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WHAT CAN I DO?
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Membership terms and conditions of Fiena
These membership terms and conditions (the “Terms”) apply to the membership club known as “Fiena” (the “Club”). The term “she” is used throughout to refer to members; however, “she” shall be taken to include persons of any gender or any person who identifies with any such gender, and shall not be taken to exclude any person from participation in the Club.
Fiena is owned and operated in England by Fiena Members Club Limited, a company registered inEngland and Wales under company number 10207559, and with registered office at SheltonStreet, London WC2H 9JQ. The Fiena club is licensed as FIENA FZE in Dubai, and is in Founding stage.
These Terms were last updated in March 2020, and apply to all members of the Club.
Once a member applies for membership of the Club, she agrees to abide by these Terms.
The object of the Club is to inspire a feminine lifestyle, through creating a community of like-minded women.
1. All members will be subject to these Terms which are available on request to the Committee by any member or applicant for membership
2. By applying for membership, a person accepts that, once she is accepted, the Terms will apply to her and will form a binding agreement between her and all other members.
3. Applications for membership must be made on the Club’s website and, if theClub will decide in its absolute discretion whether to accept each individuals a member. The Club is exclusive and only members that are a good fit for the Club will be accepted. The Club takes the application process seriously, but cannot in any circumstances be held responsible for the actions of any other members. The Club does not warrant to any other member the appropriateness of any individual as a member of the Club.
4. Once membership is approved, members are required to pay a membership fee in accordance with clause 3
5. If the Club concludes that any member is in breach of any of the Terms or has behaved in a manner it considers unsociable or detrimental to the enjoyment and safety of other members, or likely to bring the Club into disrepute or cause substantial prejudice to it, the Club may resolve to suspend or withdraw her membership. It will give her at least 7 days’ prior notice of its intent, of the complaints against her, and the date and time of the meeting at which he/she may explain her conduct or speak in her own defence, before it makes its decision about suspension or withdrawal of membership. It will not consider any appeal against its decision
6. Any member who has not paid her membership fees within one calendar month of them becoming due shall forfeit her membership.
7. Members must not do any of the following things:
a). Harass any other member;
b). bully any other member; or
c). act in any way that may be detrimental to the Club or any member
If any member acts in breach of this clause, the Club shall be entitled to1terminate her membership with immediate effect, and that member shall not be entitled to a refund. Members are responsible for their own actions and behaviours while participating in the Club, and must comply with theClub’s strict policies against poor behaviour.
2.8 Where members are unable to take full advantage of their membership as a result of a force majeure event (including but not limited to an act of God, a natural disaster or a disease or viral outbreak), the Club shall not be required to refund the member’s membership fees or pause a member’s membership, and shall not be liable for any impact of the force majeure event.
2.9 The Club may suspend a member’s use of the app or access to certain aspects of membership of the Club where there have been complaints from other members, and those complaints would constitute a breach of these Terms.
2.10 As a member of the Club, each member agrees to conduct herself in a professional manner, and treat others with respect at all times, and be a positive brand ambassador for the Club.
2.11 It is the responsibility of each individual member to attend events of theClub and be actively engaged in the Club, in order to ensure she gets the most out of the Club. The Club will not be liable for any member’s nonattendance or non-participation.
3. Membership fees
1. Membership of the Club is currently £750 per year (the “Membership Fee”), and may be payable in one of two ways:
3.1.1 annually in advance (an “Annual Payment”); or
3.1.2 monthly in advance, over a 12-month period (a “Monthly Payment”).
3.1.2 monthly in advance, over a 12-month period (a “Monthly Payment”).
All payments are made to the Club using the method specified by the Club from time to time.
The Membership Fee may be offered at a discount at the discretion of the management team of the Club. Other members may have been offered different Membership Fees if they were founding members. Founding Members have exclusive access to the club pre launch, and are bound to the same terms and conditions as other members.
Any discounted pricing or special offers are offered at the discretion of the management team and the founder members of the Club.
Each member agrees that the Membership Fee applicable to her shall be fixed for the term of her membership.
3.2 Members who have paid an Annual Payment shall not be entitled to a refund if they choose to cancel their membership throughout the year.
3.3 Members who pay using Monthly Payments may not cancel during the year, and must continue making payments for the full year, even if she chooses to cancel her membership during the year. All twelve Monthly Payments must be made within the relevant membership year. Where a Monthly Payment is two or more months late, the full Annual Payment (minus the Monthly Payments already made) will become due and payable, and the member will be required to make this payment to theClub immediately upon request.
3.4 Members will be automatically subscribed for a following year’s membership on a yearly basis. If members wish to cancel their membership at the end of any given year, they must cancel their subscription through the subscription outlet given AND give at least 1 month’s written notice to the Club. If a member fails to cancel their subscription and enters another financial year of membership even if written notice was given, that member will not be entitled to a refund.
