FOMT Terms and Conditions

WHO ARE WE?

APPLICATION OF THESE TERMS & CONDITIONS

1. These terms and conditions, together with our Privacy Notice, Cookies Policy and website Terms of Use govern the way in which you may use our website and apply to your FOMT Membership (referred to in these terms and conditions simply as Membership), Membership cards and all orders you place on our website irrespective of the delivery platform or device you use to access it. 
2. Please read these terms and conditions carefully and make sure that you understand them before applying for a Membership (you may wish to print a copy for your records). By accessing our website you are agreeing to these terms and conditions but they do not affect your legal rights. If you do not agree with the terms and conditions you should not apply for a Membership, use our website or place an order.
3. If you think there is a mistake in these terms and conditions or you have any questions, then please contact us to discuss.
4. We may occasionally amend these terms and conditions and you should check them each time you place an order. These terms and conditions were last amended on 1 September 2019.
5. You are only eligible for a Membership if you are aged 18 or older. By submitting an order you are promising to us that you are at least 18 years old. 

 

TYPES OF MEMBERSHIP

We currently offer two different types of Membership:

• International Cunt Circus Membership
• Arsehole for a Brain Membership

The benefits of these different types of Membership are detailed in clause 7 below. 

FOMT DELIVERY INFORMATION

Please note that the FOMT Welcome Packages may take up to 14 working days to be dispatched, depending on the printing cycle. If you need the Welcome Package for a specific date or have any queries regarding delivery please contact us at friends@moderntoss.com

APPLICATION OF THESE TERMS & CONDITIONS

1. You may apply for Membership by completing the application form and making payment on our website. You may apply for a Membership for someone other than yourself.
2. You may apply to renew your Membership online through your FOMT account or by calling the Membership Helpline.
3. Up until the point at which you place an online order, you can review it and make changes to it. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in clause 5.
4. If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually by the following business day in the UK.
5. When placing an order you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to place the order and purchase Membership from us using those payment details. If we do not receive payment authorisation or any payment authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Membership. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
6. We are not obliged to accept your order and can refuse to do so for any reason. We may also be unable to accept your order because:

• we have identified an error in the price or description of our services;
• we are unable to obtain authorisation for your payment;
• you do not meet the eligibility to order criteria as set out in these terms and conditions.
• We will let you know if this is the case and will not charge you for the Membership you have attempted to order.

 

YOUR ACCOUNT

1. The creation of an agreement between you and us for the Membership you register for will only occur when we confirm acceptance of your application and issue details of your Membership.
2. All Memberships are annual. You understand that by purchasing a Membership you are committing to pay the full annual subscription fee in advance for that Membership for the period of 12 months (subject to these terms and conditions).
3. No refund of the annual subscription fee for the period which is paid in advance will be made unless you cancel in accordance with clause 5 below or we are in breach of these terms and conditions in which case clause 14 applies.
4. My FOMT Account: Please note that as part of the online order process you will be asked to register a Member’s account called a “My FOMT account” with us and registration is for a single user only. Your Membership will be managed within our website and you will need to login to your Modern Toss account in order to access the full benefits of your Membership. The email address that you provide must correspond to a named email account and not a generic or shared email account. This will be your login username.
5. You must not share your ID or give access to your My FOMT account through your ID to anyone else. We may suspend or cancel your subscription and terminate the agreement and your Membership if you share your ID without our consent.
6. You are responsible for all use of your Membership whether by you or anyone else who is using your ID and you must prevent unauthorised use of your ID.
7. If you believe there has been any theft or unauthorised use of your ID or any payment information, you must notify us immediately at 01273 689599 or via friends@moderntoss.com and immediately change your password by using the ‘Forgot your password?’ function on our website.
8. We recommend that you change your user password regularly. Changes to your ID can be made by logging in to your “My FOMT Account” section of your Modern Toss account.

CANCELLATION RIGHTS

1. If you applied for your Membership via our website, you may cancel the Membership at any time within 15 days from the date your application is accepted and you receive our confirmation email. This period is known as the cancellation period.
2. To cancel, you will need to contact the Membership helpline by phone, or in writing by email or post, and let us know of your decision to cancel within the cancellation period.
3. If you cancel in accordance with this clause 5 you will receive a full refund of any subscription fee you have paid for your Membership although, if you have received your membership pack or used the automatic discount during the cancellation period, you will be charged and must pay for any benefits used and/or other costs incurred by us arising from the cancellation, in which case the amount refunded will be reduced accordingly and, in certain circumstances, could mean that no refund is due.
4. Refunds will be paid back to the credit, debit or charge card used to purchase the Membership (or such other method as we may need to use, such as BACS transfer) within 14 days of receipt of your notification to cancel.

