1. AVAILABILITY
1.1 Completion of your application form for participation in the Business Participation programme (the “Business Participation Programme”) constitutes an offer by you to adhere to these terms and conditions, which will become a legally binding agreement when we confirm our acceptance. All references below to ‘participation’ are to participation in the Business Participation Programme.
1.2 We reserve the right to refuse to accept any application for participation for any reason.
1.3 If we accept your application, your participation in the Business Participation Programme will start on the date agreed in writing or the date payment is received, and the entire contract constituting your participation contract with us shall comprise: (i) these Participating Business Terms and Conditions; (ii) the Participating Business Rules (if any); and (iii) the Website and App Terms of Use and Privacy Policy set out at www.codehospitality.co.uk (together, the “Agreement”). The terms of this Agreement supersede all previous communications, contracts, proposals or terms between us. In the event of any conflict or inconsistency between any of the terms in the Agreement, the order of priority for interpretation shall be the order given in this paragraph.
1.4 You hereby consent to the processing of any personal data (such as contact details) listed in the form overleaf (and in case of any individuals who are employed or engaged by you who are listed as contacts, you have obtained their prior consent for such processing by us) and we may process such personal data for the purpose of managing your participation in the Business Participation Programme in accordance with this Agreement. We may use third parties to assist in the provision and fulfilment of any part of the subscription service on our behalf. We may pass your personal information provided by you to such third parties but only for the purposes of providing the Business Participation Programme for you.
2. PAYMENT
2.1 You agree to pay the participation fees at the rates in effect when the charges are incurred. You must provide us or our payment agents with complete and accurate invoice details.
2.2 You can pay for your participation by BACS or credit or debit card as a single payment for the full contract period (12 months unless stated otherwise) or by monthly recurring card payments. We do not accept Amex or Diner’s Club.
2.3 Payment must be received within 30 days of our receiving your application for participation or within 30 days of renewal of any existing participation in the Business Participation Programme.
2.4 If payment is not received within 60 days of the invoice date, your participation in the Business Participation Programme will be frozen until full payment is received.
2.5 We will not store or process your card details which will be handled by our payments agents. Any personal data we hold will be handled in accordance with our Privacy Policy, available here.
3. PARTICIPATION
3.1 You hereby warrant, represent and undertake that you have authority to enter into this Agreement.
3.2 We reserve the right to withdraw or change any participation fee or change these terms and conditions at any time, without prior notice. This will not affect any participation that you have already paid for.
3.3 The changes will apply to your participation from your next renewal date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue your participation as such will indicate your agreement to be bound by the new terms and conditions.
4. RENEWALS
4.1 One month before your participation expires we will contact you by post or email to let you know that it is coming to an end.
4.2 If we change the participation fee we will inform you of this in writing, giving you opportunity to cancel should you so choose.
4.3 Unless you notify us in writing at least 60 days before the end of your participation period that you no longer wish to receive it, your participation will be renewed for another year (or such alternative period as stated in the Specification Sheet) at the new price, if applicable.
5. CANCELLATION AND REFUNDS
5.1 You may cancel your participation by giving written notice within 7 working days after receipt of confirmation of your participation. No refunds will be made for cancellations after such 7 working day period, unless we are in breach of these terms and conditions.
5.2 We may cancel your participation immediately if you are in breach of these terms and conditions, including if we do not receive a payment when due from you.
5.3 If you purport to cancel your participation otherwise than in accordance with 5.1 above, or we cancel in accordance with 5.2 above, you will remain liable to pay in full any part of the participation fee that is unpaid plus a £75 administration fee.
6. OUR RESPONSIBILITY TO YOU
6.1 We will not be responsible for any failure by us to perform our obligations to you in relation to your participation where this failure is caused by circumstances beyond our control. You acknowledge and accept that you are solely responsible for the information on any benefits you may publicise, make available or post on the CODE app.
6.2 Subject to 6.3, our liability to you in connection with this Agreement and your participation (whether under contract, negligence or other tort or other breach of duty) will not exceed the total participation fee charged for your current participation in the Business Participation Programme. In no event shall we be liable for any loss of profits, loss of business opportunity, loss of data or loss of reputation or for any indirect, consequential or special loss, damage, liability, cost or expense.
6.3 Nothing in these terms and conditions affects any your statutory rights if you are a consumer, or any liability that may not be lawfully excluded or limited.
7. INDUSTRY OFFERS
7.1 You will provide details of all industry offers, which you wish to include on the CODE app. These offers will be included on the CODE app throughout your participation. You will have the right to edit, update or delete details of any offer, at any time, during your participation. Any changes, will take up to 5 working days to come into effect on the CODE app.
7.2 We reserve the right to refuse to include any industry offer provided, for any reason.
7.3 All offers are provided at your sole discretion. You will reserve the right to refuse to grant any industry offer to any person, at any time, for any reason. All offers will be provided, subject to any terms and conditions you deem necessary.
8. CUSTOMER SERVICES If you have a query about our service, please contact us using any of the contact details below: Telephone – +44 (0) 207 104 5587 / +44 (0) 207 104 2057 Email – [email protected] Post – CODE Hospitality Ltd, 3rd floor, 10 Rose & Crown Yard, King Street, London, SW1Y 6RE.
9. GENERAL
9.1 For the purposes of these terms and conditions, written notice includes emails to the email address you have given or to the email address of our Customer Services given above.
9.2 These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
9.3 No party who is not a party to this Agreement may enforce any term of this Agreement.
9.4 No right or other provision in this Agreement shall be waived unless expressly stated to be a waiver and made in writing.
9.5 Your participation and this Agreement is personal to you. You may not assign, novate or otherwise transfer or purpose to assign, novate or otherwise transfer your participation or this Agreement to another person. We may cancel your participation and this Agreement if we become aware of any breach of this provision.
9.6 You agree that no joint venture, partnership, employment or agency relationship exists between you and us. If any part of this Agreement is found to be invalid or enforceable, then the invalid or unenforceable provision shall be struck out and will be deemed supersede by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
9.7 CODE Hospitality Ltd: Registered Office: 3rd floor, 10 Rose & Crown Yard, King Street, London, SW1Y 6RE. Registered in England & Wales No. 07950029. VAT Registration Number: GB 341 8677 79.