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Terms and conditions

Terms and conditions

1.      Terms and Conditions of membership

1.1.      These terms and conditions incorporate the TN card's privacy notice.

1.2.     This agreement is formed when you accept our terms and conditions by purchasing one of our products. 

1.3.     By accepting these terms and conditions you are agreeing to go ahead with the service.

1.4.     We will commence provision of the membership (product / service) to you immediately upon commencement of your subscription via the website or app.

1.5.     These terms contain important information about your membership, product, or service.

1.6.     By accepting these terms and conditions you legally warrant that you can enter into a binding contract and you are at least 16 years old.

 

2.     Membership term

2.1.     Except where clause 2.5 applies, your membership is continuous and will automatically renew on your renewal date for the agreed reoccurring term unless you notify us via our online cancellation process, further details of which are available under our FAQs.

2.2.    Membership reminders will be issued for annual renewing products (only) to the email address registered to your account.

2.3.   It is your responsibility to advise us of a new email address so we can keep your details up to date.

2.4.   You can find your renewal/expiry date of your membership in the account section of our mobile app or website.

2.5.   Your membership will not automatically renew if you were not required to enter your payment details when you subscribed for our service.

2.6.  These terms apply to both monthly and annual memberships.

 

3.     Billing and Payments

3.1.   Payments must be made using a valid payment method.

3.2.   By agreeing to an auto renewing product, you are giving us permission to take subsequent payments from the same payment method.

3.3.   If you wish to change your payment method, you will need to contact us before a payment is due.

3.4.   Upgrades will be charged to your existing payment method, or you can pay with a valid alternative.

3.5.   Pro-rata charges may apply if you upgrade or cancel before your next payment (monthly or annual) is due.

3.6.   Prices include VAT.

3.7.    Refunds or credits are not provided if you cancel your membership within the current term.

3.8.   We may change our prices from time to time; any price changes will apply no earlier than 14 days following notice to you and will take effect on the date your next payment is made. If you do not want to accept a price change you can cancel your membership before the change takes effect. Details on how to cancel can be found in our FAQs. 

 

4.     Your Rights

4.1.     Under the Consumer Cancellation Regulations, you are entitled to a ‘cooling off period’ and have 14 days from the day you agree to these terms to cancel your subscription. Your service is provided from the time of subscription via our mobile apps. If you cancel within the cooling off period, you will be entitled to a refund of your subscription fee.  However, we do have the right to charge you for any services consumed by you during that 14-day period.

4.2.   Any statutory cooling off period (14-day) does not apply to subsequent renewals. 

4.3  You can cancel your subscription at any point before the end of your current membership term.

 

5.     Terms of Use

5.1.    You will be able to access our digital product immediately via our mobile apps.

5.2.   Any physical products in relation to the service being provided should be with you within 10 working days of subscription.

5.3.   No Membership should be transferred to anyone else.

5.4.   A Membership can only be used by the named member.

5.5.   Members are required to produce their membership card at participating venues prior to making purchases / ordering.

5.6.  We use reasonable endeavours to keep the details of venues who are participating in offers up to date.

5.7.    We are not responsible for any venues who refrain from honouring their reward.  However, should this happen please contact us as soon as possible so we may address this issue (rewards are offered on a trust basis, so this will be treated as a priority).

5.8.   Venues are entitled to withdraw from our service or to change the terms and conditions applying to their offers with a two week notice period.  Please always check our website or app prior to visiting a venue.

5.9.   Members will benefit from any additional venues which join after the membership has started.

5.10. Participating venues have the right to check the validity of your membership card.

 

6.     Legal & notices

6.1.    Our liability

6.1.1.    Nothing in this agreement excludes or limits our liability for:

6.1.1.1.     Death or personal injury caused by our negligence.

6.1.1.2.   Fraud or fraudulent misrepresentation.

6.1.1.3.   Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

6.1.2.  We accept no liability for the availability of participating venues, or any terms, conditions or exclusions offered by participating venues.   Where you receive services and/or purchase food/drinks from any participating venue, any rights that you may have in relation to defects in the services/food/drinks are against the relevant participating venue. We accept no liability for any lack of enjoyment or adverse experiences at any of the participating venues. We reserve the right not to be involved in any dispute between you and any venue.

