FOREVERTON Terms and Conditions The rights and obligations of you as Member and the Club are set out below. Please note that the price for Membership is set out in clause 1.4 below in return for which the Member has, in certain circumstances, an opportunity to purchase a match ticket prior to general sale. Please ensure that you read these terms and conditions carefully, and check that the details in these terms and conditions and your application form are complete and accurate, before you submit your Application. If you think that there is a mistake, please contact the Club to discuss. 1. DEFINITIONS 1.1 "Application" means an application by a potential Member for Membership, including the application form and these terms and conditions; 1.2 'FOREVERTON' means the Official Everton Football Club Supporter's Club. 1.3 'The Club' means Everton Football Club Company Limited, a company registered in England with company number 36624, registered office Goodison Park, Goodison Road, Liverpool L4 4EL, telephone number 0151 556 1878, fax number 0151 286 9119, e-mail using the URL http://www.evertonfc.com/functional/contact-us and VAT registration number GB 163 6673 45. 1.4 'The Fee' means: (a) if the Member is 16 years of age or older at the time he or she becomes a Member or whose permanent address is outside the UK, 20; (b) if the Member is between five and 15 years of age at the time he or she becomes a Member, 10; and (c) if the Member is under five years of age at the time he or she becomes a Member, free; 1.5 'Member' means a person whose application for membership of FOREVERTON has been accepted by the Club and "Membership" shall be construed accordingly. 1.6 'Membership Card' means the card issued by the Club to the Member evidencing the Membership of the Member. 2. THE CONTRACT AND THE FEE 2.1 The Member shall pay the Fee to the Club. 2.2 When a potential Member submits an Application to the Club, this does not mean that the Club has accepted the Application. The Club will determine whether or not to accept the Application and a contract will be formed once the Fee has been received by the Club. 2.3 In the event that a potential Member's bank (or other financial institution) does not honour the payment of the Fee to the Club, the Club shall be entitled to charge the Member an administration charge and any bank charges that the Club incurs as a consequence. 2.4 In the event of the Member being under 16 years of age, the parent or guardian of the Member shall be responsible for paying the Fee. 3. TICKET PRIORITY 3.1 Tickets will be available for purchase, subject to availability, for competitive league and cup matches of the Club's men's first team hosted at Goodison Park (at the ticket price determined by the Club for that match for the seats in question) at the rate of one per match per member during the priority membership sales period. The priority membership sales period shall be a period of time prior to the tickets going on general sale as determined by the Club, typically between three and five days prior to the general sale of tickets for that match.
3.2 Tickets can be purchased in the following ways: 3.2.1 by telephone credit card booking - please ring 0151 556 1878 quoting your customer number and credit card or debit card number. A booking fee will be charged at 1.50 a ticket and a maximum of 5.00 per transaction at the point of purchase; 3.2.2 by post - write to Box Office, Everton Football Club, Goodison Park, Liverpool L4 4EL. You should clearly state your customer number and enclose a cheque made payable to Goodison Park Stadium Limited and a stamped addressed envelope; 3.2.3 in person - visit the Box Office at Goodison Park, Liverpool L4 4EL. Membership Cards must be produced for inspection; and 3.2.4 online visit the URL www.evertonfc.com. 3.3 Any use of a ticket purchased by a Member under this Clause 3 must comply with the applicable ticketing terms and conditions and ground regulations. 3.4 No guarantee of priority will be given for matches other than competitive league and cup matches of the Club's men's first team hosted at Goodison Park, including cup ties and replays and any fixtures at neutral venues. 3.5 During the course of the season there may be certain fixtures where the above booking procedures are amended. In these circumstances prior notice of any amendments will be given in the matchday programme and/or via evertonfc.com. 4. TRANSFER OF RIGHTS AND OBLIGATIONS 4.1 Membership of FOREVERTON is personal to the Member. The Member may transfer its rights and/or obligations under these terms and conditions to another person only if the Club agrees in writing. 4.2 This contract is between the Member and the Club. No other person shall have any rights to enforce any of its terms. 5. MEMBERSHIP BENEFITS 5.1 The Member shall be entitled to the benefits as listed in these terms and conditions and as set out during the order process. 5.2 In order to obtain the benefits, the Member must present his/her valid Membership Card for inspection by the Club or quote his/her valid customer number when exercising his/her rights under these terms and conditions. 6. OWNERSHIP OF MEMBERSHIP CARDS 6.1 All Membership Cards remain the property of the Club. 6.2 The sale or other transfer of the Membership Card is strictly prohibited. 7. LOST OR STOLEN MEMBERSHIP CARDS 7.1 In the event of a Membership Card becoming lost the Member shall inform the Club immediately. 7.2 In the event of a Membership Card being stolen the Member shall inform the police immediately and obtain a crime number. Having obtained a crime number the Member shall
