Terms and Conditions

MEMBERSHIP TERMS

These terms and conditions (together with our Privacy Policy (detailing our use of your personal information)

and our Terms of Website Use tells you information about us and the legal terms and conditions (“Terms”)

on which we provide our membership services (“Membership Services”) listed on our website

www.intouchnetworks.com (our “Website”) to you.

References to “we”, “us” and “our” refer to In Touch Networks Limited and to “you” and “your” are to you,

the member.

These Terms apply to your use of our Membership Services.

Please take the time to read these Terms before signing up to our Membership Services from our Website,

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 refuse to

accept these Terms, you will not be able to sign up. 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.

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.

1. Information about us

In Touch Networks Limited is a limited company registered in England and Wales under company number

05715110 and our registered address is at 3

rd Floor, 3 Hardman Square, Spinningfields, Manchester,

England, M3 3EB (“In Touch”). Our VAT number is VAT 884-809-276,

2. Contacting us

If you wish to contact us for any reason, the best way to contact us is by email at

[email protected] or using our Contact Us form on the Website.

If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the

address you provide to us when you sign up to our Membership Services.

3. Our Membership Services

Our Membership Services are detailed on the membership services page on our Website.

We will supply our Membership Services to you until either your subscription expires in line with clause 9

or either of us terminate the contract in accordance with clause 10.

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.

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. Registration process

Our Website pages will guide you through the steps you need to take to register for our Membership

Services. Please take the time to read and check your registration details at each stage of the process.

Alternatively, you can register by phone by calling us on 0161 7148495 and select option 3 to speak to the

‘Membership team’. Please note that our calls may be recorded for training and monitoring purposes.

After you successfully register for our Membership Services, you will receive an e-mail from us

acknowledging that we have received your registration and confirming that your membership profile is active

and has been verified and accepted by us (“Membership Confirmation”). Your membership will only be

activated when we send you the Membership Confirmation. You will also receive our Membership

Handbook and a helpful welcome email from our Customer Care team.

5. Our right to vary these Terms & the Membership Services

We may revise these Terms as they apply to your membership from time to time to reflect changes in

relevant laws and regulatory requirements and our business practices and procedures, including the

technologies and payment methods we use.

If we have to revise these Terms as they apply to your membership, we will contact you to give you

reasonable advance notice of the changes. We may ask you to accept our revised Terms the next time you

log onto your membership account and will also update the Terms on our Website.

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. We will also be 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.

We will let you know how to cancel your membership if you are not happy with any changes (other than

minor changes which do not materially impact your membership or your Membership Services.

6. Our Website & Membership Services

We do not guarantee that our Website will be available 24/7 or that it will be free from interruptions. We do

not therefore guarantee that Membership Services will be available for viewing on the Website continuously

or provided free of faults.

In the unlikely event that there is any defect or error with a Membership Service you have signed up to:

● contact us and tell us as soon as reasonably possible;

● give us a reasonable opportunity to repair or fix any defect (in any event not less than 14 days);

and

● we will use every reasonable effort to repair or fix the defect as soon as reasonably practicable.

We may suspend the provision of Membership Services to you to:

● deal with technical problems or make minor technical changes;

● update our services to reflect changes in relevant laws and regulatory requirements;

● make changes to the services as notified by us to you.

We will contact you in advance to tell you we will be suspending supply of your Membership Service, unless

the problem is urgent or an emergency. If we have to suspend your Membership Service more than 14

days in any month we will adjust the price so that you do not pay for your Membership Service while it is

suspended. You may contact us to end the contract for your Membership Service if we suspend it, or tell

you we are going to suspend it, in each case for a period of more than 1 month and we will refund any sums

you have paid in advance for the product in respect of the period after you end the contract.

We may also suspend supply of your Membership Service if you do not pay. If you do not pay us for the

products when you are supposed to and you still do not make payment within 7 days of us reminding you

that payment is due, we may suspend supply of your Membership Service until you have paid us the

outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will

not charge you for your Membership Service during the period for which it is suspended. As well as

suspending your Membership Service we can also charge you interest on your overdue payments.

7. “Cooling Off”

You have a legal right to change your mind within 14 days after the day we email you to confirm we accept

your order. However, once we have completed the services you cannot change your mind, even if the

period is still running. If you cancel after we have started the services at your request (using the form we

provide), you must pay us for the services provided up until the time you tell us that you have changed your

mind. If you access our website using your log-in details then you will no longer have a right to

cancel the contract.

To cancel Membership Services using your cooling off rights, you just need to let us know that you have

decided to cancel. The easiest way to do this is to complete and return the cancellation form which can be

found on our Website.

You can also e-mail us at [email protected] or contact our customer services team

by telephone on 0161 7148495 or by post to In Touch Networks Limited, 3rd Floor, 3 Hardman Square,

Spinningfields, Manchester, England M3 3EB.

We will refund you the price you paid for the products within 14 days of your telling us you have changed

your mind, by the method you used for making payment to us. However, we may deduct from any refund

an amount for the supply of the service for the period for which it was supplied, ending with the time when

you told us you had changed your mind. The amount will be in proportion to what has been supplied, in

comparison with the full coverage of the contract.

