These terms are made BETWEEN

Travelplus Media Limited a company incorporated in England under number 4923390 and having its registered office at Hunters Lodge, Cottersmore Road, Oakham, LE15 7LJ ("TRAVELPLUS")

AND

The company, firm or individual who has requested access to the Services specified in these Terms ("Member")

1. Provision of the Services

TRAVELPLUS provides Members with access to a restricted area of the TRAVELPLUS Internet Website found at www.travelplus.co.uk (the "Website") which may contain, but is not limited to competitions, information, archived articles, third party offers for products and services, none of which is available elsewhere on the Website, together with a regular email newsletter which may contain, but is not limited to, information on business travel, travel health, security, insurance and loyalty programmes (the "Services") subject to this agreement (these "Terms") as follows:

(a) TRAVELPLUS agrees to provide a unique password necessary to enable the Member to access the Services subject to these Terms.
(b) TRAVELPLUS reserves the right to control, direct and establish technical procedures for access to the Services and the Member agrees to follow all reasonable instructions and procedures of TRAVELPLUS for such access. TRAVELPLUS also reserves the right to make structural, design and other operational changes to the Website and the Services; including the Member's password.
(c) TRAVELPLUS warrants that it has obtained and will use its best endeavours to ensure that it retains all necessary consents, licences or agreements required for the provision of the Services.
(d) TRAVELPLUS will use its reasonable endeavours to maintain a 24 hour Internet presence for the Member to access the Services but cannot gurantee continuous, uninterrupted access to the Website especially where TRAVELPLUS must carry out routine maintenance, repairs, reconfigurations or upgrades to its Website or in circumstances beyond its control.
(e) TRAVELPLUS reserves the right but does not assume the obligation to ascertain compliance with these Terms or any laws, regulations or codes applicable to these Terms. In the event of any breach or purported breach, TRAVELPLUS will be entitled to remove any offending material, terminate this agreement and/or permit the police or other relevant authority to inspect any material in its possession, custody or control.

2. Term of Agreement

These Terms will be effective from the date TRAVELPLUS makes the Service available to the Member (the "Effective Date") and shall remain in force until or unless terminated under clause 9 of these Terms.

3. Use of Services by Members

(a) Each Member will be responsible for obtaining and maintaining a compatible computer system being all such equipment, software and communications lines, including any public lines required by the Member properly to access the Services ("Member's Equipment"). TRAVELPLUS has no responsibility for or liability with respect to Members' Equipment.
(b) The Member will ensure at all times that its access to the Services, including connection of the Member's Equipment to the Internet, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
(c) The Member accepts and acknowledges that all information, products, facilities and other services offered or made available via the Services are not supplied by TRAVELPLUS, nor is TRAVELPLUS a distributor for or contracting agent for such third party suppliers. The Member may be directed to the third party supplier's own website to facilitate the review or purchase of such offers, which link may not be immediately apparent to the Member. Further, if the Member takes up any offer, product or facility or acts upon any information so supplied TRAVELPLUS shall not be liable for any loss, damage or claim arising therefrom. Further, products and other services made available to the Member through the Services may not be subject to the same consumer protection legislation applicable in the Member's country of residence or use and accordingly the Member transacts entirely at their own risk.
(d) The Services are provided subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the Services shall include (without limitation):
(i) obtaining, or attempting to obtain the Services by re-arranging, tampering with, or making connection with any facilities of TRAVELPLUS, or by any trick, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever, with intent to avoid payment, in whole or in part, of the subscription fee for the Services;
(ii) attempting to, or actually obtaining, accessing, altering, or destroying the data files, programs, procedures and/or information of TRAVELPLUS or of a third party supplier to TRAVELPLUS or any third party accessing the Services;
(iii) assisting another to perform the acts prohibited in (i) or (ii) above;
(iv) accessing the Services in such a manner as to interfere unreasonably with access by TRAVELPLUS or access by any other Member.
(e) Although the Services are protected by Secure Socket Layer technology the Member acknowledges that neither the Internet nor TRAVELPLUS' Services are fully secure and accordingly TRAVELPLUS cannot guarantee the privacy of any of the Member's information and suggest that the Member uses encryption software.