then inform the Club that the Membership Card has been stolen; quoting the crime number in all related correspondence. 8. BEHAVIOUR OF MEMBERS 8.1 As a Member of FOREVERTON, the Member agrees to conduct him/herself in a manner befitting a representative of the Club. 8.2 The Member will not do anything or procure that anything be done which might bring the name or reputation of the Club into disrepute. 8.3 The Member must ensure that any tickets they receive should be used responsibly. 9. TERMINATION RIGHTS 9.1 The Club may suspend or cancel the Membership of a Member (and all associated benefits) in the event of: 9.1.1 any misuse of the Membership Card by the Member, including any transfer, or attempted transfer, of the rights to use the Membership Card, the Membership Card itself or any match ticket purchased using the Membership Card; 9.1.2 the Member's conduct, acting alone or with others, resulting in disciplinary action being taken against the Club by a football governing body; 9.1.3 the unauthorised and/or illegal sale or disposal of a match ticket by the Member and/or where the match ticket was purchased using the Membership Card; 9.1.4 the Member breaching the terms and conditions applicable to the use of a match ticket, including the Club's ground regulations in force from time to time; and 9.1.5 any other conduct by the Member which, in the reasonable opinion of the Club, brings the name or reputation of the Club into disrepute or otherwise breaches the terms of Clause 8. 9.2 If the Club suspends or cancels the membership of a Member in accordance with the terms of clause 9.1 above, the Club shall not refund any amount of the Fee to the Member. 10. THE CLUB'S LIABILITY TO THE MEMBER 10.1 If the Club fails to comply with these terms and conditions, the Club is responsible for loss or damage the Member suffers that is a foreseeable result of the Club's breach of these terms and conditions, but the Club is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the Club s breach or if it was contemplated by the Member and the Club at the time that you became a Member (or renewed the Membership). 10.2 Irrespective of any provision in these terms and conditions, the Club does not seek to exclude or limit its liability: (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury, caused by the Club's (or its officers', employees' or agents') negligence; or (c) under section 2(3) of the Consumer Protection Act 1987; (d) for providing the services under these terms and conditions in accordance with reasonable care and skill; or (e) for any other matter for which it is not possible to exclude or limit liability by law. 10.3 Clause 10.2 above sets out certain types of liability that are not excluded or restricted. For all other types of liability, the aggregate liability of the Club to the Member in connection with these terms and conditions, whether in contract, tort or otherwise, including negligence, shall not exceed the amount of the Fee paid by the Member.
10.4 The Member has legal rights if the Club does not comply with its obligations in these terms and conditions with reasonable care and skill. Advice about the Member's legal rights is available from his or her local Citizens' Advice Bureau or Trading Standards Office. Nothing in these terms and conditions will affect the legal rights applicable if the Club does not comply with its obligation to use reasonable care and skill. 11. MEMBERSHIP PACK 12. TERM The Club will use its reasonable effort to dispatch the membership pack to the Member within 21 days of the receipt by the Club of the Fee. The membership pack will include an item of merchandise and a personalised Membership Card. 12.1 Membership of FOREVERTON commences on the date of receipt of the Fee by the Club. 12.2 Membership of FOREVERTON is valid until 31 May 2016. 13. USE OF MEMBER'S INFORMATION 13.1 The Club may use the personal information that the Member provides to the Club to: 13.1.1 provide the services detailed in these terms and conditions; 13.1.2 process the payment of the Fee; and 13.1.3 inform the Member about similar products or services that the Club provides, but the Member may stop receiving these communications at any time by contacting the Club, and will be used by the Club in accordance with it s the Data Protection Act 1998 and the Club's privacy policy from time to time (available here: http://eticketing.evertonfc.com/corporate/pagespublic/usercontrolled/privacypolicy.aspx). 13.2 Where the Member has given his or her consent during the order process, the Club will use the information the Member provides to send the Member information about other products and services provided by the Club, its group companies and its commercial partners. 14. CHANGES TO THESE TERMS AND CONDITIONS The Club may change or add to these terms and conditions for security, legal or regulatory reasons during the season, provided that: 14.1.1 the Club shall give the Member at least one month's notice of any changes or additions; 14.1.2 the Club will not use this right to vary the price for that season or the main rights granted to the Member for that season under these terms and conditions; and 14.1.3 the Member may end this contract by giving one month's notice to the Club within one month of receipt of the notice from the Club detailed in clause 14.1.1 above. 15. RIGHT TO CANCEL 15.1 If the Member has purchased his/her membership by phone, post or online, and provided that the Member has not yet used his/her Membership to purchase any tickets, the Member has the right to cancel his/her Membership within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Member enters into a contract with the Club to purchase a Membership (the "Cancellation Deadline").
15.2 In order to exercise the cancellation right, the Member must inform the Club of his/her decision to cancel prior to the Cancellation Deadline either by using the model cancellation form below or by a clear statement sent either by email using the URL http://www.evertonfc.com/functional/contact-us, by telephone on 0151 556 1878 or by post to Goodison Park, Goodison Road, Liverpool L4 4EL. 15.3 If the Member submits a valid cancellation request, the Club will reimburse the Member an amount equal to the Fee without undue delay and not later than 14 days after the day on which the Club is informed about the Member's decision to cancel, using the same method of payment as the Member used to make the order. 16. COMPLAINTS If the Member has any questions or complaints, please contact the Club. You can contact the Club by telephoning the customer service team at 0151 556 1878 or by email using the URL http://www.evertonfc.com/functional/contact-us. 17. LAW APPLYING TO THE CONTRACT These terms and conditions are governed by English law. The Member and the Club both agree to submit to the non-exclusive jurisdiction of the English courts. However, if the Member is resident in Northern Ireland, the Member may also bring proceedings in Northern Ireland and, if the Member is resident in Scotland, the Member may also bring proceedings in Scotland. Model cancellation form To Everton Football Club Company Limited, Goodison Park, Goodison Road, Liverpool L4 4EL and fax number 0151 286 9119 and e-mail using the URL http://www.evertonfc.com/functional/contact-us. I hereby give notice that I cancel my contract for membership of FOREVERTON. Ordered on: Name: Address: Signature: Dated: