Ask Charlie Members Club Terms & Conditions

Membership Terms & Conditions – A Quick Guide

You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

Ask Charlie will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ask Charlie or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Memberships are monthly recurring on auto-debit. Once purchased, memberships renew each month automatically. There is no start-up or cancellation fee, so while we cannot “freeze” memberships for travel etc, there is no penalty for temporarily cancelling and renewing when you’re able to re-join.

Each membership provides a set amount of content per month.

Cancellations

You can cancel your membership at any time. If you cancel after your billing date, your membership will still be active with us until the day it would renew. For example, if your membership begins on the 15 and you cancel on the 23, you will still have access until the 15 of the next month.

Refunds

We cannot offer refunds for memberships. In some instances and at our discretion, we can work with you on refunds if, for instance, you forgot to cancel your membership until the day of your billing. In general letting us know early is appreciated.

Full Terms & Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the Ask Charlie Members Club platform (“the Platform”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon you clicking 'accept' to register as a Member. If You do not agree to these Terms and Conditions, then you are not permitted to register as a Member.

Last updated: February 2023

Definitions

• 'Member' means an individual that has registered as such on the Platform and has had a Member Account set up on the Platform

• ‘Member Content’ means any information that a Member enters or uploads to the Platform, excluding Personal Information entered to register, but including information entered to activate an account, in the Profile sections of the Platform, in page Discussion Topics, any Activities and the Forum.

• ‘Member Name’ means the username you select to identify yourself to other Members and which will be available to Facilitators.

• ‘Personal Information’ means information about an identifiable individual, including You and others, e.g. Your real name, email address, post code, city and date of birth.

• 'Platform' means the website located at www.askcharlie.how/membersclub and pages therein under the control of Ask Charlie.

• 'Terms' means these Terms and Conditions and any and all other documents referred to herein.

• 'We' or 'Us' or ‘Ask Charlie’ means Ask Charlie; and 'Our' shall be interpreted accordingly.

• 'You' means you, the user of the Platform and 'Your' and 'Yourself' shall be interpreted accordingly.

• “The Community” means the area of the Platform where You can post and interact with other users, including trained volunteers and professionals.

• “Facilitators” means trained volunteers or professionals assigned by Ask Charlie CIC or our partners to provide guidance to Members.

Application and acceptance

We reserve the right, at our sole discretion, to change or update these Terms from time to time, subject to Your termination right as set out below. We may notify you by email of changes but it is Your responsibility to check these Terms regularly for any changes. We will post the last date of any change to these Terms at the top of this page. Your continued use of the Platform after any such changes constitutes Your acceptance of the new Terms. If You do not agree to abide by these Terms or any future terms then You must discontinue using the Platform.

Eligibility

You must be 18 years or over to register as a Member. If We discover or have any reason to suspect that You are not over 18 years of age, We may ask for proof or carry out checks to verify your age and We reserve Our right to suspend or terminate Your membership to the Platform immediately without notice and to take any other actions in accordance with applicable law.

Your promises to us

You confirm that:

• All information and details provided by You to Us (including on registration as a Member) are true, accurate and up to date in all respects and at all times. You may request us to update your information exercising Your rights as set out in Our Privacy policy.

• You will comply with these Terms including, without limitation, the restrictions relating to acceptable use set out in the code of conduct section below.

• You agree to compensate Us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from Your use and Membership or arising from any breach or suspected breach of these Terms by You or Your violation of any law or the rights of any third party.

Your Account

When You register as a Member, You will select a password and Member name that You can use to access Your profile and to log on to the Members' area of the Platform. You are responsible for maintaining the confidentiality of Your password and Member name and are responsible for all activities that occur under them. We do not have the means to check the identity of people using the Members' area of the Platform and will not be liable where Your password or Member name are used by someone else. You agree to notify Us immediately of any unauthorised use of Your password or Member name or any other breach of security of which You become aware. You agree to be fully responsible for all use of Your account and for any actions that take place using Your account and to maintain and promptly update any information You provide to Us when You register, to keep it accurate, current and complete.

In order to maintain Your anonymity, You may wish to not disclose in any way Your real name and/or any details by which You could be identified (including Your address, telephone numbers, e-mail addresses, or location information, e.g., where You receive healthcare etc.) or the Personal Information of others, including their names. If you wish to do so, do not include Your real first name in Your Member name.

Member Content

You are solely responsible for Member Content that You post or create on the Platform including any activities and posts in the Community. We respect the intellectual property rights of others and We prohibit Members from uploading, posting or otherwise transmitting on the Platform any materials that violate another party's intellectual property rights. When We receive notification of a potential copyright infringement, We will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringes. We may remove Member Content from the Platform for any reason or no reason, including without limitation, Member Content that in Our sole judgement contravenes these Terms, that might be offensive, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of other Members, or other people in general or Member Content that has generated a complaint which warrants further investigation. You may not post, transmit, or share Member Content on the Platform that You did not create or that You do not have permission to post. You understand and agree that We are not obliged to review the Platform for copyright infringement and are not responsible for Member Content posted by third parties without Our knowledge.

When You post Member Content to the Platform, You authorise and direct Us to make such copies thereof as We deem necessary in order to facilitate the posting and storage of such Member Content. By posting Member Content to any part of the Platform, You grant, and You promise that You have the right to grant, to Us consent to use, copy, publicly perform, publicly display, reformat, translate (in whole or in part) and distribute such Member Content in an anonymised form for any purpose on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Member Content. You may request to remove Your Member Content from the Platform at any time by emailing Us at charlie@askcharlie.how. Ask Charlie may need to process your Member Content for health or social care purposes and does process your Personal Information for archiving purposes in the public interest, and for scientific or historical research purposes or statistical purposes. We will ensure that where we process the Member Content and Personal Information for such purposes we comply with the requirements of the applicable data protection law to ensure that the data is protected by anonymisation or pseudonymisation and such processing is kept to the minimum required to achieve the purpose.

