Before signing up to our Membership Services you will be asked to agree to these Terms. If you do not accept these Terms, you will not be able to use the Membership Services.
When signing up to our Membership Services on our Website, please click on the button marked “I Accept” when completing your registration if you accept these Terms.
When you sign up to our Membership Services by telephone with one of our membership managers they will refer to these Terms as applying to your membership.
We may amend these Terms from time to time, as noted in clause 5. You should keep a copy of these Terms for future reference. These Terms are only available in the English language.
2.2 | If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you sign up to our Membership Services.
3.2 | We will supply our Membership Services to you until either:
3.3 | We will provide the Membership Services with reasonable skill and care. Where we give a timescale for provision of any element of the Membership Services, this is an estimate only and whilst we will use our reasonable efforts to achieve any dates we have notified, we will have no liability for failure to do so.
3.4 | If you have subscribed to a package that includes any CV linked or coaching elements as part of your Membership Services then you must complete those elements within 8 weeks of the date of your Membership Confirmation referred to in clause 4.3.
3.5 | You have legal rights in relation to Membership Services not carried out with reasonable skill and care, or if not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
4.1 | You can register to use our Membership Services by one of two methods:
4.2 | You may also register your interest in our Membership Services (without subscribing to them) via our Website or by telephone by providing the information referred to in clause 4.1.1
4.3 | After you successfully register for our Membership Services, you will receive an email from us acknowledging that we have received your registration and confirming that your membership profile has been verified, and accepted by us, and is active (“Membership Confirmation“). The Membership Confirmation will also confirm your portal log on details.
4.4 | Your membership will only be activated when we send you the Membership Confirmation at which point the Contract will come into force. Please ensure that you check your “Spam” folders as sometimes messages can get caught by filters.
5.1 | Subject to clause 9.3, the price of the Membership Services (which includes VAT) will be the price either:
5.2 | We use our best efforts to ensure that the price of the Membership Services is correct but from time to time our membership managers may make mistakes when quoting prices to you by telephone and/or our Website may display an error in pricing. If this happens and is due to our genuine mistake we will follow this up and confirm the correct price with you at which point you can either agree to subscribe for the Membership Services at that correct price or not. If you still wish to subscribe for the Membership Services then the Contract shall be concluded with you in accordance with clause 4.4 but if you do not wish to subscribe to the Membership Services then no contract shall come into force with you.
5.3 | If the rate of VAT or any other sales tax changes between your order date and the date we supply the Membership Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership Services in full before the change in the rate of VAT takes effect.
5.4 | We accept payment by credit or debit card. You must make payment for your membership in advance on sign up and at least 14 days prior to any renewal of your Membership Services under clause 9 (unless we agree a different payment plan, in which case you agree to pay in line with such agreed timescales).
5.5 | If you do not make any payment to us by the due date we may (in addition to any other rights we may have) charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6.1 | We may revise these Terms as they apply to your Membership from time to time to the extent necessary to reflect changes in relevant laws and regulatory requirements and our business practices and procedures, including the technologies and payment methods we use.
6.2 | We may make amendments to the Membership Services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
6.3 | We are also entitled to make more substantial changes to the Membership Services, but we will provide you with at least thirty (30) days’ notice of these changes before they come in to effect if they remove any material functionality or features. If you do not agree to any such changes you must notify us within that notification period and you will be entitled to a refund for any unused part of your Membership Services.
7.1 | We do not guarantee that our Website will be available 24/7 or that it will be free from errors or interruptions. We do not therefore guarantee that Membership Services will be available for viewing on the Website continuously or provided free of faults.
7.2 | In the unlikely event that there is any defect or error with a Membership Service you have signed up to we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable and would request that you:
7.3 | We will contact you in advance to tell you if we will be suspending supply of your Membership Service due to errors, defects or other issues with our website, unless the problem is urgent or an emergency.
7.4 | If we suspend the supply of your Membership Services, or there is a defect or error which affects the provision of the Membership Services then no refunds or rebates of the price for the Membership Services shall be due or payable unless the Membership Services are affected for a period of more than 30 days in which case you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Membership Services up to that point, and (ii) the remaining period of your subscription.
8.2 | The membership portal may allow you to make submissions or otherwise communicate with other persons on the portal and when you make any such submissions or communications they must be:
9.1 | When you sign up for the Membership Services, you will be asked to choose a length for the term of your initial subscription and subject to earlier termination under these Terms, the Contract shall continue in force for this period.
