Affluent Attaché Club: Mitgliedschaftsbedingungen

1.     Interpretation

1.1 “MEMBER” means the person or company who is named on The Lifestyle Club Application for Membership form and for whom, following acceptance by The AFFLUENT ATTACHÉ CLUB (‘the Club’), the Club has agreed to provide services to, in accordance with these terms.

1.2 “MEMBERSHIP” means the period of time when a Member is contracted to the Club.

1.3 “SPECIFIED SERVICE” means the service provided by the Club and set out in the literature provided with these terms.

1.4 “CLUB” means The AFFLUENT ATTACHÉ CLUB division of Intervallo Consulting Group Inc. at 1251 N. Maple Dr. Beverly Hills, CA 90210

1.5 “REGISTRATION FEE” means the one-off payment made by the Member to the Club to cover initial administration and membership costs.

1.6 “YEARLY PAYMENTS” means the payments due to the Club at yearly intervals throughout the Contract Term and thereafter until the agreement are terminated by either party in accordance with these terms.

1.7 “CONTRACT TERM” means the initial 12 month period from the date when the Member signs the Application for Membership form.

 

2.     Agreement to these Terms

When applying for membership of the Club, the Member confirms that it has read and agrees to be bound by these Club Terms and Conditions. Upon membership being accepted, the Member will be provided with its own copy of the Club’s Terms and Conditions and they should be retained for future reference.

 

3.    Supply of the Specified Service

3.1 The Club shall provide the Specified Service to the Member subject to these terms.

3.2 The Club shall use its reasonable endeavors to provide the Specified Service within the advertised times.

3.3 The Club may at any time without notifying the Member make any changes to the Specified Service which are necessary to comply with any safety or other statutory requirements and/or which do not materially affect the nature or quality of the Specified Service.

3.4 Any other changes or additions to the Specified Service or to these Terms will be notified to the Member in writing by the Club in advance of those changes taking place.

 

4.      Contract Term and Payments

4.1 Membership of the Club is for an initial Contract Term of 12 months from the date of signing the application form. Registration and the yearly fees are due on sign up; the Club will raise invoices to reflect the Payments due for the Contract Term.

4.2 Following the expiry of the Contract Term, membership and payments will continue until either party terminates in accordance with these terms.

4.3 All charges quoted to the Member for the provision of the Specified Service are exclusive of applicable state taxes, for which the Member is liable at the prevailing rate, and these must be paid without deduction or set-off.

4.4 Should a Yearly Payment be late or remain unpaid during the Contract Term, the remaining Yearly Payments up to the end of the Contract Term will be due immediately, plus interest at a rate of 5%, and the Club will suspend the Specified Service.

4.5 If overdue Yearly Payments are not received within 30 days of the Club requesting them, debt collection proceedings will be commenced and any fees incurred charged to the Member.

 

5.      Warranties and Liability

5.1 The Club warrants to the Member that the Specified Service will be provided using reasonable care and skill as far as reasonably possible. Where the Club uses the service of any agent or third party (such as speakers at events) the Club does not give any warranty, guarantee or indemnity in that respect.

5.2 Except in cases of death or personal injury caused by the Club’s negligence, the Club shall not be liable to the Member by reason of any representation (unless fraudulent or negligent) for any loss of profit or any indirect, special or consequential loss, damage costs, expenses or other claims (whether caused by the negligence of the Club or its agents or otherwise) which arise out of or in connection with the provision of the Specified Service and the entire liability of the Club under or in connection with the Specified Service shall not exceed twice the amount of the Club’s charges for the provision of the Specified Service, except as expressly provided in these Terms. This warranty is in lieu of all other terms, conditions and warranties, expressed or implied statutory or otherwise and any other liabilities whatsoever and howsoever arising.

5.3 The Club shall not be liable to the Member or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of the Club’s obligations in relation to the Specified Service, if the delay or failure is due to any cause beyond the Club’s reasonable control, and time shall not be of the essence.

5.4 AFFLUENT ATTACHÉ CLUB may make changes to this agreement and will post such changes and updates on the website/platform as time will allow.

5.5 YOUR CONTINUED USE OF THIS SERVICE NOW, OR FOLLOWING THE POSTING OF THE NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.

5.6 AFFLUENT ATTACHÉ CLUB and its employees, vendors or partners are in no way responsible for any third party costs that you may incur while using AFFLUENT ATTACHÉ CLUB website/platform or any affiliated software. AFFLUENT ATTACHÉ CLUB is in no way, shape or form responsible for lost time, wages and reputation, punitive or otherwise, while using AFFLUENT ATTACHÉ CLUB website/platform. If there is any perceived hardware or software damage that may occur while using AFFLUENT ATTACHÉ CLUB website/platform, AFFLUENT ATTACHÉ CLUB is not responsible for repair and may at its discretion provide you with use of its resources.

