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Home  >  Terms & Conditions

Terms of Membership

TERMS OF MEMBERSHIP (“AGREEMENT“) THIS PAGE SETS OUT THE TERMS AND CONDITIONS UNDER WHICH WE SUPPLY SERVICES TO MEMBERS OF THE MEMBERSHIP PROGRAMME.

ANY ENROLMENT TO THE MEMBERSHIP PROGRAMME IS ON THE FOLLOWING TERMS AND CONDITIONS.

WHEN WE SAY "WE", "OUR" OR "US" IN THESE TERMS AND CONDITIONS, WE MEAN THE PROVIDER OF THE MEMBERSHIP PROGRAMME AS DETAILED BELOW

IF YOU HAVE ANY QUESTIONS, CALL OUR CUSTOMER SERVICE ADVISORS AT 0333 344 1815 OR WRITE TO High Street Max, WISTERIA GRANGE BARN, PIKES END, PINNER, HA5 2EX.


1. WHO YOU ARE AND GENERAL NOTICES TO YOU

1.1 You are a potential/actual member of the membership programme (called the "Scheme") as described in this document. If you enrol in the Scheme (called "Membership") you will become a member of the Scheme (called a "Member").

1.2 Importantly, a Member must be a human person who is:

1.2.1 an adult (i.e. aged 18 and over)

1.3 A person who does not qualify as described in paragraph 1.2, is prohibited from becoming or being a Member. Any person who becomes a Member (or purports to do so), makes a statement, upon which we are entitled to rely, that that person is ages 18 years or older.

1.4 A person may not become a Member unless they are based in the United Kingdom (this does not include the Channel Islands or the Isle of Man), as this is the area we service. A Member must have a postal address in the United Kingdom. Any person becoming a Member makes a statement, upon which we are entitled to rely, that that person is, and will continue to be, based in the United Kingdom and that that person will supply a postal address in the United Kingdom.

1.5 All general notices from us will be sent by email or letter to Members.

1.6 For information on our privacy practices please see our Privacy Policy. We take privacy and security very seriously and aim to comply with all relevant provisions of UK compliance with the Data Protection Act. All personal information provided through this website or by email, such as Membership enrolment information or information necessary to complete the purchase of products or services/and or benefits, will be handled in accordance with the Privacy Policy.

2. OFFER DETAILS

2.1 You accept the offer details that are as follows:

2.1.1 when you sign up to the Scheme as a new Member you will automatically receive a free trial ("Trial Period");

2.1.2 after the Trial Period, membership is charged monthly at the agreed upon rate as disclosed on the enrolment website or in the sales call (the "Membership Fee") and by joining this Scheme you agree that you will be liable to pay the Membership Fee;

2.1.3 to ensure continuous service at the end of the trial period your Membership Fee will be automatically charged on or about the same date each month to the card details which you have specifically provided for this purpose when you signed up to be a member, and by joining this Scheme you agree to give us permission to do so, unless you terminate your membership in accordance with paragraph 7 below.

3. MEMBER BENEFITS

Discounts and other benefits

3.1 A Member is entitled to access discounts and/or other benefits on certain products and services offered by vendors/providers participating in the Scheme (and we call these discounts and/or other benefits, "Benefits"). Benefits are set out on the Scheme website, although some Benefits may not be available in all areas. Please see below for exclusions and limitations.

3.2 Any products or services purchased (taking into account Benefits or otherwise) must be purchased directly from the product or service vendors/providers. We do not supply, offer or charge for products or services (other than Membership which is a service which provides access to discounts, offers and promotions in respect of those products and services of third party vendors/providers.)

4. ACCEPTANCE AND TERM OF MEMBERSHIP

4.1 You (or a Member) indicate acceptance of these Terms of Membership and agreement to pay the relevant charges by verbally indicating affirmative consent to join the Scheme, or by clicking the "Submit" (or its equivalent) button on the Scheme enrolment page or by otherwise using the Scheme's website. Once this affirmative consent is otherwise given there is a legally binding contract between the Member and us in the terms of these Terms of Membership (i.e. this Agreement).

