Incahoot Terms & Conditions of membership, and supply of services and products
This page (together with the documents referred to on it) tells you the terms and conditions of your membership of Incahoot and also the terms and conditions upon which any of the services (Services) and products (Products) offered on our website www.incahoot.com (Our Site) will be supplied to you by any of our third party suppliers (Our Suppliers) .
Please read these terms and conditions carefully before enrolling as a member of Incahoot and/or requesting or ordering any Services or Products from Our Suppliers as advertised on Our Site. Your attention is particularly drawn to conditions 2, 8 and 10 below. You should understand that by agreeing to be registered as a member of Incahoot and ordering or receiving any of the Services or Products advertised on Our Site from Our Suppliers, you agree to be bound by these terms and conditions (Conditions).
You should print a copy of these Conditions for future reference.
You will be asked to accept these Conditions during the sign up process. Please understand that if you refuse to accept these Conditions you will not be able to register as a member of Incahoot or order any of the Services or Products advertised from Our Site.
1. INFORMATION ABOUT US
Incahoot.com is a site operated by Incahoot Limited (Incahoot). Incahoot is registered in England and Wales under company number 06635483 whose registered office is at Office 404, Albany House, 324 Regent Street, London, W1B 3HH with VAT number 936 4342 17 .
Our Site is only intended for use by people resident in the United Kingdom (UK). Incahoot will not register any person as a member or accept orders from any persons who is resident outside the UK.
Incahoot is a virtual consumer society, whose foremost goal is to educate and help our members to lower prices in a simple and cost-effective manner. By presenting the relevant information, developing simple purchase routines and to taking advantage of our combined purchasing power to negotiate discount agreements, our members will save both time and money. Together we will make it a good investment for our partners to give us a discount in exchange for savings sales and marketing costs.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an application to be registered as a member , you will receive an e-mail from us acknowledging that we have received your application. Please note that this does not mean that your application has been accepted. Your application constitutes an application to be registered as a member of Incahoot. All applications for membership are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that you have been enrolled as a member (Registration Confirmation) . The contract between us ( Our Contract) will only be formed when we send you the Registration confirmation as applicable.
Our Contract will relate only to your membership of Incahoot which we have confirmed in the Registration Confirmation
Please note that in respect of all Services and Products advertised on Our Site you will only be able to place orders directly with Our Suppliers through Our Site. The resulting legal contract is between you and that third party supplier and is subject to the terms and conditions of that third party supplier, which they will advise you of directly. You should carefully review their terms and conditions applied to the transaction. Incahoot shall have no liability or obligation whatsoever to you in respect of such contract or the acts, breaches of contract, omissions, negligence or otherwise of Our Suppliers.
We may also provide links on Our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that services or products you purchase from third party sellers or suppliers through Our Site or from companies to whose website we have provided the link on Our Site, will be of satisfactory quality and such warranties are DISCLAIMED by us absolutely.
This DISCLAIMER does not affect your statutory rights against a third party seller or supplier. We will notify you when a third party is involved in a transaction and we will disclose your customer information related to that transaction to the third party seller or supplier.
Upon accepting these Conditions and paying any applicable membership fees, Incahoot will give you access to the Incahoot member portal and your personal account page, which you will have access to using your user name and password. On this web page (my account page) will include an overview of what information is collected about you.
You are bound by all applicable provisions for communication and payment systems between you and Incahoot set out in these Conditions. All communications will take place electronically.
3. CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel Our Contract at any time within 7 working days, beginning on the day either that you have been accepted as a member
To cancel Our Contract you must inform us in writing.
With regard to the cancellation of any contract made between you and any of Our Suppliers your right to cancel will be as set out in their terms and conditions provided by them to you in respect of the applicable Services or Products and you should review these carefully
4. MEMBERS OBLIGATIONS
You shall comply with Incahoot’s rules of membership and terms of supply of the Services and Products by Our Suppliers as set out in these Conditions and shall provide at all times accurate and correct information to Incahoot, and to keep such information up to date by signing up for my account page (see My Profile), and make adjustments if there are any changes in the stored information. You are responsible for maintaining the confidentiality of your account, your page and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and you should inform Incahoot immediately if you have any reason to believe that your password has become known to anyone else, of if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes in the information that you provided when registering as a member. You can access and update much of the information you provided us with in the “My Profile” area of the website.
Incahoot reserves the right to refuse access to Our Site, terminate membership, remove or edit content, or cancel orders at Incahoot’s discretion.
You give Incahoot authority to negotiate new agreements, renegotiated entered into agreements and switch supplier as we see fit.
You hereby agree to receive messages via electronic mail, and that the electronic agreements between you and Incahoot shall be contractually binding at all times.
You also confirm that by accepting these Conditions that you are over 18 years, of legal age, you are resident in the UK, you are accessing Our Site from the UK and that you have accepted these Conditions on behalf of yourself and are fully responsible for the payment of all fees that maybe payable by you on becoming a member of Incahoot under these Conditions
5. [PRICE AND PAYMENT]
Our membership fees will be quoted on Our Site from time to time, except in cases of obvious error.
The price of any Services or Products offered by Our Suppliers will be quoted on Our Site from time to time except in cases of obvious error.
These prices include VAT and delivery costs of Our Suppliers.
Membership fees may be liable to change from time to time, but changes will not affect membership applications which we have already sent to you by way of Registration Confirmation.
Our Site contains a large number of Services and Products to be supplied by Our Suppliers, and it is always possible that despite our best efforts some of the Services or Products listed on Our Site may be incorrectly priced. We are under no obligation to provide the Services or Products to you at the incorrect/lower price, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as mis-pricing and in any event this is a matter between you and the applicable third party supplier with whom you have contracted directly.
