Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST REVIEWED THEM.

ABOUT OUR TERMS AND CONDITIONS

1. GENERAL TERMS

• 1.1  About our Services
  
  For Members in the United States:  For members residing in the United States, these Services are operated and provided to you by VMI, and by accepting these terms, you are entering into a contract with VMI.  Some of the services made available to you through VMI are offered and fulfilled by VML.  
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  For Members outside the United States:  For members residing outside of the United States, these Services are operated and provided to you by VML, and by accepting these terms, you are entering into a contract with VML.  Some of the services made available to you through VML are offered and fulfilled for VML by VMI.
  
  Our Services include recommending and procuring bookings for restaurants, travel, events, experiences, and facilitating purchase of retail items. However, the Services that Velocity Black provides are always evolving and the form and nature of the Services that Velocity Black provides may change from time to time. You can find further information about our Services on our Website and in our App.You are solely responsible for your use of the Services. You may only create a member profile with Velocity Black and use the Services if you are at least 18 years of age. We do not knowingly market our Services to children. You may only create a member profile with Velocity Black if you are legally capable of forming a binding contract with Velocity Black and are able to abide by and comply with these Terms. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.The Services are designed for your personal use. You may not open an account using the Services on behalf of another individual, a company, organization, or other entity. If the need arises, we may suspend your access to our Services, or close them indefinitely (which may be without notice to you, although we will do what we reasonably can to notify you in advance, where we can reasonably do so).
  
  1.2  Links to Third Party Websites and Linking to our Services
  
  Our Services contain links to websites, apps and other services which are operated and owned by third party service providers or retailers. Third parties may charge a fee for their services, for which Velocity Black will have no liability. Velocity Black is not responsible for any content or other information provided by any third party.
  
  You will also be bound by the terms and conditions and privacy policies imposed by third parties with or through whom you book goods or services. Please check these carefully, as we have no responsibility or liability for the terms and conditions of any third party. Please see section 4 below for further details.
  
  Our Services must not be framed, “mirrored” or otherwise incorporated into or on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice to you.
  
  1.3 Our Right to Collect Commissions
  
  You acknowledge that we reserve the right to accept commissions from suppliers of the goods and services that we promote and/or make available to you, and that the price of the goods and services may reflect that commission.

2. ACCOUNT REGISTRATION AND VERIFICATION

• 2.1 Registering to Use our Services
  
  In order to register, you must complete the following steps:
  (a) visit our Website.
  (b) complete and submit the online request for information about joining Velocity Black, providing your name, mobile telephone number, and email address.
  (c) once you have submitted a request for information, we may reach out to request more information or schedule an initial discussion.  
  
  All applications for membership are subject to acceptance at our sole discretion. We may assess applications to ensure that applicants are both eligible for membership and a suitable member for the Velocity Black community. Our decisions regarding membership applications are final, and no explanation of why a prospective member has not been admitted need be given. We will only contact you if and when your membership application has been approved.
  
  All personal details you give to us through the Services will be collected and processed in accordance with our Privacy Policy.You confirm that all registration information and other personal details provided to Velocity Black is, and will be, true and accurate.
  
  You will also keep us promptly updated of any changes to your registration information and other information we request in order to maintain your account. Any inaccurate information may invalidate your account and subsequent purchases, bookings and other requests for the Services.
  
  2.2 Keeping Your Account Information Confidential
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  You are solely responsible for keeping your registration, login information, and other personal details (including your email address and access to any two-factor authentication methods including SMS and email) for your account confidential. You are responsible for maintaining the confidentiality of your login information and agree to notify us immediately if you suspect that any third party has used your account or had access to your account.
  
  You are responsible for any and all use of your account. You agree that you will not disclose your account details or login information to any other person or allow any other person to use your account, and you agree not to use the account, email address or personal information of another member of the Services at any time. You may authorize additional users as your authorized “Delegates” via the app. Delegates will have the ability to make purchases and bookings on your behalf through email, but they will not have access to the App.  You will be included on all Delegate communications and need to approve all Delegate requests before they are fulfilled by us.  You shall be solely responsible for all use of and activity performed through your account, and may be held liable for losses incurred by us or any other user of the Services caused by you or someone else using your account. If you suspect unauthorized use of your account, you agree to report it promptly and are responsible for disputing any charges with the merchant and your payment issuer.

3. MEMBERSHIP

• 3.1 Membership Fees and Automatic Renewal
  
  Your use of the Services is conditional on your paying in full our annual membership fees plus any applicable initiation fee and taxes (collectively, “Fees”) pursuant to Section 3.2 below. The total Fees amount will be made available to you via email in advance of the commencement of your membership and after your application for membership has been approved.  If you wish to complete your membership application, you will need to pay your Fees for your first year of membership in accordance with Section 3.2 below. Your membership only commences once we are in receipt of the Fees.
  
