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LUXURY RESTAURANT GUIDE: MEMBERSHIP TERMS

Introduction

1. The Luxury Restaurant Guide (the Club) is owned and operated by Vision Marketing Limited, a company registered in England and Wales under company number 03749057 and with our registered office at Spinnaker House, 48 High Street, Bagshot, Surrey GU19 5AW. Our VAT number is 760 808 816.

2. Your membership of the Club is governed by these Terms and by our Privacy Policy. If you do not agree to be bound by these Terms and/or the Privacy Policy, you should not join the Club. Membership of the Club is open to consumers, not for businesses.

3. We may update these Terms from time to time at our discretion for technical or legal reasons, or because the needs of our business have changed. Unless the change made to the Terms is a legal requirement, you are bound by the Terms in force at the time you join the Club. You should therefore review these Terms before you renew your Club membership.

Becoming a member of the Club

4. You must be at least 18 years old to become a member of the Club. You can purchase membership online or by telephone. You can purchase an annual subscription or a monthly rolling subscription. The fees for each subscription are set out on our website and are subject to change at any time. If you have a monthly subscription we shall also notify you by email of any change to your monthly subscription fee. You can pay your subscription fee by debit or credit card or by direct debit.

5. If you have purchased an annual subscription, we shall send you a welcome pack including a membership card to the address you provided on registration. You should receive your welcome pack within 5 working days of payment. If you do not receive your welcome pack within such time, please contact us within 30 days of payment to request a replacement. If you contact us more than 30 days after payment, we reserve the right to charge you a £10 reissue fee and your membership card will be reissued with the same original expiry date. 6. If you have purchased an annual or monthly subscription we shall send you a welcome email with details of how to download your digital card. Your membership will start on or shortly after the date we receive your first subscription fee payment. Therefore, you should download your digital card as soon as possible to take full advantage of your membership. When you download your digital card, you should sign-in using the Club ID details that we provide to you. You are responsible for keeping your Club ID confidential and you are responsible for any activity under your account. 7. Unless you renew your membership of the Club, your annual membership will expire on the date set out on your digital card, and your monthly membership will expire on the date set out on your digital card if you fail to pay a monthly subscription fee when due.

Cancellation of your membership

8. You may cancel your membership to the Club within 14 days of the first date of your membership and obtain a refund provided that you have not used your membership card (including your digital card). However, you agree that your membership of the Club starts immediately. Therefore, we are entitled to deduct from your refund £10 to cover the value of your membership up to the point that you cancel and in respect of the administration and postage costs of the membership card if you have an annual subscription.

9. You must return to us your membership card and your membership pack within 14 days of the date you notify us that you wish to cancel and we reserve the right to charge you any costs incurred by us in enforcing this obligation. You must also delete the Club app from your phone.

10. To exercise your right to cancel, you should email us at admin@luxuryrestaurantguide.com.

11. After the 14-day period set out in Condition 8, annual subscriptions are not refundable. You can cancel a monthly subscription on 1 month’s notice by contacting us at admin@luxuryrestaurantguide.com.

Lost cards

12. Lost or stolen membership cards must be reported to us immediately at admin@luxuryrestaurantguide.com. An administration charge of £10 may be incurred to provide a replacement card. We are unable to replace any vouchers contained in the welcome pack that are lost.

Membership benefits

13. Membership of the Club enables members to take advantage of offers, added value and/or benefits at participating restaurants. Members must check the Club website before booking a restaurant to see the offers available at each restaurant, together with applicable exclusions. Benefits are generally not available on 14 February, Mother’s Day and 25, 26, 31 December.

14. You must mention your membership or digital card when booking by telephone at the participating restaurant, and you must show your membership card or digital card when you request the bill. Membership benefits will automatically be applied when booking online when you are logged in as a member though the Club app or website. You will receive a confirmation email to advise you that benefits will be applied

15. Your membership card cannot be used in conjunction with any other offer and only one membership card can be used per table.

16. Membership cards are personal to the member and are therefore not transferable. This means that you cannot give or lend your card to another person to use.

Liability and disclaimer – Your attention is particularly drawn to these provisions

17. We use our best endeavours to keep the information on the Club website up-to-date and complete. But, you acknowledge and agree that (a) we are dependent on the restaurants providing to us all appropriate information, and changes to such information; (b) restaurants may withdraw, cancel, vary or in any way change at any time without notice, any discount, reward, restaurant, meal validity period, or other benefit previously offered or expressed as available to you as a member; and (c) restaurants may cease to belong to the Club at any time.

18. Accordingly, we shall not be liable to you if (a) a particular restaurant ceases to participate in the Club or ceases to offer any particular benefit of membership to the Club; and/or (b) the benefits or exclusions information on the Club website for a restaurant are not current and/or are incomplete.

19. You agree that (a) we are not liable in respect of the food, drink or other services provided by the restaurants or any failure by a restaurant to provide a discount or other benefit to you; and (b) we cannot become involved in any dispute between you and any restaurant.

20. Our maximum liability to you for any losses, costs, claims or expenses in relation to your membership of the Club shall not exceed fee paid by you for membership of the Club over the previous 12 month period.

21. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded or limited by English law.

Termination or Suspension

22. We may suspend or terminate a membership if (a) you have breached any provision of these Terms in particular in relation to transfer or sharing of the membership card; (b) we cannot verify or authenticate any information you provide to us; and/or (c) we determine that your conduct could damage our reputation. If your membership is terminated you may not re-register under a different name.

General

23. These Terms and the Privacy Policy (as amended from time to time) constitute the entire agreement relating to your membership of the Club. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
24. If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Club please follow this link http://ec.europa.eu/odr 25. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

Terms applicable if you Download the Club App from the Apple iTunes App Store

26. We both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

27. The licence granted to you for the App is limited to a non- transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.

28. We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

29. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

30. We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

31. We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

32. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

33. We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Last updated: August 2017

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