6.1.3.  We do not give any warranty in respect of any goods or services provided by third parties which are accessed through, or displayed on, our site other than our own services.

6.1.4.  We accept no liability for the availability of participating venues including any lack of availability resulting from events outside our reasonable control, for example Covid-related lockdowns or changes to venue operating models due to Covid restrictions.

6.2.   Written communication

6.2.1.  Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We may contact you by e-mail, push notification or provide you with information by posting notices on our website(s). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

6.3.   Notices

6.3.1.  All notices given by you to us must be via letter to Ello Group Ltd, Birkby Grange, 85 Birkby Hall Road, Birkby, Huddersfield, HD2 2XB.We may give notice to you at either the e-mail or postal address you provide to us when registering with us, or in any of the ways specified in clause 6.2 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

6.4.    Waiver

6.4.1.  Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.

6.5.   Severability

6.5.1.  If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

6.6.   Third party rights

6.6.1.  A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

6.7.   Entire agreement

6.7.1.  These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. Nothing in this clause limits or excludes any liability for fraud.

6.8.   Law and jurisdiction

6.8.1.  This agreement shall be interpreted in accordance with the law applicable in the geographical area in which you live and shall be subject to the jurisdiction of the courts in that area.

7.     Information about us

The products and services are operated by the TN card as follows:

7.1.     THE TNCARD LIMITED,  a company registered in England and Wales under company number 12366391 and with its registered office at Birch House, 1 Valle Gardens, Leigh TN11 9FA. The VAT number is 404 2655 24.

7.2. THE TNCARD LIMITED is a certified Social Enterprise, with the object stated in Clause 2(1) of its Articles of Association registered at Companies House being:  The company’s primary social object is to carry out such business operations and related activities as will in the opinion of the directors encourage people in the TN postcodes to support local and raise funds for West Kent Mind through the sale of membership cards that reward users for supporting local, benefitting participating independent businesses in the TN postcodes and West Kent Mind, and result in a material positive impact on society and the environment, taken as a whole.

 

Gift Membership Terms and Conditions

8.1.   In purchasing a gift membership, the customer is not entering a contract with the TN card.

8.2.  In redeeming a gift membership, the customer is agreeing to the terms and conditions of membership as stated at thetncard.com/terms-and-conditions.

8.3.  No subscription is created for gift memberships.  Recipients have the option of extending their membership at the end of the gift period by creating a subscription, either on a monthly or annual basis.  This is not obligatory however.  Without an extension, membership will cease at the end of the gift period.

8.4.  Refunds or credits are not provided once the e-gift card has been redeemed.

8.5.  Should a refund be requested by the customer after a printed gift card has been dispatched, the customer will be required to return the gift card and presentation brochure prior to receiving a refund in accordance with your rights (Clause 4).

 

Social Media Competition Terms and Conditions

  • The promoter of the competition is: The TN card Limited, 1 Valle Gardens, Leigh, TN11 9FA

  • For more information about the TN card please refer to our general terms and conditions. 

  • By entering into the prize draw you accept these terms and conditions. 

  • The prize draw is open to TN card members.  Entrants must be over the age of 18 and should exclude our employees, their immediate family, or any person or company associated with the draw. 

  • Winner(s) will be chosen at random and a check will be performed to ensure the winner is a current and valid member of the TN card.  The TN card reserves the right to redraw the prize draw when winners are not active members.

  • Late, invalid or incomplete entries will not be considered, and we accept no responsibility for lost entries. 

  • The prize is as stated in our newsletter or on our social media channels.

  • The prize is non-transferable and there are no cash alternatives. We reserve the right to substitute a prize of equal or greater value at any time. 

  • The winner(s) will be chosen at random from all qualifying entries. The result is final, and no discussion will be entered concerning the outcome. 

  • The prize draw closes on a time and date specified in our newsletter and / or social media platforms.

  • The winner will be connected with our prize draw partner within 14 days. The winner(s) contact details will be passed on to this third party for prize fulfilment purposes. Where a TN card prize is offered, our product will be dispatched within 14 days.

  • The personal information and contact details you supply in relation to the competition will be used in accordance with our Privacy Policy.

  • We reserve the right to amend these terms and conditions or to cancel, alter or amend the draw or the prize due to any circumstances that arise beyond our control. 

  • The prize draw is subject to the laws of England and Wales.