CLUBFUNDER SUBSCRIPTION TERMS OF USE

Version 1.1

Effective 12 March 2024

Please read these Terms carefully and check them regularly as they may change from time to time, subject to Section 3, below.

Applicability: These Subscription Terms of Use (these “Subscription Terms”) provide the general terms and conditions that govern your monthly subscription with ClubFunder for the ClubFunder website located at www.ClubFunder.co.uk (the “Website”) regarding the subscription services offered to you on the Website and more fully described in Section 5, below (the “Subscription Services”). To make these Subscription Terms easier to read, your use of the Subscription Services, the Website and the ClubFunder applications made available through the Website (the “Software”), along with the ClubFunder-controlled social media pages and any content, functionality, and services offered on or through the Website, Software and social media pages, shall also be subject to and governed by the Terms of Use, which can be accessed at www.ClubFunder.co.uk. If there is any inconsistency between these Subscription Terms and the Terms of Use in relation to the Subscription Services, these Subscription Terms shall prevail.
Please Note: Each of the promotional prize draws (the “Prize Draws”) offered on the Website are also governed by additional terms and conditions. Prior to participating in any Prize Draw please carefully read the Experience Rules (located on the footer of the Website) and the Official Rules.
Your Acceptance of These Subscription Terms: You accept and agree to be bound by these Subscription Terms when you register and pay for the Subscription Services. By purchasing a subscription, you agree your access to the Subscription Services will start immediately. Please see Subsection 5(F), below, for your cancellation rights. If you do not wish to be bound by these Subscription Terms, you may not register for or pay for the Subscription Services.

