Terms and Conditions
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PLEASE PRINT THESE CLUB RULES AND TERMS AND CONDITIONS AND READ THEM CAREFULLY.
As a registered Member of the BLUEFISH Club (“Member”), you agree to abide by these Terms and Conditions, and when ordering anything from a supplier of products or services (a “supplier”) you agree that these Terms and Conditions shall apply to your order.
1. CLUB RULES
1.1 All Membership applications are subject to verification by BLUEFISH. BLUEFISH will notify you in the event that your Membership application has been accepted.
1.2 You are obliged to provide correct details when you apply for BLUEFISH Membership and your failure to do so may invalidate your Membership and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify BLUEFISH in the event that any information provided by you changes.
1.3 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant, where applicable) uses your Membership.
1.4 You agree that you will only use your BLUEFISH Membership card for the purposes for which it is issued. You must notify BLUEFISH immediately by e-mail at Theclub@thebluefish.com if it is lost or stolen.
2. MEMBERSHIP FEES, CANCELLATIONS AND RENEWALS
2.1 Membership fees are communicated upon application. The Joining Fee shall always be deemed to have been paid in the first Membership year. Any increase in Membership fees will be notified through the weekly newsletter.
2.2 BLUEFISH reserves the absolute right to cancel or suspend your Membership (at its sole discretion) for any reason whatsoever. If BLUEFISH cancels your Membership, BLUEFISH may (at its sole discretion) refund the balance of the annual Membership fee on a time apportionment basis in respect of the unexpired period to which the annual Membership fee relates.
2.3 Membership fees are due on acceptance of your Membership application and annually thereafter (“Renewal Date”). Membership fees are payable annually in advance by direct debit or payment by credit/debit or charge card of which we hold the details (“Payment Card”).
2.4 You authorize BLUEFISH to deduct renewal Membership fees by direct debit or any Payment Card up to 28 days prior to or on your Renewal Date. If BLUEFISH does not hold your payment details you will be contacted directly in order to renew your Membership.
2.5 If you do not wish to renew Membership you must notify us within 30 days of your Renewal Date.
2.6 If you are one of BLUEFISH’s BLUEcircle Members then your annual Membership fee is classed as paid in full for all future years.
2.7 For non-founding Members, your first year renewal Membership fee will be the same amount as your first Membership fee notwithstanding any Membership fee increase that may have occurred during the preceding year. Your second and subsequent renewal Membership fees will be at the current Membership fee rate.
3. MEMBERSHIP BENEFITS
3.1 As a Member of BLUEFISH, you are entitled to all of the benefits set out on our Site. The descriptions of all benefits displayed have been approved by the relevant benefit Supplier.
3.2 As a registered Member of BLUEFISH, please note that Suppliers of benefits and the Benefits themselves are subject to availability and may change from time to time without notice.
3.3 BLUEFISH aims to ensure that the benefits remain available at all times and are constantly negotiating new benefits to ensure that you receive maximum use of your Membership. If any of the benefits become unavailable, we will do all we can to ensure that prior commitments are honored to the fullest extent possible, but shall not be responsible for any actions of Suppliers outside BLUEFISH’s actual control.
4. USING YOUR MEMBERSHIP
4.1 You may only make requests by telephone, e-mail or through the Site, once you have been accepted as a Member.
4.2 BLUEFISH will provide both the services described on the Site (from time to time) and concierge services at your request – that is you may request BLUEFISH to provide or arrange any lawful, proper and moral personal service in relation to any personal needs or desires (including, without limitation, provision of information, access to events, activities and venues, and personal goods and services) (the “Services”).
4.3 BLUEFISH reserves the right to withdraw any of these Services and/or to refuse to supply the Services requested.
4.4 If BLUEFISH is unable to deal with any request, it will inform you as soon as reasonably practicable.
4.5 Suppliers are responsible for providing you with the services, products and benefits you select. BLUEFISH will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
4.6 Suppliers may impose their own terms and conditions and you are required to comply with these.
4.7 When ordering a product or service or accessing a benefit, you may be required to provide your Payment Card details. If you request and authorize BLUEFISH to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that BLUEFISH shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card provided that BLUEFISH acts in accordance with the instructions issued by you in relation thereto.
