YOU MUST READ THESE TERMS CAREFULLY BEFORE MAKING ANY APPLICATION WITH CLUBAKTIV AND RETAIN A PAPER COPY OF THESE TERMS AND YOUR ORDER FOR FUTURE REFERENCE.

1.  DEFINITIONS
Event” / “Events” mean(s) any of the activities or events organised by ClubAktiv.
Member” means any Member of ClubAktiv or any person or persons intending to or who have applied for Membership of ClubAktiv.  Membership does not imply any interest as a shareholder
“Site” means all websites listed below in clause 2.1 together with all material on those websites or sent to you by e-mail or by any other means. Reference to the Site includes all intellectual property rights on the Site including but not limited to copyright, trade marks, database, member details and moral rights.
Supplier” means any third party supplier or organiser of an Event.
“Terms” mean these terms and conditions and any subsequent amendments as may be notified to you.
“You” means any person who is a member prospective member or past member of ClubAktiv or where the context permits a guest of a member
2 FORMATION OF THE CONTRACT
2.1 These terms apply to all services and any goods supplied by ClubAktiv through the following domain clubaktiv.
2.2 Any quotation or information given by ClubAktiv is only an invitation to you to apply for membership with ClubAktiv or to take part in an Event. No contract exists between you and ClubAktiv until ClubAktiv or as the case may be the Supplier has received and accepted your application and sends you a confirmation of acceptance.
2.3 Except where the Event description says otherwise ClubAktiv is acting as a disclosed agent for Third Party Suppliers and the Events are under the control of those third parties subject to their terms and conditions. These Terms and Conditions will be available on the Site or ClubAktiv will tell you where they can be found.  ClubAktiv has no responsibility for the manner of delivery of the Event.  As Agent ClubAktiv does not have contractual liability to you for the event or for the negligence or breach of contract by the Supplier.
3 MEMBERSHIP AND FEES
3.1 Membership subscriptions will be specified in ClubAktiv’s  Application form on ClubAktiv’s Site. All subscriptions and any other sums payable to ClubAktiv are payable in GB Pounds sterling and in your application for membership you agree that ClubAktiv may issue you with invoices in electronic format by e-mail should it wish to do so.
3.2 ClubAktiv may change its policy on subscriptions at any time and any change will be effective at the next renewal date after the expiry of 1 month following the date of posting the change on the Site.
3.3 The subscription is payable annually in accordance with the sums set out on the Site.  Any membership card issued by ClubAktiv remains the property of ClubAktiv.  For administrative purposes the card will show an annual expiration date. If the monthly or annual subscription is not paid within 7 days of the periodic renewal date the card shall thereupon be returned to ClubAktiv and membership shall immediately be cancelled or suspended at the option of ClubAktiv.
3.4 You have the right to cancel the application for membership at any time up to the end of seven working days after your application for Membership is submitted via the Site.  A working day is any day other than weekends and bank or other public holidays.
3.4 Cancellation of membership is by written notice to ClubAktiv by hand or post, fax or email, at the address, fax number or email address shown on the Site, giving details of your membership.
3.5 ClubAktiv has the right in its absolute discretion to limit the number of members to refuse membership or renewal for any reason or to expel a member or prevent any member or guest from taking part in or continuing at any Event.
3.6 Membership is not transferable.
EVENTS AND PAYMENT FOR EVENTS
4.1 Every effort is made to ensure that prices for Events shown on ClubAktiv’s site are accurate.  If an application to take part has been accepted and an error is found ClubAktiv will inform you as soon as possible and offer you the option of reconfirming your application for the Event at the correct price or cancelling your application for that Event.  If you cancel because of such error ClubAktiv will refund or re-credit you for any sum that has been paid by you except where the terms and conditions of the Supplier say otherwise.
4.2 Payment for any Event may be made by transfer from your Bank Account or by payment or debit card. If payment is made on line or by credit card ClubAktiv shall apply a charge of 4% to cover the fees or commission charged to ClubAktiv.  Payment shall be made in GB Pounds sterling.  No payment for any Event shall be deemed to have been received until ClubAktiv has received cleared funds.  If payments are made by cheque drawn on a UK branch of a UK bank 6 working days shall be allowed for clearance from the day the cheque is received by ClubAktiv or such longer period as shall be required by ClubAktiv’s bankers.
4.3 ClubAktiv shall not be responsible or liable in any way whatsoever for the cancellation of an Event other than as provided by this clause and clause 4.4.  Where cancellation arises and is the fault of the supplier of an Event the terms and conditions of that supplier shall apply.  ClubAktiv will use reasonable endeavours to recover payment of the monies paid by the member for the Event but shall not be obliged to commence legal proceedings.
4.4 ClubAktiv gives no warranty that the provider of an Event will accept your booking or application or that such provider will not cancel or vary the Event.  If an Event requires a minimum number of participants and that number has not been accepted by the deadline date set out on the Site ClubAktiv or the Supplier may cancel the Event and liability shall be limited to the return of the sum paid by you.
4.5 Some variations to the published times or arrangements for an Event may be made by the Supplier.  They may be no right to cancel or obtain a refund for the changes such as timing or the precise nature of equipment used, or programme or content.  Some Events are dependant on weather or other factors outside the control of ClubAktiv or the Supplier and no right to cancellation or refund exists in these circumstances unless the Terms and Conditions of the Supplier says otherwise.
4.6 Should you wish to cancel your participation in an Event after placing a booking you must notify ClubAktiv in writing by hand post fax or e-mail at the address fax number or e-mail address then shown on the Site.  Only if the Event is fully subscribed and another member applies to participate in such Event and takes the cancelling member’s place shall ClubAktiv refund the price paid by the cancelling member but not otherwise.