9.2 | On expiry of this initial subscription period (and any subsequent renewal period), the Contract shall automatically renew on the then current version of these Terms for a further period of time equal to your initial subscription period unless either you or we have given the other written notice to terminate the Contract, such notice to have been given no less than 30 days prior to the end of the initial subscription period or (as the case may be) any subsequent renewal period.
9.3 | The price for any renewal of your Membership Services under clause 9.2 shall be at our then current rates which we shall notify you of at least 45 days prior to the end of your then current term if the then current prices have increased by an amount above (i) the rate of increase in the retail prices index for the initial subscription period or renewal period (as the case may be), or (ii) 5%, whichever is the greater.
9.4 | Should our first attempt to take payment on renewal fail, we will attempt to take a second payment within the following 14 days and an admin charge of £20 will be levied in respect of our costs incurred in attempting to take the first payment. If the second attempt at taking payment fails then a further admin charge of £20 shall be levied in respect of our costs incurred in attempting to take the second payment and we reserve the right to commence debt recovery procedures against you.
Cooling off period
10.1 | You have the right to cancel the Contract within 14 days of it coming in to force in accordance with clause 4.2 without giving any reason.
10.2 | The cancellation period will expire after 14 days from the day on which we send you your Membership Confirmation pursuant to clause 4.2.
10.3 | To exercise the right to cancel the Contract, you must inform us of your decision to cancel by a clear statement confirming:
10.4 | Notification of your desire to cancel should be given to us in one of the following ways:
10.5 | To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
10.6 | If you cancel the Contract we will reimburse to you the price you paid for the Membership Services, however we may make a deduction from the reimbursement for the value of any use you have made of the Membership Services during that period. Such deduction shall be calculated by comparing your use of the Membership Services during that period with the use by other members generally.
10.7 | We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the Contract.
10.9 | Without affecting any other right or remedy available to you, you may have a legal right to end the Contract because of something we have done or are going to do. These reasons include:
10.10 | Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), you can still end the Contract before the end of the current subscription period but you will not be entitled to a refund of any fees paid. If you want to end the Contract before the end of your current subscription period where we are not at fault and you have not changed your mind in accordance with clause 10.1 just contact us to let us know and the Contract will end immediately.
10.11 | We may end the Contract at any time by writing to you (with no liability to you) if:
11.1 | If we breach the Contract, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Whether or not loss or damage is foreseeable is dependent on whether if such loss or damage was an obvious consequence of our breach or if it was contemplated by you and us at the time you signed up to the Membership Services.
11.2 | We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 | Where we make documents or templates available to you, these are provided for information and assistance purposes only and nothing within them shall constitute the provision of legal advice. Before seeking to rely on any document or entering into any such documents or templates, we would suggest that you take independent legal advice.
11.4 | We will not be liable to you in connection with the Memberships Services for an amount that exceeds the total price of your membership subscription for the period during which the relevant liability arose.
11.5 | We do not in any way exclude or limit our liability for:
12.1 | We own (or are a licensee of) all intellectual property rights in our Website/portal and in the material published on it. Those works are protected by copyright and other laws relating to intellectual property around the world. You are permitted to print off copies and download extracts from our Website or the material published on it for your own personal use provided that you do not modify these in any way or share these with third parties in any way (but you may draw the attention of others to material posted on our Website). You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Any use of extracts from the Website or materials published on it other than in accordance with this clause 12 for any purpose is prohibited.
13.1 | We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control which means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.2 | If an event outside our control takes place that affects the performance of our obligations under these Terms:
13.3 | If the event outside of our control continues for longer than 30 days then you shall be entitled to terminate the Contract and we will refund you a reasonable amount of the fees you have paid by reference to (i) the use you have made of the Membership Services up to that point, and (ii) the remaining period of your subscription.
14.1 | We may transfer our rights and obligations under the Contract to another organisation but this will not affect your rights under the Contract. We will always notify you by posting on our Website if this happens.
14.2 | You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 | Subject to clauses 14.1 and 14.2 no person shall have any rights to enforce any terms of the Contract other than you and us.
14.4 | Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, then the affected clause(s) shall be interpreted with such minimum modification as is necessary to make it lawful or enforceable and the remaining clauses will remain in full force and effect.
14.5 | If we fail to insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights in any way or that you no longer have to comply with your obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 | Please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction save that if you live in the United Kingdom you may take court proceedings in the courts of that part of the United Kingdom in which you live.