4.8 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the Payment Card you are using is your own and that there are sufficient funds to cover the cost of the product or the service.
4.9 From time to time the procurement or provision of certain services, products or benefits may incur a BLUEFISH handling charge (of which you will be notified) – in these cases you hereby authorize BLUEFISH to debit your Payment Card with any such handling charges.
4.10 BLUEFISH may at your order purchase goods or services on your behalf. In the event that it acts as a credit agent in this regard, you hereby authorize BLUEFISH to deduct the credit sum from your Payment Card within 30 days of the payment date. In the event that BLUEFISH pays for the goods or services in cash, it shall be entitled to add any applicable credit card charges to the sum deducted from your Payment Card.
4.11 Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, performance has already begun.
4.12. Telephone calls to BLUEFISH may be monitored or recorded for training and quality control purposes.
5. TRAVEL SERVICES
5.1 Any services including travel tickets and package holidays purchased through BLUEFISH will be subject to the terms and conditions of the travel or holiday operator and the Supplier.
5.2 BLUEFISH is a Virtuoso registered travel agent with a current IATAN registration number
6. RESTAURANT AND CLUB SERVICES
6.1 When you use the restaurant booking Service you hereby authorize us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of cancellation of the booking.
7.1 BLUEFISH is engaged in the business of obtaining “best tickets” for all sold out events either directly itself or through one of its ticket agent Partners. Please note that you are purchasing tickets above face value, which includes service charge(s) reflecting our costs and efforts in obtaining your premium seats.
7.2 All sales are final, no refunds or cancellations are issued after you have purchased your tickets.
7.3 In the events of show cancellations directly by the artist/promoter, only the return of the face value of the tickets can be guaranteed. Shipping fees are non-refundable.
7.4 BLUEFISH or its ticket agent partner will despatch your tickets with a tracking number. Please note that neither BLUEFISH nor its ticket agent partners can be held liable for any failure by the mail service to deliver your tickets.
7.5 BLUEFISH or its ticket agent partners usually despatches tickets within 2 days from the time of booking if the tickets are already in stock. However some events have posting restrictions and are not despatched until the week prior to the event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show at no additional cost.
7.6 BLUEFISH or its ticket agent partner’s reserve the right to upgrade tickets at no additional cost, to downgrade tickets (partial refund) or to cancel the order with a full refund
8. PRODUCTS PURCHASED THROUGH THE SITE
8.1 If the requested product or service is not available the Suppliers may offer you substitute products of a similar description and standard, but you may refuse the substitute products and receive a full refund.
8.2 All product or service descriptions have been approved by the relevant Supplier. BLUEFISH is not responsible for inaccurate or misleading product descriptions. Products may differ slightly from the images shown although every effort is made to ensure that all product descriptions are as accurate as possible.
8.3 BLUEFISH may from time to time offer special BLUEFISH products or services for sale through the Site or the weekly newsletter. These products will be clearly specified as being supplied by BLUEFISH in their description.
8.4 The purchase price of all products and services is due for payment on acceptance of your order by the Supplier or, if applicable, BLUEFISH.
9. RETURNS AND DAMAGED PRODUCTS PURCHASED THROUGH THE SITE
9.1 Other than those Suppliers who supply products that are perishable, or are made to your specification or are clearly personalised for you, each Supplier offers a 7-day “no quibble” guarantee in relation to its products. If you wish to return the products for whatever reason within 7 days of delivery, you may do so provided that the products are unused and in their original packaging. You will be credited in full within 30 days of the Supplier receiving written notification from you that you wish to return the products. The Supplier reserves the right to charge for any damage or missing parts.