4.2 Membership starts from the earlier of a) the time we notify you of your Membership number and b) the time you provide affirmative consent to join the Scheme.

4.3 Membership lasts until your Membership terminates as detailed in paragraph 7.

5. MEMBERSHIP RULES

5.1 Membership is non-transferable.

5.2 Membership cannot be used by persons other than the Member.

5.3 You shall ensure that no other persons have access to your Member details.

5.4 Other persons in the same household shall not access the Scheme or the Benefits using the identity of the Member and the Member shall be responsible to ensure this is upheld and observed.

5.5 Benefits are not for resale.

5.6 A Member must promptly notify us on becoming aware of any unauthorised use of the Membership number or if the Membership number is lost or stolen.

5.7 If a Member is offered the opportunity to claim a gift in connection with enrolment in the Scheme, this is limited to one gift per Member and, depending upon the offer agreed to, a Member claiming this gift will be required to be an active member of the Scheme at the time the gift claim is processed. An Active Member is a Member that has successfully registered to the Scheme and has not at the time they claimed the gift cancelled their Membership.

6. MEMBERSHIP RENEWAL

6.1 Unless a Member notifies us he/she wishes to terminate this Agreement (i.e. cancelling Membership) by following the instructions in paragraph 7, that Member's Membership will be renewed automatically and that Member will continue to be charged the Membership Fee and (where applicable) any other Fees pursuant to clause 8.3 of these terms, which will appear on that Member's next billing statement.

6.2 The description 'High Street Max, Pinner' will appear on your card statement against each payment each month.

7. TERMINATION OF MEMBERSHIP AND RIGHTS TO CANCEL

7.1 A Member may terminate this Agreement (i.e. cancel Membership) at any time by:

7.1.1 Emailing us or calling us on the telephone number listed on the Scheme website; or

7.1.2 By notifying us in writing at: High Street Max, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX

7.2 Further, you have a right to cancel this Agreement, for any reason, within 7 days (if you entered into this Agreement before the 13th June 2014) and 14 days (if after 13th June 2014) from the day after you entered into this Agreement with us. To exercise the right to cancel under this paragraph, you must inform us of your decision to cancel this Agreement by a clear statement (e.g. a letter sent by post, fax or email), you may use the Model Cancellation Form set at the end of these terms and conditions, but this is not obligatory. You can also electronically fill in and submit your cancelation request on our website www.highstreetmax.com by selecting the 'Membership Cancellation Request' on the 'Contact Us' page of the website . If you use this option we will communicate to you an acknowledgement of receipt of such cancellation on a durable medium (e.g. by email) without delay.

7.3. We reserve the right to terminate this Agreement (i.e. cancel Membership) at any time and for any reason. If we do this, we will re-credit to the relevant Member's account any sum deducted by us from the Member's credit card in respect of any period of Membership for which the Member has paid but which the Member will not benefit from because we have terminated this Agreement (pro rata if necessary in respect of time and payment). We will do this as soon as possible but in any event within 30 days of termination. We will not be obliged to offer any additional compensation for disappointment suffered or otherwise.

7.4 Termination of this Agreement (and cancellation of Membership) will be effective within 1 business day (in London, UK) of the receipt by us of the Member's cancellation request or our notice to the Member.

7.5 On termination:

7.5.1 If the termination is within the Trial Period (as to which please see paragraph 8.1 below), then no Membership Fees will have been payable and no Membership Fees will be payable by the Member;

7.5.2 If the termination is at any time after the Trial Period, then the Member will not owe any further Membership Fees other than what has already become payable (and the Member will not be entitled to refund of any past fees charged to the Member's account); and

7.5.3 Entitlement to access, make use of or benefit from, the Membership Programme 

7.5.4 If you cancel this Agreement using your rights under paragraph 7.2 then we will reimburse all payments taken from you, unless you have used the service, or have requested that the service start before the expiry of the 14 days period, then we shall deduct an amount that is in proportion to what has been performed from the Monthly Membership Fee charged until you have communicated your cancellation from this Agreement to us.

