These Terms and Conditions (the “Terms”) form part of the Subscription Agreement between Virgin Strauss Water UK Limited (“we”, “us”, “our”) and the customer (as shown on the Order Confirmation) (“you”) for the Virgin Pure Membership and the rental of the Equipment.
Please note the limits on our liability set out in Clause 17.
|Charges||the charges for any hire of the Equipment and the Virgin Pure Membership shown on the order or renewal confirmation;|
|Equipment||the equipment shown on the Membership Agreement and all additions, replacements, renewals or substitutions of such equipment and all related accessories, manuals and instructions provided for it;|
|Membership Agreement||the Membership Agreement document emailed to your after you agreed your purchase or renewal which includes these Terms;|
|Installation Address||the address where the Equipment is installed will be shown on the Membership Agreement;|
|Minimum Membership Period||the period shown on the Membership Agreement starting upon installation of the equipment or the Renewal Date.|
|Membership||the package of services as described in clause 13 below;|
|Working Day||this means Monday to Friday 9am-5pm except any bank or other public holidays in England and Wales.|
1.1. We are letting and you are taking on hire the Equipment for the Minimum Membership Period and after that upon these Terms. For the avoidance of doubt this clause shall not apply where You have purchased the item of Equipment.
2. Joining us – Minimum Criteria
2.1. Before you submit an order to join Virgin Pure and for the hire of the Equipment, you should check that the proposed Installation Address has a 13 amp power socket within 1.5 metres and accessible mains water supply within 20 metres of the Installation address. We will not be able to install the Equipment unless both of these conditions are met. If we cannot install the Equipment because these conditions are not met, we may cancel the Membership Agreement whereupon we will provide you with full refund of any payments you may have made to us.
2.2. By submitting an order, you are confirming that you own the property at the installation address or have the permission of the owner of the property at the Installation Address to have the Equipment installed. We will not be responsible for any damage to the property caused by us in the course of installing the Equipment if either of these conditions is not met. That you are over 18 years of age and you agree to provide and update us with personal detail including changes to email addresses and payment method details.
2.3. All orders are subject to availability. If we are unable to supply you with the Equipment, we shall let you know as soon as possible and we provide you with a full refund of any payments you may have made and we will not process your order. We may offer you an alternative product or service of equal or greater quality and value which you may accept or refuse. If you choose to refuse any alternative product or service, we will offer a refund or replacement.
2.4. We accept orders from customers and deliver to Installation Addresses in mainland England, Scotland and Wales only. The images of the Equipment on our website and in any brochure are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours or the printed pictures accurately reflect the colour of the Equipment.
2.5. We may choose to install reconditioned (not new) Equipment, at our discretion
3. Acceptance of orders and renewals
3.1. When you submit an order or renew a subscription with us, this does not mean that we have accepted your order or renewal nor does it guarantee that you will be offered a Membership Agreement and we reserve the right not to accept any order or renewal placed by you
3.2. A binding contract between you and us shall be formed on our acceptance of your order or renewal.
3.3. You may place an order or renewal online, by telephone or in person.
3.4. If you place your order through our website you will receive an email acknowledging your order.
3.5. We will then contact you to arrange your installation of the equipment which is notification your order has been accepted.
3.6. If your order is not accepted we will contact you to arrange repayment of any charges made.
3.7. If you renew your subscription through our website you will receive an email notifying you of your renewal.
3.8. If you place your order or renewal using our telephone ordering service then during the call, we will collect the information needed to arrange your payments, by your chosen payment method, which will be either direct debit or debit/credit card. Please note, we will not be able to accept your order or renewal unless you have provided valid bank account/card details to allow for payment.
4. Changes to these Terms
4.1. After the Minimum Membership Period we may revise these Terms from time to time to comply with any changes in relevant laws and regulatory requirements or to meet our changing business needs.
4.2. If we have to revise these Terms after the Minimum Membership Period we will give you at least one month’s written notice of any changes to these Terms before they come into effect. All changes will also be posted on our website. If the changes are to your disadvantage and you do not want to accept the changes, you can choose to cancel the Membership Agreement in accordance with clause 10.1.3.
5. Changes to your Order
5.1. Once you have placed your order, you can request a different model or colour of Equipment at any time up until installation of the Equipment by contacting us by email at firstname.lastname@example.org or on 020 7022 6471. If we are able to accommodate the requested change, this may affect the date the Equipment will be delivered and installed. We will provide you with a revised delivery and installation date. In such circumstances, it may be necessary to issue a new Membership Agreement which shall reflect your revised Equipment requirements and the relevant charges.