The payment of membership fees ordered must be made by credit card through our payment processing partner.
The payment of any amounts or price payable in respect of any Services and/or Products ordered by you from Our Suppliers will be as per and subject to that third party sellers terms and conditions.
Late payment of any amounts payable under these Conditions which remain unpaid for 7 days shall bear interest at 4% over the base rate of Royal Bank of Scotland Plc from time to time from the due date of payment until actual payment. In addition, Incahoot shall be entitled to charge you an additional amount or amounts to recover all costs, charges and expenses reasonably incurred (including all professional fees on an indemnity basis) as a result of your failure to pay any outstanding amounts within 7 days after they fall due for payment.
6. PERSONAL DATA, CONSENT TO USE AND PRIVACY
We process information about you in accordance with our privacy policy . By using Our Site, you consent to such processing and you warrant that all data provided by you is accurate.
7. DURATION AND TERMINATION OF MEMBERSHIP
7.1 Term of Membership
The Contract in respect of your membership will be effective [for a period of one year] from the date you register as a member and pay the applicable membership fee through Our Site, subject to termination pursuant to Condition 7.2 .
The Contract will continue until it is terminated in accordance with any of the provisions below.
7.2 Termination
Termination must be in writing [by email to incahoot@incahoot.com ], and no later than 60 days prior to the annual renewal date of your membership . The amount of any membership fee is non-refundable.
In the event of termination of your membership with us you will keep and remain liable for your existing contracts with our third party suppliers( to include without limitation,those in respect of any Services , or Products supplied by us or our third party suppliers) e.g. any mobile phone contract you may have, but will lose with immediate effect any discount you have and enjoy in respect of all or any such contracts by reason of your membership of Incahoot.
Incahoot may terminate with immediate effect upon any material breach by you. A material breach shall include, without limitation: -
-- That you knowingly provide incorrect information about yourself
-- If a third party, with or without your consent or knowledge, using your Incahoot account (user name and password).
Failure to pay any renewal membership fee due from you on the due date.
Your membership may also be terminated because of your failure to register any activity (for example, e-mail in return, or lack of response to inquiries from Incahoot) for a period of 30 consecutive days during any period of the term of your membership. Your membership may then be terminated by us giving you 30 days notice by e-mail,if you do not respond confirming you wish your membership to continue your membership will be terminated at the end of the notice period.
Following the occurrence of a material breach members shall lose the right to register again.
8. OUR SUPPLIERS , ADVERTISERS AND OTHER THIRD PARTY RELATIONSHIPS
You are solely responsible for any agreements or contracts that are entered into with Our Suppliers , advertisers and other third parties as a result of an advertisement or offer communicated through Our Site, and agree that Incahoot shall have no responsibility or obligation for either the content or the performance of such agreements or contracts and that you will indemnify and keep indemnified Incahoot against any claims, damages, expenses, liabilities, costs (including all legal costs on an indemnity basis) fines and penalties arising there from. You further agree that Incahoot shall not have any liability for the content of the adverts or for any other material transmitted through Our Site by Our Suppliers advertisers and third parties. Incahoot will use its reasonable endeavours to ensure that the adverts and other material that is presented to you is consistent with the requirements imposed by any relevant legislation.
9. OUR SITE –DISCLAIMER
Our Site is provided and organized in accordance with the quality you may reasonably expect from a business that provides Internet services. However due to the nature of the Internet, it can not be guaranteed that Our Site will be uninterrupted and that transmissions will be error free. Incahoot will do what can reasonably be expected to correct any errors and deficiencies when Incahoot are aware that such has occurred, but beyond this it has no responsibility for any loss you as a member may incur, YOUR ATTENTION IS ALSO DRAWN TO Condition 10 below and our Terms of Website Use as described in this document.
Your access to and use of Our Site can, to some extent, be based on the type of hardware, software, telecommunication connection you have available to you. Incahoot has no responsibility for this, and no obligation to provide access to Our Site beyond as provided in these Conditions. If you have any questions regarding access to Our Site, you can direct them to [incahoot@incahoot,com].
10. INCAHOOTS LIABILITY, PLEASE READ THIS CONDITION 10 FULLY AND CAREFULLY
10.1 Incahoot’s liability for losses you suffer as a result of us breaking this agreement is strictly limited to the membership fee you have paid
10.2 This does not include or limit in any way Incahoot’s liability:
(a)For death or personal injury caused by our negligence;
(b)Under section 2(3) of the Consumer Protection act 1987;
(c)For fraud or fraudulent misrepresentation; or
(d)For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.3 Incahoot shall not be responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us when you joined as a member or commenced using the website including but not limited to:
(a)Loss of income or revenue
(b)Loss of business
(c)Loss of profits or contracts
(d)Loss of anticipated savings
(e)Loss of data
(f)Loss of goodwill
(g)Wasted expenditure
10.4 Where you buy any Product or Services from a third party seller through Our Site, the third party’s individual liability will be set out in the third party’s terms and conditions
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Notices
All notices given by you to us must be given to Incahoot Limited at [incahoot@incahoot.com]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15. Waiver
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13.
16. Severability
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time [to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Registration Confirmation or Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services or the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of membership of Incahoot and these Conditions shall be governed by English Law. Any dispute arising from, or related to, this agreement shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
20. MISCELLANEOUS
You shall have no rights whatsoever to any information being made available to you through Our Site, and are responsible for compliance with all and any applicable laws and regulations regarding the copying, disclosure, and any other use of such information. Our Site
If you have any questions or comments to Incahoot system or to this agreement, however, you can contact our customer service on [ incahoot@incahoot.com ], or by clicking on "Questions" on Our Site.