These Terms and Conditions of Service were last updated on the following date: 5th April 2013
1. INTRODUCTION
1.1. WAYN.com (“us”, “we”, “our”) provide our customers (“you, your”) VIP membership (“VIP Membership”) enabling you to receive “Benefits” with various selected “Partners”. You agree that your purchase and use of the VIP Membership shall be strictly subject to these terms and conditions (“Terms”) and our standard TOS, privacy and data protection guidelines and that you will also be subject to any policies or terms and conditions imposed by the Partners (“Partner Rules”).
2. LIABILITY
2.1. By purchasing (or in relation to a free trial, by signing up for) a VIP Membership from us you agree that we are not responsible to you, or to any third party in relation to the Partner or the goods or services supplied by the Partner or the acts or omissions of the Partner and we shall not be liable to you, or to any third party, in relation to the Partner, or for the acts or omissions of the Partner. You agree that all issues in relation to the Partner or the acts or omissions of the Partner or any third parties will be dealt with as between you and the Partner and as such you agree to be bound by the Partner Rules.
2.2. The VIP Membership gives you an opportunity to receive a Benefit with selected Partners if you are able to make a booking with the Partner, but it does not give you any guarantee that you will be able to make a booking with such Partner. This shall be a matter solely between you and the Partner.
2.4. We shall not be liable to you for any indirect or consequential loss or for any loss of profits, savings, use of money, business, goodwill or reputation whether such losses are direct, indirect or otherwise.
2.5. Nothing in these Terms seeks to limit or exclude our liability for death or personal injury which is caused by our negligence or for any other matter which it would be unlawful to exclude.
3. INFORMATION AND WARRANTY
3.1. All material and information provided by us in relation to the Partner is supplied by the Partner. We make no warranty or representation of any kind in relation to such material and information and you acknowledge that such material and information is only provided as a guide and does not form part of these Terms.
3.2. Whilst we endeavour to monitor the goods and services of the Partner we do not make any warranty or guarantee in relation to any of them or in relation to any relevant safety standards. You attend the Partner at your own risk.
3.3. Save as expressed in these Terms and to the greatest extent permitted by law we exclude all warranties, terms and conditions which may be expressed or implied into these Terms whether by statute, common law or otherwise.
4. CONTRACT FORMATION
4.1. The provision of information about the VIP Membership, of which these Terms form part, is an invitation by us for you to offer to purchase the VIP Membership.
4.2. By completing the VIP Membership payment form or otherwise signing up to a free trial correctly you make an offer to us to purchase (or as appropriate, apply for) the VIP Membership.
4.3. We reserve the right to reject your offer at our sole discretion. Your offer shall not be accepted by us until we have confirmed such acceptance to you.
5. USE OF VIP MEMBERSHIP
5.1. The VIP Membership can only be used with Partners who are advertised on the WAYN.com website as providing a Benefit. In the event of an error made on the applicable WAYN.com Website whereby a Benefit is mistakenly advertised in relation to a particular Partner, the decision as to whether to provide such an Benefit shall be at the sole discretion of the Partner and WAYN shall not be liable to you in relation to such a mistake.
5.2. In order to use the VIP Membership you will need to make an advance booking with the Partner and if no such advance booking is made then it shall be at the sole discretion of the Partner whether or not they will provide the Benefit. When arranging such a booking you must inform them that you intend to use the VIP Membership in order that you can clarify whether the Benefit applies and the Partner can inform you of any restrictions which may apply to such Benefit. We shall endeavour to ensure that all restrictions relating to the Benefit are published on the WAYN.com Website but in any event you will be subject to any restriction imposed by the Partner even if it is not so published.
5.3. Following the making of a booking you must comply with such booking and if you do not you will be subject to the Partner’s cancellation policy and you may at the sole discretion of the Partner be denied the Benefit.
5.4. The Partner may deny you a Benefit if, in their sole opinion the Partner determines that you (or any member of your group) are in breach of any of the Partner Rules whether or not you had been made aware of such Partner Rules.
