BY USING THECUMULUS.CLUB, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW.
The terms “we” “us” and “our” refer to Runway Media UK Limited which uses trading names such as Touchdown Radio, The Cumulus Club & Cumulus Wellbeing. The term the “Site” refers to thecumulus.club which is provided by White Fusion. The terms “user” “you” and “your” refer to site visitors, customers, members, partners and any other users of the site.
The Site is a membership site for online discounts, savings, resources and other content relating to aviation, flying, flight training and health, fitness and wellbeing and growing a membership site (the “Service”).
Use of the Site, including all materials presented herein and all online Services provided by Runway Media UK Limited is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, partners and all other users of the Site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
All parties agree that the Service is in the nature of providing additional value to an individual, business or brand. The scope of the Service provided by Runway Media UK Limited according to these Terms and Conditions are limited to those listed on the Site. Runway Media UK Limited reserves the right to substitute services equal to or comparable to the Services listed, if the need arises, without prior notice.
Runway Media UK Limited provides discounts, savings and other such related services on behalf of our partners. Our partners have the right to withdraw any offer at any point; Runway Media UK Limited are not responsible in any way for the partner discounts, savings or related services and will not be liable for a refusal from a partner or any financial cost as a result of information not being correct at the time of redemption.
For the avoidance of doubt Runway Media UK Limited does NOT receive any "commission" or "Referral Fee" from its partners, for qualifying purchases made by you. Once that partner has confirmed the purchase, this ends the transaction between Runway Media UK Limited and you with regards the qualifying purchase made by you on the Site.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 16 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 16 are prohibited from using the Site. Information provided on the Site and in the Service related to membership and other information are subject to change. Runway Media UK Limited makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Runway Media UK Limited disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
We or our partners may offer new or additional services through the Quidco Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Quidco Service in an appropriate manner when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
OPERATION OF THE SITE & SERVICE
We reserve the right to withdraw, modify or suspend aspects of the Site & Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which adversely affect the Site & Service. There may also be times when the Quidco Service becomes inaccessible as a result of technical difficulties experienced by the Site & Service or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to Site & Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Site & Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the Site & Service; however, we will never ask you for your password via email, telephone, or any other means other than through the www.thecumulus.club website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Runway Media UK Limited will always be accurate, correct, and up to date, and shall continue to be kept up to date within your account. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
Only the registered user may use this Service, no sharing of login details will be permitted and disregard or violation of this will have access removed without notice.
You must be at least 16 years of age to obtain an account to use the Service. A person may have no more than one account. You must be a resident of the UK to register for an account.
In using or registering for an account, you must provide accurate and current information about yourself - including, where requested, your correct name, address, and any other requested details. If you are asked for, and provide, details of a bank account, PayPal account, credit card or other account into which you wish to receive payments or pay for our services, you (a) must ensure that you are, and remain, fully entitled to use that card or bank method, (b) confirm that you understand that any subscriptions will be taken from the registered payment method, and (c) ensure that the details of that car / bank information are, and continue to be, accurate. You should keep this information updated throughout the duration of your membership account.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change your email address, then you must change the address we hold for you on your account.
Where you register debit or credit cards numbers ("Identifier Cards") for the tracking of your transactions you may only register a maximum of 1 (one) Identifier Card per account, however this may include debit or credit cards belonging to other members of your household/family providing that they have consented to the registration of their Identifier Cards. We may request that you provide written evidence of such consent at any time. If we are not satisfied that all Identifier Cards are included with the cardholder's consent, we reserve the right to de-register any or all Identifier Cards on your account. Should you attempt to enter the details of an Identifier Card that has already been registered on your account, you will be informed that the Identifier Card is already registered.
CONTACT FROM THIRD PARTIES
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact; and
to respond promptly and accurately to it, should we pass the message to you for a response.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.
Users are forbidden to transmit, share or pass any information of the offers, discounts and savings codes to anyone other than the person registered to use this Site, this includes but is not limited to family, friends, colleagues, social media, verbal communication, digital platforms etc.
We reserve the right to suspend or terminate any accounts to have access to the Site & Service, or parts of it, if in our reasonable view the relevant account holder appears to be in breach of any provision of this Agreement.
