Membership Terms

Trend Suite Membership Terms.

Please read the following Terms & Conditions carefully before applying for Membership.

 

  1. Application of terms and conditions

1.1 These terms and conditions ("Terms") apply to Trend Suite Membership. ("Membership") operated by [Tiffany Hill Studio Limited]. By applying to be a member of our Membership, you agree to the terms and conditions. The agreement between us and you, the person or entity applying to be a member of our Membership ("you") and which is subject to these Terms ("Contract"), shall come into effect upon you applying to be a member of Membership and shall continue in accordance with these Terms.

 

1.2 These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (all of which can be found on our website: www.tiffanyhill.co.uk).

 

1.3 Where you are a corporate entity, "you" as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.

 

2. Membership

2.1 There are two payment levels as follows with a minimum of 12 months of Membership. Monthly Membership -  Recurring monthly payments for 12 Months. Annual Membership - Recurring annual payment.

• We may at our absolute discretion refuse either type of Membership to any person or entity and we shall not be obliged to state our reasons for such refusal.

• Membership shall continue unless they are terminated by either of us in accordance with Clause 6 below.

• You agree to always keep user details and your password for the site confidential and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability that arises from any unauthorised use of your account.

• The online materials of the Membership are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the seasonal releases but in the event that content is not available in whole or part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.

• The materials we deliver as part of your Membership do not in any way constitute advice or recommendations. We are providing trend guidance only. We are not able to advise you on your individual circumstances.

 

3. Programme

3.1 Trend Books and resources will be provided on an ongoing basis and shall be announced via email or inside a private Facebook group via a third party online portal.

 

4. Payment

4.1 The total price payable for the Membership is as set out on the order form. You may make payment via the methods that are specified on the order form. Where the payments are stated on the order form to be made in instalments or are recurring payments, you agree that we may take these payments automatically without any further consent or notice from you.

 

4.2 Where your order is for a [12 month] Membership, you will be advised one month before the end of the Membership, this will automatically renew, unless you choose to cancel. If you wish to continue to have access to materials, you must renew your Membership in the manner advised on our site.

 

4.3 Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of [Barclays Bank PLC] from time to time in force and/or (ii) suspend the Membership until such time as payment is made or the Contract is terminated.

 

4.4 The total price payable is set out in the order form and does not have Value Added Tax applied.

 

4.5 All payments are non-refundable other than set out in paragraph 7.2 below.

 

5. Our obligations

5.1 We warrant to you that the Membership is of satisfactory quality and reasonably fit for the purpose for which you purchased the Membership.

 

5.2 Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of trend information and the fact that your success is dependent on several factors over which we have no control, we do not guarantee any results.

 

5.3 We endeavour to ensure that all information that er provide is accurate and up-to-date, but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date otherwise.

 

5.4 You acknowledge that your personal data will be processed by and on behalf of us. Will will process your personal data in accordance with our Privacy Policy that can be viewed at  www.tiffanyhill.co.uk.

 

6. Intellectual Property

6.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Materials provided to you as part of the Membership ('Materials") and all content within the Membership and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Materials [or the content of resources] to you or any other person.

 

6.2 You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, or otherwise make available in any way any of the Materials.

 

6.3 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use all or any of the Materials for the purposes for which the Membership was provided only.

 

6.4 Except as set out in paragraph 6.3, you may not use any of our Intellectual Property Rights at any time except where duly licensed. Use of our logo / logos is strictly prohibited without prior written consent.

 

6.5 You may not without prior written consent make any audio or visual recordings of any part of our Materials.

 

6.6 You acknowledge that certain information contained in the Materials is already in the public domain.

 

6.7 You are not permitted to sell or promote products or services to other persons or entities unless specifically invited to do so.

 

6.8 The provisions of this paragraph 6 shall survive termination of the Contract.

 

7. Term and termination

7.1 The Contract shall continue until your Membership expires, other than for the Terms that are specifically stated to remain in force which will survive termination of the contract.

 

7.2 This Membership Agreement ("Agreement") is a commitment for a period of 12 months, commencing from the date of enrolment ("Effective Date"). By enrolling in the Trend Suite Membership, the member agrees to participate in the journey and growth of your business.

