Terms and Conditions and Privacy Policy

The Nth Degree Club Limited (“the Nth Degree”)

Membership Terms and Conditions and Privacy Policy

PLEASE READ THESE MEMBERSHIP RULES AND TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY.

These terms and conditions apply to all registered members of The Nth Degree Club Limited (“the Nth Degree”) whose registered office is at 40 Elizabeth Street, London SW1W 9NZ (“Member”), and each Member agrees to abide by these Terms and Conditions which shall prevail over any other terms and conditions in any form whatsoever.

GENERAL

In these terms and conditions a “Brand Partner” means the supplier of goods and services to members.

“Benefits” means the supply of benefits, goods and services by Brand Partners or events arranged with third parties by The Nth Degree Club Limited.

MEMBERSHIP RULES

You agree to ensure you provide correct details when you apply for the Nth Degree Membership and your failure to do so may invalidate your Membership. Your responsibility to provide accurate information is a continuing obligation and you must notify the Nth Degree in the event that any information provided by you changes.

Your Membership is personal to you. It cannot be assigned or transferred. You are responsible for ensuring that no one uses your Membership.

Access to and use of the Members section of the Nth Degree website (“Site”) is through a combination of user name and password and is reserved exclusively for Members. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify the Nth Degree immediately if you believe that there has been any breach of security (e.g. the unauthorised use of your name and password).

You agree that you will only use the Nth Degree membership card for the purposes for which it is issued. You must notify the Nth Degree immediately if it is lost or stolen.

The Nth Degree Membership is only available to a person over the age of 18. Any unauthorised or attempted use by a person under the age of 18 will be null and void.

If a Member loses or has their Nth Degree membership card stolen then the Nth Degree should be informed as soon as possible and in any event within 24 hours. The Nth Degree reserves the right to charge a £15 replacement fee for each replacement card.

MEMBERSHIP FEES AND CANCELLATIONS

Current annual membership fees are shown on the membership page of the Site. Any increase in annual membership fees will be notified through the Private Members’ site on the website.

Your annual membership fee is non-refundable. However, the Nth Degree Club may, at its sole discretion, elect to refund your membership fee in whole or in part depending on the circumstances relating to the cancellation of any membership.

The Nth Degree reserves the absolute right to cancel or suspend your Membership if a Member is in material breach of these Terms and Conditions. The Nth Degree shall determine whether there is a material breach and a Member shall have the right to make written representations to the Nth Degree. If the Nth Degree cancels your Membership, it shall refund the balance of the annual Membership fee on a time apportioned basis in respect of the unexpired period to which the annual Membership fee relates.

USING YOUR MEMBERSHIP

The Nth Degree reserves the right to withdraw any of these Services and/or to refuse to supply the Services requested.

Brand Partners are responsible for providing you with the goods, services, products and benefits you select. The Nth Degree will not be responsible to communicate with Brand partners on your behalf, members are to contact the Brand Partner directly.

Brand Partners may impose their own Terms and Conditions and you are required to comply with these.

When ordering or booking a product or service or accessing a benefit by telephone, it is essential that members inform the Brand Partner that they are a member of the Nth Degree, and maybe asked to give their membership card details and show their valid membership card on payment.

When making purchases with our Brand Partners all members will be required to show their valid membership card and maybe asked to show valid identification.

Telephone calls to the Nth Degree may be monitored or recorded for training and quality control purposes.

RIGHTS OF MEMBERS

As a Member of the Nth Degree, you are entitled to all of the benefits and offers set out on the Site. The descriptions of all benefits displayed have been approved by the Brand Partner.

As a Member of the Nth Degree, please note that benefits and services are provided on the usual Terms and Conditions of the Brand Partner and a Member shall be assumed to have read such Terms and Conditions. If any of the benefits and services cease to be available the Nth Degree shall use its best endeavours to procure other Brand Partners who provide such benefits and services. However, the Nth Degree cannot be responsible for any actions of Brand Partners outside the Nth Degree’s actual control.

LIABILITY

Members are responsible for, and shall use their skill and judgement as to the quality, value and suitability of any information available about the benefits and services in relation to deciding whether to enter into any contract with any Brand Partner for the supply of goods or services or the sale of goods.

Your contract for the purchase of products or services is made with the relevant Brand Partner only.

All contracts entered into by Members with any of the Brand Partners is a contract between the Member and the Brand Partner. The Nth Degree hereby disclaims any and all liability for any act or omission of any Brand Partner or any loss incurred by you as a result of any act or omission of a Brand Partner.

The Nth Degree accepts no liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.

The Nth Degree shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or a members reliance upon the information and suggestions provided by the Nth Degree hereunder and the resulting supply of goods and services to the member by any third party.

The Nth Degree’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the annual Membership fee and the charge for the Services to be provided.

The Nth Degree shall use its best endeavours to maintain the Site at all times but is not liable to members who cannot access the Site unless the Nth Degree has acted in such a way as to cause the failure to access its Site.