MEMBERSHIP DISCOUNTS AND OFFERS

1. To claim the Membership discounts on the Modern Toss website, you will need to login to your Modern Toss to access your account.
2. We may occasionally make additional discounts and offers available to FOMT Members. The additional discounts and offers made available to Members are discretionary and may be withdrawn or amended at any time without notice. If using another promo code at checkout, this code will override your automatic discount.
3. To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
4. We are not responsible for promotions related to our services where such promotions are published on external websites or other media.

USING YOUR MEMBERSHIP

A valid Membership entitles the holder to: 

• An exclusive Membership Card with your name on it
• Members login with an automatic discount on our website shop
• Members only pages and archive print sales
• A special members only Modern Toss birthday card
• Exclusive monthly FOMT emails
• An exclusive FOMT badge
• An A2 folded FOMT posterzine
• A signed A5 Risograph work print (Premium members only)

Discounts on the website shop are as follows:

• International Cunt Circus Membership: 15% discount; and
• Arsehole for a Brain Membership: 10% discount 
• Your Membership card is not transferable or for sharing.

PAYMENT OF ANNUAL MEMBERSHIP FEES

1. The annual Membership fee for each type of Membership is available from our website includes VAT. If the rate of VAT changes between your order date and the date we supply our services, we will adjust the rate of VAT that you pay, unless you have already paid for the Membership in full before the change in the rate of VAT takes effect.
2. The annual Membership fee must be paid in advance at the same time as applying for Membership.
3. Payment can be made using a debit, credit or charge card. We accept all major credit or debit cards, including VISA, Mastercard and American Express.
4. During the checkout process you will be asked for your payment details. By completing these you are confirming that the bank account information / debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
5. To make any payment by credit, debit or charge card, you must provide the cardholder’s name and email address, the card number, the card security code, the card expiry date and (where applicable) the card start date and/or issue number.
6. We reserve the right to increase the annual Membership fee but this will not affect any order you have already placed and which we have accepted for the relevant Membership period before the increase took effect.
7. We will notify you at least 10 days in advance of your next renewal period any changes to your Membership fee that will apply upon next renewal.
8. We make every effort to ensure that the correct prices are displayed on our website. However, if we realise services have been given the wrong price, we will correct this without delay.
9. If we discover an error in the price of the Membership or any other services you have ordered before they are provided to you, we will contact you to inform you of this error and will give you the option of continuing to purchase at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you accordingly.
10. Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide our services to you at the incorrect (lower) price.

RENEWAL OF YOUR MEMBERSHIP

1. Your Membership subscription will automatically continue at the end of your Membership period and the Membership period will be extended for a further year unless you notify us if you do not wish to renew.
2. We will notify you at least 10 days in advance of the renewal date to inform you that your renewal is due and of any increase in the Membership fee.
3. If you want to change the card details to be debited, you may telephone the Membership helpline for help or change the details online in your FOMT account. 

 

UPGRADE TO FOMT PREMIUM MEMBERSHIP AND OTHER OFFERS

1. We will automatically upgrade your standard Membership to Premium Membership (at no extra charge) if you renew your Membership after your first year provided that you pay the applicable Membership fee before the expiry of your first Membership year. This means you will continue to enjoy the benefits of your Standard Membership with the extra benefits of Premium Membership (please see 7(l) for more details).
2. We may also make other offers available to you at the date of renewal (or otherwise) but such offers are discretionary and may be withdrawn or changed by us from time to time. Details of current offers (if any) will be published on our website.

LOST, STOLEN OR DEFECTIVE CARDS

1. You will need to telephone the Membership helpline as soon as possible to report any lost or stolen Membership card.
2. We will charge an administration fee of £5 for each replacement Membership card we have to issue and the replacement card will be posted to the address linked to your account.

