Terms and Conditions
Membership is subject to our full Terms and Conditions (the "Terms") as detailed below.
This membership agreement for the Gourmet Society (the "Agreement") is made between you (the "Member"); and Simard Limited, trading as "Gourmet Society", a company registered in England and Wales under company number 06655278 and with our registered office at Birkby Grange, Birkby Hall Road, Huddersfield, HD2 2XB ("SL" or "we").
- Service Description: The Gourmet Society is a membership service provided by SL to the Member consisting of a portfolio of benefits from third party suppliers that are designed to make the Member’s experiences more attractive. The service specialises in providing benefits and discounts in restaurants throughout the United Kingdom, as detailed in clause 5.
- Registration of your details: By placing an order for the Gourmet Society membership, you warrant that you are legally capable of entering into binding contracts. You agree to provide SL at registration either via our website, telephone or post ("registration") a correspondence address, both email and postal and either a credit/debit card or personal or business bank account ("billing device"). You must inform SL immediately of any changes to your correspondence address by either calling SL by telephone on 0800 043 1978 or emailing email@example.com.
- Commencement of membership: Upon acceptance of your registration by SL, your membership will commence. You will be emailed details of your membership and will be able to use the part of our website that is accessible only for Members. We will send you a membership card (either physical or digital) within 30 days of your registration (should you not receive your membership card within 30 days you must inform us; if you do not inform us we will assume you have received your membership card).
- Ownership of products: Ownership of the membership card and any directories provided ("the products") is retained by SL at all times.
- Accessing restaurant discounts: As a member you are granted exclusive access to the "Members Area" of our website where you can search for participating restaurants and the availability of offers. The discount provided by the restaurants varies, with the majority offering either 2 meals for the price of 1 or a 25% discount off the total bill. Please check the details for the individual restaurant for specific details of the offer, including how many meals or diners the discount applies to and how many membership cards can be presented per dining party. Some restaurants require you book in advance by telephone using the telephone number displayed on their page of the website. When you telephone the restaurant you must state that you are a Gourmet Society member. You will only have to pay the relevant restaurant after you have eaten. When you arrive at the restaurant you can order whatever food you want from the normal a la carte menu (Gourmet Society cannot be used in conjunction with any other offers or special promotions; Gourmet Society can only be used when eating from set-menus at the discretion of the participating restaurant). Present your membership card to the waiter at the end of your meal and your bill will be presented to you, minus your Gourmet Society discount. Your membership card must be presented to receive the discount.
- Notices: We will alert you to revisions to this Agreement including the membership fee with a minimum of 14 days notice, either on our website, email communication or by writing to you ("notice"). SL is not liable for non-receipt of any notice, but will do its utmost to endeavour they are received and read by you. In proving any notice has been served by us it will be sufficient to prove that we addressed it and sent it to the address provided by you. In accordance with section 2 you must inform us of any changes to your details.
- Communication: For contractual purposes, you agree to 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 communications be in writing.
- Membership Fee: You agree that we will charge you each term for the Gourmet Society service ("membership fee"). The amount of the membership fee due is detailed at your registration or via any subsequent notices. You authorise SL for the entire duration of your membership to access funds from any billing device you have provided to SL in order to take the membership fee and, if applicable, additional charges pursuant to section 9.
- Additional charges: SL may levy reasonable additional charges that it incurs in recovering your payable membership fee, including legal and administration costs, if access to your funds would not be possible for a reason attributable to you.
- Membership term and renewal: The Gourmet Society is an on-going membership subscription service. When you become a Member, the initial term of your membership starts as detailed in the registration ("initial membership"). Your membership is automatically renewed at the end of your initial term, for a 12-months period, and is automatically renewed for such period at the end of each subsequent term until cancelled in accordance with section 11.b.
- Cancelling your initial or renewed membership and refund policy:
a. Initial membership: you have the right to cancel your initial membership with us within 15 days of commencement of your membership ("cooling-off period"). To cancel your initial membership, you can use our cancellation form or contact us by e-mail (firstname.lastname@example.org), phone or send a letter to our address: Gourmet Society, Birkby Grange, Birkby Hall Road, Huddersfield, HD2 2XB. You are requested to return your Gourmet Society membership card within 14 days of cancellation of your initial membership.1 If you cancel your initial membership within the cooling-off period, you will be entitled to a refund of your membership fee within 14 days from the day after you cancel. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the cooling-off period has expired.
b. Renewed membership: If you do not wish to renew your membership you should telephone us on 0800 043 1978 or email us on email@example.com, to obtain a cancellation reference, but at least 15 days before your current membership term ends. You must retain the cancellation reference as proof of cancellation. No refunds can be issued for any remaining membership term after payment has been taken for renewed memberships.
- Lost membership cards: We will assume that you have received your membership card within 30 days of completing your registration. If you do not receive your membership card within 30 days you must inform us. If you report your membership card as lost after 30 days you will be liable to pay for a replacement membership card for which an administration cost of £9.99 will be charged.
- Limitation of Liability: SL will not be liable for: (a) any economic losses (including loss of revenues, profits, contracts, anticipated savings, data or wasted expenditure; (b) any loss of goodwill or reputation; (c) any other indirect or consequential loss; and (d) any restaurant or third party provider that refuses to honour the advertised promotion or discount. Nothing in this clause in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything that may not legally be excluded or limited. Subject to the preceding sentence, SL’s liability shall be limited to the amount of fees payable by you in the last 12 months under the Agreement.
- Changes and removal of third party suppliers: On occasions we will remove or amend offers or promotions provided by restaurants and other third party providers from Gourmet Society. We endeavour to replace them with similar establishments but we shall have no liability for any such withdrawals or changes in terms or availability.
- Waiver: If we fail, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 7 above.
- Severability: If any of this Agreement or any provisions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement: This Agreement and any document expressly referred to here constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations and previous arrangement, if any, between us. We each acknowledge that, in entering into this Agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
- Our right to amend our Terms: We have the right to revise and amend these Terms and our policies from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the Terms and policies in force at the time that you order from us, unless any change to these Terms or policies is required to be made by law or governmental authority, in which case clause 16 (severability) shall apply. We will notify you of any changes to the Terms, in which case we have the right to assume that you have accepted the changes to the Terms, unless you notify us to the contrary within 14 days after our notification.
- Law and jurisdiction: This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.
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