4. Member's Undertakings

The Member undertakes for itself and for any other party using its password to access the Services with or without its consent ("Co-Member"):

(a) not to create and/or introduce onto the Website or into the Services any virus, worm, trojan horse, cancelbot or other destructive or contaminating program nor advise any other party how to do so;
(b) not to invade the privacy of other Members or users of the Internet in general, including sending unsolicited e-mails ("spamming") nor to collect or transfer personal data on individual Members without their consent;
(c) to maintain confidentiality of its password and other confidential information relating to access to the Service;
(d) not to tamper with routing and domain name services in order to spoof other computer networks and users;
(e) when giving any payment or credit card information to third parties via the Services, to ensure that the same is accurate, complete and up-to-date and that the Member has the authority to give such information.

5. Subscription Fee

(a) The subscription fee for the Services are specified on the member application form completed (either in writing or electronically) by the Member seeking provision of the Services. The subscription fee is payable as follows:
(i) If the Member elects to pay by credit card, the initial charge will be made against the Member's card 7 days prior to the Effective Date and thereafter the subscription fee will be charged annually on the anniversary of the Effective Date against the Member's card;
(ii) If the Member elects to pay by other means, the subscription fee is payable annually in advance;
(b) The Member will be liable to pay or reimburse TRAVELPLUS for any and all VAT, sales and use taxes, duties, or levies due in connection with the provision of the Services.
(c) The Member agrees to pay for loss or damage to the Services or the Supplier's equipment caused by:
(i) use of the Services for purposes other than that for which they are specified;
(ii) tampering with or attempting to adjust the Services;
(iii) the Members' negligence of any kind; or
(iv) operational problems found to be the fault of actions of the Member.
(d) The Member agrees that it is solely responsible for all use of the Services accessed through the Member's password and/or other electronic identifiers with or without its consent and will be liable for and pay for any unauthorised use.

6. Exclusion of Warranties/Limitation of Liability

(a) TRAVELPLUS will use its reasonable endeavours to provide Members with continuous Internet access but does not warrant or represent that it can do so since neither TRAVELPLUS nor any other party has any control over the Internet, which is a global decentralised network of computer systems. The Services will not be error free, uninterrupted and may be variable.
(b) The Member acknowledges that the information, software or other material accessible via the Services or the Internet in general may contain viruses, worms, trojan horses, cancelbots or other harmful and destructive components.
(c) THE MEMBER MUST ACCEPT THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE, TITLE OR NON-INFRINGEMENT.
(d) EXCEPT FOR SUCH LIABILITY AS TRAVELPLUS MAY NOT IN LAW EXCLUDE TRAVELPLUS IS NOT LIABLE AND WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL, WHICH RESULTs OR MAY RESULT FROM THE MEMBER'S USE OF THE SERVICES (INCLUDED BUT NOT LIMITED TO DELETION OR LOSS OF FILES, DEFECTS OR DELAYS IN TRANSMISSION OR ANY FAILURE OF TRAVELPLUS' SERVER OR THE INTERNET) OR THE MEMBER'S ACCESS TO THE SERVICES OR USE THEREOF FOR ANY PURPOSE WHATSOEVER OR FOR ANY RELIANCE ON OR USE OF INFORMATION, SERVICES OR GOODS PURCHASED ON OR VIA THE SERVICES OR THROUGH USE OF THE INTERNET. THE MEMBER'S SOLE AND EXCLUSIVE REMEDY AGAINST TRAVELPLUS IF DISSATISFIED WITH THE SERVICES OR ANY PRODUCT OR SERVICES SUPPLIED BY OR PURCHASED VIA THE SERVICES FOR ANY REASON WHATSOEVER, IS TERMINATION OF THE SERVICES AND THESE TERMS BY IMMEDIATELY DISCONTINUING TO USE THE SERVICES.
(e) The above warranties are in lieu of all other warranties, express or implied and are the Member's sole remedy hereunder.
(f) Except as TRAVELPLUS may not limit the same in law in the event that TRAVELPLUS incurs any liability whatsoever to the Member for the Member's use of the Services such liability will be limited to the subscription fee paid by the Member in the year in which such liability arose.
(g) TRAVELPLUS is not liable to the Member or Co-Member or any other person or entity for any act or omission of any other party furnishing information, products or services to Members or Co-Members via the Website. Nor will TRAVELPLUS be liable for any damage or loss due to the fault or negligence of any Member, or for the failure of any information, products or services provided to the Member via the Services.
(h) TRAVELPLUS is not responsible in contract or in tort for the unauthorised access to; or alteration, theft or destruction of files, programs, or information of any Member by any person through accident or by fraudulent means or devices, even if such loss or damage occurs as a result of TRAVELPLUS' own negligence.
(i) TRAVELPLUS will not be responsible to any Member or Co-Member if any of TRAVELPLUS' facilities, operations, procedures, products or Services:
(i) render obsolete the Member's or Co-Member's Equipment or software;
(ii) require modification or alteration to the Member's or Co-Member's Equipment or software ; or
(iii) otherwise affect the performance of the Member's or Co-Member's Equipment.