5.7 AFFLUENT ATTACHÉ CLUB may change, suspend or discontinue any aspect of the website/platform and its services at any time, including but not limited to any use of AFFLUENT ATTACHÉ CLUB software, database, or anything that is related to your participation, in the AFFLUENT ATTACHÉ CLUB community and website/platform to all parts without notice, and AFFLUENT ATTACHÉ CLUB is in no way liable if and when such a suspension occurs.

 

6.    Termination of Membership

6.1 The Member may terminate the contract by giving 2 month’s written notice to the Club. If notice is given during the Contract Term, the Member remains liable for the Yearly Payments for the remaining period of the Contract Term.

6.2 Either party may at any time terminate the contract by immediate written notice if the other commits any material breach of these terms or goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.

6.3 Upon termination of this contract for whatever reason all sums owed by the Member to the Club shall become due and payable by the Member with immediate effect.

6.4 For the avoidance of doubt, if the Member breaches any of the terms of membership, the Membership Subscriptions Guarantee (clause 8) becomes null and void.

 

7.      Insolvency of Member

7.1 This clause applies in the following circumstances:

7.1.1 The Member makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

7.1.2 An encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Members; or

7.1.3 The Member ceases, or threatens to cease, to carry on business; or

7.1.4 The Club reasonably believes that any of the above events is about to happen and notifies the Member accordingly.

7.2 If this clause applies then, without limiting any other right or remedy available to the Club, the Club may cancel the Contract or suspend Membership, including access to its website/platform and attendance at events and, if Yearly Payments are still due, they will become immediately payable notwithstanding any previous agreement or terms.

 

8.      Membership Subscriptions Guarantee

8.1 The Club wishes for members to receive a return on their investment many times over through full involvement in the Specified Services, however, the Member retains responsibility for making the very most of the many opportunities membership offers.

8.2 At the end of the Contract Term, should the Member feel they have not received value for money; a full refund of the Yearly Payments (but not the Registration Fee) may be available subject to the following conditions being met and at the Club’s discretion:

8.2.1 ‘Expectations of Membership’ must have been set and agreed with the Club at the time of joining (refer to application form)

8.2.2 The Member must have reviewed their expectations against results within 6 months of the date of the Membership Agreement.

8.2.3 The Member must have approached the Club’s representative by month 6 and discussed its concerns and that discussion must have been formally documented.

8.2.4 An action plan must have been jointly agreed by the Member and the Club’s representative at this meeting, and that plan subsequently measured and reviewed regularly between both parties.

8.2.5 The Member must not have committed any breaches of these terms or of the membership contract.

8.3 Any request for a refund must be submitted in writing to The AFFLUENT ATTACHÉ CLUB for consideration, documenting the above as proof that the conditions have been met.

 

9.      Users’ Conduct

The following rules govern and define our code of ethics for USE OF AFFLUENT ATTACHÉ CLUB software and use of its community especially if its leads to harm to other users.

9.1 All parties agree not to post videos, email addresses, images, web address, instant messages, or display any other personal contact information without explicit consent from that would be impacted party or person(s).

9.2 Submit, publish, or display on the website/platform any defamatory, abusive, obscene, threatening, racially or sexually offensive or illegal material or any material or opinion that infringes on the rights or beliefs of others, or is a direct threat to any kind livelihood.

9.3 Target AFFLUENT ATTACHÉ CLUB or any affiliates, vendors, owners, or employees with abuse, either written or spoken, that would cause either stress or discomfort.

9.4 Use a false email address, impersonate any other person(s) or act as any kind of representative falsely or otherwise mislead as to the origin of content user.

9.5 Use AFFLUENT ATTACHÉ CLUB Software or the website/platform to sell or advertise for a specific purpose or promotion, unless authorized by AFFLUENT ATTACHÉ CLUB. Use of the website/platform in this way is strictly prohibited. The distribution of e-mails and/or messages to our membership or subscribers (members, guests, sponsors, vendors, affiliates and partners), except as determined by AFFLUENT ATTACHÉ CLUB, is also strictly prohibited.

9.6 Involve or attempt to associate AFFLUENT ATTACHÉ CLUB or any affiliates in any way with the posting or transmission of advertising, promotional materials, or any other form of solicitation, except where authorized the use of any related AFFLUENT ATTACHÉ CLUB name, image or materials, except where agreed upon and authorized by AFFLUENT ATTACHÉ CLUB.

9.7 Republish in any way shape or form written proprietary information from the website/platform without written permission from AFFLUENT ATTACHÉ CLUB.

9.8 Abuse this code of ethics. You and/or your representation may, without prior warning, have your account terminated by AFFLUENT ATTACHÉ CLUB. In the event of a serious violation (as determined by Consequences for Abusive Conduct), you will be denied access to AFFLUENT ATTACHÉ CLUB and materials.