CHANGES

INFORMATION PROVIDED

1. You confirm that the personal information you provide that identifies you (including contact information) is accurate and complete, and that you are authorised to provide such personal information. It is your responsibility to ensure that such personal information is kept up to date, and we will not be responsible for matters arising from errors or omissions in personal information at any time. You may update your own details at any time online via your My FOMT account (where the relevant function is available) or by contacting the Membership helpline.
2. We will use your personal information in accordance with the Modern Toss Privacy Notice. The Privacy Notice contains more detail about how we collect and use your personal information and you should read it carefully and make sure that you understand it before applying for Membership.
3. When communicating with you, we will use the contact information (email address and phone numbers) provided in your My FOMT account. It is therefore important that you keep your contact details updated.

ISSUES WITH YOUR MEMBERSHIP

1. We promise to provide the Membership services to you with reasonable skill and care and to use reasonable efforts to promptly remedy any faults of which we become aware. However we do not provide any other promises or warranties about FOMT Membership, our website or services.
2. You have the right to terminate your Membership where:

• we have told you about an error in the price or description of our services you have ordered and you do not wish to proceed;
• there is a risk that supply of our services may be significantly delayed because of events outside our control;
• we have suspended or have notified you that we are going to suspend supply of our services for technical reasons for a period of more than 14 consecutive days; or
• where we have failed to comply with these terms and conditions in a serious way and we are unable to cure such failure within a reasonable time period.
• If you wish to terminate your Membership for any of the reasons detailed in this clause 14 please notify us by e-mailing us or writing to us at friends@moderntoss.com. Your Membership will end and your Membership card will be de-activated and invalidated as soon as we receive your notification and we will refund you in full the Membership fee you have paid less a deduction for the price of any use you have made of your Membership up to and including the date of your termination notice.

YOUR LEGAL RIGHTS

As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these terms and conditions will affect these legal rights.

SUSPENSION AND TERMINATION BY FOMT

We may suspend your Membership and temporarily deactivate your Membership Card or terminate your Membership (in our discretion) if:

• you fail to make any payment to us when due;
• we suspect any fraud in any matter connected to your Membership;
• any significant misuse of your Membership or Membership card;
• any other serious breach of these terms and conditions which is either not capable of cure or which (if capable of cure) is not cured by you within the reasonable time period we specify.

If we terminate your Membership under this clause 16, we may refund any Membership fee you have paid but shall be entitled to deduct the price of any services you have used since the start of your Membership and a fair amount to reflect the loss to us from terminating the Membership in such circumstances. This right does not limit any other rights we may have against you.
On termination, we will deactivate and invalidate your Membership card.

 

OUR LIABILITY

1. If we fail to comply with these terms and conditions, we are responsible for any loss or damage that you suffer that is a foreseeable result of us breaking this agreement or failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable either if it is obvious that it will happen or if at the time of your application both you and we knew it might happen.
2. We will not be liable or responsible for any failure to perform or delay in performance that is caused by events outside its reasonable control, including any act, event, non-happening, omission or accident which may be due to the following:

• Strikes, lockouts or other industrial action
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war
• Fire, explosion, adverse weather, snowfall, ice, storm, flood, earthquake, subsidence, epidemic or other natural disaster
• Disruption to or failure of the railways, shipping, aircraft, motor transport or other means of public or private transport
• Disruption to or failure of public or private telecommunications networks, the Internet, utility supplies or postal services
• Any governmental act, decree, legislation, regulation or restriction
• We do not exclude or restrict our liability for fraud, or for death or personal injury resulting from its negligence or that of its contractors or agents, and nothing in this clause shall operate to exclude, restrict or limit this liability.
• This agreement is between us and you and no other person shall have any rights to enforce this agreement.
• If we do not insist that you perform any of your obligations under these terms and conditions, or do not enforce or delay enforcing its rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations unless we have confirmed this in writing to you.
• English law governs these terms and all aspects of the relationship between us and you, The English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these terms and conditions. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or in the EU country in which you live.
• We will only write and communicate with you in the English language.

QUESTIONS AND COMPLAINTS

1. All complaints or queries should be addressed to FOMT Administration by post to PO Box 386 Brighton BN1 3SN or by email to friends@moderntoss.com or by phone 01273 689599.
2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution. The European Commission has established a website for online dispute resolution which is available at www.ec.europa.eu/consumers/odr, and which is designed to assist consumers in resolving disputes online without having to go to court.

Last updated 1 September 2019