1.1 Company details. Zingela Club Limited (company number 127616) (“we” and “us”) is a company registered in Jersey. We operate the website www.zingela.club.
1.2 Contacting us. To contact us e-mail [email protected]. How to give us formal notice of any matter under the Contract is set out in Clause 17.2.
2.1 Our contract. These terms and conditions (“Terms”) apply to the application by you and the supply of the Zingela Club Membership by us to you (“Contract”). They apply to the exclusion of any other terms that you seek to impose or incorporate.
2.2 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.3 Language. These Terms and the Contract are made only in the English language.
2.4 Your copy. You should print a copy of these Terms or save them to your computer for future reference.
3.1 Making your application for a Zingela Club Membership. Please follow the onscreen prompts to make your application. You may only submit an application using the method set out on the site. The application by you to obtain and use a Zingela Club Membership (“Membership”) is subject to those Terms.
3.2 Correcting input errors. Our application process allows you to check and amend any errors before submitting your application to us. Please check the application carefully before confirming it. You are responsible for ensuring that your application is complete and accurate.
3.3 Acknowledging receipt of your application. Once you have downloaded the App from either the App Store or Google Play and joined Zingela Club as a member, your payment will be processed and a membership number issued. We will send an acceptance to your preferred email address asking you to activate your membership. This may take a few minutes to arrive.
3.4 Accepting your membership. Once you have received the Activation email from us your membership is not valid until you click on the Activate Card link, at which point and on which date ("Commencement Date") the contract between you and us will come into existence. You must activate the card via the email we send.
3.5 If we cannot accept your application. If we are unable to supply you with an active membership card for any reason we will inform you of this by email and we will not process your application. If you have already paid for a membership we will refund you in full.
3.6 Once you have downloaded the app correctly and linked your membership number with the Membership card you are able to access any reward using the App on your phone. If you have problems downloading the App, contact [email protected] so we can help you.
3.7 Payment via your preferred App platform will be automatically made to the user's account on a monthly or annually basis depending on the payment plan you have selected, unless cancelled by the member. Once your payment plan is cancelled or rejected the membership card is inactive.
3.8 A valid membership will give you automatic access to all rewards, events and prizes available with a general membership. On occasions we may offer a reward, prize or event that will only be available to a selected Corporate member.
3.9 Updates to the App will occur automatically, at the discretion of Zingela Club Directors.
4.1 Withdrawal. We withhold the right, at our absolute discretion, to end your membership at any time.
5.1 Offer Descriptions and Illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an approximate idea of the Goods and/or Services provided by third parties who make the offers (“Offers”) described in them. They do not form part of the Contract or have any contractual force.
5.2 Goods and Services. We will not be responsible for any costs or losses you obtain or incur arising directly or indirectly from your use of the Membership Card and/or goods and/or services provided by third parties.
5.3 Changes to Membership Contract. We reserve the right to amend the terms of this Contract if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Offers.
6.1 It is your responsibility to ensure that:
(a) the details provided in your application are complete and accurate;
(b) you cooperate with us in all matters relating to a membership;
(c) you provide us with such information and materials that we may reasonably require in order to supply the membership, and ensure that such information is complete and accurate in all material respects;
(d) the Membership is not used to accept an Offer by any other party, unless you authorise such use, either in writing or in person.
7.1 If our ability to provide a membership is prevented or delayed by any failure by you to fulfill any obligation listed in Clause 6 ("Your Default"):
(a) we will be entitled to suspend use of the membership until you remedy Your Default. In certain circumstances Your Default may entitle us to terminate the contract under Clause 15 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to provide you with a valid membership; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
8.1 In consideration of us providing a membership, you must pay our initial monthly or annual fees ("Fees") in accordance with these terms.
8.2 The Fees are quoted on our site and the Fees may change from time to time.
8.3 We take reasonable care to ensure that the Offers stated are correct at the time when the relevant information was entered into the system.
8.4 Offers may change from time to time.
9.1 The Monthly Payments (or part thereof) that you hold a membership are payable every 30 days of the Confirmation ("Monthly Payment"). Payment is made directly through your preferred App platform provider (App Store or Google Play).
9.3 The Annual Payments (or part thereof) that you hold a membership are payable every 365 days of the Confirmation ("Annual Payment"). Payment is made directly through your preferred App platform provider (App Store or Google Play).
9.4 The Zingela CLub App will notify the member (only if notification settings are active) when an active plan is due for renewal.
9.5 Membership Plan payments will be applied as set by the user with their preferred App platform provider.
10.1 All intellectual property rights in or arising out of or in connection with the Card will be owned by us.
11.1 We will use any personal information you provide to us to:
(a) process your payment of the Fees;
(b) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us; and
(c) confirming your membership with third parties providing goods and/or services in relation to an Offer.
11.2 [Further details of how we will process personal information are set out in our Privacy Policy.]
12.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section the Supply of Goods and Services (Jersey) Law 2009.
12.2 Subject to Clause 12.1, we will not be liable to you, whether in contract, tort (including negligence), for any losses, damages, fees and expenses whatsoever arising under or in connection with any Offer or the goods and/or services provided by third parties.
12.3 Subject to Clause 12.2, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to £50.
12.4 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 6 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
12.5 This Clause 12 will survive termination of the Contract.
13.1 We each undertake that we will not at any time disclose to any person any confidential information except as permitted by Clause 13.2.
13.2 We each may disclose confidential information:
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.
14.1 Without limiting any of our other rights, we may suspend the use of membership, or terminate the Contract with immediate effect by giving written notice to you if:
14.2 Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.
14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.
16.3 A notice or other communication is deemed to have been received:
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
17.1 We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
17.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
17.6 Governing law and jurisdiction. The Contract is governed by Jersey law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Jersey courts.