6. Delivery and Installation
6.1. Once we have received the order, we will contact you to arrange a date for our technicians to install the Equipment at the Installation Address.
6.2. Sometimes we may not be able to deliver and/or install the Equipment because of something beyond our reasonable control. Clause 17 sets out what we will do if this happens.
6.3. If you will not be present at the Installation Address on the date for installation, you will need to let us know at least one working day beforehand so that we can re-arrange another date to install. We reserve the right to charge a cancellation fee of £60 if you fail to inform us 24 hours in advance that you are unable to keep your appointment.
6.4. Delivery of your order will be complete once we have delivered and installed the Equipment at the Installation Address.
6.5. If Equipment is delivered to you before the arranged date for installation, you must not unpack, install or attempt to install the Equipment yourself.
6.6. If We are letting The Equipment to you it will be your responsibility and risk once we have delivered it to you. However, ownership of the Equipment shall not pass to you at any point and shall remain our property for the duration of and following expiry of the Membership Agreement and nothing in these Terms should be interpreted as transferring title to the Equipment from us to you.
7. Your obligations
You agree to:
7.1. prepare (at your own cost) the proposed Installation address for installation of the Equipment
7.2. not attempt to install or modify the Equipment in any way;
7.3. not to alter, adapt or connect any other device to the connecting pipe work installed by us;
7.4. not to alter or adapt the Equipment;
7.5. change the filters and UV lamps and carry out the descaling process when due;
7.6. inform us of any changes to your personal contact details;
7.7. inform us as soon as is reasonably practical of any faults with the Equipment;
7.8. allow us all necessary access to the Equipment during normal business hours for the purpose of repairing the Equipment;
7.9. operate the Equipment in accordance with the Ownership and Care Guide provided to you by us on installation of the Equipment or any additional or replacement guides that we may tell you about during the term of the Membership Agreement, copies of which will be available for download from our website;
7.10. ensure that if We are letting the equipment to you, the Equipment remains identifiable at all times as being our property and wherever possible ensure that a visible sign to that effect is attached to the Equipment;
7.11. only use supplies or materials supplied or approved by us;
7.12. not to move or attempt to move the Equipment from the Installation Address.
7.13. If you wish to move the Equipment to a new location, you shall notify us and we shall move the Equipment on your behalf subject to these Terms and clause 13.7.3 in particular. We shall not be liable for any damage to the Equipment which results from your failure to comply with this clause.
8. Term and Renewal
8.1. The Membership Agreement shall commence on the date of the installation of the equipment or on the renewal of the subscription. It is subject to early termination in accordance with these Terms and shall remain in force for the Minimum Membership Period and if stated at the point of sale or renewal shall automatically renew for consecutive monthly periods thereafter until terminated by you or us in accordance with this clause 8.11
8.2. If you wish to cancel the Membership Agreement, you must notify us 10 days before the end of the Minimum Membership Period. If you fail to do so, the Membership Agreement shall automatically renew for a further Minimum Membership Period and the revised Charges and Terms (if any) shall apply.
9. Your Cancellation Rights
9.1. You may cancel your Membership Agreement to Virgin Pure at any time. Notification is required 10 days before the end of the Minimum Membership Period to prevent auto renewal for another Minimum Membership Period. There will be no refunds or credits for partially used periods. To exercise the right to cancel under clause 9.1, you must contact us by email at email@example.com or contact us by telephone on 020 7022 6471
9.2. If you cancel your Membership Agreement to Virgin Pure in the 30 days from the date of Installation under the customer satisfaction guarantee your Minimum Membership Period shall be One month.
9.3. Upon cancellation if we are Letting the Equipment to you we will contact you to arrange collection of the Equipment and will arrange for it to be uninstalled within 30 working days from date of cancellation. You will provide full access to allow us to remove the equipment.
9.4. If you cancel the Membership Agreement as set out in clause 9.1 above and the Equipment has been delivered to you at the Installation address but not installed, you shall arrange for the Equipment to be returned to us or make it available for collection by us at our option, without delay.