7. Indemnities

The Member undertakes fully and effectively to indemnify and keep indemnified at all times TRAVELPLUS against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever, (including legal and other fees and disbursements) howsoever sustained, incurred or paid by TRAVELPLUS directly or indirectly in respect of:
(i) access to and/or use of the Services or the Internet by the Member or by Co-Members;
(ii) any information, data or material produced, transmitted or downloaded by the Member or Co-Members;
(iii) any breach by the Member or by Co-Members of any of the provisions of these Terms or of any law, code or regulation relating thereto, to the Internet or to Members.

8. Force Majeure

TRAVELPLUS will not be responsible for any delay in, or failure of, the Services or the Website due to any occurrence commonly known as force majeure; including war, riots, embargoes, strikes, or other concerted acts of workmen (whether of TRAVELPLUS or others) casualties or accidents, or any other causes, circumstances, or contingencies beyond TRAVELPLUS' control, which prevent or hinder the performance of TRAVELPLUS of any of its obligations hereunder.

9. Termination

(a) TRAVELPLUS will be entitled to terminate this agreement immediately if TRAVELPLUS discovers the Member is or has been in breach of any term, condition or provision contained herein or any code of conduct or as laid down by any legal, regulatory or other authority or body in relation to the Internet or the Services.
(b) The Member may terminate this agreement by discontinuing use of the Services.
(c) In the event of termination by TRAVELPLUS under (a) or (b) above, TRAVELPLUS will retain all payments made under these Terms and deny the Member access to the Services.

10. Waiver

Failure or neglect by TRAVELPLUS to enforce at any time any of the provisions of these Terms shall not be construed nor shall be deemed to be a waiver of TRAVELPLUS' rights nor in any way affect the validity of the whole or any part of these Terms nor prejudice TRAVELPLUS' rights to take subsequent action.

11. Assignment

Neither these Terms nor the benefit of the Services may be assigned or transferred by the Member whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of TRAVELPLUS. No such assignment by the Member howsoever occurring shall relieve the Member of its obligations under these Terms.

12. Rights of Third Parties

The Contracts (Rights of Third Parties) Act 1999 does not apply to this agreement.

13. Notices

Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided for) be in writing and shall be delivered in person, sent by registered mail or air-mail as appropriate, properly posted and fully pre-paid in an envelope properly addressed or sent by facsimile or e-mail. All notices to TRAVELPLUS shall be made to the address at the head of these Terms and all notices to the Member shall be to the address most recently notified to TRAVELPLUS. Any such notice shall be in the English language and shall be considered to have been received on the next working day following postal delivery, facsimile or e-mailing.

14. Agreement

These Terms supersede any arrangements, understandings, promises or agreements made or existing between the parties prior to the Effective Date and constitute the entire understanding between the parties. Except as otherwise provided in these Terms, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.

15. Headings

The headings of the paragraphs of these Terms are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of these Terms.

16. Severability

In the event that any or any part of the terms, conditions or provisions contained in these Terms shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms and conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

17. Law

The parties hereby agree that these Terms shall be construed in accordance with the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

DATA PROTECTION

By agreeing to become a Member each Member agrees that: TRAVELPLUS may use their personal information to manage their membership. This information is retained and processed by TRAVELPLUS in a secure environment. TRAVELPLUS respects the personal information of Members and restricts use of the same; and that
TRAVELPLUS may contact Members, electronically or otherwise, with promotions or advertising, information or data concerning or related to business travel and information technology.