Club Rules
FOXY LADY DRIVERS CLUB
Rules of Club Membership
| 1. | Definition and Interpretation |
| 1.1 | In these Rules the following terms and references shall have the following meaning: "Applicant" means an individual who makes an application to the Club for membership via the Website; "Annual Member" means annual membership which was discontinued on 1 January 2016; "Classic Member" means lifetime membership bought via the website; "Online Member" means membership granted to an Applicant whose application was a gift from a FOXY Lady Approved business or FOXY Partner; "Club Benefits" include a minimum of a welcome email, a monthly e-newsletter, preferential car insurance rates, affinity car buying schemes, moneysaving offers, online advice, information and support services; "Club" means FOXY Lady Drivers Club; "Club Board" means the Board of Directors of FOXY Lady Drivers Club; "Enrolment Date" means the date a Member joins the Club, pays the Membership Fee and subsequently becomes a Member of the Club; "FOXY HQ" means the headquarters of the Club, at 3 Greenways, Sandhurst, England, GU47 8PJ; "Honorary Members" means membership granted to an Applicant at the discretion of the Club Board that may be conferred to individuals who have rendered special assistance to the Club throughout their membership period; "Members area" means the section of the Website which is accessible to Members only using the password issued to Members when they become a Member of the Club; "Proprietor" means FOXY Lady Drivers Club Limited, a company limited by guarantee incorporated and registered in England and Wales with company number 08044120 whose registered office is Farrs House, Cowgrove Road, Wimborne, England, BH21 4EL "Secretary" means an appointed individual whose address is at FOXY HQ; "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 businesses, leading and best value motoring services within the UK. |
| 3.1.4 | to raise awareness of female friendly employers within the UK retail motor industry. |
| 3.1.5 | to raise awareness levels of exciting careers for women in the UK motor industry. |
| 3.1.6 | to represent the best interests of women drivers. |
| 3.1.7 | to administer and maintain the FOXY Lady Drivers Club website ("Website") and its online membership. |
4. |
Women Only |
| 4.1 | Whilst only females can apply to join the Club, many membership benefits can be shared with immediate members of the family who live at the same address and 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 | Save as set out in these rules, the Members of the Club are under no financial liability by reason of their membership to the Club. |
| 5.4 | For the avoidance of doubt, Members of the Club will not be Members of the Proprietor within the meaning of section 112 of the Companies Act 2006, save to the extent that this is separately agreed with 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 will conduct the correspondence of the Club. Any queries regarding matters relating to the Club should be referred to FOXY Lady Drivers Club Limited at the FOXY HQ address above. |
7. |
Membership |
| 7.1 | The Club members jointly consist of Annual, Classic, Online and Honorary Members, together the “Members”. |
| 7.2 | To maintain their Classic subscription Members are required to renew this via email and when requested, by confirming their email, telephone number, postal address and car details. In the absence of any reply before the stated deadline it will be assumed that a Classic Member wishes her subscription to lapse. If she decides to rejoin the Club at a later stage she will be treated as a new Member and required to pay the current subscription rate, in accordance with the latest Club Rules. |
| 7.3 | Honorary Members may not be required to pay an Annual Membership Fee. |
| 7.4 | Members joining the Club after 1 January 2016 are not required to pay a Joining Fee in addition to their lifetime subscription. |
| 7.5 | Lifetime Membership costs £24 after 1 January 2016. In the event of a Member subsequently resigning or allowing this subscription to lapse there will be no refund allowable. |
| 7.6 | Members are required to confirm any change of email, telephone number, postal address and car details to ensure their FOXY membership benefits. |
| 7.7 | 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. |
| 7.8 | 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 required to join again at whatever the current subscription rate and terms are at the time. She will also be issued with a new Membership number. |
| 7.9 | The Club Board reserves the right to expel any Member. |
| 7.10 | When an accepted Applicant has been enrolled with the Club and has received her Welcome Email or postal pack, 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. |
| 7.11 | 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. |
| 7.12 | All Members shall, for the avoidance of doubt, be members of the Club only and not members of the Proprietor, subject to Rule 5.4. |
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 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 any kind. |
9. |
Liability |
| 9.1 | The Club provides Members with independent motoring related advice when required and makes information available relating to relevant motoring services. 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 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, 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 Members area of the website. |
| 10.4 | The Members area of this 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 | 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. |
| 10.6 | If a Member sees anything on the Website which appears to infringe these Rules, then please contact the Secretary immediately. |
| 10.7 | 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. |
| 10.8 | 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. |
| 10.9 | 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 a 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. |
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as at October 2018
