PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE PURCHASING MEMBERSHIP FOR HAGERTY DRIVERS CLUB
- Background
Hagerty Drivers Club is a membership operated by Hagerty Enthusiast Limited (“We” / “us” / “our”) in the United Kingdom . We are registered in England and Wales under registered number 13118843 and have our registered office at 141b The Command Works, Old Skimmingdish Lane, Bicester, England, OX27 8FZ. The pricing and benefits of Hagerty Drivers Club are listed here www.hagerty.co.uk/drivers-club] (“HDC Membership”). If you purchase HDC Membership, these Terms of Use shall apply to you.
The HDC Membership is supplied to you by Hagerty Enthusiast Limited (“HEL”), and your contract in relation to the HDC Membership is with HEL. The HDC Membership is not an insurance product, and HEL is not a regulated entity. For the avoidance of doubt, HEL is a separate legal entity to the insurance arm of Hagerty.
You acknowledge and agree that by purchasing HDC Membership, this is a legally binding contract between you and HEL supported by reasonable and valuable consideration, the receipt and adequacy of which is acknowledged, and that you have read these Terms of Use carefully.
As of the Last Update (as defined below), to be eligible to purchase HDC Membership (an “Eligible Customer”), you must have a valid insurance product in place with Hagerty International Limited.
- Purchase, Term, Cancellation and Automatic Renewal
Purchase: As an Eligible Customer, HDC Membership may be purchased from HEL as an add-on to an insurance product. The HDC Membership is governed entirely separately and independently to the Eligible Customer’s insurance product. Upon purchasing HDC Membership, you will receive your log-in details and access credentials to the HDC Membership portal via an email from Propello Cloud.
Term: Your HDC Membership shall begin on the day selected during your purchase, and shall continue for a term of 12 months.
Cancellation: You may cancel your HDC Membership at any time during the 12-month term, by emailing us at hdc@hagerty.co.uk or calling us at 0333 323 1138.
Automatic Renewal: If you do not cancel your HDC Membership prior to the day before the end of the 12-month term, your HDC Membership will automatically renew and you will be charged the HDC Membership fee on the card previously provided for the following 12-month term. If you do not want to be charged for the HDC Membership for the subsequent 12-month term, you must cancel your HDC Membership in accordance with this provision. You will be reminded of the automatic renewal process prior to the end of your 12-month term.
Price increases: The cost of HDC Membership may change from time to time in HEL’s sole discretion, and any price increase shall be notified to you via email.
- Payments and Refunds
HDC Membership shall be paid annually in advance. The price paid includes VAT.
Payments and/or refunds for the HDC Membership may be collected and/or issued by another Hagerty group company, acting for the account of HEL, either separately or together with payments and/or refunds for an insurance product.
Unless otherwise required by law, if you cancel your HDC Membership within the first 14 days of the 12-month term, you will receive a full refund. You do not need to provide a reason for the cancellation however the request to cancel must be in a clear statement provided to us at hdc@hagerty.co.uk or calling us at 0333 323 1138. If you have used any of the benefits of the HDC Membership, we reserve the right to withhold a reasonable amount from your refund to pay for such services you have already benefited from. Your refund will be returned by card and issued within 14 days of the HDC Membership cancellation request.
Unless otherwise required by law, if you cancel your HDC Membership after the first 14 days of the 12-month term, cancellation will be effective at the end of the 12-month term, and you are not entitled to a refund.
- Hagerty Drivers Club Membership services
The HDC Membership provides access to enriching content and opportunities in relation to various aspects of classic vehicle culture and ownership including, without limitation:
• Hagerty Drivers Club welcome pack;
• Two magazines issued per calendar year (each in both a physical and digital format);
• Access to discounts and value-added benefits from third-party providers of high-quality and relevant classic car and lifestyle brands;
• Discounted tickets to Hagerty owned events;
• Access to quarterly webinars;
• Access to the “Hagerty Clubhouse” during scramble events; and
• Access to the HDC Membership platform via which benefits can be redeemed, and rewards collected.
Your access to and use of the Hagerty Driver’s Club Platform (“Platform”), including all registration requirements, orders placed, benefit redemption and delivery, shall be separately governed by the End User Licence Terms (available here: Terms & Conditions – Hagerty Driver’s Club (yourperx.com)) (“Platform Terms”) as may be amended and/or updated from time to time. These Platform Terms apply alongside these HDC Membership Terms of Use.