An Account should be used only for purchases on the Account Holder's own behalf, and not on the behalf of, or for the benefit of, any other person(s).
Account holders must not enter into, or attempt to enter into, any transaction with a retailer or to endeavour to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a retailer's offering, or (c) in breach of any terms and conditions applied by Runway Media UK Limited or the partner to that transaction.
If you see or experience anything on the Site or within the Service that appears to infringe any of the above requirements, we would like you to inform us by emailing [email protected]
Each account holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other account holders - to be in breach of this Agreement.
REFUSAL OF SERVICE
The Services are offered & provided subject to our acceptance of your order, request or transaction. We reserve the right to refuse the Services to any order, person or entity, without the obligation to assign reason for doing so. No order or transaction is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to remove the accounts held by any individuals representing companies that offer a similar or directly competing Service.
Runway Media UK Limited reserve the right to restrict and remove access held by members without notice, if violations occur and such members will not be refunded by any unused remaining period of the Services membership.
We will email you to confirm the placement of your order or booking and include details concerning product or services delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Upon confirmation of your Services membership, you will be emailed with your unique membership number by email, you will have full access to the platform from membership purchase date. Runway Media UK Limited will also issue you with a Membership Card in which to present at any participating partners for your special discounts, rates and services as agreed with the partner, this will be sent to the address provided in registration.
A replacement card can be ordered only in the case of theft with a police crime number as proof, cost of replacement cards are £20.00
DURATION OF SERVICE MEMBERSHIP, CANCELLATIONS & REFUNDS
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Runway Media UK Limited when there are reasonable delays in the access of the Service.
Runway Media UK Limited reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but are not required to do so under these Terms and Conditions.
If you are paying on a monthly subscription this allows you access to the Service for 30 days. Failure to pay your monthly subscription payment will result in access to the Service being stopped.
You may cancel your monthly subscription at any time via your "My Account", but due to the nature of the Service, no refunds will be made for any membership fees already paid.
For annual subscriptions you will receive 365 days access. You may cancel the automatic renewal of your annual subscription at any time and your access to the Services will end at the end of the current contracted membership term.
Upon any membership cancellation you will no longer have access to the Service, including all content and community resources, once your current membership term is completed.
For the avoidance of doubt, no partial refunds are given should you terminate an annual membership subscription before your renewal date, however you will retain access to the Service until the end of your current annual membership term.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.
MINIMUM SERVICE VALUE
Runway Media UK Limited will guarantee a minimum Service value opportunity of 900% plus initial membership investment to all its members. This means the Service will, as a minimum, offer its members access to this combined value of offers, discounts & services.
PRODUCT / SERVICE DESCRIPTION
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you or partners supply to Runway Media UK Limited. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Runway Media UK Limited remains yours to the extent that you have any legal claims therein. You agree to hold Runway Media UK Limited harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by Runway Media UK Limited for promotional, business development, and marketing purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Runway Media UK Limited, including trademarks, copyrights, proprietary information, and other intellectual property. Runway Media UK Limited's copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including Runway Media UK Limited’s copyrighted materials shall remain the sole property of Runway Media UK Limited. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Site or Service, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, RUNWAY MEDIA UK LIMITED IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF RUNWAY MEDIA UK LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL RUNWAY MEDIA UK LIMITED’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM RUNWAY MEDIA UK LIMITED, AND IF NO PURCHASE HAS BEEN MADE BY YOU RUNWAY MEDIA UK LIMITED’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED £5.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are part or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Runway Media UK Limited. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Runway Media UK Limited reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of the Runway Media UK Limited assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
ENTIRE AGREEMENT; WAIVER
These Terms and Conditions constitute the entire agreement between you and Runway Media UK Limited pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Runway Media UK Limited shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Runway Media UK Limited.
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Runway Media UK Limited
86-90 Paul Street
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable solicitor's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
The Service is governed by English Law and all and any legal proceedings will be that for the courts of England & Wales.
If any term, provision, covenant, or condition of these Terms and Conditions are held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Updated: 19th March 2021