  Your membership is valid for 12 calendar months from the date when it is granted or renewed, as applicable (the “Subscription Term”).  Your membership will automatically renew, upon expiration of each Subscription Term, for successive 12-month periods in perpetuity, unless you cancel your membership account prior to the end of the then-current Subscription Term.  Unless you cancel the automatic renewal of your membership in accordance with the termination provisions herein, your payment method will be automatically charged the then-current Fees upon renewal of each Subscription Term.  You can cancel your membership through any of the methods described in Section 3.5.
  
  We will email you at least 30 days before the end of your then-current Subscription Term, to notify you that your membership is due for automatic renewal for an additional term of the same length. In this email, we will provide details of the renewed membership, the renewal Subscription Term, Fees, when payment will be taken, instructions on how you can notify us that you do not want to renew your membership or exercise your right to cancel within the Cancellation Period of the renewal Subscription Term as defined in Section 3.4, and a copy of the then-current Terms. You can choose to opt-out of automatic renewals.
  
  The Fees may vary from time to time. In the event that the annual membership component of the Fees varies from one Subscription Term to another, we will inform you of the change at least 30 days before the expiration of your then-current Subscription Term.
  
  We reserve the right to refuse to grant or renew membership in our sole discretion and for any reason permitted by law. We are under no obligation to provide reasons for our acceptance or refusal of any application or renewal.
  
  3.2 Payment of Fees
  
  ‍Initial membership payments and membership renewals can be made by credit card, debit card, or charge card from which you have authorized us to deduct such payment.  In some cases, at our complete discretion and with no obligation to do so, we may accept payment by bank transfer.  
  
  Membership Fees must be paid in US Dollars or or GBP Sterling.  Any exchange rates and/or fees associated with paying for your membership will be determined by your payment issuer and/or payment processor and not Velocity Black.
  
  Membership renewals are processed automatically and payment for then-current Fees will be taken automatically on or around the first day of the new Subscription Term (“Renewal Date”).  In authorizing a recurring payment (“Continuous Payment Authority”), which you will do by accepting these Terms, you permit us to charge any sums due to your card in order to renew your Subscription Term and continue your membership. Full details of the amount due and date of payment will be contained in your renewal invitation. You may cancel the continuous payment authority at any time by contacting us. If you do not wish to renew your membership, you can cancel at any time in accordance with the procedure set out in section 3.5 below and no further payments will be taken. Memberships are non-transferable and cannot be paused or suspended.
  
  3.3 Cancellation Rights
  
  Once a Subscription Term has commenced, we do not offer refunds, credit notes or prorated fees except in the circumstances set out in sections 3.4, 12.1 and 12.4 below (or as otherwise required by applicable law).
  
  In addition, we do not offer refunds, credit notes or prorated fees to anyone subject to economic sanctions implemented by the U.S. Treasury’s Office of Foreign Assets Control (OFAC), HM Treasury, or other applicable sanctions authorities (or if doing so could cause us to otherwise be in violation of any sanctions, export controls, trade embargoes or other similar restrictive measures from time to time imposed, administered or enforced by a relevant authority). This includes, without limitation, individuals designated on OFAC’s Specially Designated Nationals and Blocked Persons List or who are ordinarily resident in a sanctioned jurisdiction.
  
  3.4 Refunds
  
  Your right to cancel: You have the right to change your mind and cancel your membership and be refunded the then-current Fee within 14 days after the start of your paid membership and within 14 days of the commencement of any renewal Subscription Term (“Cancellation Period”). If you exercise such right to cancel your membership during the Cancellation Period in accordance with the provisions of Section 3.5, we will provide you a refund of the Fees paid by you for the most recent Subscription Term, less deductions for any fees you have incurred through acquiring goods or services prior to receipt of your request to cancel. Such reimbursement shall be made to you:
  
  (a) using the same means of payment as you used for the initial transaction, unless otherwise agreed in written correspondence between us; and
  (b) without undue delay and in any event no later than fourteen (14) days after our receipt of your request to cancel.
  
  We don't charge a fee for the refund.  No refund will be due if you terminate your membership after the Cancellation Period unless the provisions of Section 12.3 apply.
  
  3.5 How to Cancel
  
  You may cancel by any of the methods outlined below:  
  
  a) requesting cancellation at www.velocity.black/contact;
  b) sending a clear cancellation request to [email protected];
  c) sending a clear cancellation request through the chat feature of the App;
  d) sending a clear cancellation request via letter sent by post to the address of VML’s registered office listed at the top of these Terms. You may use the model cancellation form in the Appendix to these Terms, but this is not obligatory.  
  