The Platform is managed and run by Propello Cloud Ltd on behalf of HEL.
- Limitations
We reserve the right to:
• accept or refuse your HDC Membership in our absolute discretion;
• suspend or terminate a HDC Membership for a breach of these HDC Membership Terms of Use, or an abusive use of the HDC Membership, in our absolute discretion;
• modify, update, suspend or discontinue all or part of the HDC Membership for any reason; and/or
• immediately terminate your HDC Membership if you are in breach of the Platform Terms, and/or the Reward Terms.
Your HDC Membership is personal to you and you may not transfer or assign to another person, or legal entity, your HDC Membership, or any benefits, rights or obligations under it.
From time to time, we may add or remove benefits to the HDC Membership in our absolute discretion and will notify you via email of any material changes to the benefits. If you chose to opt-out of marketing emails, you will not be notified of such material changes to the benefits. You can change your preference at any time by emailing us at hdc@hagerty.co.uk or calling us at 0333 323 1138.
We assume no liability whatsoever for how you utilise the information provided as part of the HDC Membership.
HEL excludes all liability howsoever occurring in relation to the use of the Propeller Cloud system.
- Hagerty Drivers Club Intellectual Property
HEL and/or its affiliates retain full intellectual rights and any other proprietary rights associated with the HDC Membership and all content provided to you pursuant to it, and expressly reserves all rights associated with the HDC Membership and all content provided pursuant to it. HEL and/or its affiliates grants to you a royalty-free, exclusive, revocable licence to access the content provided as part of the HDC Membership for informational and personal purposes only.
Save as otherwise expressly set out herein, you acknowledge and agree that you do not acquire any other rights in the content provided to you as part of the HDC Membership. You agree that any and all intellectual property rights of all outputs of the HDC Membership are owned or licences by HEL and/or its affiliates. This includes without limitation all products, articles, webinars, courses and events, and all similar offerings, in addition to all content, pictures, audio, software, code, technology, trademarks and trade dress, copyright and trade secrets. You agree to promptly execute all documents and do all acts as may be reasonably necessary to give effect to this section.
Unless explicit instructions or consent is provided, you are prohibited from reproducing or distributing any content provided as part of the HDC Membership. Any commercial use of the ‘Hagerty Drivers Club’ trademark, including, without limitation, its name and logo, is strictly prohibited.
- Member Generated Content
The HDC Membership may provide opportunities for you to communicate with us and other members and/or provide the opportunity for you to share content (“Member Generated Content”). Such Member Generated Content may include, without limitation, any ideas, concepts, knowhow, or techniques. In relation to such Member Generated Content provided by you, you represent and promise that:
• you have all necessary rights, power, and authority to grant the license to HEL set forth below and to submit, post, email, upload, transmit or otherwise make available the Member Generated Content provided by you;
• it does not violate, misappropriate, or infringe any copyright, trade secret, trademark, privacy, publicity, or other proprietary property right of any third party; and
• it is not illegal or harmful.
You acknowledge that HEL does not impliedly endorse any Member Generated Content provided by you and that the materials and opinions expressed or included in any Member Generated Content provided by you or other members are not those of HEL. HEL reserves the right to alter, edit, refuse to post or remove any Member Generated Content provided by you, in whole or in part, for any reason or for no reason.
In providing the Member Generated Content, you are granting to HEL a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use the Member Generated Content in whole or in part in any way that we want and for any purpose that we want including but not limited to:
• developing, selling and marketing products and services incorporating such information; and
• posting, re-posting, tweeting, re-tweeting, sharing, uploading, and otherwise using and displaying your profile and/or Member Generated Content on the Hagerty Websites and/or any of its social media pages now in existence or afterwards created (e.g.https://www.hagerty,co.uk/drivers-club, https://www.facebook.com/HagertyUK/, https://twitter.com/hagertyUK, https://www.instagram.com/hagertyUK, https://www.youtube.com/hagerty, etc.). HEL may, but is not obligated to, provide you with credit.
You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by HEL which incorporates any Member Generated Content provided by you.
- Electronic Communications
If you provide your email address to HEL, you consent to receive communications from HEL to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you wish to opt-out of marketing communications, email us at hdc@hagerty.co.uk or call us at 0333 323 1138.
