Empowering The Affluent Traveller
1. TERMS AND CONDITIONS
1.1 This page, together with our Privacy Policy , tells you:
(i) the terms and conditions on which you may make use of our website www.lti-members.com (“our site”), whether as a guest or a registered member; and
(ii) the terms and conditions on which you may register as a member in order to access our services listed on our site (“services”).
1.2 Please read these terms and conditions carefully before you start to use our site or register to any of our services. By using our site or registering as a member, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our site or registering as a member.
2. INFORMATION ABOUT US
2.1 www.lti-members.com is a site operated by LTI Member Services Ltd (“we”).
2.2 We are registered in England and Wales under company number 07647386 and have our registered office and main trading address at 4 Chantry Court, Chester, United Kingdom, CH1 4QN. Our VAT number is 130161372.
2.3 We are a limited company.
3. ACCESSING OUR SITE
3.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period, although we will endeavour to keep downtime to a minimum.
3.2 From time to time, we may restrict access to some parts of our site, or our entire site, to members who have registered with us.
3.3 When you register on our site you will choose a member identification code and password. You must treat such information as confidential, and you must not disclose it to any third party. All information on our site is provided for the sole use of the member who has registered for our services and must not be shared or disseminated in any way.
3.4 We have the right to disable any member identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions and to suspend or terminate your account without refund.
3.5 You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. YOUR STATUS
4.1 By registering as a member of our site, you warrant that:
(i) you are legally capable of entering into binding contracts; and
(ii) you are at least 18 years old.
4.2 If you do not meet the criterion at clause 4.1 above you are not permitted to register as a member of our site and no contract will be formed between you and us.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 When you register as a member of our site it constitutes an offer by you to purchase our services on the basis of these terms and conditions (“order”).
5.2 The contract between us (“contract”) will only be formed when your payment is processed and confirmed by us on the “order summary” screen.
5.3 Each separate registration for our services constitutes a separate legal contract between you and us for the provision of our services on the basis of these terms and conditions.
5.4 We reserve the right at our absolute discretion to refuse membership to our site.
6. SUSPENSION/TERMINATION OF YOUR MEMBERSHIP
6.1 Without limiting our other rights and remedies, we may immediately issue you with a warning, suspend or terminate your membership (without refund) and discontinue provision of our services if:
(i) you share, sell or disseminate the information provided to you through our site in any way;
(ii) you breach these terms and conditions in any other way;
(iii) we are unable to verify or authenticate the information you provide to us; or
(iv) we believe that your actions may cause legal liability for us or for our members.
7. MEMBERSHIP FEES AND PAYMENT TERMS
7.1 The membership fee for our services will be as quoted on our site from time to time, except in cases of obvious error (“membership fee”). Unless otherwise stated, all fees are quoted in US Dollars.
7.2 Membership fees are liable to change at any time, but changes will not affect orders in respect of which you have already received an order summary. All changes to membership fees will be posted on our site.
7.3 It is always possible that, despite our best efforts, some of the membership fees listed on our site may be incorrectly priced. We will normally verify membership fees prior to processing your payment so that, where a service’s price is less than our stated price, we will charge the lower amount when charging you. If a service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before processing your payment, or reject your order and notify you that we are rejecting it.
7.4 If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error, we do not have to provide the services to you at the incorrect (lower) price.
7.5 Payment of membership fees must be paid in full by credit or debit card at the time of registration. We accept payment with Visa, Mastercard and American Express. We will charge your credit or debit card at the time you submit your order for membership. Membership fees are non-refundable, subject to clause 8 below (Cancellation).
7.6 All memberships are for provision of the services for a 12 month period and all memberships carry an automatic renewal agreement. You will be notified 14 days in advance of automatic renewal. You can cancel this automatic renewal at any point during this 14 day period. The credit or debit card used to purchase the original membership will be charged the full and current membership fee on the day of renewal. This will constitute a separate order for services and a separate contract between you and us for provision of the services on the basis of these terms and conditions.
8. CANCELLATION
8.1 If you are contracting as a consumer, you have a statutory right to cancel your contract for any reason in accordance with this clause 8 and receive a full refund. You will receive a full refund of the membership fee in accordance with our refunds policy (set out in clause 9 below). Your statutory right to cancel a contract starts from the date that your payment is processed, which is the date stated on your order summary, and ends 7 days from this date (“cancellation period”). If you access our services before the end of this cancellation period you will have no right to cancel the contract.
8.2 To cancel a contract, you must inform us in writing. You can do this by emailing us before the end of the cancellation period at members@lti-members.com. This provision does not affect your other statutory rights as a consumer.
8.3 If you are contracting as a business you will have no right to cancel the contract once we have processed your payment and you have received an order summary.
8.4 No other cancellation rights apply save for those expressly stated in this clause 8.
9. OUR REFUNDS POLICY
9.1 If you are a consumer and you cancel your contract with us under the provisions of clause 8 above we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the membership fee in full, normally by using the same method originally used by you to pay for your purchase.
9.2 No refunds will be given by us other than as expressly stated in this clause 9.
10. OUR LIABILITY
10.1 Commentary, reports and other materials posted on our site and/or emailed to you as part of our services are our opinions only and are not intended to amount to advice on which reliance should be placed and we do not give any guarantees, conditions or warranties as to their accuracy. You are required to use your own judgement when making decisions based on the information provided by us. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone whom you may inform of any of their contents.