9.9 REPERCUSSIONS FOR ABUSIVE CONDUCT: Not only does AFFLUENT ATTACHÉ CLUB reserve the right to terminate your account but may file suit against you or any representative of your organization if you are in violation as defined and determined by the consequences for abusive conduct. We may seek compensation from you for potential damage to our reputation caused by your actions. AFFLUENT ATTACHÉ CLUB has the right and is obligated to work with authorities regarding any suspected violation of this code of ethics. Reporting Abusive Conduct: To report abusive conduct please contact us immediately at Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!, or call +1 844-398-7424. We will continually monitor the platform as part of our quality control and remove or deal with any parties that are in violation.

 

10.    Privacy

10. 1 USE OF YOUR MEMBERSHIP DATA: AFFLUENT ATTACHÉ CLUB uses your data sparingly to help curate the best life style experiences for you and; we don’t sell your personal information.

We have built and integrated multiple layers of security and encryption to protect our users’ information while using our platform.

10.2 Exclusivity and privacy are one of our strong beliefs as a private club. Any information requests from a third party and or security; we request and require that the requesting entity has accompanying appropriate legal documents which might include search warrants and or subpoenas.

10.3 No method of data transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your Personal Information.

TO PROTECT YOUR INFORMATION: Our credit card processing partner uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions. Our partner is certified as compliant with card association security initiatives, like the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC).Your Affluent Attache account requires a username and password to log in.You must keep your username and password secure, and never disclose it to a third party. Password should be eight plus characters long, alphanumeric and change it more often. For login and forgotten passwords two-factor authentication/verification is required to reset your password.  

 

11.    Software, Licenses, Content & Intellectual Property

11.1 Website/platform/Platform users have no propriety rights to software and related documentation, or any enhancements or modifications to software (AFFLUENT ATTACHÉ CLUB Software). AFFLUENT ATTACHÉ CLUB Software is protected by copyright and is owned and controlled by AFFLUENT ATTACHÉ CLUB or a designated provider or partner of AFFLUENT ATTACHÉ CLUB Software. AFFLUENT ATTACHÉ CLUB may share its technology with strategic partners but is not responsible for malfunctions that may occur as a result of said partnerships unless there is a written support and service level agreement with a specified entity. You shall not pass along to third parties to copy or use AFFLUENT ATTACHÉ CLUB Software to help and/or aid in another's design without explicit written permission or consent from AFFLUENT ATTACHÉ CLUB.

11.2 CONTENT: That which is recognized as “Content” is protected by copyright laws. AFFLUENT ATTACHÉ CLUB is the controller of the Content, and has sole discretion as to its use and display. AFFLUENT ATTACHÉ CLUB reserves the right, as controller of the Content, to use the Content as desired, such as marketing campaigns/contests to use on a non-exclusive basis. By doing so, you grant AFFLUENT ATTACHÉ CLUB and its affiliates a royalty free, nonexclusive, non-terminable, perpetual right to license, but not the obligation to pay or be liable for any use pertaining to that individual file.

11.3 INTELLECTUAL PROPERTY: The content on the website/platform, including but not limited to graphics, logos, images, audio clips, images and artwork is the exclusive property of AFFLUENT ATTACHÉ CLUB and is protected by copyright, intellectual property and/or trademark laws.

 

12.    General

12.1 Notices to the Club are to be sent to the registered address. Notices to the Member will be sent to the address shown on the application form, unless the Club is otherwise informed in writing.

12.2 No failure or delay by either party in exercising any of its rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

12.3 If any provision of these Terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.

12.4 California, USA law shall apply to this agreement, and the parties agree to submit to the jurisdiction of the California, USA courts.

12.5 The Registration Fee includes one member badge for the name on the Application for Membership form. The Member will have the option of ordering badges for other representatives, or replacements, however, there will be an additional charge for these at the current supplier’s rate.

12.6 Membership of the Club is exclusive. Only registered members can enjoy the Benefits of membership; including access to the Club’s website/platform

12.7 Membership allows all a Member’s personnel to access certain areas of the Club’s website/platform. This access will continue whilst payments are up to date. Should payments lapse, access may be suspended. If a Member should decide to cancel their Membership, access will stop.

12.8 The Club understands that email marketing is a useful tool, however, members are politely asked to keep email marketing to other members to a minimum and to include an ‘opt-out’ facility on every email. The Club reserves the right to suspend the Member’s access to the website/platform in the event of complaints, and complaints would constitute a breach of these terms.

12.9 As a Member of the Club, the Member agrees to conduct themselves in a professional and business-like manner, treating other members with respect at all times. If the Club should receive a complaint about any Member’s behavior, it reserves the right to suspend membership. Such complaints would constitute a breach of these terms.

12.10 Membership of the Club is at the sole discretion of the Club and it reserves the right to refuse membership.