  3.6 Lifetime Partner Memberships
  
  We may offer existing members the chance to extend a new and separate membership (“Lifetime Partner Membership” or “LTP”) to another individual (LTP Member) for a fee that we will communicate at the time of offering.  As part of these opportunities, Velocity Black may require that the LTP be contingent upon certain factors, including (1) the existing member’s continued consent that the LTP remain active; and (2) the existing member maintaining active and fully-paid membership with Velocity Black.  Where LTPs are contingent upon particular factors, including but not limited to those listed in this paragraph, Velocity Black may terminate the LTP if any of the contingent factors are at any point not satisfied.  LTP Members are also subject to and will be considered a “member” under these Terms, as such all terms, conditions, obligations and restrictions under these Terms apply equally to LTP Members and their memberships can be revoked for any reason contained herein.  Velocity Black has no obligation to share information about an LTP with an existing member, including why or if an LTP has been terminated.  Velocity Black also has no obligation to share information about an existing membership with an associated LTP, including why or if the existing membership has been terminated.

4. OUR LIFESTYLE SERVICES

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  4.1  Types of Requests
  
  Requests to our Travel, Luxury Goods, and Dining divisions may be accepted at our sole discretion. Requests for restaurant reservations may be accepted subject to Velocity Black being given at least 2 (two) hours notice ahead of the desired reservation time.
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  4.2 Ordering Goods and Services From Third Party Suppliers
  
  The terms in this Section apply when, on your instruction, we:
  
  a) make bookings, purchases, or reservations on your behalf from one or more supplier(s) that we have identified, recommended, sourced or otherwise referred to you, or that you have requested (a “Supplier”);
  
  b) facilitate your purchase of goods and/or services, or your making of any booking or reservation, from any Supplier by acting as an intermediary, conduit or booking platform, or by remitting the relevant payment(s) from you to Suppliers;
  
  c) may act as the travel agent of a Supplier to contract with you for the provision travel-related services, or to make any booking or reservation; or
  
  d) undertake any other services that we have agreed from time to time, except those explicitly stated as not applicable under this Section 4.
  
  The purchases set out at a) to d) above shall be referred to in these Terms as “Lifestyle Service(s).”
  
  The terms in this Section  do not apply where we provide you with a link or other details for you to order goods or services from a Supplier directly and without any further involvement from us (if this is the case, please see Section 1.2 above).  Regardless of whether the purchase of a good or service is facilitated by us or made by you directly at a third party website via the links we send you, in all instances, (i) the purchase of goods and services is between you and the Supplier, (ii) we only act as an intermediary to facilitate the transaction between you and the Supplier, and (iii) we are not acting as a principal in any such transaction.  While Velocity Black will endeavor to help with any warranty claims, replacement requests, and refunds, the fulfillment of these requests are ultimately at the discretion of the Supplier.  Velocity Black relies on Suppliers for accurate descriptions of products and services; item conditions; authenticity; policies regarding warranties, replacements, and refunds; and other service or product details.  Velocity Black can provide further information from the merchant regarding these details upon request.  Velocity Black does not independently verify the information provided by Suppliers on an individual item basis.
  
  In most cases, some separate terms and conditions (in addition to this Section) will apply to a Lifestyle Service. If so, we will make these separate terms and conditions clear to you before we agree to provide the relevant Lifestyle Service.
  
  When we make introductions, we endeavor to choose Suppliers whom we feel might be suitable for you. However, any introductions we make should not be construed as an endorsement by Velocity Black of such Supplier, or of any advice that such Supplier may give you, and you are responsible for ensuring the suitability of any third party with whom you deal (including checking the suitability, quality or merit of any goods or services that they may offer).
  
  You are responsible for paying for all Lifestyle Services ordered via our Services, regardless of the beneficiary or beneficiaries of such Lifestyle Services. For example, if you book a table at a restaurant, you are responsible for paying the bill for that table (although of course guests may pay separately if they wish and contribute to the final amount owed).  You are also responsible for any no-show cancellation fee that may be charged by the restaurant. Some Lifestyle Services (such as restaurant bookings, for example) may be subject to acceptance or confirmation from the applicable Supplier. Although we try to ensure that all availability displayed on the Service is accurate, restaurants may cancel or amend bookings after they have been confirmed. We are not responsible for any bookings canceled or amended by a third party.
  
  If you wish to amend any Lifestyle Service after your order has been confirmed, you may need to discuss this with the Supplier directly. We cannot guarantee that the Supplier will be able to accommodate any changes.
  