- Billing and Payment Information
We accept most major credit and debit cards. The price will be confirmed to you during the checkout process. We will charge your credit or debit card for the payment as soon as you authorise the payment with our account handlers or click on the designated button online to complete a payment. If needed, we will electronically credit the account to correct incorrect charges. All payment information provided must be truthful and accurate and must be provided by the owner or authorized signer of the credit card or bank account.
Your payments are subject to the agreements governing your credit or debit card. You should be aware that online payment transactions are subject to validation checks by your card issuer. You may be charged a fee if your payment is dishonoured or returned for non-sufficient funds. If payment is unsuccessful for any reason, your HDC Membership may be terminated.
Any payment information that is stored in your wallet and used for recurring payments will be automatically updated. If your card expires or you otherwise get a new card, the card number and expiration date linked to your card will be updated automatically. If your card issuer does not support these updates, you may need to remove the card and add it again.
- Warranties, Disclaimers and Limitations of Liability
HEL disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. HEL and/or its affiliates are not liable for any acts, omissions or conduct of any third parties related to your use of the HDC Membership.
Your use of the HDC Membership is solely at your own risk and HEL has no liability for your use of the HDC Membership and any associated products / platforms, including, without limitation the Platform.
HEL further disclaims all liability in relation to the consumption of rewards and loyalty benefits available from third parties via the HDC Membership platform and any purchases made or facilitated by the HDC Membership platform shall be governed by the separate terms contained therein (if applicable).
Nothing in these HDC Membership Terms of Use excludes or Limits HEL’s liability for death or personal injury arising from HEL’s negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
If we fail to comply with these HDC Membership Terms of Use, we will only be liable to you for a proportionate cost of your HDC Membership.
To the extent permitted by law, HEL excludes all conditions, warranties, representations or other terms which may apply to the HDC Membership or any content provided pursuant to such membership, whether express or implied. Although reasonable efforts are made to update all content provided to members, HEL makes no representations, warranties or guarantees, whether express or implied, that the content provided to you as part of the HDC Membership is accurate, complete or up to date.
- Damages; Indemnification
You promise that if you break any of these HDC Membership Terms of Use and cause any damage that you will be responsible for it. You further agree to defend HEL and any of its personnel, partners, and affiliates for any claim anybody makes as a result of your violation of these HDC Membership Terms of Use. This includes reasonable legal expenses.
- Modification of Terms
These HDC Membership Terms of Use may be updated or varied from time to time by HEL without notice to you, so please re-visit these terms frequently to ensure you understand the terms that apply. Changes to these HDC Membership Terms of Use are effective as of the stated “Last Update” and your continued use of the HDC Membership will constitute acceptance of, and agreement to be bound by, those changes.
- Privacy and Personal Data
The information provided by the member, in connection with subscribing to HDC Membership, will be registered by Propello Cloud Ltd who will be data processor on behalf of HEL. By using the Hagerty Drivers Club Website, Platform or Online Service you acknowledge that we will gather, process and store your personal data for the purpose of registering you on the Platform and providing you with the HDC Membership as further described in the Hagerty Drivers Club Privacy Notice. This does not affect any rights and obligations you or we have under applicable data protection laws. To read more regarding personal data and the customer’s rights in this respect please see our Hagerty Drivers Club Privacy Notice here.
- Confidential Information
During the term of your HDC Membership, any confidential information shared between us shall be kept strictly confidential and neither party shall copy, record or use it or disclose it other than for the purposes of the proper performance of, or to exercise its rights under, these HDC Membership Terms of Use.
Such confidential information may be disclosed to the extent required by court order or as otherwise required by law, provided that, to the extent legally permissible, you promptly notify HEL upon learning of the possibility of any such disclosure requirement.
- Complaints and Disputes
If you wish to complain about any element of the HDC Membership, please contact hdc@hagerty.co.uk
Any claim arising out of or in connection with your HDC Membership or these HDC Membership Terms of Use will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
- Your rights
The rights and remedies provided to you as part of the HDC Membership are in addition to, and not exclusive of, any rights or remedies provided by law and without prejudice to any of your rights as a consumer.
- Last Update
These HDC Membership Terms of Use were last updated [June 2024] (“Last Update”).