Terms & Conditions: Membership.
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A. to the provision of the Membership Services (as defined below) by WE ARE CARRIED LIMITED, a company registered in England under number 11107338 whose registered office is at Foresters Hall, 25-27 Westow Street, London, England, SE19 3RY (“Gathered”); and
B. where the client is a “Consumer” as defined by the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business”
means any business, trade, craft, or profession carried on by you or any other person/organisation;
“Consumer”
means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual client of Gathered who uses the Membership Services for the client’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Gathered /we/us/our”
means We Are Carried Limited, whose contact address is the same address as above and includes all staff (employees, contractors and agents) of We Are Carried Limited;
“Gathered Guidelines”
means the guidelines setting out the acceptable standards of participation and behaviour for Members, available from our Website;
“Gathering(s)”
means a session or sessions of our regular, weekly, conversational group and any materials or other information related thereto;
“Member”
means a client of Gathered who signs up for the Membership Services who is a “Consumer” and whose application for Membership has been accepted, and he/she will be a Member thereafter for as long as he/she remains a Member as provided by these Terms and Conditions, and “Membership” means membership of Gathered;
“Members’ Hub”
means the members’ area of Gathered which is provided through Mighty Network;
“Membership Fee(s)”
means the fees for Membership for each of the different types of subscription offered by us, as set out on our Website (as updated from time to time) which vary in accordance with the type of Membership selected by you;
“Membership Services”
means the Membership services that we provide to you for each of the Membership types which vary in accordance with the type of Membership selected by you, including, all facilities, services, equipment, and other goods and materials which we provide/use in connection with your Membership. Further details of the services are set out on our Website;
“Mighty Network”
means an online platform that Gathered uses to connect its Members through an app;
“Policies”
means the Gathered Guidelines that apply to your Membership, as amended from time to time;
“Registration Form”
means the registration form that we provide to you online to sign up to become a Member;
“Regulations”
means The Consumer contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Website”
means the website owned and operated by Gathered, accessible from: https://www.gather-ed.co.uk; and
“you/your”
means an individual who applies to become a Member of Gathered, and as the context allows, also means that person once accepted as a Member and as a client of Gathered.
1.2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1. “these Terms and Conditions” is a reference to these Terms and Conditions; and
1.2.2. a condition is a reference to a condition of these Terms and Conditions;
1.3. The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions;
1.4. Words signifying the singular number shall include the plural and vice versa; and
1.5. References to any gender shall include the other gender.
2. Registration, Application for Membership, and Membership
2.1. You must be a Member to access the Membership Services. You may apply to become a Member by completing the Registration Form.
2.2. You select the level of Membership required as displayed on our booking page on our Website at: www.gather-ed.co.uk. Then after completing the Booking Form, you are provided with the opportunity to view and read the Terms and Conditions. If you accept the Terms and Conditions and are happy to proceed to become a Member, you should check the box to confirm that you accept and consent to the Terms and Conditions. As you will also have the opportunity to take part in Gatherings as part of your Membership, you must also accept the Terms and Conditions of Booking
2.3. The details that you provide and confirm in the Registration Form must be complete, accurate and correct, including your confirmation that you agree to these Terms and Conditions.
2.4. You will become a Member of Gathered once the confirmation page is displayed to you and you receive our email confirmation, and such confirmation is subject to:
2.4.1. our receipt and acceptance of your Registration Form; and
2.4.2. your payment of the Membership Fee, as applicable and as selected by you.
2.5. Our decision whether or not to accept your Registration Form is in our absolute discretion.
2.6. The contract is formed between you and us on the date you receive our email confirmation in accordance with condition 2.4 and the contract comprises of these Terms and Conditions, your Registration Form and the Policies.
2.7. When you register to become a Member, you can choose to set up an account with the platform we use to facilitate and process Memberships (“Acuity”).
2.8. Your Membership includes access to our Members’ Hub and your email confirmation will include instructions on how to download and log into the Mighty Network app. If you choose to join our Members’ Hub you will also receive a separate invitation via email which contains details on how to join.