  The price for any Lifestyle Services (including any applicable taxes and duties known to us at the time of purchase) will be the price we advise you (by email or on our App) before we complete your order.  Import taxes including any duties that may be assessed by local states or countries after a purchase are the responsibility of the member.  Prices reflect pricing and fees from the applicable Supplier and may include additional fees charged by Velocity Black and/or third parties as applicable (including, for instance, shipping costs charged by third parties or a commission). We take reasonable care to ensure that the prices of Lifestyle Services advised to you are correct, but please see Section 4.3 below for what happens if we discover an error in the price of the Lifestyle Services you order.
  
  Our merchants are responsible for collecting and remitting taxes. Our merchants, as vendors, bill all applicable taxes to us and we pay over such tax amounts directly to the vendors who then are entirely responsible for remitting such amounts to the applicable taxing authorities. In other words, we are not the vendor collecting and remitting taxes (including, but not limited to gross receipts, sales and use tax, excise, value added taxes, GST, and any other similar taxes or assessments that might be levied by a taxing jurisdiction) to the applicable taxing authorities in connection with (or arising from) the Lifestyle Services.
  
  If the rate of any applicable taxes or duties changes between your order date and the delivery date of  the Lifestyle Services, we will adjust the rate of the applicable tax that you pay, unless you have already paid for the Lifestyle Services in full before the change in the rate of tax takes effect, in which case your payment due will not be affected.
  
  4.3 Price Changes in Lifestyle Services
  
  It is always possible that, despite our best efforts, some of the Lifestyle Services you order may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Lifestyle Service at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Lifestyle Service at your order date is higher than the price that we advised you (or we agreed in writing), we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel the contract for the Lifestyle Service(s) in question, refund you any sums you have paid and not arrange for the Lifestyle Service(s) to be provided to you.
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  4.4 Payment Requirements for Lifestyle Services
  
  ‍You must pay for your Lifestyle Services before we place your order with the Supplier. If the Supplier rejects the order or the purchase is not successful for whatever reason, your payment will be promptly refunded.Where a purchase of Lifestyle Services is not successful (the “Canceled Purchase”) and you instruct Velocity Black to procure replacement goods and/or services on your behalf (the “Replacement Purchase”), you hereby agree to the following:
  
  a) Velocity Black may advance the payment for Replacement Purchase on your behalf but to the extent the value of the Replacement Purchase exceeds that of the Canceled Purchase, you will pay Velocity Black the value of such difference before we place your order with the Supplier for the Replacement Purchase;
  
  b) to the extent Velocity Black makes an advancement on your behalf to procure a Replacement Purchase, you agree that the sum owed to you by the Supplier in respect of the Canceled Purchase is absolutely assigned to Velocity Black in consideration for such advancement (the “Assignment”); provided, however, that where the value of the Canceled Purchase exceeds that of the Replacement Purchase, the value of such difference will be remitted back to you, less any deductions permitted by these Terms or applicable law; and
  
  c) you will promptly execute and deliver such documents and perform such acts as Velocity Black may reasonably request for the purpose of giving full effect to the Assignment.
  
  You must pay all amounts due for the Lifestyle Services (“Lifestyle Services Fees”) in full without set-off, counterclaim, deduction or withholding (except for any deduction or withholding required or as permitted by law). We may at any time, without limiting any of our other rights or remedies, set off any amount owing to us against any amount payable by us to you, whether such liability is present or future, liquidated or unliquidated, and whether or not the liability arises under these Terms.
  
  The price of Lifestyle Services will be presented to you in certain currencies. Any exchange rates and/or fees associated with paying for these Lifestyle Services in the specified currency will be determined by your payment issuer, payment processor, and/or the Supplier of the Lifestyle Services, not Velocity Black.  If you think any payment or invoice for Lifestyle Services Fees is wrong please contact us promptly to let us know and we will endeavor to resolve the issue.
  
  Failure to pay for Lifestyle Services in accordance with these Terms may result in the termination of your membership. All payments for Lifestyle Services payable to us by you shall become immediately due and payable on termination of your membership for any reason.
  
  4.5  Card Payments
  
  If you pay for Lifestyle Services by card, you acknowledge and agree that we may pre-authorize your payment.  
  
  After you pay for a Lifestyle Service, we will email you a confirmation of your purchase.
  
  In the event that your payment card is lost or stolen you agree that it is your responsibility immediately to contact the applicable card company in order to cancel your payment card.
  
