| 1. |
Definition and Interpretation |
| 1.1 |
In these Rules the following terms and references shall have the following meaning:
"Annual Membership Fee"
means the fee payable by Members to the Club, by way of annual subscription to the Club, in accordance with Clause 7;
"Applicant"
means an individual who makes an application to the Club for membership via the Website;
"Classic Member"
means membership granted to an Applicant whose application is received by the Club from 1 January 2008 onwards;
"Classic Membership"
means membership benefits for individuals including a welcome email, car checks, online motoring helpdesk, moneysaving offers and a members only forum;
"Club"
means "FOXY Lady Drivers Club", a trading name of FOXY Drivers Limited, a company registered in England and Wales (number 5071266), whose registered office is at The Courtyard, Beeding Court, Steyning, West Sussex BN44 3TN;
"Club Board"
means the Board of Directors of FOXY Drivers Limited, from time to time;
"Enrolment Date"
means the date a Member joins the Club, pays the Annual Membership Fee and subsequently becomes a Member of the Club;
"Family Member"
means membership granted to nominated members of a VIP Member's family, whose application is received by the Club from 1 January 2008 onwards;
"Family Membership"
means membership benefits for a maximum of four family members including a welcome email, car checks, online motoring helpdesk, moneysaving offers and a members only forum;
"Founder Member"
means membership granted to an Applicant whose application was received by the Club prior to 31 December 2005 and who has remained a Member thereafter;
"FOXY Exchange"
means the ‘For Sale’ online service for motor-related items within the Website Forum;
"FOXY HQ"
means the headquarters of the Club, at 35 Goring Road, Steyning, West Sussex, BN44 3GF;
"Honorary Members"
means membership granted to an Applicant at the discretion of the Club Board that may be conferred to Regular Members who have rendered special assistance to the Club throughout their membership period;
"Joining Fee"
means the fee payable when a new Member joins the Club, in accordance with Clause 7;
"Members area"
means the section of the Website, including the Forum, which is accessible to Members only using the password issued to Members when they become a Member of the Club;
"Online Member"
means membership granted to an Applicant whose application is received by the
Club from 1 January 2008 onwards;
"Online Membership"
means membership benefits including a welcome email, car checks, online motoring helpdesk, moneysaving offers and a members only forum;
"Proprietor"
means FOXY Drivers Limited (company registered number 5071266) whose registered office is at The Courtyard, Beeding Court, Steyning, West Sussex BN44 3TN;
"Renewal Date"
means the date upon which the membership to the Club is due for renewal by the Member;
"Secretary"
means the Secretary of the Club, whose address is at FOXY HQ;
"VIP Member"
means membership granted to an Applicant whose application is received by the Club from 1 January 2008 onward;
"VIP Membership"
means membership benefits for a maximum of four family members including a welcome email, car checks, online motoring helpdesk, moneysaving offers and a members only forum;
"Website"
means the Club website at: www.foxyladydrivers.com. |
| 1.2 |
The headings in these Rules are for ease of reference only and are not to be taken into account in their interpretation. |
2. |
Name |
| 2.1 |
The name of the Club is “FOXY Lady Drivers Club”. |
3. |
Objects |
| 3.1 |
The objects of the Club are: |
| 3.1.1 |
to improve the motoring experience for women drivers in the UK; |
| 3.1.2 |
to provide independent and female focused motoring advice, information, support and services; |
| 3.1.3 |
to maintain a database of female-friendly, leading and best value motoring services within the UK. |
| 3.1.4 |
to raise awareness levels of best practice within the UK retail motor industry. |
4. |
Women Only |
| 4.1 |
Whilst only females can apply to join the Club, their VIP membership can be extended to a maximum of three additional Family Members who can be men. |
5. |
The Club
|
| 5.1 |
The Club is a proprietary club owned by the Proprietor. |
| 5.2 |
The Proprietor is responsible for providing the Club with all necessary benefits and services for carrying on the Club in
accordance with these objects and Rules. |
| 5.3 |
The Members of the Club are under no financial liability by reason of their membership to the Club, save the Annual
Membership Fee which is determined by the Proprietor. |
6. |
Officers |
| 6.1 |
The Officers of the Club are the Club Board and the Secretary. |
| 6.2 |
The Officers of the Club are appointed by the Proprietor, who may remove any Officer from his office at any time. |
| 6.3 |
The Secretary shall conduct the correspondence of the Club. Any queries regarding matters relating to the Club should be
referred to the Secretary at the FOXY HQ address above. |
7. |
Membership |
| 7.1 |
The Club members jointly consist of Classic Members, Family Members, Founder Members, Honorary Members and VIP Members, together the “Members”. |
| 7.2 |
Membership is valid for 12 months from the month of enrolment unless otherwise stated. |
| 7.3 |
The Annual Membership Fee is as stated on the Website, from time to time in force. Honorary Members are not required to pay an Annual Membership
Fee. |
| 7.4 |
New Members may be required to pay a one-off Joining Fee (as stated in the Application Pack or on the Website, from time to
time in force), in addition to the Annual Membership Fee. |
| 7.5 |
The Annual Membership Fee is due when a Member enrols with the Club
and subsequently each year on the anniversary of the Member’s Enrolment Date.
