Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Chosen Club Pty Ltd (ChosenClub) website located at www.thechosenclub.com and www.thchosenclub.uk (the “Website”) and all associated websites linked to the Website. By using our Website and services you agree and accept the Terms of Use.

 

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code including but not limited to content owned by ChosenClub and a third party (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to ChosenClub, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

ChosenClub does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content.  As a user of this Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the Content.  To the extent permitted by law, ChosenClub and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without ChosenClub’s express prior written consent.

ChosenClub and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content.  ChosenClub does not accept responsibility for any liability in respect of access to other content through the use of this Website.

 

User Generated Content             

ChosenClub allows users to generate content by submitting inspirational images, including photos, links, and other materials for publication (collectively known as “UserContent”). Any UserContent emailed to content@thechosenclub.com which is expressly for publication or with FOR PUBLICATION in the subject line will be subject to ChosenClub Terms of Use.  

Your agreement to ChosenClub's Terms of Use will form a binding contract with ChosenClub. 

You agree that;

*You retain all rights in, and are solely responsible for, the UserContent submitted.

*All information provided must be accurate and complete to best of your knowledge. 

*You represent that you are over the age of 13.

*If you are representing a business or entity, you warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms of Use, and that you have the authority to bind the entity to these Terms of Use.  

*You grant ChosenClub and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content on the Website solely for the purposes of operating, developing, providing, and using the ChosenClub products.

*You acknowledge that nothing in these Terms shall restrict other legal rights ChosenClub may have to User Content, for example under other licenses and any UserContent violating these Terms of Use can be removed by ChosenClub at any time. 

*To the maximum extent permitted by law ChosenClub shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenue whether incurred directly or indirectly, or any loss of data, use, good-will or other intangible losses resulting from any conduct or content of any third party or user content. In no event will ChosenClub aggregate liability for all claims relating to the products exceed one hundred U.K Pounds (UK £100.00).

 


Use of the Website 

While utilising our Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.  ChosenClub reserves its right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of ChosenClub, including any ChosenClub account not owned by you to its source.  You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

You agree to grant ChosenClub and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, store, display, reproduce, repin, modify, create derivative works, perform and distribute the Content on our Website solely for the purposes of operating, developing, providing and using the Website.  Nothing in these Terms of Use will restrict other legal rights ChosenClub may have to use the Content, for example under other third party licences.  ChosenClub reserves the right to remove or modify Content for any reason, including Content that we believe violates these Terms of Use or our policies.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or ChosenClub’s systems or networks, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ChosenClub on or through the Website or any service offered on or through the Website.  You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ChosenClub or others.


Confidentiality

ChosenClub does not guarantee that your use of this Website will be confidential.  ChosenClub is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this Website.

Use of personal information has been documented within ChosenClub’s Privacy Policy, which can be accessed through the Website main page.


ChosenClub is committed to adopting the highest standards to safeguard our customers’ personal information.  Please refer to our Privacy Policy which sets out how and why we collect, use and disclose your personal information.

Privacy


Our Website may contain links to third-party websites, advertisers, services, special offers or other events or activities that are not owned or controlled by ChosenClub.  We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services.  If you access any third-party website, service or content from our Website, you do so at your own risk and you agree that ChosenClub will have no liability arising from your use of or access to any third-party website, service or content.  You will need to make your own independent judgment regarding your interaction with these Linked Websites.

Links to other websites and
to ChosenClub Website


ChosenClub shall take all reasonable steps to ensure the security of your personal information.  Please refer to our Privacy Policy for further information on how ChosenClub has endeavoured to ensure the security of Personal Information.

ChosenClub notes further that some components of the Website require an account and password.  You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.

ChosenClub is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures.  ChosenClub requests that you promptly report any unauthorised use of the password.

Security 


If you have an advertising account with us, you are solely responsible for the cancellation of your account.  You can cancel your account at any time via email to conceirge@chosenclub.com.

Failure to pay your account will result in your account being terminated.    We are not responsible for any loss you suffer as a result of such termination.  

ChosenClub in its sole discretion may terminate your account and refuse any and all current or future use of the service, for any reason, at any such time.  Such termination can result in the deactivation or deletion of your account. ChosenClub reserves the right to refuse service to anyone for any reason at any time.

Cancellation and Termination


The Website and all Content is provided on an "as is" basis without warranty of any kind, whether express or implied.

To the extent permitted by law, ChosenClub specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement and any warranties arising out of the course of dealing or use. 

ChosenClub takes no responsibility and assumes no liability for any Content that you or any other user or third party posts or transmits using our Website.  You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.

Warranties


Consumer Laws grant you certain rights and protections related to the provision of goods and services thatcannot be excluded.  Nothing in these Terms of Use can exclude or restrict the application of such laws but, to the extent that it can, ChosenClub does not give any guarantee or warranties or make any representation of any kind, express or implied.  Subject to claims available under consumer protection laws, ChosenClub is not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with our services.

For any claims relating to our Content that cannot be excluded or restricted under consumer protection laws:

(a)    you will be entitled to a full refund or replacement services if there is a major failure by ChosenClub or the sub-contractor to comply with the consumer guarantees under the Australian consumer laws; and

(b)    for minor failures by ChosenClub to comply with the consumer guarantees under these laws, the liability of ChosenClub for any applicable claim will (at ChosenClub’s discretion and to the maximum extent permitted by law) be limited to if the breach relates to services: (A) resupplying those or equivalent services; or (B) paying the cost of having those services resupplied.

ChosenClub reserves the right to do the following, at any time, without notice: 

1.    modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; 

2.    modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and 

3.    to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

To the maximum extent permitted by law, ChosenClub will not be liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from (a) your access to or use of or inability to access or use the Content, (b) any conduct or Content of any third party on the Website, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties, or (c) unauthorised access, use or alteration of your transmissions or Content.  In no event will ChosenClub’s aggregate liability for all claims relating to the Content exceed one hundred pounds (£100.) 

 

Liability


You must indemnify and hold harmless ChosenClub or its employee’s, contractors and agents and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: 

a)    any breach by you of these Terms of Use; or 

b)    reliance by you on any information obtained through the Website.

Indemnity


ChosenClub reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose.  We may revise these Terms of Use from time to time and the most current version will always be posted on the Website.  If a revision, in our sole discretion, is material we will notify you.  By continuing to access or use the Content after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new Terms of Use, please stop using the Website. 

General Terms


The Website (excluding any linked third party Websites) is controlled by ChosenClub.  By accessing this Website, you accept that any disputes about this Website or the Content are to be determined by the Courts having jurisdiction in United Kingdom.

Although this Website can be accessed throughout the United Kingdom and overseas, ChosenClub does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside the United Kingdom.  If you access this Website from outside the United Kingdom, you do this at your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

 

Applicable Law


ChosenClub aims to provide an exceptional level of service to our customers at all times.  If you feel you have cause for complaint or any suggestions for improvement, please email us at hello@thechosenclub.com and we will endeavor to respond to you within two (2) working days. For any dispute you have with ChosenClub, you agree to first contact us and attempt to resolve the dispute with us informally. Many thanks.

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