Changes to these Subscription Terms: ClubFunder may modify these Subscription Terms at any time, in our sole discretion. To the extent permitted by law, all changes are effective immediately when we post them and apply to all access to and use of the Subscription Services thereafter, save in respect of any changes that impact on your Subscription Services and/or Membership Fees as set out in Subsection 5(D) below. Your continued use of the Subscription Services following the posting of revised Subscription Terms means that you accept and agree to the changes. You are responsible for checking these Subscription Terms regularly to ensure that you understand the Subscription Terms that apply at the time of your access to or use of the Subscription Services.
Age Requirement: You must be at least 18 years old and a legal resident of the United Kingdom to use the Subscription Services.
Subscription Services: The Subscription Services are offered only for your personal, non-commercial use, and not for the use or benefit of any third- party. We may, in our sole discretion, refuse to offer some of or all of the Subscription Services to any person who is receiving the Subscription Services (a “Subscriber”, “you”, or “your”), or to any potential Subscriber.
1. Once a Participant is registered with ClubFunder under the Official Rules then to become a Subscriber, please visit the Website and select your chosen monthly cash draw (‘Monthly Subscriber Cash Draw’). Select the number of entries required and then select ‘Buy Subscription’ and complete your payment. Your use of the Subscription Services (“Membership”) will include receiving an automatic set number of entries into each applicable Monthly Subscriber Cash Draw available on the Website during each month of the Subscriber’s active Membership. Each Subscriber must provide ClubFunder with one or more Payment Methods (as defined in Subsection 5(B), below) in order to maintain Membership. We may from time to time offer special promotional offers to Subscribers (“Offers”). Offer eligibility is determined by ClubFunder at its sole discretion and we reserve the right to revoke an Offer and put a Subscriber’s Membership on hold in the event that we determine Subscriber is not eligible. We may use information such as a Payment Method or an Account email address used with an existing Membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
2. Membership Fees and Payment Method(s): All fees in connection with a Subscriber’s Membership (collectively “Membership Fees”) will be charged to Subscriber at the time of initial subscription and on or around the same date of each calendar month thereafter. You authorise us to store your Payment Method and to automatically charge your Payment Method every month until you cancel. We will automatically charge you the applicable Membership Fees for your Membership every month upon renewal until you cancel in accordance with Subsection 5(F), below. If your primary Payment Method fails, then you authorise us to charge any other Payment Method in your Account. If you have not provided us with a backup Payment Method(s) and you fail to provide payment or if all Payment Methods in your Account fail, then the Subscriber will not receive any entries during that applicable calendar month however in each subsequent calendar month payment may still be taken and entries obtained. Alternatively, with notice to you via email, we may suspend any further renewal of your Membership until you have provided a successful Payment Method(s). You may edit your Payment Method(s) at any time by visiting your Account. We may also update your Payment Method(s) using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s). “Payment Methods” means a current, valid and accepted method of payment, as may be updated from time-to-time, and which may include payment through your Account.
3. Membership Term: Your Membership will commence as soon as your initial payment of the Membership Fees is processed and will automatically renew each month without notice until you cancel in accordance with Subsection 5(F), below (the “Membership Term”).
4. Changes to Subscription Services and/or Membership Fees: ClubFunder reserves the right to change the Subscription Services and/or adjust the Membership Fees in any manner and at any time as ClubFunder may determine in its sole and absolute discretion, provided that any changes to a Subscriber’s Subscription Services or changes to a Subscriber’s Membership Fees will take effect following notice to Subscriber and at the next billing cycle, and Subscriber will have the option to cancel at any time in accordance with Subsection 5(F), below.
5. Cancellation and Suspension by ClubFunder: ClubFunder reserves the right to cancel or suspend the Subscription Services at any time and for any reason. ClubFunder will notify Subscriber prior to any such cancellation or suspension. In addition, if Subscriber fails to timely pay any Membership Fees in accordance with these Subscription Terms, ClubFunder may, without limiting any of its other rights or remedies, suspend or cancel the Subscription Services. The Subscription Services and the billing of any Membership Fees shall be suspended during any period of Membership suspension. ClubFunder shall not resume Subscription Services, including any billing for any Membership Fees, following a Membership suspension without the express approval and consent of Subscriber. Any entries into an applicable Prize Draw(s) received prior to the date of any such cancellation or suspension will remain eligible, subject to any eligibility requirements detailed within the Official Rules for the applicable Prize Draw(s).
6. Cancellation by Subscriber: Subscriber may cancel Subscriber’s Membership at any time and for any reason via one of the following two methods of cancellation described in Subsections 5(F)(i) and (F) (ii), below. Upon cancellation, Subscriber will continue to receive the Subscription Services through to the end of the applicable billing cycle, and will not be charged any Membership Fees thereafter:
  1. You may cancel your Membership at any time by visiting your Account page and selecting the “Subscriptions” link and click “Manage All” with respect to the subscription that you wish to cancel; or
  2. You may cancel your Membership at any time by completing and submitting the following “Model Cancellation Form” via email to hello@ClubFunder.co.uk.
7. Refunds: Membership Fees support a good cause and entry to the Prize Draw(s) may enable you to win an awesome Prize(s). A proportion of each Membership Fee supports an applicable charitable organisation and helps the charity create real impact. As such, ClubFunder will not provide refunds for a Membership Fee after a Drawing has occurred. If you have any questions about refunds in connection with your Membership, you may contact ClubFunder for assistance via email at hello@ClubFunder.co.uk. If you are refunded, any entries into an applicable Prize Draw(s) associated with such Membership Fees will be withdrawn and are not eligible to win.