It is each member’s responsibility to manage her subscription payments and cancel in time on the relevant platform ie Paypal or GoCardless, or direct debit. The Club is not liable for failure to cancel such payments.
3.5 The Club has a strict policy against multi-level marketing (“MLM”), which includes but is not limited to representatives from Arbonne and Herbalife. In the event that any member is discovered to be selling for or on behalf of any MLM company, or is using the Club for financial gain, she may have her membership terminated immediately.
3.6 No member will be entitled to a refund under applicable consumer legislation, on the basis that each member has full access to the Club community from the first day of membership.
4. Benefits of Membership
4.1 The primary function of membership of the Club is to provide an exclusive community to members. The Membership Fee payable covers entry into the Club community only, and any other perk provided to the members shall be seen as a bonus, and not as a vital component of membership. This value is reflected in the price of membership, as well as the application process for membership of theClub. The Club is not an events company; scheduled events are run by the Club as a community, and no element of these events is reflected in the Membership Fee.
4.2 Members note that the majority of Club events are held in central London. Events made be altered, including event dates, times and topics to be discussed at the events, and such changes shall be made at the Club’s sole discretion and judgment.
4.3 Most events are provided by the Club at no additional charge, but some events, such as global trips and retreats, will be provided at an additional charge. Any associated charges will be confirmed by the Club on a case by case basis. Some events scheduled by the Club are included within the membership, but all global trips, and certain city activities will be charged for in addition to the MembershipFee. Members also acknowledge that some events may be private, members only events, and others may be open to the general public. The Club does not accept any liability for any events arranged by the Club. Nothing within this clause 4.3 or these terms excludes liability which may not be excluded by law, including liability for death or personal injury caused by the Club’s negligence.
4.4 The Club operates a mobile application (the “app”) which members are given access to as a bonus of their membership. While the Club uses its best efforts to make sure the app is functioning at all times, the members understand that this cannot be guaranteed, and is often outside the control of the Club (including but not limited to technical difficulties). Where the app is not functioning for any reason or for any period of time, no disputes may be raised by a member against the Club. The Club will not be required to pay any refund to the member. The members acknowledge that use of the app is a ‘bonus’ of membership, and does not reflect the value of the membership.
4.5 Members are encouraged to report any issues with the app to the Club so that they can be rectified as quickly as possible
4.6 Each member is responsible for downloading the app, opening emails from the Club and following instructions provided by the Club, to ensure that she is kept up to date with all Club news and information.
4.7 Each member agrees that she will not defame the Club or share negative views or comments about the Club, or its members or founders, publicly (including but not limited to through use of social media platforms, other online platforms or in person).
4.8 Members of the Club will obtain access, as a bonus of membership (and not reflected in the cost of membership) to venues, gyms, spas and other offers across the city of London, subject to the following conditions:
4.8.1 Members acknowledge that the Club reserves the right to change these offers and discounts at any time;
4.8.2 the third party companies involve in providing these perks will change from time to time;
4.8.3 Use of these perks is entirely at the member’s own risk, and the Club is not liable for any incident that may occur in any associated venue;
4.8.4 Where the Club provides a venue to a member for their personal or business use, this is not formal event management provided by the Club, and the Club is not in any way responsibility for the event or the venue; and
4.8.5 The Club may provide access to public events, festivals and other activities, but members acknowledge that the Club accepts no liability for these events, and they are not associated in any way with the Club’s brand.
5.1 The Club’s liability under these Terms is limited to the annual membership fee amount.
5.2 Nothing in these Terms excludes any liability under the law that cannot be excluded.
5.3 These Terms, and any non-contractual obligations arising hereunder, shall be governed by the laws of England and Wales, and the courts of England shall have exclusive jurisdiction.
5.5 The Club may terminate a member’s membership at any time, without refund, where a member has materially breached these Terms.
5.6 Each member agrees that she will not resort to legal action regarding any dispute arising out of these terms without completing a dispute resolution form, which can be found on the Club’s website. The dispute resolution form is to be sent to theClub’s membership committee, and the Club will have 28 days to reply to the member. The Club will inform the member at this stage, whether it will escalate or settle the issue. The member will have a further period of 28 days to revert to theClub to confirm whether she would like to take the matter further.
5.7 Following this, a face to face meeting with a mediator may be called, and the member, the founder and the founding committee shall use all best endeavours to resolve the dispute without resolving to formal legal action.
5.8 If mediation does not resolve the issue, the member shall be entitled to recourse to legal action.
5.9 Nothing in clause 5.7 shall serve to subvert any limitation periods under law, nor will it restrict the Club’s legal remedies in any way whatsoever.
5.10 Each member understands that any material, branding or any other documentation or materials of the Club is the property and ownership of the Club, and nothing within these terms provides any intellectual property right in any of the Club’s property to any member. Each member warrants and represents that she will not attempt to copy, replicate or otherwise infringe any of the Club’s intellectual property rights in any way whatsoever.
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