2.9. We reserve the right to expel you from Gathered and/or to withdraw or refuse to renew your Membership, or suspend it for a specific period, if your conduct is, in our reasonable opinion, unacceptable, or is or may be, in our reasonable opinion, harmful to the reputation of Gathered or if it amounts to your breach of these Terms and Conditions or where, in our reasonable opinion, such expulsion, withdrawal or refusal to renew your Membership, is otherwise in the interests of the other Members of Gathered. If we expel you, you will then cease to be a Member of Gathered and you will not be entitled to any refund of any part of your Membership Fee for any withdrawn or suspended period of Membership.
2.10. You also agree to: (a) provide true, accurate, current and complete information about you, as prompted by the Registration Form (the “Registration Data”); and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gathered reserves the right to suspend or terminate your account and refuse any and all current or future use of the Membership Services (or any portion thereof) at any time.
2.11. You acknowledge, consent and agree that Gathered may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with a legal process; (b) enforce this contract; (c) respond to claims that any Membership Services infringes the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Gathered, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.
2.12. You may not transfer or loan your Membership to any third-party. If you do so, we reserve the right to terminate your Membership immediately without providing you with a refund.
3. Cancellation, Upgrades and Downgrades
3.1. You may for any reason cancel your Membership during the 14 day period after the date you become a Member provided that you do not access or use the Membership Services during that 14 day period.
3.2. If you cancel as allowed by condition 3.1, and you have already paid the Membership Fee, we will refund the payment(s) to you within 14 days of receiving your cancellation notice.
3.3. If you access or use the Membership Services prior to the end of that 14 day period, you may not cancel that month’s Membership but you may cancel your membership prior to the next monthly Membership Fee becoming due.
3.4. Your Membership is a rolling monthly contract with us. You may cancel your Membership by emailing us not less than two weeks prior to the date for payment of your next Membership Fee. You must ensure you cancel your Membership two weeks prior to the next payment date, otherwise you will be charged for the next month’s Membership Fee.
3.5. Your Membership will automatically terminate on the date that you cancel your Membership.
3.6. When you cancel your Membership, you will be removed from any applicable WhatsApp groups and the Members’ Hub.
3.7. You may upgrade your Membership to our other option by emailing us to inform us not less than two weeks prior to the date for payment of your next Membership Fee. We then add a pro-rata uplift in the Membership Fee (according to the upgrade selected) for that month and then payments of the upgraded Membership Fees will be increased by us from the following month going forward. We will send you a new contract for the upgraded Membership option which you must accept in order to upgrade.
3.8. You may downgrade your Membership to our other option by emailing us to inform us not less than two weeks prior to the date for payment of your next Membership Fee. You must ensure that you downgrade your Membership two weeks prior to the next payment date, otherwise you will be charged at your original Membership Fee amount. Payments of the downgraded Membership Fees will be decreased by us from the following month going forward. We will send you a new contract for the downgraded Membership option which you must accept in order to downgrade.
3.9. If, for any reason, your payment fails, we will contact you by email to ask you to amend your payment details in order to progress with your Membership. If we do not receive a response to our email within 7 days, we will assume your Membership has been cancelled intentionally by you and we will not progress your Membership. You can, of course, reapply for Membership at any time.
3.10. If you have booked any consultations or workshops using your Membership but these take place after the termination date of your Membership, you will be liable to pay us the full price for such consultation or workshop.
4. Fees and Payment
4.1. You may pay us the Membership Fee using any of the following methods:
4.1.1. using our online payment method provided by Stripe; or
4.1.2. using one of our gift vouchers.
4.2. When you pay the Membership Fee, you will initially be charged at the rate applicable at the time of your agreement to become a Member. If we later increase the price of the Membership Fee, we will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due date.
4.3. There is no VAT payable in addition to the Membership Fee.
4.4. We use Stripe to process your online payments. Further details about Stripe are available here: https://stripe.com
5. Eligibility for Membership
5.1. We only make Membership available to a “Consumer” (as defined in condition 1.1 above), and your application to become a Member will be deemed to be your confirmation that you will be a “Consumer” in connection with any request(s) by you to receive access to the Membership Services.
