1. |
vCARE MEMBERSHIP AGREEMENT |
| 1.1 |
By joining the vCare Membership Benefit Plan, you agree to be bound by these terms and conditions. |
| 1.2 |
Our Membership Plans are agreements for a minimum of one calendar year. You can choose monthly / quarterly / yearly payment plan. Your application to us for a Membership agreement is your permission to us to automatically renew your membership agreement for another year until further notice from you. |
| 1.3 |
All benefits are subject to the regular and timely payments of Membership subscriptions. |
| 1.4 |
Your Membership starting date is the date at the top of your Welcome Letter or email, or SMS message, which should be delivered within 7 days after the date of your initial membership application. The subscription rates and discounts for new members may vary from time to time depending upon the level of membership and/or any special offers that may be current at any time given. |
| 1.5 |
To continue improving our services we reserve the right to change these terms and conditions at any time. We shall notify you on our website and/or in writing of all changes made. Other benefits of membership may be added to all or some membership levels at any time. We will give you 30-days notice of any change that could have a material effect on your rights or liabilities to us. If you do not agree with the changes you may contact us and we will cancel your Membership. |
| 1.6 |
We will use our best endeavours to provide all offered benefits but retain absolute discretion as to the provision of any benefit to any member at any time. No offered benefit represents an undertaking or obligation for us to provide such a benefit. |
2. |
MEMBERSHIP BENEFITS |
| 2.1 |
The details of, and terms and conditions relating to, each of the membership benefits are set out in separate schedules as follows: |
| 2.1.1 |
Click here for vCare+ Rewards Card |
| 2.1.2 |
Click here for Qualifying Benefits |
| 2.1.3 |
Click here for Digital Viewing Equipment Repair |
| 2.1.4 |
Further benefits to be added and updated on a regular basis |
| 2.2 |
The terms and conditions set out in the membership benefit schedules apply in addition to the terms and conditions set out in this Membership Agreement. |
3. |
PAYMENT OF MEMBERSHIP FEES |
| 3.1 |
You shall pay Membership fees as agreed according to the Membership benefits which you choose to receive. |
| 3.2 |
All fees are inclusive of VAT if applicable. If the rate of VAT changes, we will adjust the VAT you pay from the date the change takes effect. |
| 3.3 |
Fees are payable by direct debit, or by credit or debit card, monthly or quarterly or yearly in advance. |
| 3.4 |
If paying by direct debit, please note that vCare Saver Club Limited has appointed the BACS Approved Direct Debit Bureau, Eazy Collect Services Limited, to collect your payments. VCare Saver Club will be shown on your bank statement for these direct debit payments. |
| 3.5 |
Click here if you would like to read more about secure payments. |
4. |
CANCELLATION OF YOUR MEMBERSHIP |
| 4.1 |
For your Membership to remain in force, your Membership subscriptions must be paid in keeping with the subscription arrangements that were agreed at the time of joining. |
| 4.2 |
Under the Consumer Protection (The consumer contracts) Regulations 2013, you have the statutory cancellation (cooling off) period of fourteen calendar days from the date of your Membership Welcome letter, or email, or SMS text. After a cooling off period you may cancel your Membership by giving us 30-days notice before the end of the plan renewal period, and the following will apply: |
| 4.2.1 |
if you have received or requested any goods under the terms of your Membership, you must return the goods for a full or partial refund within 14 calendar days at your own postal expense. The refund will be processed within 14 days of receipt of the goods. Please obtain proof of postage. |
| 4.2.2 |
if you have received or requested any services under the terms of your Membership, no refund will be paid and any unpaid balance remaining to the full year Membership will be due and payable prior to cancellation; |
| 4.2.3 |
if you have not requested any goods or services under your Membership terms, your Membership will expire at the end of already pre-paid period. No refund will be offered outside cooling-off period. |
| 4.3 |
You can inform us about cancellation by post, by phone, by email or by filling in an online cancellation form. If you pay for your Membership by direct debit or by standing order, you must also tell your bank to cancel the direct debit or standing order instruction. vCare reserves the right to demand full payment if you cancel your Membership plan when the next payment is due. |
| 4.4 |
We may choose to cancel your Membership by giving you 14 days’ notice in writing to your last known address or email at the end of any subscription period for which a payment has been made , or to cancel any Membership at any time by giving a pro rata refund of any unexpired portion of an outstanding membership. All refunds will be made within 14 days from the date of cancellation. |