9.5. If we are letting the Equipment to you and you cancel the subscription as set out in clause 9.1 above and the Equipment has already been installed we will arrange for one of our technicians to visit you to uninstall the Equipment. Our technicians will seek to make good any hole in the work surface left after the Equipment has been uninstalled. Our responsibility to you will be limited to ensuring that any hole is plugged. We will endeavour where possible to match the colour of your work surface but no guarantee is given as to any colour match. The non-return valve that we fit to your mains water supply when we install the Equipment will be put in the ‘off’ position. Subject to clause 16, we will not be responsible for any loss or damage you may suffer after we have uninstalled the Equipment.
9.6. You may terminate the Membership Agreement as referred to in clause 9.1 and before expiry of the Minimum Membership Period provided that you pay the Charges for the duration of the Minimum Membership Period in full.
10. Termination of the Membership Agreement
You can terminate your subscription between us with immediate effect by giving us written notice if:
10.1. we breach this agreement in any material way and we do not correct or fix the situation within 30 calendar days of you asking us to in writing;
10.2. we go into liquidation or a receiver or an administrator is appointed over our assets;
10.3. after the Minimum Membership Period we change these Terms under clause 4.2 to your material disadvantage.
11. Cancellation by us
We can terminate the Membership Agreement between you and us at any time if you:
11.1. do not pay us the Charges or any other sums you owe to us when you are supposed to under these Terms and fail to make such payment within 14 days of our notice to you; or
11.2. you materially breach the Membership Agreement in any other way and you do not correct or fix the situation within 30 calendar days of us asking you to in writing;
12. Consequences of termination
Upon termination of the Membership Agreement for any reason:
12.1. your Virgin Pure Membership shall automatically terminate; you shall deliver up the Equipment to us in good condition (fair wear and tear excepted) or if necessary allow us or our representatives access to the premises where the Equipment is located for the purpose of removing the Equipment; and
12.2. you shall pay all Charges and any other sums due up to the date of termination.
13. Virgin Pure Membership
13.1. Your Virgin Pure Membership will start on the day of installation of the Equipment and will continue until termination of the Membership Agreement.
13.2. Virgin Pure Membership entitles you to receive the services described in this clause 13 and we will make every effort to provide you with these services. Sometimes we may be prevented from providing a service because of something beyond our reasonable control. Clause 17 sets out what we will do if this happens.
13.3. We may also have to suspend one or more of the services if we have to deal with technical problems. Unless the problem is urgent or an emergency, we will contact you in advance to let you know when this occurs.
13.4. We may also suspend one or more of the services with immediate effect if you do not pay us any sums which you owe to us on the due date for payment until such time as we have received payment of the outstanding sums from you but without affecting our right to terminate the agreement between you and us in accordance with these Terms.
13.5. During the first 12 month period of the Membership Agreement and subject to you complying with these Terms and the Membership Agreement we will:
13.5.1. install your first 6 month long-life filter and UV lamp at initial installation and
13.5.2. send you (by post) a new 6 month long life filter and descaling pod after 6 months
13.6. During the next 12 month period of the Membership Agreement and annually thereafter for the rest of the term of the Membership Agreement or renewed Membership Agreement (subject to you having paid all Charges due to us) we will:
13.6.1. send you a new UV lamp, 6 month long-life filter and descaling pod at the beginning of the 12 month period; and
13.6.2. send you a second 6 month long-life filter and descaling pod after six months.
13.7. During the term of the Membership Agreement and subject to you paying the Charges we will:
13.7.1. provide you with a telephone help line and support during our usual business hours
13.7.2. repair and/or replace any faulty Equipment supplied by us at the Installation address unless such repair is as a result of misuse or mistreatment of the Equipment, is as a result of fair wear and tear or other damage caused to the Equipment by you or damage to internal or external parts caused by insects, or the equipment is infested by insects. If we choose to replace the Equipment we may do so with reconditioned (not new) Equipment, at our discretion. This does not extend to replacing external plastic parts of the Equipment or its casing that may require to be changed for aesthetic reasons;
13.7.3. disconnect the Equipment for you and reinstall it at a new location free of charge (residential customers only).
13.8. At your request we may carry out inspections and repairs for work outside of the scope of the services offered by the Virgin Pure Membership such work is chargeable to you including technician call out charges.
13.9. We shall provide all services under the Virgin Pure Membership with reasonable care and skill.
13.10. If you require a repair to be made to the Equipment, please contact us by email at firstname.lastname@example.org or telephone our Customer Service team on 020 7022 6471. We will require you to run a series of checks on the Equipment and we shall attempt to rectify the fault over the phone. If following these checks, it is not possible to rectify the fault over the phone, we shall arrange for one of our technicians to visit and repair the Equipment. If during such a visit, the technician finds no fault with the Equipment, you shall be obliged to pay for the cost of the technicians visit. Subject to clauses 13.1 to 13.4, we shall endeavour to repair the Equipment within seven working days of you contacting us.