5.2. If at any time we find that you are not a “Consumer”, we may, without liability to you, cancel your Membership forthwith by giving you a cancellation notice provided that where you have paid a Membership Fee for a period which extends beyond the date of that cancellation, we will refund you pro rata for the period after cancellation a portion of the Membership Fee you paid to us for the total period of Membership.
5.3. We will not accept you as a Member or provide any Membership Services to you unless you are aged 18 or over.
6. The Membership Services
6.1. The Membership Services offered as part of Membership, such as events and walks, can be booked directly with us and details of how to book will be provided to you as part of the Membership registration process.
6.2. We provide links to podcasts, audio content and other content and tutorials which are available to our Members from our Website and Members’ Hub.
7. Membership Services and Intellectual Property Rights
7.1. The Membership Services are provided to you “AS IS” for your information and personal use only.
7.2. The Membership Services and all names, logos, trade marks, images, text, columns, graphics, videos, tutorials, content, photographs, illustrations, documents, articles, artwork, software and other elements (collectively, the “Material”) are protected by copyright, trade marks and/or other intellectual property rights owned and controlled by Gathered or by third parties that have licensed or otherwise provided their material to Gathered. You acknowledge and agree that all Materials are made available for limited, non-commercial, personal use only.
7.3. Subject to your compliance with these Terms and Conditions and solely for so long as you are permitted by us to access and use the Membership Services, Gathered grants you a limited, non-transferable, non-exclusive, revocable right and licence to access and use the Membership Services for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This licence includes the right to view Membership Services available in the Members’ Hub for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This licence will remain in effect unless and until you breach these Terms and Conditions or the Membership is terminated by you or Gathered.
7.4. Except as specifically provided herein or elsewhere on the Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Gathered’s prior express written permission.
7.5. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Material or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
7.6. Gathered reserves all rights not expressly granted in and to the Membership Services.
7.7. Gathered reserves the right in its sole discretion to immediately suspend and/or terminate access to the Membership Services by any user who has infringed or who is alleged to have infringed the intellectual property rights of Gathered or of a third party, or otherwise breached any intellectual property laws or regulations.
8. Events Beyond our Reasonable Control
8.1. We will use reasonable endeavours to mitigate any failure or delay to the Membership Services, by providing alternative arrangements that we will arrange with you directly. Notwithstanding any such mitigating measures, we will not be liable for any failure or delay in performing our obligations under the contract resulting from any cause or event beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control (“Force Majeure Event”).
8.2. If any event described under condition 8.1 occurs that is likely to adversely affect our performance of any obligations under the contract, we will try to inform you as soon as is reasonably possible, our obligations will be suspended and any time limits that we are bound by will be extended accordingly. We will inform you when that event is over and provide details of any new dates, times or availability of the Membership Services as necessary.
9. Limitation of Liability
9.1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions (or the contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract is created. We will not be responsible for any loss or damage that is not foreseeable.
9.2. We provide the Membership Services only for your personal and private use/purposes. We make no warranty or representation in connection with any recommendation to you.
9.3. Nothing in these Terms and Conditions is intended to or will exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
9.4. We will not be responsible or liable if you are unable to access any the Membership Services due to any failure or delay in performing our obligations under the contract resulting from any Force Majeure Event.
9.5. Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of our duties or obligations to you, or your rights or remedies, or our liability to you, under:
9.5.1.the Consumer Rights Act 2015;
9.5.2.the Regulations;
9.5.3.the Consumer Protection Act 1987; or
9.5.4.any other consumer protection legislation,
as that legislation is amended from time to time.
9.6. For more details of your legal rights, please refer to your local Citizens’ Advice Bureau or Trading Standard Office.
