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Membership Terms

GFINITY MEMBERSHIP TERMS

Membership terms

These terms of membership (membership terms) tell you the terms on which you may subscribe to, and benefit from, the membership services, as detailed at [HERE] (the membership services) of www.gfinity.net (our site).

By subscribing to the membership services, you shall become a member of our site (member) and have access to services and benefits over and above those available to the general public on our site.

Please read the membership terms carefully before you subscribe to the membership services, as these will apply to your use of the membership services. By using the membership services, you confirm that you accept the membership terms and that you agree to comply with them. If you do not agree to the membership terms, you must not use the membership services.

The membership terms incorporate our site’s terms of use (and other applicable terms incorporated therein), which are available at [HERE]. In the event of any conflict between the membership terms and our site’s terms of use in regard to a member’s use of the membership services, the membership terms shall prevail.

2.     Membership eligibility

The following are the eligibility requirements for membership:

  • Members must be at least Thirteen (13) years old
  • Members must pay the subscription fee (as detailed in section 3 ‘Subscription fee’ below)

We may refuse your application for membership at our discretion. If we accept your application for membership we will confirm this by allowing access to the membership services through your username and password. You undertake that all information provided by you for the purpose of registering with us is accurate and complete.

3.     Subscription fee

In order to benefit from membership services, a member must make a payment, which is a paid fixed rate (which may vary from time to time) giving unlimited access to the membership services, as required, for a specified period that can be:

a)     for a month for a fee of €3 per month; or

b)    for a year for a fee of €25 per year,

both automatically renewable after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed on our website and allowing continuing debits to be made (subscription fee).

 

Members can pay their subscription fee either by using a credit card or by other payment methods proposed by our site. The prices and the terms of payment for the subscription fee are displayed at all times on our site, including at the point when a member chooses to pay their subscription fee. The activation of a membership occurs as soon as, or a few moments after payment of the subscription fee.

 

4.     Distance selling regulations

Following a successful application for membership, and subject always to not having downloaded any digital content or otherwise used our membership services, members shall have the right to cancel their membership at any time within the period:

(a)   beginning upon the provision of a username and password; and

(b)   ending at the end of 14 days after the day on which a member is provided with a username and password.

 In order to exercise this right of cancellation, members must inform us of their decision to cancel (no reason is required). Members may inform us by means of any clear statement setting out their decision. Members may also inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for members to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.

 If a member exercises this right of cancellation, they will receive a full refund of the amount paid to us. We will refund money within 14 days using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, members will not incur any fees as a result of the refund.

 Termination of membership shall otherwise be dealt with in accordance with section 7 (Termination of membership).

5.     Use of membership services

Each membership is for a single user only. You may not share your username or password with any other person nor with multiple users on a network.  You may only use the membership services for personal non-commercial use.

You are responsible for the acts or omissions of any third parties who use your membership, whether fraudulent or not. You agree to indemnify us against any claims arising out of unauthorised use of the membership services and/or your username and password. For the avoidance of all doubt; we shall not be liable if your username and password is used by someone else.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the membership terms.

If you feel or suspect that there has been a breach (of any kind) of your membership and/or username and password then you must immediately notify us. Furthermore; you should also amend your password.

6.     Automatic renewal of membership

A member can contact the site at any time to cancel their membership. The cancellation will take effect in accordance with section 7 (Termination of membership) below.

All memberships will be automatically renewed, with a subscription fee charged accordingly, unless a member notifies us of their wish to terminate their membership at least 7 days before the membership's expiration date. The renewal shall be performed in accordance with the manner of payment originally chosen by a member, at the price rate of the membership to which the member originally subscribed (which may vary from time to time). For the avoidance of all doubt members can avoid having their membership automatically renewed if they contact us at least 7 days before their membership expiration date to terminate their membership.

7.     Termination of membership

A member may at any time end their membership by requesting the cessation of membership services. Such request shall be deemed effective from the first working day after receipt by us of the request. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the membership.

Termination of a membership, by a member, shall be effective on the applicable membership's expiration date provided the member has contacted us at least 7 days before their membership expiration date in order to terminate the membership.

Without prejudice to the other provisions hereof, where a member commits a material breach of these membership terms (or, acting reasonably, we have good cause to terminate membership), we may terminate the member's account without prior notification or warning. Such termination shall have the same effects as a termination by the member (as set out in the two paragraphs above) and shall take effect without prejudice to any other remedies available to us against a member.

Members will be informed by email of the termination, or the confirmation of the termination, of their membership.

 

8.     Functionality

We cannot be held responsible for the non-functioning, unavailability or adverse conditions of membership services resulting from incorrect hardware, problems experienced by a member's internet service provider or blockages on the Internet networks or for all other reasons outside our reasonable control.


Under the membership terms, we do not guarantee that the membership services shall function without interruption or error. In particular, the use of our site and the membership services may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform members prior to maintenance work or updates.

9.     Limitation of Liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption; 
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

Our entire liability under or in connection with the membership services whether for negligence, breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the greater of: (a) £1000; and (b) the total subscription fee paid by you to us in the 12 month period prior to the first event leading to the claim.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.  Entire Agreement

The membership terms and the other applicable terms to which the membership terms refer constitute a contract that governs our relationship. They cancel and replace any conditions that may have been agreed to in the past, even if not directly withdrawn or amended, and constitute the entirety of the parties’ rights and obligations.

If any of the provisions of the membership terms is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect.

11.  Amendments

We may revise these membership terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may amend or vary the nature and/or scope of the membership services at any time using this page.  Please check the description of the membership services from time to time to take notice of any changes we made, as they are binding on you. 

12.  Applicable law

These terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.