13.11. The services offered as part of your Virgin Pure Membership are in addition to your statutory legal rights in relation to the Equipment if it is faulty or not as described.
14.1. By starting your Virgin Pure Membership you agree for us to charge you a monthly membership fee at the then current rate. You will be charged at the beginning of each month’s membership by the payment method you have chosen except for the first month which will be taken at time of order. This will continue until you cancel as per clause 9.
14.2. You shall pay the Charges as specified in the Membership Agreement.
14.3. The Charges shall include the cost of delivery and installation of the Equipment.
14.4. The Charges shall include VAT.
14.5. We reserve the right to charge you an administration fee of £20 for each failed payment.
14.6. If you pay us by direct debit you authorise us to collect the sums owed by you to us from your designated bank account for the agreed period of time.
14.7. We reserve the right to increase the Charges from time to time and will notify you if we do so under clause 4. With the exception of increases to the Charges which are necessary due to a change in the rate of VAT or an event outside of our control, increases in the Charges will not apply to you in the Minimum Membership Period however if you agree to a renewal term, you shall be subject to the revised Charges.
15. Free Trial
“Free Trial” shall mean any free trial promotion period shown on the Membership Agreement. If you have signed up to a Free Trial promotion:
15.1. Your Free Trial shall commence with your Virgin Pure Membership on the day of installation of the Equipment.
15.2. You will not be charged a monthly membership fee for the months of your Free trial.
15.3. You have the right to cancel your Virgin Pure Membership from the date of installation of the Equipment until the end of the Free Trial.
15.4. If the Membership Agreement is not cancelled within the Free Trial your Virgin Pure Membership will automatically continue on the price plan shown in the Membership Agreement. The first payment will be taken within 7 days of the Free Trial ending.
15.5. To exercise the right to cancel under clause 15.3, you must contact us by email at customerservice @virginpure.com or contact us by telephone on 020 7022 6471
15.6. Upon cancellation we will contact you to arrange collection of the Equipment and will arrange for it to be uninstalled within 30 working days from date of cancellation. You will provide full access to allow us to remove the equipment.
16. Promotional Offers
16.1. Virgin Wine promotion Terms and Conditions
16.1.1. The promotion is open to UK mainland residents aged 18 years and over, entering or quoting the code XMASWINES when purchasing a Virgin Pure Membership Agreement, (an “Eligible Person”)
16.1.2. The promotion will run from the 5th of December 2014 until the 9th January 2015 at 12:00pm.
16.1.3. 6 bottles of Virgin Wine (the “Offer”) will be sent to each Eligible Person 14 days after the Installation of the WaterBar ordered under the Membership Agreement.
16.1.4. In the event of cancellation of the Membership Agreement during the 14 days after the Installation of the WaterBar the Offer will not be redeemable.
16.1.5. When arranging the Installation of the WaterBar Virgin Pure Customer Service will offer a choice of either red, white, or a mixed selection of wine. No guarantee is given to the choice of wine provided which is entirely at the discretion of Virgin Wines.
16.1.6. Virgin Pure reserves the right to change the Offer at any time during or after the promotion.
16.1.7. Proof of age will be requested.
16.1.8. The promotion is not open to Virgin Wines or Virgin Pure employees.
16.1.9. This offer cannot be used in conjunction with any other offer, trial or months off promotion.
16.1.10. There is no cash alternative to this promotion.
16.2. Refer A Friend Virgin Wine promotion Terms and Conditions
16.2.1. The promotion is open to UK mainland residents aged 18 years and over, purchasing a Virgin Pure Membership Agreement when they enter or quote a valid Refer a Friend code obtained from a Virgin Pure member (an “Eligible Person”)
16.2.2. A Virgin Pure member with an active Virgin Pure Membership Agreement recommending an Eligible Person (a “Referee”)
16.2.3. The promotion will run from the 5th of December 2014 until the 9th January 2015 at 12:00pm.
16.2.4. 6 bottles of Virgin Wine (the “Offer”) will be sent to each Eligible Person and Referee 14 days after the Installation of the WaterBar ordered under the Eligible Person’s Membership Agreement.
