ADCU Terms and Conditions of Subscription
1.1 In these Conditions:
"The Union" is the App Drivers and Couriers Union (ADCU).
“Member” means the person who subscribes to a membership of the union.
"Membership" is the period of time that a member remains a member of the union.
"Subscription" is the payment made by a member to hold a membership.
“Services” means the services which the union is to supply in accordance with these conditions and the union rulebook and any services supplied in substitution for or in replacement of or in addition to such services.
“Conditions” means the standard terms and conditions of membership set out in this document..
“Contract” means the contract for the purchase and sale of services.
“Writing” includes letter, cable, facsimile transmission, email and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2.1 The union shall provide services and the member shall subscribe to a union membership in accordance with any written quotation of the union which is accepted by the member, or any written order of the member which is accepted by the union, subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the member.
2.2 No variation to these Conditions shall be binding unless agreed in Writing between the authorised representatives of the member and the union.
2.3 Any advice or recommendation given by the union or its employees or agents to the member as to the application or use of union services which is not confirmed in writing by the union is followed or acted upon entirely at the members' own risk, and accordingly the union shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the union shall be subject to correction without any liability on the part of the union.
3.1 No subscription order submitted by the member shall be deemed to be accepted by the union unless and until confirmed by the union or any authorised representative of the union.
3.2 The member shall be responsible to the union for ensuring the accuracy of the terms of any order for services submitted by the union and for giving the union any necessary information relating to the services within a sufficient time to enable the union to perform the Contract in accordance with its terms.
3.3 All subscriptions shall be bound by the terms of the union rulebook.
4.1 The price of services shall be the union's quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed on the union's published website on the date of acceptance of the contract. All prices quoted are valid for 30 days only or such lesser period as stated by the union on the face of the relevant quotation or until earlier acceptance by the member, after which time they may be altered by the union without giving notice to the member.
4.2 Any change of price to an existing and active subscription shall be communicated to the member at least four weeks before the date of payment of the amended price. This clause applies to both increases and decreases of the subscription price.
5.1 The member shall pay subscription charges on a monthly or annual basis in advance of services being provided by the union. A membership becomes active immediately following payment of the subscription.
5.2 Members cannot access union representation or legal services for employment or licensing issues that pre-date the start of their membership subscription, nor for issues arising within the first sixty days of a membership starting.
5.3 If the member fails to make any payment on the due date then, without prejudice to any other right or remedy available to the union, the union shall be entitled to cancel the contract or suspend any further services to the member.
5.4 The member may cancel their membership at any time by writing to the union and requesting that their membership and/or subscription be cancelled. After a membership is cancelled the remaining period of time subscribed to will be honoured by the union and the subscription will remain in effect until the day before the next due date of their subscription upon which the membership will end and no further subscription payments will be taken. Subscriptions are paid in advance and no refunds will be given for subscription payments made before the date a cancellation request is received.
5.5 The member is afforded a 14 day cooling off period when first entering into a membership subscription. If a cancellation request is made within the first 14 days of a subscription starting then a full refund shall be issued.
5.5 After a membership has been cancelled the member is not entitled to access union representation or legal services, however may still make use of all other services until the date the cancellation takes effect.
6.1 This clause applies if:
6.1.1 the member makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes bankrupt or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
6.1.2 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the member; or
6.1.3 the member ceases, or threatens to cease, to carry on business; or
6.1.4 the union reasonably apprehends that any of the events mentioned above is about to occur in relation to the member and notifies the member accordingly.
6.2 If this clause applies, then, without prejudice to any other right or remedy available to the union, the union shall be entitled to cancel the Contract or suspend any further services under the Contract without any liability to the member, and if any services have been delivered, but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
7.1 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party given the notice
7.2 No waiver by the union of any breach of the Contract by the member shall be considered as a waiver of any subsequent breach of the same or any other provision.
7.3 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
7.4 The contract shall be governed by the laws of England.
8. If you have any questions, queries or complaints you may contact the union as follows:
App Drivers & Couriers Union
60 Barbados Road
Bordon, GU35 0FX