If the Annual Membership Fee remains unpaid by the due Renewal Date, Membership will expire on that date. |
| 7.6 |
The Club will email members to invite their Membership Renewal prior to the Renewal Date. |
| 7.7 |
Founder Membership status ceases when a Founder Member ceases to be a Member of the Club. If a Founder Member
ceases to be a Member of the Club and rejoins the Club at a later date, she will not be entitled to reclaim ‘Founder Member’ status. |
| 7.8 |
Acceptance of Members to the Club is at the sole discretion of the Proprietor. The Club Board has the right to withdraw,
refuse or decline any Membership. |
| 7.9 |
If a Member resigns her Membership to the Club and at a later date submits a new Application for Membership to the Club,
she will be treated as a new Member and will be subject to payment of any Joining Fee, together with an Annual Membership Fee.
She will also be issued with a new Membership number. |
| 7.10 |
The Club Board reserves the right to expel any Member. |
| 7.11 |
When an accepted Applicant has paid her first Annual Membership Fee and has been enrolled with the Club and has
received Membership Welcome Email, she is a Member of the Club and entitled to all the privileges and benefits of
membership and is deemed to have agreed to be bound by these Rules. |
| 7.12 |
Once a Member has been accepted to the Club, she will be issued with a password to allow
access to the Members area of the Website. |
8. |
Termination of Membership |
| 8.1 |
A Member may resign her Membership at any time in writing delivered to the Secretary at the FOXY HQ address,
specifying when the resignation is to take effect. A resigning Member is liable for her Annual Membership Fee for the year during
which she resigns and will not be entitled to a refund of any Annual Membership Fee paid. A resigning Member forfeits all the
rights, privileges and benefits of Membership forthwith upon her resignation. |
| 8.2 |
The Proprietor may expel any Member from the Club (or suspend her Membership for a specific period), whose conduct, in
the sole opinion of the Proprietor, might be injurious to the character or interest of the Club or bring the Club into disrepute. |
| 8.3 |
Before a Member is expelled or suspended, the Member’s alleged conduct must be inquired into and the Member involved
must be given the opportunity to defend herself and to justify or explain her behaviour. |
| 8.4 |
Once an inquiry has been made into the events, if the Proprietor is of the opinion that the Member is guilty of such
conduct that would be injurious to the character or interest of the Club or bring the Club into disrepute and has failed to justify or
explain such events satisfactorily, the Proprietor may either expel or suspend the Member at its discretion. |
| 8.5 |
Once a Member has been expelled she forfeits all the rights, privileges and benefits of Membership and is not entitled to
any refund of her Annual Membership Fee. |
9. |
Liability |
| 9.1 |
The Club provides Members with independent motoring related advice when required and makes information available
relating to relevant motoring services, as detailed in the Welcome Pack. The Club does not accept any liability for any loss or
damage arising out of any advice given or use of such information provided. |
| 9.2 |
Any information, motoring recommendations and/or personal opinion expressed by other Members or otherwise provided
on the Website is intended for Members’ guidance only and the Club does not accept any liability for the accuracy of any
information provided or exchanged. Members should always seek a qualified opinion and rely on their own enquiries. |
| 9.3 |
Where Membership benefits and services are provided by a third party, the Club acts as an intermediary only and does not
warrant the accuracy or level of service or benefit provided by that third party. The Club does not accept any liability for the level
of service or benefits provided to Members by a third party. |
| 9.4 |
The Club is not liable to Members or any third party for any indirect or consequential loss or damage, or for any loss of
data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of these Rules or otherwise). |
| 9.5 |
The Club will not be liable for any failure to perform its obligations under these Rules caused by matters beyond its
reasonable control. |
| 9.6 |
The aggregate liability of the Club under these Rules (whether arising in negligence or otherwise) will not under any
circumstances exceed the sum payable by a Member by way of their Annual Membership Fee, regardless of the cause or form of
action. |
| 9.7 |
For clarification purposes, the Club does not exclude liability for death or personal injury caused by its own negligence or
for the Club’s fraudulent misrepresentation. |
10. |
Website |
| 10.1 |
Where a Member provides a statement, comment, opinion or other information and places this on the Website, the Club
does not accept any liability for such statements, comments and/or opinions and such a Member is entirely responsible for all
content uploaded, posted or emailed via the Website by them. Under no circumstances will the Club be liable in any way for
information placed on the Website by Members, including (without limitation) any errors or omissions in any content, or for any loss
or damage of any kind incurred as a result of anyone’s use of such content. A Member agrees that they must evaluate and bear all
