NGIN Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING
NGIN Terms and Conditions of Membership
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply NGIN cards, and you become a member of the NGIN card club (club), Further details regarding NGIN cards and the club can be found on our website www.nginlondon.com (our site). Please read these terms and conditions carefully and make sure that you understand them, before ordering an NGIN card from our site and becoming a member of the club. You should understand that by ordering an NGIN card, you are confirming that you have read the terms and accepted that they apply to the contract.
1.2 We will email a copy of these terms and conditions to you but you should print a copy of these terms and conditions for future reference.
1.3 Please click the “Buy Now” button on the NGIN card registration page on our site if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order an NGIN card from our site, nor become a member of the club.
1.4 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered an NGIN card from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
2. Information about us
2.1 We operate our site. We are the Next Generation Insurance Network Limited, a company registered in England and Wales under company number 9522993 and with our registered office at Apartment 5, 136 Bermondsey Street, London, SE1 3TX. Our main trading address is Apartment 5, 136 Bermondsey Street, London, SE1 3TX.
3. Your status
3.1 By placing an order for an NGIN card through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
4. How the contract between you and us is formed
4.1 After placing an order for an NGIN card, you will receive an e-mail from Paypal acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to become a member of the club. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that an NGIN card has been dispatched. The contract between us will only be formed when we send you a dispatch confirmation for a membership card. Up until that point there will be no contract in place between you and us, which means neither you nor we will have any rights or obligations towards the other (i.e. these terms and conditions will not apply to your order until we accept your contract by despatching the membership card.
5.1 Your NGIN card will expire at midnight on the 31 December of the year that you purchased the NGIN card.
6. Consumer rights
6.1 You have the right to cancel your initial registration of membership with us within 14 days of your original purchase (the cooling off period).
6.2 To cancel your membership, please email us at firstname.lastname@example.org. Upon cancellation you will receive a confirmation email; it is recommended that this is kept for your own personal records.
6.3 If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership. Refunds will be subject to the return of your NGIN card and you will also be responsible for the cost of returning your NGIN card. Subject to any other legal rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
7. Availability and delivery
7.1 You will receive your NGIN card and membership documentation within 30 days of our confirmation of your acceptance as a member of the club, unless there are exceptional circumstances.
7.2 Once your order has been accepted we aim to dispatch your Welcome Pack within 4 working days. If you do not receive your Welcome Pack you must contact us within 30 days to request a replacement. If you do not contact us within the 30 days any replacement card that is issued will carry a £15.00 administration fee and be issued with the original year of issue.
8. Price and payment
8.1 The price of membership of the club will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Prices include VAT.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
8.4 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
9. Use of your NGIN Card
9.1 Your NGIN Card allows you to benefit from discounts on certain products and services. The discounts available to you and the organisations providing such benefits are not fixed and may vary or be withdrawn at any time.
9.2 Participating businesses may exclude Fridays, Saturdays, all of December and bank holidays. Please check our site for further details. Mothers' Day, Fathers' Day and Valentines' Day are automatically excluded from the offer. Please refer to individual business pages as other exclusions may apply.
9.3 If a participating business has a telephone icon listed on its page on our site or in the restaurant directory, advance bookings must be made and the NGIN card must be mentioned.
9.4 Offers advertised on our site are only available to members who present an NGIN card. Such offers are not available in conjunction with any other offers that participating businesses may be running, which may include set menus or any other menus other than the standard a la carte menu.
9.5 The expiry date of each NGIN Card will vary and will always be checked by each organisation. Expired NGIN Cards are not accepted by participating businesses. NGIN Cards and memberships are strictly non-transferable and can only be used by named members and their dining partners, up to the limited specified by participating restaurants on our site. Any attempted misuse of NGIN Cards may result in confiscation.
9.6 We will use reasonable endeavours to update our site to show the particulars of participating businesses and the terms of their availability for participation in the club. Participating organisations may, however, be entitled to withdraw from the club or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
9.7 Members will have the benefit of any additional businesses which join the club at a later date and any increase in availability of participating businesses.
9.8 Our website is intended as a guide of businesses who are participating at the time of publication and, therefore, may not include all participating businesses at any one time.
10. Our liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable for the membership fee.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits; or
10.2.4 loss of anticipated savings.
10.3 Nothing in this agreement excludes or limits our liability for:
10.3.1 death or personal injury caused by our negligence or any acts or omissions by us;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the obligations implied by the Consumer Rights Act 2015; or
10.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 You are also entitled to certain legal remedies in respect of defective or non-confirming goods under this contract. For more information on your legal rights and remedies, you should contact Citizens Advice.
10.5 Where you purchase products or services from any participating business, any losses or liability arising out of, or in connection with, such products or services shall be the relevant participating business’ liability. We accept no liability for any bad experiences or bad food at any of the participating businesses. We will not become involved in any dispute between you and any business.
10.6 We do not give any warranty for any products or services accessed through, or displayed on, our site.
11. Written communication
11.1 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 will contact you by e-mail or provide you with information by posting notices on our website. 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 legal rights.
12.1 All notices given by you to us must be given to . We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 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.
13.1 We may not always strictly or immediately enforce out legal rights against you but, unless we write to you and tell you that we have formally waived our right to do so (and this letter is signed by one of our directors), we will still be able to enforce any of our rights. Further, we will still be able to enforce our other rights against you where we waive a particular right.
14.1 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, they will not apply to our contract with you but all other terms will still apply.
15. Third party rights
15.1 Only we and you have rights under this contract. This means that no other person can enforce the terms of this contract or rely on the rights under it.
16. Entire agreement
16.1 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. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
17.1 The contract between you and us is personal to you, and you cannot transfer your rights and obligations under the contract to any other person without our express permission. There may be circumstances where we need to transfer our rights and obligations under the contract to a third party though (e.g. where we sell part of our business) and we may need to employ third parties to assist us in honouring the contract with you.
18. Law and jurisdiction
18.1 This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.
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