| 4.5 |
If you commit fraud or attempt to commit fraud, we will cancel your Membership without any refund. |
| 4.6 |
If we fail to collect payment your Membership will be suspended until alternative payment details have been provided and payment for your Membership has been received. |
5. |
OUR LIABILITY TO YOU |
| 5.1 |
In this clause, we limit our liability to you. |
| 5.2 |
Subject to clause 4.4, our total liability (including for negligence) in connection with this Agreement or in connection with any membership benefit shall not in any event exceed the fees which you have paid to us in the six months before the event giving rise to the claim. |
| 5.3 |
We shall not in any event be responsible for loss or damage that falls into the following categories: |
| 5.3.1 |
Loss or damage which does not arise as a direct consequence of any breach of this Agreement by us or any deliberate or negligent act or omission on our part or on the part of our contractors; or |
| 5.3.2 |
Loss of business, sales, revenue, profits or anticipated savings; or |
| 5.3.3 |
Loss or damage which was not reasonably foreseeable at the date of entering into this Agreement, regardless as to how such loss or damage was caused. |
| 5.4 |
Nothing in this Agreement excludes or limits our liability for: |
| 5.4.1 |
Death or personal injury caused by our negligence; or |
| 5.4.2 |
Fraud or fraudulent misrepresentation. |
6. |
YOUR LIABILITY |
| 6.1 |
You shall reimburse us in full an amount equal to all damages, liabilities, costs, claims and expenses that we may incur as a result of your use of the membership benefits or any breach by you of this Agreement. |
7. |
ASSIGNMENT AND SUB-CONTRACTING |
| 7.1 |
You shall not assign, sub-license, sub-contract or otherwise deal with all or any of your rights and obligations under this Agreement without our prior written consent. |
| 7.2 |
This Agreement shall be binding on your personal representatives, successors and permitted assigns. |
| 7.3 |
We may assign all or any of our rights and obligations under this Agreement and in the event of such assignment shall give notice of it to you. |
| 7.4 |
We may sub-contract the performance of any of our obligations under this Agreement to any third party, but such sub-contracting shall not relieve us of any liability under this Agreement. |
8. |
FORCE MAJEURE |
| 8.1. |
We will not be liable or responsible for any damage or loss, or failure to perform, or delay in performance of, any service that is caused by events outside our reasonable control (including but not limited to) Act of God, flood, earthquake, windstorm or other natural disaster; war, armed conflict, terrorist attack, civil war, civil commotion or riots; nuclear, chemical or biological contamination or sonic boom; any law or government order, rule, regulation or direction, or any action taken by a government or public authority; fire, explosion or accidental damage; extreme adverse weather conditions; interruption or failure of utility service, including but not limited to electric power, gas or water; any labour dispute, including but not limited to strikes, industrial action or lockouts; non-performance or delay by suppliers or subcontractors; and failure of plant machinery, machinery, vehicles, computers, the Internet or telecommunications. |
9. |
NOTICES |
| 9.1 |
Any notice to be given under this Agreement may be delivered or be sent by second class post or may be transmitted by email or SMS message addressed as follows: |
| 9.1.1 |
if to us – to its head office address or email address as stated for the time being on this website; |
| 9.1.2 |
if to you – to the residential address or email address for you which you registered with we or which you last notified to us. |
| 9.2 |
Notice served by post shall be deemed served on the second working day after the date of posting. Notice served by email shall be deemed served on the next working day after the date of transmission. |
10. |
GENERAL |
| 10.1 |
This Agreement together with the other documents referred to in it constitutes the whole agreement and understanding between you and us relating to your vCare membership and benefits. |
| 10.2 |
You acknowledge and agree that, in entering into this Agreement, you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) other than as expressly set out in this Agreement. |
| 10.3 |
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. |
| 10.4 |
If for any reason any provision of this Agreement, or any portion thereof, is found to be unenforceable, the remaining provisions of this Agreement shall continue to be valid to the fullest extent permitted by law. |
| 10.5 |
This Agreement is not intended to benefit anyone other than the parties to it and, in particular, none of the terms of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party. |
| 10.6 |
This Agreement is governed by English Law and both parties submit to the non-exclusive jurisdiction of the English Courts. |
