These Terms and Conditions set out the basis on which a Member may participate in the Perfect4U programme and use his or her Perfect4U following provisions govern the ownership and use of Membership:
Definitions
The following terms when used herein shall have the following meanings;
PERFECT4U means: Perfect4U Limited, a company registered in Gibraltar with company number 97817 whose registered office is at Hadfield House, Library Street, Gibraltar a lifestyle management service company.
“Affiliate” means a third party with whom PERFECT4U has entered into a contract wherein the third party provides Benefits to Members of the closed-user group programme operated by PERFECT4U.
“Benefits” means access to the various special products and services provided by the Affiliates and made available to Members, which Benefits shall be as set out from time to time in the Perfect4U Members’ guide, periodical publications and published on the Perfect4U website. Benefits shall include preferred rates, special offers, and such other products and services as Perfect4U shall in its sole discretion offer from time to time.
“Member” means a person who has been accepted by PERFECT4U as a member and who has paid the Membership Fee. A person ceases to be a Member if he or she terminates their Membership or cancels the membership.
“Membership” means a participation in the closed-user group which entitles the Member to access all of the Benefits offered from time to time by PERFECT4U through the Membership programme.
“Membership Application” means the application form on the face of these Terms and Conditions.
“Membership Fee” means the payment of £ 1995.00 by an applicant who has been accepted by PERFECT4U as a Member.
1. An application to become a Member of PERFECT4U can only be made following the attendance of the applicant at a presentation meeting where the Benefits of PERFECT4U have been explained and the Terms and Conditions of Membership and Membership fee have been fully disclosed. An Application to become a Member of PERFECT4U does not bind the applicant to make any payment to PERFECT4U or to subsequently become a Member. An applicant must be 18 years of age or older and resident in the United Kingdom.
2. PERFECT4U is entitled to refuse to accept any Membership Application at its sole discretion.
3. Membership in PERFECT4U becomes effective when the Membership Application is accepted by PERFECT4U and the applicant has paid the Membership Fee.
4. Upon acceptance of the Membership Application and payment of the Membership Fee, a membership card will be issued to the Member which will include a membership number, and the member will be provided with such additional information and material as deemed necessary from time to time so that the Member is aware of all Benefits of Membership. The Membership Card shall remain the property of Perfect4U at all times and on termination of the Membership for any reason must be returned to Perfect4U. Where applicable, only genuine Membership Cards encoded with a valid number will be accepted by Affiliates. Photocopies will not be accepted.
The Membership, Membership Card and the Benefits cannot be used in conjunction with any other offer or promotion. The Membership Card, once issued is non transferable, not for sale, resale or redeemable for cash. Cash value 0.001p.
5. Member must inform PERFECT4U in writing of any change in his/her address.
6. PERFECT4U is an intermediary between the Affiliates and the Members. It is the responsibility of the Member to check whether an Affiliate is offering a more favourable rate for any products or services than available through Perfect4U and Perfect4U accepts no liability for the Member having used his or her Membership instead of having taken advantage of a more favourable short term incentive, discount, promotion or otherwise.
The details of the Affiliates and products and services offered by the Affiliates published in the Member Guide and on the Perfect4U website are based upon information supplied by the Affiliates Venues and may be subject to change without notice. Whilst every care has been taken to ensure the accuracy of such detail at the time of publication, the Member must contact the Affiliate direct prior to booking travel or other arrangements to check that all published information is correct.
7. PERFECT4U has contracted with various Affiliates to provide Benefits to Members, which Benefits will change from time to time. PERFECT4U will at all times provide updated information as to Benefits available.
8. Subject to the Terms and Conditions of Membership herein, the Member is entitled to unlimited use of membership benefits offered by PERFECT4U during the term of his or her membership.
9. All communication between the Member and PERFECT4U must include the membership number.
10. The Member acknowledges that Perfect4U is establishing its range of products and services and Affiliates as an ongoing process and agrees that Member products and services provided through the Affiliates may be limited in number and scope during the calendar year 2007.