8. Termination of Right to Use Subscription Services: We have the right to suspend, delete and/or disable your access to the Subscription Services (or any part thereof) for any lawful reason, including if we reasonably determine that you have violated these Subscription Terms or that your conduct or User Contribution (as defined in the Terms of Use) would damage ClubFunder’s reputation or goodwill. If ClubFunder terminates your use of the Subscription Services, you may not re- register for or continue to use the Subscription Services under any other email or Account without explicit permission by ClubFunder. Any entries into an applicable Prize Draw(s) received prior to the date of the termination of your right to use the Subscription Services will remain eligible, subject to any eligibility requirements detailed within the Official Rules for the applicable Prize Draw(s).
Account Registration and Security: To enjoy full access and use of our Subscription Services, you may be asked to provide certain registration details or other information to create a user account (an “Account”).
1. Account Information: It is a condition of your use of the Subscription Services that all the information you provide is correct, current, and complete. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third-party rights, is against the law, or that is offensive, obscene, or otherwise objectionable. You agree to promptly notify us if any of your information changes or is inaccurate.
2. Account Security: Your Account is for your personal use only. You may not allow others to use your Account and may not or transfer your Account to any other person or entity. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your Account after using the Subscription Services. You are responsible for all activity that occurs under your Account, including any activity by unauthorised users, unless you can demonstrate that any unauthorised use was not due to your fault or negligence. If you suspect or know of unauthorised access to your Account, change your password and immediately notify ClubFunder by sending an email to hello@ClubFunder.co.uk.
Privacy Notice: Please review the Privacy Policy to learn about (A) what information we may collect about you, (B) what we use that information for, and (C) with whom we may share your information.
Disclaimer of Warranties: THE SUBSCRIPTION SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CLUBFUNDER MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SUBSCRIPTION SERVICES IS AT YOUR SOLE RISK. CLUBFUNDER DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SUBSCRIPTION SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE OPERATION OF THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SUBSCRIPTION SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLUBFUNDER PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT THE SUBSCRIPTION SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
BREACH OF THESE Subscription TERMS: You are responsible for compensating the following persons in full for any losses or damage they suffer which is caused by your breach of these Subscription Terms: ClubFunder and its parents, subsidiaries, and affiliated companies, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”).
Limitation of Liability; Sole and Exclusive Remedy: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ARE NOT RESPONSIBLE AND WILL HAVE NO OBLIGATION OR LIABILITY RESULTING FROM (I) INCORRECT OR INCOMPLETE INFORMATION, WHETHER CAUSED BY YOU OR OTHERWISE, TECHNICAL ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILISED BY CLUBFUNDER; (II) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO OUTAGES, MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE OR SCHEDULED OR UNSCHEDULED MAINTENANCE; (III) THE USE OR THE INABILITY TO USE THE SUBSCRIPTION SERVICES; (IV) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (VI) ANY OTHER MATTER RELATING TO THE SUBSCRIPTION SERVICES; (VI) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR (VII) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SUBSCRIPTION SERVICES, EVEN IF CLUBFUNDER AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLUBFUNDER’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED POUNDS (£100). YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE SUBSCRIPTION TERMS AND ANY PROBLEMS OR DISSATISFACTION WITH THE SUBSCRIPTION SERVICES, THE WEBSITE OR ANY PORTION OF THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT AND YOUR MEMBERSHIP, AND DISCONTINUE USE OF THE SUBSCRIPTION SERVICES, THE WEBSITE AND THE SOFTWARE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE LIABILITY OF CLUBFUNDER AND ITS AFFILIATES HEREUNDER SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Contracting Entity, Governing Law; Jurisdiction: Subscribers are contracting with Lotingo Limited.
All matters relating to the Subscription Services and/or these Subscription Terms, and any dispute or Claim arising therefrom or related thereto (in each case, including non-contractual disputes or Claims), shall be governed by and construed in accordance with the laws of England and Wales. You can bring proceedings in respect of these Subscription Terms in the English courts. However, as a consumer, if you live in another part of the UK you will also benefit from any mandatory provisions of your local laws and can bring legal proceedings in respect of these Subscription Terms of Use in either the English courts or the competent court of your country of habitual residence.
General
1. Relationship of Parties: You agree that no joint venture, partnership, employment, or agency relationship exists between you and ClubFunder because of these Subscription Terms or your use of the Subscription Services.
2. Assignment: ClubFunder may assign these Subscription Terms, in whole or in part, to any person or entity at any time with or without your consent, provided that such assignment will not affect your rights or obligations under these Subscription Terms, ClubFunder will notify you in advance of such assignment, and you may request a refund of your most recent Subscription Payment in the event you object to ClubFunder’s assignment of these Subscription Terms. You may not assign these Subscription Terms without ClubFunder’s prior written consent, and any unauthorised assignment by you shall be null and void.
3. Equitable Remedies: You hereby agree that ClubFunder would be irreparably damaged if the terms of these Subscription Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Subscription Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
4. Force Majeure: Neither you or ClubFunder will be liable for any failure or delay in performance under these for causes beyond the other party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-performing party through the use of commercially reasonable, alternate sources.
5. No Waiver: If we fail to insist that you perform any of your obligations under these Subscription Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
CONTACTING CLUBFUNDER: All questions and concerns regarding these Subscription Terms should be directed to hello@ClubFunder.co.uk. Alternatively, you can write to us at: Lotingo Limited, Units8/9 Parsons Court, Welbury Way, Aycliffe Business Park, Newton Aycliffe, County Durham DL5 6ZE, Attn: ClubFunder Customer Service.