10.2 Subject to the provisions of this clause 10 and any clauses relating to limitation of our liability elsewhere in these terms and conditions, we do not accept any liability to you for any indirect or consequential loss or damage incurred by you in connection with our site or services or in connection with the use, inability to use, or results of the use of our site or services, any websites linked to it and any materials posted on it including but not limited to loss of income, loss of data, loss of profits or loss of business.
10.3 Nothing in these terms and conditions shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
10.4 Subject to the provisions of this clause 10, if we breach these terms and conditions, our liability to you shall not in any circumstances exceed an amount equivalent to the membership fee paid by you.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it or emailed to you as part of our services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any page(s) from our site or reports emailed to you for your personal reference but you shall not re-sell or use any part of the materials on our site or in our reports for commercial purposes without obtaining a licence to do so from us or our licensors.
11.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
11.5 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site and your membership will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12. PROHIBITED USES
12.1 You may use our site only for lawful purposes. You may not use our site:
(i) in any way that breaches any applicable local, national or international law or regulation;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(iii) for the purpose of harming or attempting to harm minors in any way;
(iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(v) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
12.2 You also agree:
(i) not to reproduce, duplicate, copy, re-sell or share any part of our site or the information provided through it in contravention of the provisions these terms and conditions;
(ii) not to access without authority, interfere with, damage or disrupt:
(a) any part of our site;
(b) any equipment or network on which our site is stored;
(c) any software used in the provision of our site; or
(d) any equipment or network or software owned or used by any third party.
12.3 By breaching these provisions, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and your membership will cease immediately.
12.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
13. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
14. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
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.
15. LINKING TO OUR SITE
15.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.2 You must not establish a link from any website that is not owned by you.
15.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the following content standards.
15.4 Content must not:
(i) contain any material which is defamatory of any person;
(ii) contain any material which is obscene, offensive, hateful or inflammatory;
(iii) promote sexually explicit material;
(iv) promote violence;
(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) infringe any copyright, database right or trade mark of any other person;
(vii) be likely to deceive any person;
(viii) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(ix) promote any illegal activity;
(x) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(xi) be likely to harass, upset, embarrass, alarm or annoy any other person;
(xii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(xiii) give the impression that they emanate from us, if this is not the case; or
(xiv) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
15.5 If you wish to make any use of material on our site other than that set out above, please address your request to members@lti-members.com.
16. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. UPLOADING MATERIAL TO OUR SITE
17.1 Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in clause 15.4. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
17.2 Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
17.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
17.4 We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in clause 15.4.
18. 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.
19. NOTICES
All notices given by you to us must be given to LTI Member Services Ltd at members@lti-members.com. We may give notice to you at either the e-mail or postal address you provide to us when registering as a member of our site, or in any of the ways specified in clause 18 above. 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.
20. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A BUSINESS
20.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
20.2 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.
20.3 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.
20.4 This clause 20 does not apply if you are contracting as a consumer. Please see clause 21.
21. TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
21.1 We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this contract.
21.2 You may only transfer your rights and obligations under this contract if we agree to this in writing.
21.3 This clause 21 does not apply if you are a business. Please see clause 20.
22. EVENTS OUTSIDE OUR CONTROL
22.1 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”).
22.2 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:
(i) strikes, lock-outs or other industrial action;
(ii) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(iii) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(iv) impossibility of the use of public or private telecommunications networks;
(v) the acts, decrees, legislation, regulations or restrictions of any government; and
(vi) pandemic or epidemic.
22.3 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.
23. WAIVER
23.1 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 will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
23.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
23.3 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 19 above.
24. SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract 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.
25. ENTIRE AGREEMENT
25.1 These terms and conditions and any document expressly referred to in them 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 contract.
25.2 We each acknowledge that, in entering into a contract, neither of us relies on, or will have any remedies in respect of, 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.
25.3 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.
25.4 Nothing in this clause limits or excludes any liability for fraud.
25.5 If you are contracting as a consumer, this clause 25 does not apply. Please see clause 26.
26. OUR CONTRACT WITH YOU
26.1 If you are contracting as a consumer, we intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
26.2 If you are contracting as a business, this clause 26 does not apply. Please see clause 25.
27. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
27.1 We have the right to revise and amend these terms and conditions from time to time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
27.2 In respect of contracts made through our site, you will be subject to the policies and terms and conditions in force at the time that you register for our services, 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 process your payment and send you your order summary.
28. THIRD PARTY RIGHTS
A person who is not party to the contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
29. JURISDICTION AND APPLICABLE LAW
29.1 The English and Welsh courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or any contract for the provision of services made through our site.
29.2 These terms and conditions and any contract made through our site 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) shall be governed by and construed in accordance with the law of England and Wales.
30. LAWS OUTSIDE OF ENGLAND AND WALES
The laws of your country may be different from those of England and Wales in numerous respects. There is no practical way for us to monitor the laws of every country in detail. Please do not assume that you are allowed to do what others members do. You accept sole responsibility for the legality of your actions under laws applying to you when using our site.
31. YOUR CONCERNS
If you have any concerns about material which appears on our site, please contact members@lti-members.com.