Membership is subject to our full Terms and Conditions as detailed below.
Fabyouless is a membership organisation for like-minded individuals. For your continued enjoyment, Fabyouless is an on-going subscription service. This means that at the end of each paid membership period your subscription will automatically renew unless cancelled.
Automatic renewal applies to memberships where you have directly provided us with details from which to take payment, except gift purchases.
If you have received your Fabyouless membership for free as part of a promotion your membership automatically ceases at the the expiry date of the membership.
You can cancel your membership at any time up until the renewal date as detailed in your membership confirmation email and online account. To cancel, log in to your online account at fabyouless.co.uk using the details you provided when you signed up. Once you have successfully cancelled you will receive a cancellation code and you will not be charged for any future membership periods.
MEMBERSHIP AGREEMENT for Fabyouless (the “Agreement”) is made between You (“the Member”); and
Fireball Media Limited, trading as Fabyouless, a company registered in England and Wales under company number 04202260 and with our registered office at Cholmondeley House, Dee Hills Park, Chester, CH3 5AR (“FC”).
- Service Description: “Fabyouless” is a membership service provided by FC to the Member consisting of a portfolio of benefits from third party suppliers that are designed to make the Member’s experiences more attractive. The service specialises in providing benefits and discounts in health, beauty, wellbeing and fitness venues throughout the United Kingdom, as detailed in clause 5.
- Registration of your details: By placing an order for Fabyouless membership, you warrant that you are legally capable of entering into binding contracts. You agree to provide FC at registration either via our website, telephone or post (“registration”) a correspondence address, (email and/or postal) and either a credit/debit card or mobile phone number (“billing device”). You must inform FC immediately of any changes to your correspondence addresses by either contacting FC via your online account or by e-mail at firstname.lastname@example.org
- Commencement of membership: Upon registering and providing your details your membership will commence. You will be emailed details of your membership and will be able to use our website and mobile apps to access your digital membership card.
- Risk and Title: The membership card provided (“the products”), will be at your risk from the time of despatch. Ownership of the products, including but not limited to the membership card, is retained by FC at all times.
- Accessing venue discounts: You can use our website and mobile apps to search for participating venues and the availability of offers. The discount provided by venues is a 25% discount on their services. Please check the details for the individual venue for specific details of the offer and any restrictions. Some venues require you book in advance by telephone using the telephone number displayed on their page of the website. When you telephone the venue you must state that you are a Fabyouless member. The Fabyouless discount cannot be used in conjunction with any other offers or special promotions. Your Fabyouless card must be presented to receive the discount.
- Notices: FC will alert you to revisions to this agreement including the membership fee with a minimum of 7 days notice, either on our website, email communication or by writing to you (“notice”). FC is not liable for non-receipt of any notice, but will do its utmost to endeavour they are received and read by you. In proving any notice has been served by us it will be sufficient to prove that we addressed it and sent it to the address provided by you. In accordance with section 2 you must inform us of any changes to your details.
- Communication: For contractual purposes, you agree to 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 communications be in writing.
- Membership Fee: You agree that FC will charge you each term for the Fabyouless service (“membership fee”). The amount the membership fee is will be detailed at your registration or via any subsequent notices. You authorise FC ongoing and recurring permission to access funds from any billing device you have provided to FC in order to take the membership fee or other charges.
- Additional charges: FC may levy additional charges that it incurs in recovering your membership fee, including legal and administration costs.
- Membership Term: Fabyouless is an on-going membership subscription service. We will grant you an “initial term” of membership that will be detailed in the registration. When you purchase your membership directly from the Fabyouless web site, your membership is automatically renewed at the end of your initial term and is automatically renewed at the end of each subsequent term until cancelled.
- Lost membership cards: If your membership includes a physical membership card, FC will assume that you have received your membership card within 10 days of completing your Registration. If you do not receive your membership card within 10 days you must inform FC. If you report your membership card as lost after 10 days you will be liable to pay for a replacement membership card.
- Cancelling your membership: To cancel your membership you must complete the online cancellation process prior to your renewal date. In order to cancel your membership you must return all property of FC, including but not limited to any membership cards that are valid for a term that has not yet been paid for. Our property will only be deemed to have been returned to us when we receive it our offices at Parkfields, Plough Lane, Christleton, Chester, CH3 7BA (for your own peace of mind and avoidance of doubt we strongly advice using a signed for delivery method, such as Royal Mail Special Delivery).
- Our Refund Policy and Your Consumer Rights:
13.1 You have the right to cancel your initial term of membership with us within 14 days from your receipt of your membership documentation (“cooling-off period”).
13.2 If you cancel your membership within the cooling-off period, you will be entitled to a refund of your membership fee, less a pro-rata charge for the period of membership and our £5 administration charge, which is a genuine pre-estimate of the economic loss we will suffer in the event of a cancellation. Refunds will be subject to the return of your Fabyouless Card (where appropriate) and you will be responsible for the cost of returning your Fabyouless Card. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the cooling-off period has expired.
13.3 If you cancel your membership after the cooling-off period, you will not be entitled to a refund of your membership fee.
- Limitation of Liability: This section (and any other section excluding or restricting our liability) applies to FC’s directors, officers, employees, subcontractors, agents and affiliated companies as well as to FC. Nothing in your agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. Without prejudice to the rest of your agreement, FC’s liability of any kind in respect of any services or otherwise shall be limited to the amount equal to fees payable by you in any 12 month period under your agreement. In no event will we be liable for any: (a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); (b) loss of goodwill or reputation; (c) losses that you incur that were not reasonably foreseeable to you and FC when your agreement was entered into, or damage to or loss of data, to the extent that this was not in the contemplation of FC and you at the commencement of the membership period and is not attributable to FC’s negligence or breach of your agreement.
FC will not pay for losses arising from our inability to provide the services in the event of war, terrorism, invasion, an act of foreign enemy, hostilities (whether war be declared or not), riot, strike, civil commotion, civil war, revolution, insurrection or military or usurped power or for any reason that is beyond our reasonable control.
FC is not liable for any venue or third party provider that refuses to honour the advertised promotion or discount.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
- Changes and removal of third party suppliers: On occasions we will remove or amend offers or promotions provided by venues and other third party providers from the Fabyouless Card. We endeavour to replace them with similar establishments but we shall have no liability for any such withdrawals or changes in terms or availability.
- Waiver: If we fail, at any time during the term of the agreement, to insist upon strict performance of any of your obligations under the agreementt 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 agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 7 above.
- Severability: If any of this agreement or any provisions 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.
- Entire Agreement: This agreement and any document expressly referred to here constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any agreement.
We each acknowledge that, in entering into a contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Our right to vary the terms and conditions and this agreement: 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.
You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or the agreement 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 the agreement before we send you the Fabyouless Card (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 Fabyouless Card).
- LAW AND JURISDICTION: This agreement and the Fabyouless Card and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.