  4.6  Limitations in Services
  
  We reserve the right to refuse to service any request, at our sole discretion. We are under no obligation to give a reason as to why we refuse, although we may from time to time. Examples of requests that we do not service include, but are not limited to, adult entertainment, immoral or illegal requests, requests relating to firearms or controlled substances. Any member who makes an indecent or illegal request risks having their membership revoked. We may also refuse to service requests where a member has made an excessive number of requests, as determined solely by us.
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  4.7 Fulfillment of Lifestyle Service Requests After Cancellation or Termination of Membership
  
  ‍If your membership is canceled or terminated, any pending Lifestyle Services for which you have already paid (where advanced payment is required) and that have been confirmed by the Supplier will be fulfilled at the discretion of the Supplier.  We may in our sole discretion choose whether to honor any requests by you to communicate with the Supplier on your behalf and/or amend or cancel these Lifestyle Services on your behalf.  We have no obligation to do so.  
  
  For any Lifestyle Services that have not been paid for (where advanced payment is required) or confirmed by the Supplier at the time your membership has been canceled or terminated, we will have no obligation to confirm, support, amend, or cancel these Lifestyle Services on your behalf.  We may choose, at our sole discretion, to cancel the request for these Lifestyle Services upon the cancellation or termination of your membership.  We may also choose at our sole discretion to communicate with the Supplier on your behalf, but we have no obligation to do so.
  

5. PAYMENT PROCESSING

• We use the third party payment processor Stripe to process card payments.
  
  Stripe’s terms of service can be found here, and its privacy policy can be found here.
  
  By accepting our Terms, you are consenting to Stripe’s use of your personal data as set out in their privacy policies. You should read Stripe’s terms of business and privacy policies carefully and check that you are comfortable with them before making any card payments. We have no responsibility or liability for third party payment processors, or for their terms of service or privacy policies.You represent, warrant, and covenant that you have all necessary authorities to use the payment cards whose details you provide. In order to offer a seamless service, We require members to have one valid payment card saved with our payment processor(s) throughout the Subscription Term. You can add or remove additional payment cards via our App at any time.responsibility or liability omission of third party payment processors, or for their terms of service or privacy policies.
  
  You warrant that you have all necessary authorities to use the payment cards whose details you provide. In order to offer a seamless service, We require members to have one valid payment card saved with our payment processor(s) throughout the Subscription Term. You can add or remove additional payment cards via the App at any time. 

6. YOUR RIGHTS TO THE SERVICES

• Velocity Black hereby grants you a personal, non-commercial, worldwide, royalty-free, revocable, non-sub-licensable, non-transferrable, non-assignable and non-exclusive license to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to these Terms. All rights not expressly granted to you by the foregoing sentence are reserved by Velocity Black. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Velocity Black, in the manner permitted by these Terms.
  
  The rights in the Service are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, or otherwise attempt to derive the source code for the Services or any related technology, or adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the Services.
  
  Access to the Services is permitted on a temporary basis, and we reserve the right to modify, restrict access to, withdraw or amend all or parts of the Services without notice (although, where possible and for significant changes, we will endeavor to give you prior notice via the email associated with your account). We can always change the Services to reflect changes in laws or regulatory requirements, or to make minor technical adjustments and improvements We will not be liable if for any reason the Services are unavailable at any time or for any period for reasons beyond our control. See Section 9.
  
  You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all Delegates who access Services through your account are aware of these Terms, and that they comply with them.
  
  Velocity Black retains the right to set reasonable limits on use and storage from time to time. We will try to give you notice of this wherever possible.
  
  Your Consumer Rights:
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  ‍Our complaints policy. Our customer service team, which can be contacted via the App, or by email at [email protected], will do their best to resolve any problems you have with us or our Services.
  
  ‍For Members in the United Kingdom Only:  If you are a user in the UK and you think there is something wrong with the Services, you can contact Velocity Black at [email protected]. Your legal rights are summarized below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
  
  Summary of your key legal rights
  
  - You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it.
  - If a price has not been agreed upfront, what you are asked to pay must be reasonable.
  - If a time has not been agreed upfront, it must be carried out within a reasonable time.

7. VELOCITY BLACK’S RIGHTS

• 7.1 Our Rights in the Content and Services
  
  All rights (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trademarks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of Velocity Black and its licensors. The Services are protected by copyright, trademark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content provided by members of the Services) and related material are reserved.
  
  Nothing in the Terms gives you a right to use commercially the Velocity Black names or any of the Velocity Black trademarks, logos, domain names, or other distinctive brand features. Other logos and product and company names mentioned in these Terms may be the trademarks of their respective owners.
  
  7.2 Prohibition on Copying
  
  You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so.
  
