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Exclusive Privilege Card Terms & Conditions

Introduction

The following are the terms and conditions related to the supply and the use of an Exclusive Privilege Card. Please read all of the terms and conditions and ensure that you understand everything completely prior to applying for your card. It is recommended that you print a copy of the terms and conditions for your records.

By applying for your Exclusive Privilege Card you agree to be bound to these terms and conditions and we retain the right to alter the terms and conditions herein at any time and give you notice by posting any amendments onto our website. The terms and conditions relating to the time that you applied for your card will remain in force unless such terms and conditions are required by law or governmental authority.

Contractual Rights

When applying for an Exclusive Privilege card you are requesting the use of the Privileges offered to Exclusive Privilege Card holders for the period specified at the point of application. Your membership/subscription will be automatically recurring but you have the right to cancel within 60 days from the date that any payment is made. We should be informed of your request to cancel by telephone 01704 516564. We will send to you a confirmation email confirming such cancellation. Return of any valid Exclusive Privilege Card and any supplementary cards will then be requested prior to a full refund which will be made within 7 days of receipt of the returned cards. In the case of supplementary cards having been supplied via any offer or promotion, primary account cards will be refunded to the value paid of any supplementary card holder card price if the supplementary card is to be retained. If both primary and any supplementary cards are to be returned (by recorded delivery), a full refund will be made. We do not provide for any refunds after 60 days.

Cost and Delivery

The current price of an Exclusive Privilege Card will be clearly displayed on the website www.exclusivecard.co.uk and will supersede any price displayed and advertised on any promotional material. We will endeavour to keep up to date and replace all such promotional materials and all subsequently released promotional material will reflect a current displayed price of an Exclusive Privilege Card on the website at the time of release. The current website pricing structure will always take precedence at the point of application for a card except in an obvious case of error. If a replacement card is required prior to the expiration of an original card, the card can be replaced at the cost of £5.00 (plus postage). A replacement card will have the original name and expiry date on it. A replacement card can be requested by email or telephone.

You will receive your Exclusive Privilege Card within a maximum 30 days of application. (Our target is 10- 14 days) Application is deemed to be when payment is accepted.

Liability

Exclusive Card serves only as passing on the services or goods at reduced and discounted prices of participating businesses and cannot be held responsible for any losses or liabilities arising from or in connection with said services or goods. We accept no responsibility for bad service or bad experiences arising from using the services of the participating business. Our deals can change at any time. We strive to keep all deals up to date on the website however there may be deals on the website that are no longer accepted. Please contact us if you find any of these. We cannot be held responsible for any incorrect deals. Any arising dispute between an Exclusive Privilege Card holder and a participating business is between the card holder and said business and we cannot be party to any dispute arising. In addition Exclusive Media & PR Ltd gives no warranty in any way for the services and products accessed through or displayed upon our website.

Furthermore in a case of non-acceptance of Exclusive Privilege Card by any participating business even if displayed on our website or subject to e-mail notification we cannot be held responsible for any loss of potential savings, time, business or income by an Exclusive Privilege Card Holder. However in the case of non-acceptance of the card for an advertised or current offer being promoted on the website, Exclusive Media & PR Ltd will mediate between both parties to try to recover the value of the expected savings as per our agreement with participating businesses. For the sake of certainty once again, Exclusive Media & PR Ltd cannot be held responsible for the loss of savings, time, business or income in such case.

None of the above exclusions exclude or limits our liability against the following:

4.1. Negligence causing death or injury.

4.2. Deliberate fraud or misrepresentation.

4.3. Any obligation by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

4.4. Any further legal obligations.

Who Are Exclusive Media & PR Ltd

Exclusive Privilege Card is operated by: Exclusive Media & PR Ltd and is a company registered in England and Wales with the company number: 09413230. Our office and trading address is Heritage House, 9b Hoghton Street, Southport Merseyside, PR9 0TE.

Communication

The business model for Exclusive Privilege Card is Electronic and therefore acceptance of the terms and conditions includes acceptance and agreement that information, notices and all other communications will be of an electronic nature and you accept that this complies with all legal requirements. Your statutory rights are not affected.

Use of Exclusive Privilege Card

Each Exclusive Privilege Card has an expiry date and any participating business will not accept an expired card. Cards are not transferrable and are to be used only when the cardholder is present. Any misuse of the card may lead to withdrawal of the card. The participating business has full right to not accept the Exclusive Privilege Card if the user is not present. Any reported misuse of the card may result in non-renewal upon expiry.

Users are recommended to check the website prior to using the card for a specific visit to a participating business to establish any possible restrictions to the use of the card on for example, a particular day of the week, the number of people in your party or the possibility of the requirement to pre-book. These are just three examples of a possible restriction. In this case Exclusive Media & PR Ltd cannot be held responsible for the non-acceptability of a card due to advertised restrictions.

Participating businesses can withdraw from Exclusive Privilege Card at any time and although we will endeavour to remove such a business from our website promptly Exclusive Media & PR Ltd cannot be held responsible for the possibility of delay to this action causing non acceptance of Exclusive Privilege Card.

Offers advertised are almost always (but not always) excluded from any other offers and promotions within a given business and the card may not be accepted in conjunction with any other such offers or promotions at any given time.

The Agreement

No third party shall have any rights under the above terms and conditions and having read all of the above terms and conditions you will only apply for an Exclusive Privilege Card once having fully understood and accepted all conditions.

Law and Jurisdiction

Any disputes arising from the above terms and conditions shall be interpreted in accordance with the English law and subject to the jurisdiction of the English Courts.