4.7 At all times you shall conduct yourself in your relations with other Members or their guests or the General Public or Third Parties in a responsible and careful manner.  Members failing to behave correctly may be expelled, suspended or prevented from continuing with an event. Suppliers or other event organisers can refuse admission if in their opinion you may be a risk to others or yourself or you are affecting the enjoyment of others or the running of the event whether through drink, drugs or otherwise.
4.8 When participating in an Event which requires you to provide clothing equipment tools or appliances you or your guest must supply what is required suitable for use and shall cause no damage nuisance or annoyance to any other member or third party.  ClubAktiv shall not be responsible for the care maintenance or repair of such clothing equipment tools or appliances.
4.9. You must ensure that you are physically fit and capable of taking part in any Event for which you subscribe and in applying to take part in such Event you warrant to ClubAktiv that you are physically suited to take part in such Event and will remain so throughout the Event.
4.10. In applying to take part in an Event you acknowledge that the terms and conditions of the Supplier shall apply to the Event and it is your responsibility to familiarise yourself with the terms and conditions of the Supplier and the rules regulations and safety policy governing the Event.  If relevant equipment is supplied by the Supplier ClubAktiv shall not be liable for defects in or shortages of such equipment or parts thereof. You will at all times use equipment (whether supplied by you or other members or the Supplier) in accordance with the guidance and advice given by the relevant equipment supplier or the Supplier. You shall have no claim against ClubAktiv for any failure by the Supplier to supply adequate equipment instruction information or advice or to ensure that the Event is suitably organised managed or controlled
4.11. Unless otherwise stated it is your responsibility to arrange travel to the Event and where applicable to comply with any passport, visa or inoculation requirements.
4.12. If tickets or vouchers are issued by the Supplier, it is the Supplier’s responsibility to despatch them.  If tickets or vouchers are required and you do not have them 4 days before the Event, email ClubAktiv and ClubAktiv will investigate.  If the event is booked at a time when it would be impractical to despatch tickets, arrangements will be made for them to be collected at the event.
4.13 The right to participate in an event is not transferable.
4.14 You must provide proof of membership (e.g. membership card) at Events when requested to do so.  Failure to do so may lead to inability to participate in an Event.
4.15 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
4.16 Participation in all Events is at your risk or is governed by the Suppliers’ Terms & Conditions. Because of the risk attached to some events you may be required to sign a form of disclaimer of liability as a condition of taking part.  When refusal to do so prevents your participation in the Event ClubAktiv shall have no liability to provide compensation.
5      DELAYED DELIVERY; FORCE MAJEURE ETC
Delayed delivery or failure of ClubAktiv to comply with any obligation hereunder whether for an Event or otherwise due to war, civil commotion, strikes, lock-outs, machine breakdown, fire or force majeure or any cause whatsoever beyond ClubAktiv’s control will not involve liability on  the part of ClubAktiv and ClubAktiv shall be entitled as its option to cancel the  order or any part thereof or to postpone the Event
6 INSURANCE
6.1 In view of the potentially dangerous nature of certain Events you are recommended to obtain your own personal accident and third party liability insurance through companies of your own choice and to suit your personal circumstances. Members shall have full responsibility for arranging their own suitable insurance.
7. DATA PROTECTION
7.1  ClubAktiv will take all reasonable precautions to keep the details of your applications and payment secure, but unless ClubAktiv is negligent, ClubAktiv will not be liable for unauthorised access to information supplied by you and in any event only to the value of the transaction conducted with ClubAktiv. Subscription payments are made online via PayPal. ClubAktiv does not have access to your credit card details.
7.2 ClubAktiv shall have no responsibility for loss or damage sustained by you arising from the passage of any computer virus or other damaging electronic message.
8 INDEMNITY
You agree to indemnify and hold ClubAktiv harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your breach of these Terms or arising from your negligence or breach of duty.
9. LIMITATION OF LIABILITY
9.1 ClubAktiv is not responsible for the acts or other actions by other members or guests.
9.2 Nothing in these conditions excludes or limits the liability of ClubAktiv:   
9.2.1  for death or personal injury caused by the  negligence of ClubAktiv its officers or employees;
9.2.2  for any matter for which it would be illegal for ClubAktiv to exclude or attempt to exclude liability; or
9.2.3 for fraud or fraudulent misrepresentation.
9.3 Subject to clause 9.2.
9.3.1  ClubAktiv’s 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 its obligation shall be limited to the membership fee or the price of the Event; and
9.3.2 ClubAktiv shall not be liable to You for any pure economic loss, loss of profit, loss of business, or otherwise, whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Site, membership or an Event.
10. GENERAL
10.1 ClubAktiv may amend these Terms at any time by giving You notice ("Notice") by either e-mail or by posting the amended Terms on the Site. Any amended Terms will govern new transactions from the date that it is posted on the Site. Existing members will be bound by the amended Terms after the expiry of 30 days following the date of a Notice.
10.2 Each right or remedy of ClubAktiv under the Terms is without prejudice to any other right or remedy of ClubAktiv whether under the Terms or not.
10.3 If any provision of the Terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Terms and the remainder of such provision shall continue in full force and effect.
10.4 Failure or delay by ClubAktiv in enforcing or partially enforcing any provision of the Terms will not be construed as a waiver of any of its rights under the Terms.
10.5 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
10.6 Neither ClubAktiv or you intend that any term of this Contract will be enforceable by any person that is not a party to it other than someone to whom ClubAktiv transfers its rights under this Contract.
10.7 ClubAktiv may assign the benefit of any contract to any person, firm or company.