5.5. The VIP Membership must only be used by you and any use of it by any person other than you or any use of it by you for the benefit of any person other than you shall (unless such use is expressly permitted as part of the Benefit) mean that your VIP Membership is subject to immediate cancellation by us in accordance with clause 9.
5.7 Unless expressly agreed by us or as otherwise provided under these Terms all payments made by you in relation to a VIP Membership shall be non-refundable.
5.8 If you have received a complimentary VIP Membership, this is non-transferable and non-refundable.
6. COMPLAINTS
6.1. Whilst complaints about Partners or any other complaints must be dealt with directly with Partners we are committed to providing access to good Partners for our customers. Therefore if you have any feedback in relation to such things, whether positive or negative, we would be very grateful to hear from you.
7. MONEY
7.1. The VIP Membership Price is as set out in our VIP Membership Page.
7.2. You shall pay the VIP Membership Price in full in advance in the manner communicated by us to you.
7.3. If you become a VIP Member and pay a Membership fee, you are agreeing to take the Membership subscription we make available to you shortly after that fee is paid.
7.4 A cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to VIP Memberships.
7.5 If your VIP membership was paid by SMS: to cancel auto-renew billing at any time reply to the billing SMS you receive, with the word STOP (if you are in United Kingdom, Belgium, Spain and Norway), or reply with the word EXIT (if you are in Sweden, Netherlands, Finland, Denmark, Ireland, Germany).
7.6 WAYN.com shall charge you for all new VIP Memberships issued by using the credit card details provided by you for your initial purchase or as otherwise deemed appropriate by us and you acknowledge that WAYN.com is permitted by you to make such a charge.
7.7 If your VIP membership was purchased via credit/debit card or other online payment method: we will notify Members within 14 days of their membership renewal date. Such notification will include the date when renewal is to take place, and in the case of an increase in the Membership fee, the fee that will apply for the next period.
7.8 If you do not wish to proceed with automatic renewal of your VIP Membership, you will be able to prevent this by changing your account settings within 'My Account' at any point before your subscription expiration date or by sending an email to support@wayn.com at least 24 hours before this date.
8. INSURANCE AND RISK
8.1. Activities, goods or services provided by the Partner may involve risk of accident and injury to yourself and to others and damage to property. You accept the existence of such risks on behalf of yourself. We accept no liability in relation to such risks and do not provide any insurance in relation to any of such risk and whilst some Partners may offer some form of insurance options for you, you are responsible for your own insurance arrangements.
9. TERMINATION
9.1. We may terminate our agreement with you and cancel the VIP Membership in the following circumstances:
9.1.1 you breach any of these Terms;
9.1.2 we cease provision of the VIP Membership generally. In such circumstances we may, depending on your prior use of the VIP Membership, in our sole discretion, offer you a refund or a partial refund of the VIP Membership Price.
10. OUR WEBSITE
10.1. You agree that all use of the WAYN.com Website shall be strictly subject to our website terms and conditions which can be found on the WAYN.com Website.
11. INDEMNITY
11.1. You shall indemnify us against all and any loss, damages and costs sustained by us arising out of any breach by you of any of these Terms or arising out of any claim made by a Partner or any third party in any way in relation to you or to your group.
12. GENERAL
12.1. Neither these Terms nor any rights or obligations under these Terms may be assigned or licensed by you.
12.2. These Terms supersede all prior agreements, arrangements and undertakings between us and you and constitute the entire agreement between us in relation to the subject matter of these Terms. You confirm that you have not entered into agreement with us on the basis of any representation that is not expressly incorporated into these Terms.
12.3. If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances or the validity or enforcement of these Terms.
12.4 Any waiver by us of a breach of any provision of these Terms shall not be considered as a waiver of any subsequent breach of the same or any other provision.
12.5. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
12.6. These Terms shall be governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction in relation to any dispute with respect to the subject matter or construction of these Terms.
WAYN Communication Emails
- WAYN Monthly Newsletter (more)
- WAYN As-it-happens and Bi-weekly Account Alerts (more)
- WAYN Team Friends (more)
- WAYN VIP Monthly Email (more)
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