Legal

Mach8zero Premier

Terms and Conditions of Membership

We are delighted that you have agreed or wish to become a member of Mach8zero Premier.

As with all organisations we need to explain to you how our membership works, and you will find full details of all the benefits of membership on the Mach8zero Premier Website.

Below, you will find the terms and conditions that apply to your membership and they become binding upon you as soon as you become  a member of Mach8zero Premier.

Please note that Mach8zero Premier is not a trade union or workers’ association, but rather we are an association for flight crew members, flight attendants, trainees, or pilots in the aviation industry past and present, for whom we provide access to a suite of member-only benefits and exclusive offers.

2. General

4. Confirmation of Membership

• 4.1. Acceptance of your Application for Membership and confirmation of the Membership Benefits to be provided to your Membership Plan will be communicated to you by email to the address(es) supplied by you to Mach8zero.
• 4.2. Mach8zero aims to provide you with such confirmation within 24 hours of receipt of your Application or if later, once Mach8zero has received confirmation of payment of your Membership Fee from its payment provider.

5. Confidentiality and Privacy

•  5.1. You shall not at any time disclose to any third party any information that you have received from Mach8zero that is of a confidential nature (including without limitation trade secrets and information of commercial value), unless such information is public knowledge or already known to you at the time of disclosure or subsequently becomes public knowledge other than by breach of this Agreement or subsequently comes lawfully into your possession from a third party.
• 5.2. Subject to clause 5.3, Mach8zero shall not at any time disclose to any third party any information that it has received from you that is of a confidential nature, unless it is required to do so by law, or such information is public knowledge.
• 5.3. Mach8zero will be able to refer information about your Membership (and your Membership Category) to its Partners.  Data will also be processed by and shared with various software, productivity and analytics tools used by Mach8zero such as Asana, Mailchimp, Dubsado, Google Analytics and so on. Members can request a detailed list.
• 5.4. Mach8zero shall always  during the term of this Agreement (and to the extent applicable following its expiry) comply with Mach8zero’s Privacy Policy as detailed in the Mach8zero Premier Website.

6. Termination

• 6.1. The way in which you terminate this Agreement is by cancelling the recurring payment online in the membership area of the Mach8zero Premier Website, such cancellation being deemed to be you giving one month’s notice. Termination will then occur on the date calculated according to clause 6.2.
• 6.2. By way of example, if you became a Member on 6 May, you have to give notice so that there is at least one month between our receipt of your notice and the 6^th day of any subsequent month, which means we have to have received your notice by the 6^th of the month before.  If not, your Membership will expire on the 5^th of the following month.  Further examples with dates:
• 6.2.1. You became a Member on 6 May, your one month’s notice is received 10 July, your Membership will end 5 September, because there is not one month between us receiving your notice and 5 August;
• 6.2.2. You became a Member on 6 May, your one month’s notice is received on 4 September, your Membership will end on 5 October because you have given one month’s clear notice.
• The reason for this policy is that Mach8zero requires at least one month to terminate benefits you have signed up to through your Membership.  Benefits will generally only be available whilst you are a Member.  If you have taken advantage of any benefit that post-dates the end of your Membership, you may lose the preferential rate to which you would have been entitled, had you remained a Member.
• 6.3. Termination of your Membership with Mach8zero will terminate all Membership Benefits. No refund of Membership Fees will be made in these circumstances.
• 6.4. Mach8zero may terminate this Agreement at any time with 30 days’ notice for any reason by emailing you at one of your e-mail addresses given on your Application.
• 6.5. Mach8zero may terminate this Agreement with immediate effect and without liability if:
• 6.5.1. you commit a material breach of this Agreement and fail to remedy that breach within 7 days of receiving notice from Mach8zero notifying you of the breach and requiring remedy; or
• 6.5.2. you, or any third party paying for you, fail to pay your Membership Fee within 7 days of the date of our final reminder.
• 6.6. If Mach8zero exercises its right to terminate this Agreement , it shall provide notice to you stating the reasons for termination and the effective date of termination.
• 6.7. Termination of this Agreement for any reason shall automatically terminate your Membership Benefits.
• 6.8. You may not hold yourself out as being a member of Mach8zero Premier if you are not a member.
• 6.9. After termination of your Membership, details of your Membership will be retained by Mach8zero for 12 months allowing you to re-join more conveniently. Thereafter you are free to email us at members@mach8zeropremier.com requesting Mach8zero to delete your data from its system.

7. Intellectual Property

• 7.1. If at any time you are permitted to use certain of Mach8zero’s trade marks (registered or otherwise) you agree that you will comply with the “Terms of Licence to use Intellectual Property of Mach8zero” as set out on the Mach8zero Premier Website from time to time in respect of the use of such trademarks and other intellectual property of Mach8zero. Compliance by the Member with the terms and conditions of any such licence agreement shall be deemed to be a material condition of this Agreement.
• 7.2. The expiry or termination of this Agreement shall automatically revoke and terminate any licence granted to a Member in accordance with clause 7.1.
• 7.3. Subject to clause 7.1, neither this Agreement nor Membership authorises you to use any of Mach8zero’s trademarks or intellectual property.
• 7.4. Mach8zero has relationships with a network of Partners and other third parties who supply products, services, and content advertised on the Mach8zero Premier Website. These include trademarks, service marks, product names, package designs, and company names or logos that are not owned by Mach8zero and are the property of their respective owners.  Membership shall not entitle you to make use of any of their intellectual property.