16.2.5. In the event of cancellation of the Eligible Person’s Membership Agreement during the 14 days after the Installation of the WaterBar the Offer will not be redeemable for either person.
16.2.6. When arranging the Installation of the WaterBar Virgin Pure Customer Service will offer a choice of either red, white, or a mixed selection of wine. No guarantee is given to the choice of wine provided which is entirely at the discretion of Virgin Wines.
16.2.7. Virgin Pure reserves the right to change the Offer at any time during or after the promotion.
16.2.8. Proof of age will be requested.
16.2.9. The promotion is not open to Virgin Wines or Virgin Pure employees.
16.2.10. This offer cannot be used in conjunction with any other offer, trial or months off promotion.
16.2.11. There is no cash alternative to this promotion.
17. Overdue Payments
17.1. You must pay all sums due to us from you by the due date for payment, or by any other date that we may agree with you. We have the right to charge interest at the rate of 3% per year above the base lending rate of HSBC Bank Plc. on all overdue amounts. This interest will be calculated on a daily basis from the due date until the date of payment. We reserve the right to make a reasonable charge for our reasonable administration and legal costs which result from recovering overdue sums owed to us by you.
17.2. If you fail to pay us any sums when due we have the right to demand payment of all outstanding amounts owing to us which shall then fall due for payment within 7 days after our written request notifying you that payment of all outstanding amounts are due. Overdue accounts will be escalated through our debt collection and, where necessary, legal channels. Such activity can affect your credit rating.
18. Liability- PLEASE READ CAREFULLY
18.1. The Equipment is supplied for domestic and business use. We shall not be liable for any losses relating to any business of yours, for example, lost revenue, income or profits or any interruption to your business.
18.2. You have legal rights if the Equipment or items that make up a purification supplies pack are faulty, or if it is not as we have described, or if the services provided as part of the Virgin Pure Membership were not carried out with reasonable skill and care. Further information and advice about these legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
18.3. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our non-compliance or negligence. This means we will be responsible for any loss or damage if it was an obvious consequence of our non-compliance or if we knew that such loss or damage may result from our non-compliance at the time of entering into this contract.
18.4. Subject to clause 16.6, we will not be liable for any loss or damage suffered by any person who does not operate the Equipment in accordance with the Ownership and Care Guide provided to you on installation, or any replacement guides.
18.5. When we install the Equipment you agree that we will carry out the necessary work as part of the normal installation procedure. We will make good any damage to your property caused by us in the course of installing the Equipment and/or providing the services provided as part of the Virgin Pure Membership. This does not include work that alters any part of your property as part of the normal installation procedure (e.g. if we need to drill a hole in a worktop to install the Equipment). We shall not be responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance of the services.
18.6. We do not exclude or limit in any way our liability for:
18.6.1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
18.6.2. fraud or misrepresentation;
18.6.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982
18.6.4. breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982; and
18.6.5. defective products under the Consumer Protection Act 1987.
18.6.6. Our maximum liability to you shall be a sum equal to the total sums paid by you to us under the Membership Agreement over the preceding 12 months, except with respect to any liability under clause 16.6 in which case our liability to you is unlimited.
18.6.7. Nothing in these Terms will affect your legal rights.
19. Things beyond our reasonable control
19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Membership Agreement that is caused by an event beyond our reasonable control (such as strikes, lock-outs or other industrial action by third parties, civil disorder, acts of terrorism, war, epidemics, exceptionally severe weather, fire, explosions or acts or omissions of others for whom we are not responsible).
19.2. If an event beyond our reasonable control takes place that affects the performance of our obligations under the Membership Agreement we will contact you as soon as reasonably possible. The performance of our obligations will be suspended during the duration of the event and we shall either redeliver or re-start the performance of our obligations as soon as is reasonably possible after the event is over. You are not required to pay any sums which fall due during any period of suspension but this does not affect payment of sums which fell due prior to this date which you must still pay us.
19.3. You may cancel the Membership Agreement with us without liability if an event beyond our reasonable control takes place and we are unable to provide you with the services under your Virgin Pure Membership. If you do we will refund you any Charges you may have paid in advance for services that have yet to be performed.
19.4. We may have to cancel the Membership Agreement before the installation of the Equipment due to an event beyond our reasonable control or the unavailability of the Equipment, or any of the items that make up your water purification supplies or technicians to install the Equipment. We will let you know as soon as possible if this happens. If we cancel the Membership Agreement under this clause 17.4 we will refund you any payments you have made in advance for the Equipment and/or the Virgin Pure Membership.