8. MEMBERSHIP FEES AND CONTINUOUS PAYMENT AUTHORITY

8.1 When signing up to be a Member, you provide us with a continuous payment authority ("CPA") so that we can collect repayments automatically from your bank account using the debit/Credit card you nominate for this purpose.

8.2 A Member is entitled to a trial period, details of which are set out (depending upon the sign up method used by the Member) in the Welcome Pack sent to a Member by post, listed on the relevant website and/or shown or notified to the Member when they are presented with details of the Scheme (the "Trial Period"). A Member can cancel Membership at any time during the Trial Period and will owe us nothing.

8.3 After the Trial Period, a Membership fee ("Fee") as specified in information about the scheme, shall be payable in advance, and will be automatically collected by use of Continuous payment authority ("CPA") to the billing source authorised by the Member until such time as the member cancels their membership.

8.4 If the attempt for the Membership Fee at the end of the Trial Period or at Renewal is unsuccessful we shall use the CPA to make 6 further attempts in a period of 30 days beginning the day after the date that the Membership Fee for that month became due.

8.5 Throughout the period referred to in paragraph 8.4 your access to the Service may be suspended pending receipt of the Membership Fee.

8.6 To cancel this CPA you may contact your bank directly. Alternatively, you may ask us to cancel it by using the contact details found in paragraph 7.1. Please be aware that if you do cancel you will still owe any outstanding Membership Fees as agreed and your access to the Service will be terminated. Cancellation of this CPA will be effective from the date that we receive such notification.

8.7 The Scheme may from time to time offer additional services and/or benefits to Members at an extra cost. The cost of these services and/or benefits will be payable in addition to the Membership Fee and separately identified, and the frequency of payment for such services and/benefits may vary according to the service and/or benefit purchased.

8.7.1 This offer of additional product and services/and or benefits does not affect the members right to access the services/and or benefits of the existing membership.

8.8 If you have been offered products and services/and or benefits as part of a particular promotion, you will then receive those products or services/ and or benefits for the specified period and at the fee stated within the promotion. Once the specified promotion has ended, your right to access the products or services at the stated fee will terminate.

8.8.1 These promotional offers i.e. products or services/and or benefits are personal to you and may not be shared with third parties.

8.9 We may increase or decrease the Membership Fee (or any other fees payable pursuant 8.7 above) on 30 days' notice. Members will be notified by email or letter. If the Member does not agree with any such change, the Member may terminate this Agreement under paragraph 6.1 before any such change takes effect.

9. WARRANTIES, BENEFITS & DISCLAIMERS

9.1 We will at all times carry out our obligations under this Agreement with reasonable care and skill.

9.2 The Benefits have been designed for Members in the United Kingdom only (and in certain cases within certain locales of the United Kingdom). Not all Benefits will be available therefore to all Members.

9.3 We are constantly seeking new benefits for Members from providers. Accordingly, the Benefits are continually changing and we do not and cannot represent or warrant that any particular Benefits will be available at any particular time. We reserve the right to eliminate, add, change and substitute Benefits from time to time without notice to any or all Members.

9.4 A Member agrees that we are not responsible or liable for any Benefits provided by providers and, if a Member has any claims relating:

9.4.1 to Benefits, the Member will make a claim against the relevant provider providing (or purporting to provide) the relevant Benefit.

9.5 Members acknowledge that any special offer offered by a vendor/provider through whom you may have enrolled as a Member is the responsibility of that vendor/provider; not of us.

9.6 Other than as expressly set out in these Terms of Membership, we make and give no conditions, warranties or other terms, express or implied (including the conditions or warranties as to satisfactory quality, fitness for purpose) with respect to any Benefits or information provided to a Member.

9.7 We assume no responsibility for the payment of or contribution to any use or sales tax (e.g. VAT) on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain a Member's sole responsibility or that of the provider of the Benefits, as the case may be.