8. Our liability to you as a consumer

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable

result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage

that is not foreseeable. Loss or damage is foreseeable if such loss or damage was an obvious consequence

of our breach or if they were contemplated by you and us at the time you signed up to the Membership

Services.

We only supply the Membership Services to consumers for domestic and private use. You agree not to use

the services for any commercial, business or re-sale purposes, and we have no liability to you for any loss

of profit, loss of business, business interruption, or loss of business opportunity.

Where we make documents or templates available to you, these are provided for information and

assistance purposes and do not constitute the provision of legal advice. Before seeking to rely on any

document or entering into any contract, we would suggest that you take independent legal advice.

We do not in any way exclude or limit our liability for:

● death or personal injury caused by our negligence;

● fraud or fraudulent misrepresentation;

9. Duration of your Membership Services

When you sign up for Membership Services, you will subscribe for the set period of time you choose (1

month, 12 months or 36 months) from the date you sign up. Subject to earlier termination under this

agreement, the contract shall continue in force for this period.

On expiry of this period (and any renewal period), subject to earlier termination under this agreement, the

contract shall automatically renew for a further period of the same duration as the initial period unless either

you or we have given the other at least 30 days’ written notice to terminate the contract at the end of the

then current term.

10. Termination

You may end your contract with us if:

• we have told you about an upcoming non-minor change to the Membership Services or these terms

which you do not agree to;

• we have told you about an error in the price or description of the product you have ordered and you

do not wish to proceed;

• there is a risk that supply of the products may be significantly delayed because of events outside

our control;

• we have suspended supply of the products for technical reasons, or notify you we are going to

suspend them for technical reasons, in each case for a period of more than 30 days; or

• you have a legal right to end the contract because of something we have done wrong

We may end the contract at any time by writing to you if:

• you do not make any payment to us when it is due and you still do not make payment within 14

days of us reminding you that payment is due;

• you do not, within a reasonable time of us asking for it, provide us with information that is necessary

for us to provide the products;

• you do not, within a reasonable time, allow us to deliver the products to you or collect them from

us;

• you do not, within a reasonable time, allow us to supply the services.

We may write to you to let you know that we are going to stop providing the Membership Services (or

any element of them). We will let you know at least 30 days in advance of our stopping the supply of

the Membership Services (or a part of them) and will refund any sums you have paid in advance for

Membership Services which will not be provided.

11. Intellectual property rights

We own (or license) all intellectual property rights in our Website and in the material published on it. Those

works are protected by copyright laws and treaties around the world. You are permitted to print off copies

and download extracts from our Website for your own personal use provided that you do not modify copies

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

other than in accordance with this clause for any purpose is prohibited.

If you upload any copyright protected material (including photographs) to our Website, it is your

responsibility to obtain the permission of the copyright owner.

Please see our Website Terms of Use for further details on our intellectual property rights and the content

uploaded by our members.

12. Price and payment

The price of the Membership Services (which includes VAT) will be the price indicated on the order pages

when you placed your order. We use our best efforts to ensure that the price of the product advised to you

is correct.

If the rate of VAT 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.

It is always possible that, despite our best efforts, some of the Membership Services we sell may be

incorrectly priced. We will normally check prices before accepting your order so that, where the correct

price at your order date is less than our stated price at your order date, we will charge the lower amount. If

the correct price at your order date is higher than the price stated to you, we will contact you for your

instructions before we accept your order. If we accept and process your order where a pricing error is

obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may

end the contract, refund you any sums you have paid and require the return of any goods provided to you.

We accept payment by credit or debit card. You must make payment for your membership in advance on

sign up and at least 30 days prior to any renewal of the contract under clause 9.The price for any renewal

period under clause 9 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 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 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 judgement. You must pay us interest

together with any overdue amount.

13. Events outside our control

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. An Event Outside Our

Control means any act or event beyond our reasonable control, including without limitation strikes,

lockouts 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.

If an Event Outside Our Control takes place that affects the performance of our obligations under these

Terms:

● we will contact you as soon as reasonably possible to notify you; and

● our obligations under these Terms will be suspended and the time for performance of our

obligations will be extended for the duration of the Event Outside Our Control. Where the Event

Outside Our Control affects our delivery of Membership Services to you, we will arrange delivery

of the relevant Membership Services to you after the Event Outside Our Control is over.

14. Other important terms

We may transfer our rights and obligations under these Terms to another organisation but this will not affect

your rights or our obligations under these Terms. We will always notify you by posting on our Website if this

happens.

You may only transfer your rights or your obligations under these Terms to another person if we agree in

writing.

These Terms are personal between you and us. No other person shall have any rights to enforce any of its

terms.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that

any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, 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 do not have to comply with those 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.

Please note that these membership 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 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.

Schedule 1 Model Cancellation Notification

(Complete and return this form only if you wish to withdraw from the contract)

To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX

NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods

[*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

© Crown copyright 2013.

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