19.5. If we have to stop providing you with any or all of the Virgin Pure Membership services we will provide you with at least 30 calendar days’ prior notice in writing and you or we have the right to terminate the Membership Agreement between you and us. On such termination we will refund you any Charges paid in advance but we will not refund any Charges you have paid for services or Equipment usage which you have already benefited from.
20. Contact details
20.1. Our registered office address is Virgin Strauss Water UK Limited, Unit 3B Henley Business Park, Pirbright Road, Normandy, Guildford, Surrey GU3 2DX. Company registration number 4880825. VAT Number GB 832101383.
20.2. If you have any questions or wish to provide feedback or make a complaint, please contact our Customer Service team on 020 7022 6471 or by e-mailing us at email@example.com.
20.3. Any type of notice relating to the Membership Agreement must be in writing and delivered by email, by hand or sent by pre-paid post to us at the address shown on the front of this Membership Agreement.
21.2. Please read the following carefully to understand our views and practices regarding your personal data and how we will collect it and process it.
21.3. For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Virgin Strauss Water UK Ltd, Unit 3B Henley Business Park, Pirbright Road, Normandy, Guildford, Surrey GU3 2DX. Our nominated representative for the purpose of the Act is Thomas Stazicker.
21.4. Any questions, queries or comments related to this policy should be addressed to us at firstname.lastname@example.org. You can ask us to stop contacting you at any time by any method including contacting us at email@example.com.
21.5. If the personal data we hold about you is incorrect please tell us so we can keep your records up to date. In particular, should you move home during your Virgin Pure Membership you shall inform us of your new address without delay.
22. Data we may collect and process
We may collect the following personal data about you:
22.1. information you provide when placing an order with us, for example billing and delivery address details, telephone numbers, credit card or other payment information;
22.2. information you provide if you contact us (we may keep a record of that correspondence);
22.3. information you provide if you respond to any of the surveys we issue for research purposes. You are not obliged to respond to these surveys;
22.4. records of transactions you carry out through our website and of the fulfilment of your orders;
22.5. details of your visits to our website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access;
22.6. information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual;
22.7. information collected using cookies.
23. What we do with your information
We use personal data held about you in the following ways:
23.1. to fulfil orders which you have placed with us;
23.2. to ensure that content from our website is presented in the most effective manner for you and for your computer;
23.3. to carry out our obligations arising from any contracts entered into between you and us;
23.4. to allow you to participate in interactive features of our service, when you choose to do so;
23.5. to notify you about changes to our service.
23.6. Where you are an existing customer and have provided us with information about yourself, to contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. Where you are a new customer and have provided us with information about yourself and you have given your consent, to contact you by electronic means with information about our goods and services. If you do not want us to use your data in this way please un-subscribe the relevant box situated on the form on which we collect your data.
23.7. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to us or our website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access to that information.
24. Disclosure of personal data
24.1. We do not share your information with third parties for marketing of their products or services.
24.2. We may disclose your personal data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
24.3. Where necessary to provide you with the Equipment or the Virgin Pure Membership we may share your information with our selected business partners.
24.4. It may be necessary for us to disclose your personal data to third parties in the following circumstances:
24.4.1. where we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
24.4.2. if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property, or safety of Virgin Strauss Water UK Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection. where a third party provider or processor provides services on our behalf.
25. Your rights
You have the right to:
25.1. ask us not to process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes. You can exercise your right to prevent such processing by unsubscribing certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org;
25.2. apply for a copy of the personal data held about you by contacting us at email@example.com. For which we may charge an administration fee which is currently £10.
28.1. If either we chose not to, or delay in, enforcing any right or remedy under the Membership Agreement this will not be a waiver of those rights or remedies and you will still have to comply with your obligations under the Membership Agreement.
28.2. You may not transfer the Membership Agreement to anyone else. We can transfer our rights and obligations under this contract (including ownership of the Equipment), on the same terms, to another organisation but this will not affect your rights or our obligations under these Terms.
28.3. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.
28.4. Each of the clauses of these Terms, or parts thereof, operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
28.5. The Membership Agreement incorporates all the terms agreed between us and may only be varied by a document signed by both of us.
28.6. The Membership Agreement shall be governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the English courts
Finally — If in doubt, talk to us
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