Ask Charlie content

All content made available on the Platform, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, are Our property or are licensed to Us with all rights reserved. Such content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Our prior written consent. This excludes Member Content that You legally post to the Platform.

Subject to the above, You may download insubstantial excerpts of Our content to Your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

Any use of Our content other than as specifically authorised in these terms, without Our prior written consent, is strictly prohibited and will terminate the licence granted here. Such unauthorised use may also contravene applicable laws including without limitation copyright and trademark laws. This licence is revocable at Our sole discretion, at any time and without notice.

Links and third-party websites and content

Links to other sites may be included on the Platform. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Code of conduct

We support the free flow of information and ideas over the Internet and we encourage our members to express themselves and make use of the peer support available. However We do seek to balance this aim with our obligations to other Members and at law. We therefore require that You do not:

• Say or do anything that would cause annoyance, inconvenience, harassment or needless anxiety to others.

• Use foul, threatening or offensive language including, without limitation, racist, sexist, ageist, homophobic or sexually explicit language where inappropriate.

• Make insulting remarks to or about other Members or any person generally.

• Distribute illegal, copyright infringing, indecent or offensive material or any messages or Member Content that may incite disorder or encourage illegal activities or that causes or may cause harm to minors.

• Impersonate another person or Member or a Facilitator.

• Transfer files that contain viruses, trojans or other harmful programs.

• Use the Platform to conduct any fraudulent activity including any 'pyramid scheme'; 'ponzi scheme' or 'chain letter’.

• Access or attempt to access Members’ accounts or to penetrate or attempt to penetrate the Platform security measures.

We may take any or all of the following actions at Our sole discretion:

• Remove any Member Content or information (including Member profile photographs) that We deem inappropriate or We suspect to be illegal, may subject Us to liability or which may contravene these Terms, Our Privacy policy or any privacy laws or where We are required to do so by law.

• Issue Members with verbal or written warnings and take such further action as We deem appropriate if such warnings are not heeded.

• Suspend or terminate a Member's access to certain areas of the Platform or a Member's account without notice at any time.

• Inform the appropriate authorities and provide them with information regarding any suspected illegal activity.

• Bring legal action against a Member in relation to any breach of these terms or any illegal or suspected illegal activity.

You are solely responsible for Your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between You and other Members.

You acknowledge that We may be required by law or regulation to access, monitor, store or copy material sent by or to Members without further notice to You.

Privacy

Your privacy and that of all our Members is very important to us. Please read Our Privacy Policy for important information regarding the collection, use, disclosure and retention of Your Personal Information and Your rights in relation to this. Our Privacy policy is incorporated by reference into, and accordingly is part of, Our Terms.

Termination

You may cancel Your Membership at any time.

If you cancel after your billing date, your membership will still be active with us until the day it would renew. For example, if your membership begins on the 15 and you cancel on the 23, you will still have access until the 15 of the next month.

We may terminate Your Membership, delete Your account and Your Member Content and/or prohibit You from using or accessing the Platform for any reason, or no reason, at any time in Our sole discretion, with or without notice, including without limitation if We believe that You are under 18.

Our legal obligations and limits on liability

While We have taken every care in compiling the Platform, You acknowledge that the information contained on the Platform does not constitute medical or professional advice. The Platform is provided for information purposes only and all content and services on the Platform are provided on an 'as is' and 'as available' basis. We do not make any promises to You in respect of the Platform or its content, including, without limitation, information provided by or regarding other Members and Member Content. Do not use the information on the Platform to diagnose or treat any medical condition. You should never disregard or delay seeking medical advice because of something that You have read on the Platform.

Any decision made or action taken by You on the basis of information provided on or via the Platform is at Your sole discretion and risk. You should seek appropriate professional advice before acting (or not acting) in reliance on any information contained in or accessed through the Platform. So far as is permissible by law, We do not accept any liability to any person relating to the use of the Platform.

While We will use all reasonable endeavours to correct any errors or omissions in our content as soon as practicable once they have been brought to our attention, We do not promise that the Platform will be available uninterrupted and in a fully operating condition nor that the information on and provided via the Platform will be free from errors or omissions. We shall not be liable for any failure or suspension of the Platform, or for termination of access to the Platform or access to content, including Member Content.

Due to the fact that many technical aspects of the Platform and the content provided is supplied by or otherwise dependent on third parties, We are not responsible for the accuracy, suitability, reliability, completeness, performance, satisfactory quality, fitness for a particular purpose, or freedom from viruses, or other harmful programs of the content and Member Content contained in or accessed through the Platform.

To the fullest extent permitted by law, We accept no liability to You for any loss or damage, whether foreseeable or otherwise, arising out of or in connection with the use of (or inability to use) the Platform.

Nothing in these Terms excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence or for any other forms of liability which cannot be excluded or restricted by law.

General

By accessing the Platform, You agree that these Terms and all matters relating to the access to, or use of, the Platform shall be governed by the laws of England. If You wish to take court proceedings against Us You must do so within the courts of England and Wales.

If any part of these terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.

Complaints and feedback

If You have any complaints about another Member or any aspect of the Platform or if You have any questions or would otherwise like to provide any other feedback, then You can contact Us by emailing: charlie@askcharlie.how.

All formal complaints will be acknowledged within seven working days. Each complaint will be investigated and a response will be provided in a reasonable time (usually within 21 working days). In the first instance, your complaint will be dealt with by Charlie Gray.

This Platform is not intended for individuals in an emergency. If you are in a life-threatening situation please immediately dial your country’s emergency number or go to your nearest Accident and Emergency Department.