risks associated with the use of any content including any reliance on its accuracy or completeness. |
| 10.2 |
The Club reserves the right to suspend or terminate any Member’s access to the
Members area of the Website, or parts of it, and/or to edit material posted on the Website Forum,
if the relevant Member or material appears to the Club to be in breach of any provision of the
Rules. The Club will remove a Member’s access to the Members area of the Website
immediately if her Membership has been suspended or terminated. |
| 10.3 |
Members are responsible for everything which they do on or through the Website. |
| 10.4 |
The Website is intended to be used by Members only and Members must not: |
| 10.4.1 |
place material on, or otherwise use, the Website for any business or commercial purpose; |
| 10.4.2 |
use access to the Website, or information gathered from it, for the sending of unsolicited bulk email (sometimes
known as ‘SPAM’); or |
| 10.4.3 |
provide non-members with her access password to Members areas of the
Website. |
| 10.5 |
When placing advertisements on FOXY Exchange, Members agree not to place anything on the Website which could be
hazardous, unsafe or not of satisfactory quality. Members may place a photograph of the item, together with a description of the
item, on FOXY Exchange. Members may place up to a maximum of three adverts per Member on FOXY Exchange at any one time.
The Club will not be liable for any transaction conducted via FOXY Exchange and reserves the right to remove any advertisement
that in the sole opinion of the Club is deemed to be adverse to the best interests of the Club and/or its Members or which is out of
date. |
| 10.6 |
By accepting these Rules, a Member agrees not to place anything on the Website or make any communication in
connection with the Website that could be considered derogatory, slanderous, libellous, blasphemous, pornographic, false,
unreliable, misleading or offensive by any user of the Website or Member or Officer of the Club. |
| 10.7 |
If a Member sees anything on the Website which appears to infringe these Rules, then please contact the Secretary
immediately. |
| 10.8 |
Each Member acknowledges that the Club is entitled to withdraw any material on the Website which appears, whether
based on information received from Members or others, on the Club’s own determination to be capable of breaching any part of
these Rules, or to bring the Club into disrepute. |
| 10.9 |
The Club has no control over or responsibility for the truth or accuracy of any material available on the Website, whether
provided by Members or others. If any third party sites are linked to from the Website, this does not mean that the Club endorses
or has any responsibility for the site in question or anything which appears on it. Even though Members are prohibited from doing
so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Furthermore, you
should note that people may not necessarily be who they say they are. Members use of the Website is entirely at their own risk.
Accordingly, to the extent that the law permits, the Club and Proprietor exclude all liability arising out of or in connection with the
Website and the material included by Members and third parties. |
| 10.10 |
A Member agrees to indemnify, and keep indemnified, the Club from and against all losses, claims, damages, costs,
liabilities, proceedings and actions which the Club may sustain or incur or which may be brought or established against it by any
person and which in any case arises out of in relation to or by reason of any statement, comment, opinion or information entered
on the Website by that Member. |
11. |
Disputes and Suggestions |
| 11.1 |
Any disputes or complaints relating to matters affecting the Club’s Membership should be directed to the Secretary at the
FOXY HQ address, in writing, within 14 days of the dispute or complaint arising. The Club aims to deal with all complaints and
disputes within one month of receiving full written details. |
| 11.2 |
Any dispute that may arise as to the meaning or interpretation of these Rules or the governance of the Club, shall be
determined by the Proprietor. |
| 11.3 |
The Club welcomes any suggestions a Member may have relating to the benefits and entitlements of Members and the
Club Rules and any such suggestions should be directed to the Secretary at the FOXY HQ address. |
12. |
Intellectual Property |
| 12.1 |
Members acknowledge that all copyright, trade marks and other intellectual property rights in and relating to the Website
and other materials and communications of the Club (including the material contributed by Members) are owned by the Club. No one
may copy, distribute, show in public or create any derivative work from the Website, or any of the material which is found on
the Website unless the Club provides explicit written consent. |
13. |
Amendment of Rules |
| 13.1 |
These Rules or any of them may from time to time be revoked, supplemented or altered by the Club Board passing a
resolution at General Meeting. |
14. |
Dissolution |
| 14.1 |
The Club may be dissolved by the Proprietor at any time. |
15. |
Law and Jurisdiction |
| 15.1 |
These Rules shall be governed by and controlled in accordance with the laws of England and Wales. The Club and
Members agree to irrevocably submit to the exclusive jurisdiction of the English Courts. |