Terms & Conditions For Participating Businesses 1. Special Promotions Offered to Exclusive Privilege Card Promotions can be submitted to Exclusive Privilege card either by using the Offer or Promotion Form that is available. Promotions can also be submitted simply by e-mail but should include all of the details required for promotion that are requested if the Offer or Promotion form has been used. You must state clearly any specific restrictions to such promotions and must also clearly state if the promotion offered is subject to a termination date or is offered until further notice. All promotions subject to a termination date will be deleted from the website system on the date of termination and will no longer be promoted to Exclusive Privilege Card holders through our marketing channels. If you choose to promote the offer ‘Until Further Notice’ any requested use of an Exclusive Privilege Card in respect of the promotion specified by a start date must be honoured at all times until a termination is requested. Termination will then only take effect upon your instruction by email and will take 15 days to take effect. For clarity we require 15 days of notice for termination of an active promotion as our website database is updated twice in each calendar month. Exclusive Media & PR Ltd will confirm by e-mail, that such termination has taken effect. Specific Restrictions (above) could include 0.1. If pre-booking and notification of intended use of the Exclusive Privilege Card is necessary. 0.2. A maximum number in a party who can benefit from the single use of the Exclusive Privilege card. 0.3. A specific day(s) of the week where use is restricted. 0.4. A particular date or dates when there is a restriction. 1. Honouring of Deals It is the responsibility of the participating business to fully inform all members of staff of your participation and activity with Exclusive Privilege Card and of the promotions being offered to Exclusive Privilege Card holders. Any promotion that is still active on the Exclusive Card website and therefore is still an active promotion between a participating business and Exclusive Media & PR Ltd must be honoured if a valid Exclusive Privilege Card is produced for use in respect of the promotion. If for any reason even in error an Exclusive Privilege Card holder is refused the promotion benefits in relation to a still active promotion you must a agree to compensate the Exclusive Privilege Card holder only to the value of the savings of the promotion if they subsequently request it within a 14 calendar day period and can produce a valid receipt proving they had been entitled to the promotion. Exclusive Media & PR Ltd are not liable for any compensation in relation to denied promotions except in a circumstance of error on our behalf. 1. Marketing All deals and promotions provided for the use by Exclusive Privilege Card holders will be clearly displayed on our website and participating businesses are welcome to supply for use on the website and marketing materials a high resolution version of Logo’s, Imagery etc. In addition to website promotions all Exclusive Privilege Card holders will be informed of promotions being offered in the form of Press release email marketing. Regular newsletters with selected offers and links to the website will also be provided. 1. Contractual Agreement Exclusive Media & PR Ltd will not enter into any contractually binding agreement with a business wishing to participate within the Exclusive Privilege Card scheme other than any existing promotion which remains active. As mentioned in section (1.), 15 days of notice is required for termination of an active promotion if the promotion was on an ‘Until Further Notice’ basis. No further notice of withdrawal from (1) an active promotion or (2) the Exclusive Privilege Card scheme is necessary. 0.1. A Participating business and Exclusive Media & PR Ltd will not enter into a financial contract and all of the services of Exclusive Media & PR Ltd are offered to the participating business completely without charge. 0.1. Exclusive Media & PR Ltd will act solely as a marketing vehicle for the participating business and any financial transaction between the participating business and an Exclusive Privilege Card holder is entirely between the two parties and is not the responsibility of Exclusive Media & PR Ltd. (except in the case of obvious error by Exclusive Media & PR Ltd. 1. Use of Exclusive Privilege Card Exclusive Privilege Card is a non-transferrable and expiring card. It is the responsibility of the participating business to deny the use for any promotion offered, if it is clear and without question that the owner of the card is not present or if the card has passed the expiry date clearly printed onto the card. 1. Website No participating business can access the administration area of the website system of Exclusive Media & PR Ltd but can supply materials to be used by way of promotion. 0.1. A participating business may link from their own website to the homepage of Exclusive Privilege Card provided that any link in no way damages our reputation or our integrity. 0.1. Where the website of Exclusive Privilege Card uses links to that of a participating business Exclusive Media & PR Ltd accept no responsibility for any loss or damage that may arise from such a link.

 

Participating Business (On-line business) Use

Any promotions offered via the website of the participating business for the use of an Exclusive Privilege Card must be set up via the use of a promotional code.

Exclusive Media & PR Ltd will have no financial responsibility to the participating business in the case of any misuse of an Exclusive Privilege Card holder via the website of the participating business.

If any promotional material used by the website or marketing of Exclusive Media & PR Ltd is deemed by a participating business to be inaccurate or misleading you must inform us immediately and any agreed corrections or withdrawals will be made as soon as is reasonably possible.

Exclusive Media & PR Ltd cannot be held responsible for any financial loss or loss of reputation or any other legal responsibilities for inaccuracies, errors or misrepresentation within our marketing of a given promotion unless we are fully informed of such inaccuracies and errors by email or telephone and fail to take the appropriate action and make correct amendments or withdrawals within a reasonable timeframe. In such a case all corrections or withdrawals require the participating business to agree the amendments or withdrawals are satisfactory within a similar timeframe.

The business model for Exclusive Privilege Card is electronic and therefore acceptance of these terms and conditions includes acceptance and agreement that information, notices and all other communications will be of an electronic nature and you accept that this complies with all legal requirements. Your statutory rights are not affected. Any disputes arising from the above terms and conditions shall be interpreted in accordance with English Law and subject to the jurisdiction of the English courts.