8. Liability

• 8.1. Mach8zero shall have no liability (to the extent permitted by law) under or in connection with this Agreement for any:
• 8.1.1. loss of income or revenue;
• 8.1.2. loss of opportunity;
• 8.1.3. loss of profits;
• 8.1.4. loss of anticipated savings;
• 8.1.5. loss of, or damage to, reputation or goodwill;
• 8.1.6. loss of data;
• 8.1.7. loss of contract;
• 8.1.8. losses or liabilities under or in relation to any other contract; or
• 8.1.9. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and
• in each case (8.1.1 to 8.1.9 inclusive) whether direct, indirect, special and/or consequential loss or damage; or
• 8.2. Mach8zero’s aggregate liability to you for all claims, continuing claims or liability for any breach of contract (including a deliberate and/or repudiatory breach of contract), tort (including, but not limited to, negligence and/or breach of statutory duty), misrepresentation, howsoever arising under or in connection with this Agreement during each Membership Period shall not exceed the amount of your Membership Fee paid to Mach8zero during your Membership Period.
• 8.3. Nothing in this Agreement shall limit Mach8zero’s liability to you for:
• 8.3.1. death or personal injury caused by the negligence of Mach8zero, its employees, agents or subcontractors; or
• 8.3.2. fraud or fraudulent misrepresentation; or
• 8.3.3. any other liability the exclusion or limitation of which is not permitted by the law of Guernsey.
• 8.4. Except as set out in this Agreement, all warranties, conditions, guarantees, representations and other terms which might otherwise be implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement. 8.5.  This clause 8 shall survive termination of the Agreement

9. Other

• 9.1. Your Membership is personal to you.  You may not assign or transfer your Membership or the benefits of your Membership.
• 9.2. These terms and conditions may be amended by Mach8zero during the Membership Period with the amendments taking effect at the end of the month of your Membership in which they are introduced. The placement of an amended Agreement on the Mach8zero Premier Website from time to time will be deemed full and sufficient notice for any such amendments.  You will also be notified by email to the address provided on your Application.
• 9.3. This Agreement (as varied from time to time) shall form the entire agreement between the Parties.
• 9.4. Any notice or other communication required to be given to a Party under or in connection with this Agreement shall be in writing sent to the e-mail address given on the Mach8zero Premier Website (www.mach8zeropremier.com) and, in the case of a Member, to any e-mail address given on the Application.
• 9.5. Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the Parties, nor establish any form of agency between the Parties. No Party shall have authority to act as agent for, or to bind, the other Party in any way.
• 9.7. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including any non-contractual claims and disputes), shall be governed by, and construed in accordance with, the law of Guernsey (Channel Islands) and the parties irrevocably submit to the exclusive jurisdiction of the courts of Guernsey

10. Complaints Handling

• 10.1. Mach8zero wants to give you the best possible service. If at any point you encounter any issues with our services, please inform us immediately, so we can do our best to get any issues resolved.
• 10.2. For general membership issues please contact us at members@mach8zeropremier.com.  If any issues arise on our Partners’ websites, please refer  to their respective communications procedure.

11. General Commission

11.1. Mach8zero may receive referral or introducer fees from its Partners in respect of the Membership Benefits provided to the Members. Such fees will be generally be applied to the operating costs of Mach8zero Premier.  This will  not affect your Membership Fee or the fee you pay to our Partners for any Membership Benefits you are entitled to.

12.  Definitions

12.1. In this Agreement the following definitions apply unless the context requires otherwise:

• “Application” means the application form completed by individuals applying for Membership of Mach8zero Premier.
• “Agreement” means this agreement between Mach8zero and you, as a Member, as amended from time to time.
• “Commencement Date” means the date on which Mach8zero informs you that your Membership has started.
• “Mach8zero” means Mach8zero (Guernsey) Limited, a company incorporated in Guernsey under company number 68535 whose registered office is at Suite B, St Peter Port House, Sausmarez Street, St Peter Port, Guernsey, GY1 2PU.
• “Mach8zero Premier” means the Mach8zero membership association owned by Mach8zero.
• “Mach8zero Premier Website” means the website with the URL of https://mach8zeropremier.com/.
• “Member” means an individual whose application for Membership of Mach8zero Premier has been accepted by Mach8zero.
• “Membership” means your rights and obligations as a Member arising out of this Agreement.
• “Membership Benefits” means the benefits accorded to a Member in relation to its Membership at your Membership Category.
• “Membership Fee” means the fees due from you to Mach8zero for your Membership Period.
• “Membership Category” means your category of Membership as  a Member.
• “Membership Period” shall have the meaning given to it in clause 3.1.
• “Partners” means third parties with which Mach8zero has partnered to offer or to provide Membership Benefits to Members.
• “Party” means each of Mach8zero and the Member and “Parties” shall be construed accordingly.