11. The term of Membership is for a period of 3 years from the date of acceptance by Perfect4U. Membership is personal to the member and. a Member may not transfer, assign, charge or otherwise dispose any of his or her rights or obligations arising under these terms and conditions, without the prior written consent of Perfect4U.
Perfect4U may transfer, assign, charge, sub-contract or otherwise dispose of any of its rights or obligations arising under these terms and conditions, at any time during the term of the Membership.
In the event of the death of a Member the Member’s heirs may at the discretion of Perfect4U receive the Benefits for the balance of the term of membership.
No refunds, exchanges or replacements can be made for Memberships not used prior to their final validity date.
12. Although Members can receive special “Members Only” prices on goods and services the Member understands that Perfect4U does not claim that any specific discount or savings will be available to an individual Member at any specific time and that Perfect4U is not a discount buying service. The Member understands that the same or similar products and services may be available to the Member at equivalent or lower prices than available to him or her through his or her Membership.
13. Member enquiries shall be made through Perfect 4 for referral to the Affiliate companies for provision of products and/or services. Payment for all products and/or services is arranged and handles exclusively between the Member and the Affiliate who the actually supplies the product or service.
14. These terms and conditions must be read in conjunction with the terms and restrictions unique to each Affiliate and the purchase of all products and/or services is subject to the terms and conditions of the Affiliate supplying such products or services. Individual Affiliates retain the right to vary prices and/or availability without notice. The Member acknowledges and agrees that Perfect4U provides no product or service warranties or guarantees as regards products and/or services purchased by the Member from Affiliates. Whilst each Affiliate has confirmed its willingness to participate in the Perfect4U programme, Perfect4U cannot be held responsible for any Affiliate declining acceptance of the Membership Card for reasons of their own, nor can they be held responsible should any Affiliate cease to trade. Perfect4U can accept no liability for loss or personal injury suffered except to the extent that Perfect4U is required to accept such liability by law. This does not affect any of the Member’s statutory rights as a consumer. In the unlikely event that the Affiliate fails to honour the Benefits in the Member Guide, the Member should contact Perfect4U Customer Service Department.
Perfect4U shall not be held responsible for the suitability or otherwise of the products or services offered by Affiliates. Any dispute must be settled direct with the Affiliate concerned.
All notices given by the Member must be given to Perfect4U Limited at Hadfield House, Library Street, Gibraltar. Perfect4U may give notice to the Member at either the e-mail or postal address he or she you provides when making the application for membership. Notice will be deemed received and properly served immediately when posted on the Perfect4U website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Perfect4U will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these terms and conditions that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
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.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
Perfect4U’s performance under any these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and Perfect4U will have an extension of time for performance for the duration of that period. Perfect4U will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these terms and conditions may be performed despite the Force Majeure Event.
If Perfect4U fail, at any time to insist upon strict performance of any of the Member’s obligations under these terms and conditions, or if Perfect4U fail to exercise any of the rights or remedies to which it is entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve the Member from compliance with such obligations. A waiver by Perfect4U of any default shall not constitute a waiver of any subsequent default. No waiver by Perfect4U of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to the Member in writing.
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between the parties in relation to the Membership and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
Perfect4U may revise and amend these terms and conditions from time to time. The Member will be subject to the terms and conditions in force at the time that of purchase of his or her membership, unless any change to these terms and conditions is required to be made by law or governmental authority or if Perfect4U notify the Member of the change to these terms and conditions in which case Perfect4U shall be entitled to assume that the Member has accepted the change to the terms and conditions, unless the Member notifies Perfect4U to the contrary within seven working days of receipt by the Member of notice of the change of terms and conditions.
Except for Perfect4U Affiliates, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from the Act.
Perfect4U operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If a Member has a complaint he or she should contact the Customer Service Department at the following address: Hadfield House, Library Street, Gibraltar.
These terms and conditions are governed by English law. Any dispute arising from, or related to, these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