10. Gathered’s Disclaimers
10.1. You acknowledge and agree:
10.1.1. that the Membership Services are in no way to be construed as psychological counselling or therapy nor are they a substitute for professional mental health care, midwifery care or other medical care and are not intended to diagnose, treat or cure any mental health or medical conditions;
10.1.2. our team are not acting as mental health counsellors, midwives or any other medical professional;
10.1.3. that if you have any concerns about the health or mental health of you or you baby, you should contact your Health Visitor, GP, Midwife, Paediatrician, or a relevant Mental Health care professional;
10.1.4. that we are not responsible or liable for any distress or discomfort you experience due to any conversations you take part in or overhear during the Membership Services. If you are affected by those conversations, you should contact your Health Visitor, GP, Midwife or a relevant Mental Health care professional. We can also provide details of relevant charities or support groups who may be able to advise and help you;
10.1.5. that neither we or our team are responsible for the content, accuracy or validity of the views and opinions expressed and shared by the other participants in the Membership Services and that those views are expressed solely by that particular participant;
10.1.6. not to, during the Membership Services, intentionally make statements or comments that are or are likely to be, discriminatory, hateful, false, inaccurate, threatening, defamatory, abusive, obscene, indecent, seditious, offensive, pornographic, harassing, profane, sexually oriented, invasive of a person's privacy, liable to incite racial hatred, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, or which otherwise constitute a breach of any relevant law or a breach of the Policies;
10.1.7. not to disclose any information in the Membership Services that you would not be comfortable being disclosed publicly, as we cannot guarantee the confidentiality of your Confidential Information; and
10.1.8. any podcasts, audio content and other content and tutorials or recommendations provided by us are for information purposes only and such content and/or recommendations do not constitute medical or health advice for you or your baby.
11. Confidentiality
11.1. We cannot ensure the total privacy or confidentiality of your Confidential Information due to the nature of our Membership Services which may involve other participants as well as you.
11.2. Except with the prior consent of the participant concerned, you may not disclose any names or personal details of or the specifics of any conversations that take place during any of the Membership Services that provide for a group setting or discussion.
12. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving you notice, but we will use our reasonable endeavours to inform you as soon as is reasonably possible of any such change.
13. How we Use your Personal Information (Data Protection)
We will only use your personal data in accordance with our Privacy Policy available from: www.gather-ed.co.uk/privacy
14. Regulations
We are required by the Regulations to ensure that certain information is given or made available to you as a Consumer before the contract is formed with you (i.e. before we accept your request to become a Member) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for you to see now, or we will make it available to you before we accept your request to become a Member. All of that information will, as required by the Regulations, be part of the terms of our contract with you as a Consumer.
15. Information
15.1. As required by the Regulations:
15.1.1. all of the information described in condition 14; and
15.1.2. any other information which we give to you about Gathered which you take into account when deciding to become a Member or when making any other decision about the Membership Services;
will be part of the terms of our contract with you as a Consumer.
16. Complaints
16.1. We always welcome feedback from our Members and, whilst we always use all reasonable endeavours to ensure that your experience as a Member of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
16.2. If you wish to complain about any aspect of your dealings with us, please contact us by email to: hello@gather-ed.co.uk.
17. Other Important Terms
17.1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions (and the contract) will not be affected and our obligations under these Terms and Conditions (and the contract) will be transferred to the third party who will remain bound by them.
17.2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the contract) without our express written permission.
17.3. The contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4. If a court or other authority finds that any part(s) of these Terms and Conditions are unlawful, the remaining parts will remain in full force and effect.
17.5. If we fail to take steps or delay in taking steps to enforce any of our rights against you under these Terms and Conditions, that will not prevent us doing so at a later date, for example our right to require you to make any payment which has become payable under the contract.
17.6. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms and Conditions as they relate to your Membership, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them.
18. Dispute Resolution
18.1. We will try to resolve any disputes with you quickly and efficiently.
18.2. If you are unhappy with:
18.2.1. the Membership Services;
18.2.2. our service to you generally; or
18.2.3. any other matter,
please contact us as soon as possible.
18.3. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
18.3.1. let you know that we cannot settle the dispute with you; and
18.3.2. we may recommend that we use an online dispute resolution (ODR) platform to resolve the dispute.
19. Law and Jurisdiction
19.1. These Terms and Conditions, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.
19.2. As a consumer you will benefit from any mandatory provisions of the law in your country of residence. Nothing in condition 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3. As a consumer, any dispute, controversy, proceedings or claim between you and us relating to the contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.