The Nth Degree aims to ensure that viruses (or other programmes having adverse effects) do not reside on the site but the Nth Degree accepts no responsibility in relation to this.

EVENTS

The Nth Degree will issue invoices at the time of confirmation of the event by a member.

All invoices for events become due for payment within 14 days of the invoice date or prior to the Event commencing, whichever is sooner, unless agreed otherwise.

Should for any reason an Event be wholly or partly cancelled or postponed owing to circumstances beyond the control of The Nth Degree Club, The Nth Degree Club shall not be liable to refund any part of the fees paid by the member, save refunds that will be made where The Nth Degree Club is able to secure a refund on the bookings that they themselves have made in connection with a particular event.

Whilst The Nth Degree Club does not exercise direct control over the running of hotels, venues, caterers, entertainers and other services, The Nth Degree will always endeavour to protect the interest of its members by vigilant selection of third parties contracted to supply within its packages. However The Nth Degree cannot be liable for any loss, damage or disappointment due to unforeseeable or unavoidable circumstances beyond the control of The Nth Degree.

For any Events, damage, personal accident or cancellation insurance is not included unless otherwise specified.

It is advised that the Member takes out a separate insurance policy to cover personal accidents, cancellation and other possible effects.

The Nth Degree will not be liable for any compensation payments should the event have to be cancelled through unforeseeable circumstances. All participants will be re-scheduled where possible.

The Nth Degree does not accept any responsibility for the loss or damage of personal property belonging to Members or their guests. Neither The Nth Degree or its employees shall be liable for any death, injury, damage, loss, illness, delay or expense caused to members or their guests.

The Member agrees to indemnify The Nth Degree against any possible injury, damage, loss, illness, delay or expense caused at an Event.

The Nth Degree relies totally on its suppliers for correct information and whilst all details are given in good faith, The Nth Degree cannot accept responsibility for any inaccuracies on behalf of any supplier.

CHANGES TO THESE CLUB RULES

The Nth Degree may vary these Terms and Conditions from time to time and will notify you of any changes in a timely manner. Notification can be either The Site or by email or post or other personal delivery service.

Your continued use of your Membership constitutes acceptance of the altered Terms and Conditions.

COPYRIGHT

The Nth Degree owns or is lawfully entitled to all of the copyright in this Site. All other intellectual property rights are reserved. This Site is for your personal use only – you may not use it for commercial purposes. You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this Site.

LINKS

The Nth Degree assumes no responsibility for the contents of any other web sites to which the Site has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked sites. The Nth Degree may not have control of such web sites. The inclusion of any hyperlinks to such other web sites does not mean that the Nth Degree endorses the material on such web sites or has any association with the owner thereof.

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.

The provisions of the “Privacy Policy” shall apply at all times.

CONTACTING US

If you have any queries or complaints please write to The Nth Degree Club, 40 Elizabeth Street, London SW1W 9NZ

Privacy Policy

The Nth Degree Club Limited (“We”) are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is The Nth Degree Club Limited of 40 Elizabeth Street, London SW1W 9NZ.

INFORMATION WE MAY COLLECT FROM YOU

We may collect and process the following data about you

- Information that you provide by filling in forms on our site www.thenthdegreeclub.com (our “site”). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.

- If you contact us, we may keep a record of that correspondence.

- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

- Details of transactions you carry out through our site and of the fulfilment of your orders.

- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

- To estimate our audience size and usage pattern.

- To sort information about your preferences, and so allow us to customise our site according to your individual interests.

- To speed up your searches.

- To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Please note that our advertisers may also use cookies, over which we have no control.

WHERE WE STORE YOUR PERSONAL DATA

The data that we collect from you will not be transferred to, or stored at, a destination outside the United Kingdom (“UK”). It will not be processed by staff operating outside the UK. Such staff will only use your data for the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access however we cannot guarantee that your information is secure as any system may at any time be vulnerable to attack from known and unknown sources.

USES MADE OF THE INFORMATION

We use information held about you in the following ways:

- To ensure that content from our site is presented in the most effective manner for you and for your computer.

- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

- To carry out our obligations arising from any contracts entered into between you and us.

- To allow you to participate in interactive features of our service, when you choose to do so.

- To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.

If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data,

If we are not authorised to disclose information about identifiable individuals to our advertisers, we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience.

DISCLOSURE OF YOUR INFORMATION

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.

We may disclose your personal information to third parties:

- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

- The Nth Degree Club Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or terms and conditions for membership and other agreements; or to protect the rights, property, or safety of The Nth Degree, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

YOUR RIGHTS

You have the right to ask us not to process your personal data for marketing purposes, We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at The Nth Degree Club Limited at 40 Elizabeth Street, London SW1W 9NZ.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we don not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with these details of the information we hold about you.

CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

CONTACT

Questions, comments and request regarding this privacy policy are welcomed and should be addressed to The Nth Degree Club Limited at 40 Elizabeth Street, London SW1W 9NZ

The Nth Degree Club Limited

November 2011