10. LIABILITY

10.1 This paragraph 10 prevails over all other paragraphs and sets out our entire Liability, and your sole and exclusive remedies in respect of: a) the performance, non-performance, purported performance or delay in performance of the contract between us and the Member; or b) otherwise in relation to the contract between us and the Member or the entering into or performance of the contract between us and the Member; or c) a Member's use of or participation in the Scheme.

10.2 This clause does not exclude or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

10.3 Except for the matters in paragraph 10.2, neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of profit; (c) loss of business; (d) loss of anticipated savings; or (e) loss of data. However, this clause 10.3 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

10.4 Save as provided in paragraph 10.2, our total Liability to you or any third party shall in no circumstances exceed, in aggregate, a sum equal to the greater of: a) £10; or b) 110% of the Membership Fees paid by the Member to us in the 12 month period prior to any particular cause of action arising.

11. TRADE MARKS, BRANDS ETC.
We are the operator of the Scheme and responsible for the production of the Scheme website. All trademarks, product or service names and company names or logos on that website and on hard copy Scheme materials are the property of their respective owners. We do not give permission in respect of the use of any such trademarks, brand names, product or service names or titles or copyrights and such use may constitute an infringement of the owners' rights.

12. EVENTS BEYOND OUR CONTROL
We shall have no liability to any Member for any failure of performance or any delay in performance that is caused by any event or circumstance beyond our control.

13. INVALID PROVISIONS
If any part of these Membership Terms or the contract between the Member and us is unenforceable (including any provision in which we exclude or limit our liability) the enforceability of any other part will not be affected.

14. THIRD PARTY RIGHTS
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Membership Terms (or the contract between Member and us) has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

15. ENTIRE AGREEMENT

15.1 These Membership Terms, together with our privacy policy, set out the whole of our agreement relating to the Scheme and Membership. Nothing said by any sales person on our behalf should be understood as a variation of these Membership Terms or as an authorised representation about the nature or quality of the Scheme or Membership. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

15.2 We make no representations or warranties about the accuracy completeness or suitability for any purpose of the information and related graphics published on the Scheme website or in other Scheme hard copy materials. From time to time the Scheme website or other hard copy Scheme materials may contain technical inaccuracies or typographical errors. Our liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

16. NO WAIVER
Any failure by us to enforce or to exercise at any time or for any period of time any term of, or any right under, this Agreement does not constitute, and shall not be construed as, a waiver of that term or right and shall in no way affect our right later to enforce or to exercise it.

17. WHO WE ARE AND HOW YOU CAN CONTACT US
We are Adaptive Affinity Limited, a company registered in England and Wales with company number 5493004, and having its registered office at Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. All notices from you to us must be by email response as set out in these Membership Terms or by post to High Street Max, Wisteria Grange Barn, Pikes End, Pinner, HA5 2EX. Our telephone number is: 0333 344 1815. Adaptive Affinity Limited is authorised and Regulated by the Financial Conduct Authority, Firm Reference Number: 739012. Adaptive Affinity Limited is registered with the Information Commissioner's Office in compliance with the Data Protection Act 1998 and our registration number is Z9322490.

18. GOVERNING LAW
The Scheme operates for the United Kingdom only. The Membership Terms and the contract between Member and us shall therefore be deemed to be performed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English Law. Also, the use of the Scheme website is governed by English law. These Membership Terms and the contract between you and us (and any dispute, controversy, proceedings or claims of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and Member and we hereby submit to the exclusive jurisdiction of the English courts.

MODEL CANCELLATION FORM

You may use the following form to cancel this agreement, although you are not obliged to:
To
Cancellations
High Street Max
Wisteria Grange Barn
Pikes End
Pinner
HA5 2EX

Email: contact@highstreetmax.com
Dear Sirs,
I hereby give notice that I want to cancel my contract for the supply of the following service:
- Ordered on (date)
- Member ID :
- Full Name:
- Address (Including Post Code)
Signed:
Dated:

Last updated April 2017