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TERMS OF SERVICE

BACKGROUND: 

These Terms of Sale set out the terms under which Services are sold and provided by Us to business customers through this website, https://www.fiveandtwo.co.uk (“Our Site”).  Please read these Terms of Sale carefully and ensure that you understand them before ordering any Services from Our Site.  You will be required to read and accept these Terms of Sale when ordering Services.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Services through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.
 

1. Definitions and Interpretation 
In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Services, as explained in Clause 7;

“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;

“Order” means your order for the Services;

“Order Confirmation” means Our acceptance and confirmation of your Order;

“Order Number” means the reference number for your Order;

“Services” means the provision of membership to the Five and Two community provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“We/Us/Our” means ITAV Global Ltd, a company registered in England under 13273980, whose registered address is 52A High Street, Beighton Business Centre, Sheffield, S20 1ED, UK and whose main trading address is 52A High Street, Beighton Business Centre, Sheffield, S20 1ED, UK.

 

2. Information About Us

  1. Our Site, https://www.fiveandtwo.co.uk, is owned and operated by ITAV Global Ltd, a limited company registered in England under 13273980, whose registered address is 52A High Street, Beighton Business Centre, Sheffield, S20 1ED, UK and whose main trading address is 52A High Street, Beighton Business Centre, Sheffield, S20 1ED, UK.

 

3. Access to and Use of Our Site

  1. Access to Our Site is free of charge.

  2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.

  3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

  4. Use of Our Site is subject to Our Website Terms of Use https://www.fiveandtwo.co.uk/website-terms-and-conditions.  Please ensure that you have read them carefully and that you understand them.

 

4. Individual Customers and Consumers

  1. These Terms of Service apply to our individual customers only ("Members”).  These Terms of Sale do not apply to business consumers purchasing Services for corporate purposes.

  2. We require our Members to be aged eighteen (18) years and above, and living in the United Kingdom at the time of purchase.

  3. These Terms of Sale, together with any other terms and, where applicable, Data Processing Agreements  referenced herein that are applicable to the Services ordered, constitute the entire agreement between Us and you with respect to your purchase of Services from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

5. Services, Pricing and Availability

  1. We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.

  2. Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.

  3. We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.  

  4. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 5.8 regarding VAT, however).

  5. All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Services at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 5 business days, We will treat your Order as cancelled and notify you of the same in writing.

  6. In the event that the price of Services you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

  7. Prices on Our Site are shown inclusive of VAT.  If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

 

6. Orders – How Contracts Are Formed

  1. Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.

  2. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by the me "thank you for your payment" on the payment gateway.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

  3. If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment, any such sums will be refunded to you as soon as possible and in any event within 28 business days.

  4. We may cancel your Order at any time before We begin providing the Services in the following circumstances:

    1. The required personnel and/or required materials necessary for the provision of the Services are not available; or

    2. An event outside of Our control continues for more than 24 hours (please refer to Clause 13 for events outside of Our control).

  5. If We cancel your Order under sub-Clause 6.5 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 28 business days.  If We cancel your Order, you will be informed by email and the cancellation will be confirmed in writing by email.

  6. Any refunds due under this Clause 6 will be made using the same payment method that you used when ordering the Services.

 

7. Payment

  1. Payment for the Services will be due in the form of an advance payment of 100% of the total price for the Services.  Price and payment details will be confirmed in the Order Confirmation.  Your chosen payment method will be charged as indicated.

  2. All sums due must be paid in full without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).

  3. We accept the following methods of payment on Our Site:

    1. Major debit and credit cards (Visa, Mastercard, American Express, and China UnionPay payments);

    2. Apple Pay;

    3. Google Pay;

    4. Revolut Pay.

 

8. Provision of the Services

  1. We will provide the Services with reasonable skill and care.  We will begin providing the Services on the date agreed when you make your Order (which We shall confirm in the Order Confirmation).

  2. We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 12 for events outside of Our control.

  3. Any and all personal data processed by Us (as a data processor) on your behalf (as a data controller) in the course of providing the Services shall be processed in accordance with the terms of a separate Data Processing Agreement between Us and you, as per the requirements of the Data Protection Legislation.

  4. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.

  5. If the information you provide or the action you take under sub-Clause 8.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a problem arising as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work

  6. We always use reasonable endeavours to ensure that Our Services are trouble-free.  If, however, there is a problem with the Services please contact Us as soon as is reasonably possible via member@fiveandtwo.co.uk.

  7. We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.

  8. If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 8.6 will apply and We may charge you for the remedial work.

 

9. Cancelling the Services​

  1. If you wish to cancel under this Clause 9, you may inform Us by contacting Us directly within 1 hour of receiving your Order Confirmation, through the following details:

    1. Email: member@fiveandtwo.co.uk providing Us with your name, address, email address, and telephone number.

  2. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services in the future, however please note that you are under no obligation to provide any details if you do not wish to.

  3. Your eligibility to a refund is permissible in the event that your order cancellation was received under the conditions of clause 9.1. If not, you will not be eligible for a refund.

  4. Refunds under this Clause 9 will be issued to you as soon as possible, and in any event within 21 business days of the day on which you inform Us that you wish to cancel.

  5. Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Services.

 

10. Our Rights to Cancel

  1. For cancellations before We begin providing the Services, please refer to sub-Clause 6.5.

  2. We may cancel the Contract after We have begun providing the Services due to an Event outside of Our control (as under sub-Clause 13), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Services.  In such cases, you will only be required to pay for Services that We have already provided up until the point at which We inform you that We are cancelling.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

  3. We may cancel immediately by giving you written notice in the following circumstances:

    1. You fail to make a payment by the due date as set out in Clause 7. 

    2. You breach the contract of membership and fail to remedy the breach within 21 business days of Us asking you to do so in writing.

  4. Under this clause 10 you will be ineligible for a refund.

 

11. Our Liability

  1. We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.

 

12. Events Outside of Our Control (Force Majeure)

  1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control.

  2. If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

    1. We will inform you as soon as is reasonably possible;

    2. Our obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

    3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

    4. If the event outside of Our control continues for more than 21 business days, We may cancel the Contract and inform you of the cancellation. 

    5. If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so by contacting Us directly to cancel, please use the following details:

Email: member@fiveandtwo.co.uk; 

In each case, providing Us with your name, address, email address, and telephone number.  

 

Under this clause 12 you will not be eligible for a refund.

 

13. Communication and Contact Details

  1. If you wish to contact Us with general questions or complaints, you may contact Us by email at admin@fiveandtwo.co.uk.

  2. For matters relating to Our Services or your Order, please contact Us by email at member@fiveandtwo.co.uk.

  3. For matters relating to cancellations, please contact Us by email at member@fiveandtwo.co.uk.

 

14. Feedback

  1. If you wish to give Us feedback about any aspect of your dealings with Us, please contact Us in one of the following ways:

    1. By email, addressed to member@fiveandtwo.co.uk.

​

15. How We Use Your Personal Information (Data Protection)

  1. All personal information of yours that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

  2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy https://www.fiveandtwo.co.uk/privacy-policy.

  3. Please also refer to sub-Clause 8.3, with reference to specific Data Processing Agreements, where the Services will entail Us processing personal data on your behalf.

 

16. Other Important Terms

  1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

  2. You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.

  3. The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

  4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

  5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

  6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms of Sale at any time, We will give you at least 5 business days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 9.1.3.

 

17. Law and Jurisdiction

  1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

  2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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