Fri, 26th May 2017
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Terms & Conditions - App

1. AVAILABILITY

1.1 A CODE ID USER ("CODE ID User") has access to industry offers and other benefits listed on The CODE app.

1.2 Completion of your registration form to become a CODE ID User constitutes an offer by you to adhere to these terms and conditions, which will become a legally binding agreement when we confirm our acceptance.

1.3 We reserve the right to refuse to accept any application to become a CODE ID User for any reason. You can only become a CODE ID User if you work in the hospitality industry. In this Agreement, this expression means: the hotel sector, the restaurant sector, the public house, bar and nightclub sector (the "Hospitality Industry"). If you cease to work in the Hospitality Industry, you must as a condition of this agreement, notify us promptly in writing and you can no longer be a CODE ID User.

1.4 To become a CODE ID User, you will need to subscribe to the app through the App Store (Apple, iTunes) or Google Play. The £11.99 annual fee includes a 30 day free trial, after which the fee will be debited from your account. Your subscriptions will automatically renew each year unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged £11.99 for the annual renewal within 24-hours prior to the end of the current period. You may manage your subscriptions and auto-renewal preferences in your App Store or Google Play account settings. Refunds can be applied for through your respective app store but not through CODE.

1.5 Subscriptions are non transferrable and cannot be transferred from one platform to another (ie from the App Store to Google Play). CODE accepts no liability for a double charge being incurred in the circumstance that you change your device and require a new subscription. CODE reserves the right to cancel your subscription and remove your access to the app within the duration of your subscription.


1.6 If we accept your application, you will become a CODE ID User and the entire contract constituting your contract with us shall comprise: (i) these CODE ID User Terms and Conditions; (ii) the CODE ID User registration form; and (iii) the Website and App Terms of Use and Privacy Policy set out on 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.

1.7 You hereby consent to our processing of the personal data listed in the CODE ID User application form and any further personal data we may receive from time to time for the purpose of making you aware of the various benefits we offer to CODE ID Users. You agree that we may contact your employer to confirm that you work in the Hospitality Industry. You also agree that we may use third parties to assist in the provision of our services on our behalf and you agree that we may pass your personal data to such third parties for the aforementioned purpose.

1.8 You hereby warrant, undertake and represent that you are 18 years of age or older. You agree that you shall at all times comply with the terms of the Agreement.

1.9 We reserve the right to change these terms and conditions at any time, without prior notice. If you do not wish to accept the new terms and conditions, please do not use the CODE Website or App.



2. OUR RESPONSIBILITY TO YOU

2.1 You acknowledge and accept that all benefits made available by participating businesses in the Hospitality Industry via our Website and App are provided at the sole discretion of the participating business and we have no liability with respect to such benefit. Please confirm the availability of such benefit directly with the relevant participating business.

2.2 We hereby disclaim all liability in connection with any benefits made available by participating employers via our aforementioned Website and App. Our total liability to you in connection with this Agreement and your use of the aforementioned Website and App (whether under contract, negligence or other tort or other breach of duty) will not in any event or circumstances exceed the greater of £10 or any sum that you may have paid to us in the preceding year. 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.

2.3 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.



3. CUSTOMER SERVICES

If you have a query about our service, please contact us using any of the contact details below:
Telephone – +44 (0) 207 451 2007 / +44 (0) 207 104 2065
Email – contact@codehospitality.co.uk
Post – Nexus CODE Limited, Greener House, 66-68 Haymarket, London SW1Y 4RF.



4. GENERAL

4.1 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 user services given above.

4.2 These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

4.3 No party who is not a party to this Agreement may enforce any term of this Agreement.

4.4 No right or other provision in this Agreement shall be waived unless expressly stated to be a waiver and made in writing.

4.5 This Agreement is personal to You. You may not assign, novate or otherwise transfer or purport to assign, novate or otherwise transfer your use of this Agreement to another person. We may cancel your use of the aforementioned Website and App and this Agreement if we become aware of any breach of this provision.

4.6 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 superseded 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.

4.7 Nexus CODE Limited: Registered Office: 5th Floor Greener House, 66 68 Haymarket, London SW1Y 4RF. Registered in England and Wales No. 07950029. VAT Registration Number: 629 547 604.