 

7.3 The Member understands and acknowledges that this Agreement is for a minimum period of 12 months, during which time they will have access to all resources, including but not limited to plan dependent Trend Books, insights and templates within an exclusive library.

 

7.4 The Member agrees to fulfil their payment obligations according to the chosen payment plan (monthly or other agreed-upon arrangements) for the duration of the 12 month commitment.

7.4.2 The other commits any serious or repeated breach or non-observance of any of the provisions of these terms; or the other (i) makes a resolution for it's winding up, (ii) makes an arrangement or composition with it's creditors, (iii) makes an application to a court of competent jurisdiction for protection from it's creditors, (iv) is unable to pay it's debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or

 

7.4.3 The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially averse to the interests of the terminating party.

 

7.5 In the event of early termination or cancellation before the completion of the 12-month commitment, the Member may be subject to applicable termination fees or forfeiture of access to Materials and resources.

 

7.6 After the initial 12-month commitment period, this Agreement will automatically renew on a new 12-month basis unless the Member provides written notice of cancellation at least 30 days prior to the desired cancellation date.

 

7.7 On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).

 

7.8 Administration or winding-up order is made, or an administrator or receiver is appointed in relation to such party, (i) is declared bankrupt (ii) or (iii) is convicted of a custodial offence (other than a road traffic offence).

7.9 Termination of this Agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of our accrued rights, remedies, obligations, and liabilities of either of us at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract that existed before the date of termination.

 

7.10 Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.

 

7.11 Paragraphs which expressly or by implication have effect after the date of termination of the Contract.

 

7.12 This paragraph 7 shall survive the termination of the Contract.

 

7.13 Where the Contract expires, this shall be treated as termination of all paragraphs that refer to "termination".

 

8. Liability

8.1 We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Membership.

 

8.2 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Membership.

 

8.3 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, we shall not be liable for you for any costs, charges or losses incurred by you that arise directly or indirectly from such prevention or delay.

 

8.4 We shall not be liable for additional costs incurred by you because of changes in (i) the Membership, (ii) any of the Materials, (iii) revisions to resources and directories.

 

8.5 Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

8.7 You acknowledge and agree that:

8.7.1 The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Membership (which shall be deemed to have been terminated by mutual consent).

8.7.2 In entering the Contract, you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the contract or not) relating to the provision of the Membership other than as expressly set out in the Contract.

 

9. General

9.1 By applying for Membership, you warrant that;

9.1.1 You are legally capable of entering into binding contracts; and

9.1.2 You are at least 18 years old; and

9.1.3 That all information you provide us with is materially true and accurate at all times and not misleading in any way.

 

9.2 You may not transfer any of your rights or obligations under these Terms to another person without prior written consent. We can transfer all or any of our rights and obligations under these Terms at any time.

• All notices sent by you to us must be sent to Tiffany Hill Studio Limited at hello@tiffanyhill.co.uk. We may give notice to you via either the email or postal address you provide to us in writing. Notice will be deemed received and properly served 24 hours after an email is sent or two days after the date of posting of pre-paid first class, recorded delivery or registered letter. In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped, and placed in the first class, recorded or registered post and, in the case of an email, was sent to the specified email address of the addressee.

• If any court (or other competent authority) decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only be  "severed" from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

• If we do not insist on performance of your obligations or delay in exercising any rights or remedies that we have, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it's a waiver, and we tell you so in writing. We may vary these (Terms) as we see fit from time to time and if we do so, we will notify you by email of the change of terms. Your continuation with the Membership will be deemed to be your acceptance of any new Terms.

• You accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts comply with any legal materials we provide.

• All communications will be in writing, and this does not affect your statutory rights.

• A person who is not party to these terms shall not have rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

• These Terms and any dispute or claim arising out of or in connection with it shall be governed by English Law and we both agree to the exclusive jurisdiction of the English Courts. 

 

Returns Policy

The following items are Final Sale and therefore cannot be refunded:

Trend Suite Membership Plans - monthly or annual subscriptions.

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Contact Us

If you have any questions or suggestions about our Membership Terms, do not hesitate to contact us at hello@tiffanyhill.co.uk

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