  If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  
  You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organization to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8. RESTRICTIONS ON CONTENT AND USE OF THE SERVICES

• You agree that you will not use the Services:
  
  a) in any way that violates any local, national or other laws or regulations (including applicable data privacy, export and re-export control laws and regulations) or any order of a court in any relevant jurisdiction;
  
  b) to sell any goods or services unless with our prior written consent and/or as an authorized supplier partner;c) in any way that infringes the rights of any person or entity, including but not limited to their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
  
  d) to distribute advertisements of any kind (other than with our prior written consent) or otherwise communicate any false or misleading material or messages of any kind;
  
  e) in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other member;
  
  f)   in any way that promotes or incites, whether intentionally or unintentionally, racism, sexism, bigotry, hatred or physical harm of any kind;
  
  g) in any way that is abusive, defamatory, inaccurate, obscene, offensive, fraudulent, objectionable or sexually explicit;
  
  h) to solicit, provide or promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
  
  i)   to access, tamper with, cause damage to, or use non-public areas of the Services, Velocity Black’s computer systems, servers or equipment or the technical delivery systems of Velocity Black’s providers;
  
  j)   to access or attempt to access any data of other members of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  
  k) in any way that intentionally or unintentionally deceives, defrauds or swindles any other member;
  
  l)   to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancel bots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
  
  m)   interfere with, or disrupt, (or attempt to do so), the access of any member, host or network including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services, or by misusing the Services so as to interfere with or create an undue burden on the Services;
  
  n) to copy, modify, transmit, display, perform, create derivative works from, re-sell or distribute any Content, information, software, products or services obtained through the Services;
  
  o) for any and all commercial purposes, including those that compete directly or indirectly with our Services (except with our prior written consent, or as specifically permitted by these Terms);
  
  p) to bypass measures used to prevent or restrict access to the Services;
  
  q) to gain unauthorized access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
  
  r)   to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  
  s)   to scrape, deep-link, crawl or spider or otherwise use the Services for phishing, spamming, trolling or any unauthorized (commercial) purpose (except as specifically permitted by these Terms), or in connection with: (1) the development of any software programme; (2) the development, improvement, customisation, training or fine-tuning of a machine learning or artificial intelligence (AI) system; (3) providing archived or cached data sets containing contents to another person or entity; or (4) the use of any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods; or
  
  t)   to promote or support or solicit involvement in any political platform or cause, religion (recognised as organized or unorganized), cult or sect of any kind; or
  
  u) for any other purpose that is not permitted by these Terms (collectively, “Unauthorized Purpose”).
  
  While we will do what we can to protect the security of information associated with your account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You shall promptly notify Velocity Black of any actual or suspected unauthorized third party access to your account by emailing [email protected]. You shall cooperate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party. We may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct.

9. DISCLAIMERS

• Except as expressly provided in these Terms, Velocity Black and its affiliates disclaim, to the maximum extent permitted by law, all warranties, representations, guarantees and conditions in respect of the Services, whether express or implied.  Nothing in these Terms shall affect any statutory rights you may have as a consumer.
  
  Travel to certain international destinations referred to on the Services may carry more risk than others, including the risk of personal injury and damage to or loss of property. By listing or providing you with information related to such destinations, Velocity Black does not represent or warrant that traveling to such destinations is safe, recommended or without risk, and is not liable to you for any loss that arises from travel to such destinations. You should make your own reasonable enquiries about any travel destinations before booking and traveling.
  
  Engaging in certain activities and experiences referred to on the Services may carry more risk than others, including the risk of personal injury and damage to property. By listing or providing you with information related to such activities and experiences, Velocity Black does not represent or warrant that engaging in such activities and experiences is safe, recommended or without risk, and is not liable to you for any loss that arises from engaging in such activities and experiences. You should make your own reasonable enquiries about any activities and experiences before booking and participating.  
  
  We are not liable for the actions or omissions of any third parties (including any third party to whom we may have introduced you and any Suppliers) and are not liable to you for any loss or damage that arises from the performance of, or services provided by, any third party. You should always check the suitability of any third party with whom you deal, including your agreement with their terms and conditions. Please see section 4 above for further details.
  
  Please remember that members must remain responsible for their own dietary requirements at all times. If you have specific requirements that will need to be communicated to any restaurant or other service provider, please do so.Some Content provided to members is done so via third parties and we are not liable for any inaccuracies or omissions contained therein.
  
  We are not liable to you for any inability to access the Services at any time (including but not limited to scheduled or routine maintenance), for any reason beyond our control (including but not limited to any unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
  
  If we become aware that our supply of the Services is delayed by such an event outside our control, we will endeavor to contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not be liable for such delays. If there is a reasonable risk of substantial delay, you can request the termination of your membership account. See section 12.1 in relation to planned downtime. For the avoidance of doubt, if the App is unavailable but the supply of Services is still offered via email, the supply of Services will not be considered delayed.