9.2 All returns must be addressed to BLUEFISH at BLUEFISH Group LLC, 8033 w Sunset Blvd, #291, Los Angeles, CA 90046 and must be made either by courier or registered post. Unless agreed with you otherwise, you are responsible for the costs of returning the products to BLUEFISH.
10.1 It is accepted that all members will act in a respectful and honourable manner and for the sole purpose of enjoyment and not to market or sell their product or service within the BLUEFISH membership. Such actions will cause your membership to be canceled immediately.
11.1 BLUEFISH warrants to you that BLUEFISH shall use its reasonable endeavours to provide the Services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where BLUEFISH supplies you with any goods or services supplied by a third party, then BLUEFISH is acting as your agent in sourcing the goods or services. BLUEFISH will use reasonable care in selecting the supplier and ensuring the order is placed in accordance with your wishes. For the avoidance of doubt, BLUEFISH does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services. You are deemed to be responsible for, and shall use your own skill and judgement as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.
11.2 Your contract for the purchase of products or services is made with the relevant Supplier only. BLUEFISH acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
11.3 BLUEFISH will not be responsible for products and services offered by BLUEFISH as agents for the Suppliers or for any aspect of the relationship between you and any particular Supplier. BLUEFISH will however do everything it reasonably can to assist you in any dealings you have with the Supplier.
11.4 You agree that any contract entered into by you with any of the Suppliers is an independent contract. BLUEFISH hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through BLUEFISH.
11.5 BLUEFISH accepts no liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
11.6 Save in respect of death and personal injury caused by the negligence of BLUEFISH or as expressly provided for in these Terms and Conditions, BLUEFISH shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or your reliance upon the information and suggestions provided by BLUEFISH hereunder and the resulting supply of goods and services to you by any third party.
11.7 BLUEFISH shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of you.
11.8 BLUEFISH shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests you place for BLUEFISH non-Members, other than for immediate family and/or nominated persons on your Membership.
In addition, BLUEFISH non-Members shall have no cause of action directly, or indirectly via the BLUEFISH Member or other person(s), against BLUEFISH for any loss, damage, costs, expenses or other claims for compensation arising from requests placed for the benefit of the BLUEFISH non-Member by a Member.
11.9 BLUEFISH shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of BLUEFISH’s obligations in relation to the Services, if the delay or failure was due to any cause beyond BLUEFISH’s reasonable control.
11.10 Except in respect of death and personal injury and subject to the provisions of these Terms and Conditions, BLUEFISH’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the annual Membership fee and the charge for the Services to be provided.
11.11 BLUEFISH aims to ensure that viruses (or other programs having adverse effects) do not reside on the Site, but BLUEFISH accepts no responsibility in relation to this.
11.12 This section applies only to the extent permitted by law.
12. CHANGES TO THESE CLUB RULES
12.1 BLUEFISH may vary these Terms and Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following medium:
12.1.1 The BLUEFISH newsletter;
12.1.2 The Site;
12.1.4 The post or other personal delivery service; and
12.1.5 The national press.
12.2 Your continued use of your Membership constitutes acceptance of the altered Terms and Conditions.
13.1 BLUEFISH owns or is lawfully entitled to all of the copyright in this Site. All other intellectual property rights are reserved. This Site is for your personal use only – you may not use it for commercial purposes. You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained from this Site.
14.1 BLUEFISH assumes no responsibility for the contents of any other web sites to which the Site has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked sites. BLUEFISH may not have control of such web sites. The inclusion of any hyperlinks to such other web sites does not mean that BLUEFISH endorses the material on such web sites or has any association with the owner thereof.
15. APPLICABLE LAW AND JURISDICTION
15.1 These Terms and Conditions and your Membership with BLUEFISH are governed by the laws of California and are subject to the exclusive jurisdiction of the courts of the united states of America.
15.2 The provisions of the “Privacy Promise” shall apply at all times.
16. CONTACTING US
16.1 If you have any queries or complaints please email Ask@thebluefish.com Alternatively you can write to BLUEFISH, 8033 W Sunset Blvd, #291, Los Angeles, CA 90046