10. LIMITATION OF LIABILITY

• This section of the Terms is important and you should read it carefully.
  ‍
  To the maximum extent permitted by applicable law, Velocity Black and its subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any:
  
  a) loss to you which was not a reasonably foreseeable consequence of our breaching these Terms or otherwise failing to use reasonable skill and care in our provision of the Services;
  
  b) loss to you which was caused by the actions or omissions of any third party (including any third party to whom we may have introduced you);
  
  c) damage to your property (including data and digital devices), unless such damage is caused by our failing to provide the Services with reasonable skill and care or defective digital content that we have supplied to you under this agreement. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place any minimum system requirements advised by us; or
  
  d) business losses, including:
  
  i. loss of profits, sales or contracts;
  ii. loss of income or revenue;
  iii. loss of business opportunity or goodwill or reputation; or
  iv. wasted management or office time.
  
  We provide the Services for private use only. Any commercial use of the Services by you requires our prior written consent and our liability for such commercial use falls outside of the scope of these Terms.
  
  Nothing in these Terms shall affect your statutory rights as a consumer or limit or exclude our liability for personal injury or death caused by our negligence or fraudulent misrepresentation or any other liability which cannot be excluded or limited under law.
  
  The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
  
  We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. See Section 9.

11. YOUR LIABILITY

• You shall indemnify us and keep us fully indemnified on demand from and against all liabilities, costs, expenses, damages and losses, legal costs (calculated on a full indemnity basis) and all other reasonable professional costs (including costs of defense of claims, suits or proceedings brought by third parties) and expenses suffered or incurred by us arising out of or in connection with your unauthorized use of the Services, the Content, your breach of these Terms and/or as a result of your violation of these Terms and/or as a result of your violation of any applicable laws or regulations.

12. TERMINATION

• 12.1 Suspension of the Services 
  We can suspend the supply of the Services to you. We do this to:
  a) deal with technical problems or make minor technical changes;
  b) update the Services to reflect changes in relevant laws and regulatory requirements; or
  c) make changes to the Services, including without limitation scheduled and unscheduled downtime.
  
  When we suspend Services to you, we will let you know, may adjust the price and may allow you to terminate. We will notify you via an email to the email associated with your account in advance to tell you that we are suspending the Services, unless the problem is urgent or an emergency. If we suspend supply, or tell you we're going to suspend supply, for more than 6 months you can request the termination of your membership account, in accordance with section 12.3 and we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term.
  
  For the avoidance of doubt, if the App is unavailable but the supply of Services is still offered via email, the supply of Services will not be considered suspended.
  
  12.2 Termination by Velocity Black
  Subject to the rights set out in Section 12.1 above, we also reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason not prohibited by law, and without liability to you, and can claim any compensation due to us, including (without limitation) in circumstances where:
  
  a) we have reasonable grounds to suspect unauthorized, unlawful or fraudulent use of the Services, or of any Capital One product or service;
  ‍
  b) we reasonably suspect that you have not complied with these Terms (including not making any payment of Fees when they fall due and suspected violations of Section 8);
  ‍
  c) another member you have recommended to us is found to have committed a criminal offense or has otherwise used the Services for any Unauthorized Purpose; or
  ‍
  d) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party.
  
  If we terminate your receipt of the Services and these Terms on any of the grounds listed in this Section, you will not be entitled to future membership of the Services and you may not benefit from the Services in any way (including but not limited to by using our Services indirectly as a guest or beneficiary of another member).
  
  12.3 Termination by You
  How to terminate
  
  ‍You may terminate the Services at any time immediately by:
  
  a) requesting that your membership comes to an end at www.velocity.black/contact; or
  
  b) sending a clear request to terminate your membership to [email protected]; or
  c) sending a clear request to terminate your membership to an agent in the App.
  
  ‍Right to receive a pro-rata refund
  
  ‍In the event that you terminate for one or more of the following reasons, we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term:
  
  a) we have told you about an upcoming material change to the Services or these Terms and you notify us in writing that you do not agree with such change prior to such change coming into effect;
  
  b) we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 6 months; or
  
  c) we have made significant changes to the Services and the right to cancel on this basis is provided by applicable law.
  
  In all other cases of termination by you, the Fees are non-refundable.
  
  12.4 Withdrawal of the Services
  We can stop providing the Services as a business. We will let you know at least 30 days in advance and we will provide you with a pro-rata refund for the remaining period of your then annual Subscription Term.
  
  On suspension, termination and/or withdrawal of the Services and of these Terms (for whatever reason) all licenses and rights granted to you in relation to the Services shall immediately come to an end.

13. DATA PRIVACY

• Please refer to our privacy policy for information on how we collect, use and protect your data.

14. GOVERNING LAW AND JURISDICTION AND DISPUTES

• If you are dissatisfied with our Services in any way, please let us know as soon as possible by contacting us at [email protected].
  
  ‍For Members in the United States Only:
  ‍
  ‍Virginia law governs this Agreement without regard to its conflicts of law principles. To the extent permitted under any applicable law, this Agreement will not be subject to the Uniform Computer Information Transactions Act as codified or amended. You irrevocably and unconditionally submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia. If this court does not have subject matter jurisdiction, then you submit to the courts of Virginia located in Henrico or Fairfax County.
  
  ‍For Any Members in the United Kingdom and European Union Only:
  ‍
  These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.  Members may benefit from mandatory protections under the laws of their home territory that may be more beneficial to them.  Members may choose to bring claims in English courts or the courts of their home countries.
  
  ‍For Members Outside the United States, United Kingdom, and European Union:
  ‍
  The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15. NO-SHOWS AND MEMBER BEHAVIOR

• If a member fails to show up for a reservation three times over a twelve month period, their membership may be revoked. No-shows or failures to cancel a reservation in adequate time may result in the Supplier charging cancellation fees, which we will pass on to you. If a reservation carries a cancellation fee, we will endeavor to disclose this fee to you before you make the reservation.
  
  We are committed to ensuring that Velocity Black maintains the highest standards of respect and integrity. Conduct that tarnishes this reputation is likely to result in a revocation of membership. This includes abusive language directed towards our team or staff of our partners, violent or abusive behavior, vandalism or destruction of property during any Velocity Black booking, event or experience. Please note members assume full responsibility for any guests who are with them and are liable for suspension or expulsion should their guests not respect the Velocity Black culture.

16. SELLER OF TRAVEL DISCLOSURES

• Payment for reservations/purchases made through Velocity Black shall be made to Velocity Black or Velocity Mobile Inc. if Velocity Black or Velocity Mobile Inc. is the merchant of record, or to the applicable Supplier, if the Supplier is the merchant of record. Velocity Mobile Inc. is registered as a seller of travel in the following states: *California: 2149532-40; Florida: ST43648; and Washington: 604897474-001-0001.Velocity Mobile Inc. is not a participant in the California Travel Consumer Restitution Fund.
  ‍
  *Registration as a seller of travel does not constitute approval by the State of California.
  ‍
  California: Upon cancellation of the transportation or travel services, where the passenger is not at fault and has not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by the passenger, all sums paid to the seller of travel for services not provided will be promptly reimbursed to the passenger. This provision does not apply where the seller of travel has remitted the payment from customer to another registered wholesale seller of travel or a carrier, without obtaining a refund and such other provider fails to provide the agreed-upon transportation or service. In this situation, the initial seller of travel must provide the passenger with a written statement accompanied by bank records establishing the disbursement of the customer payment, and if disbursed to a registered wholesaler of travel, proof of current registration of that wholesaler.
  ‍
  Washington State: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within 30 days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within 14 days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

17.  MISCELLANEOUS TERMS

• These Terms are the entire and exclusive agreement between Velocity Black and you regarding the Services (excluding any services for which you have a separate agreement with Velocity Black that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Velocity Black and you regarding the Services.
  
  You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.The failure of, or delay by, Velocity Black to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  
  If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
  
  The Services are licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party without our prior written consent.We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them.
  
  Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
  
  You acknowledge that by providing your mobile number you consent to receive autodialed and prerecorded/artificial calls, including text messages, relating to the handling and servicing of your  membership or potential membership with Velocity Black.
  
  If you have any questions about these Terms or the Services, please contact us using our Contact page or at [email protected].
  
  We may revise these Terms from time to time. The most current version will be available via our Website and the App. We will also notify you of any material changes to these Terms via an email to the email associated with your account.  On receipt of such notification, you can request the termination of your membership account before the change takes effect (as per Section 12.3) and receive a pro-rata refund for the remaining period of your then annual Subscription Term. By continuing to access the Services after any such revisions become effective, you agree to be bound by the revised Terms.
  
  APPENDIX
  ‍
  Model Cancellation Form
  ‍
  To: Velocity Mobile Limited of 20 Grosvenor Place, London SW1X 7HN, United Kingdom. Company number: [INSERT].
  
  E-Mail: [email protected]
  
  I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract for the supply of the Velocity Black membership programme.
  
  Ordered on (*)/received on (*)
  
  Name of the consumer(s)
  
  Address of the consumer(s)
  
  Signature of the consumer(s) (only if this form is notified on paper)
  
  Date
  
  (*) Delete as appropriate