Terms & Conditions - Friends of Old Town Card scheme
These terms and conditions are for the purchase, use of and participation in the Old Town Business Association Discount Card Scheme. Please read them carefully as they contain important information.
By signing up to the Discount Card scheme you are confirming that you have read and agree to abide by these Terms. These Terms will always be readily available on the Old Town Business Association Website.
Old Town Business Association is an Limited Company whose correspondence address is c/o Deacons Jewellers, 11-15, Wood St, Swindon, SN1 4AN.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Terms”means these Terms and Conditions
"Fees" means the annual fee payable for business membership or the Discount Card
“Offer” means the discount or special offer advertised by the individual Retailer
“OTBA”means Old Town Business Association. (Also includes employees, agents, representatives, and 3rd party suppliers)
“Retailer”means a restaurant, store or other provider of goods and/or services who is registered to accept a Discount Card
“Writing” includes electronic mail and comparable means of communication.
“Website”means https://www.thisisoldtown.com/
“You/Your”means a recipient of a Discount Card (who shall be a person recognised as a Friend of Old Town through the application process).
For Discount Card Holders
General
Discount Cards can only be purchased on the OTBA website.
In order to purchase a Discount Card, you must provide your name and contact details. See clause 14 for details of how this information will be used.
A Discount Card can only be registered in the name of an individual who is over the age of 18 at the time of registration and is not transferrable. Only one Discount Card can be registered per individual.
The Discount Card will be valid for 12 months from the date of purchase.
OTBA will aim to send your personalised Discount Card to you by post or electronic mail within 14 days of receiving your application.
Once you have received your Discount Card you signify your agreement to be bound by these Terms by using your Discount Card.
OTBA will use reasonable endeavours to maintain a list of those Retailers participating in the discount scheme on the OTBA website but OTBA does not warrant that any Retailer remains a participant or will accept a Discount Card.
If you need to change any of the details you have registered with your Discount Card, use the login link supplied in your purchase confirmation email. Please note that it is your responsibility to notify us of any changes to your details.
Right to Cancel
You have the right to cancel your Discount Card without giving any reason within 14 days of the date you received the Discount Card (provided you have not made a purchase using the Discount Card). You will be responsible for the cost of returning the Discount Card to OTBA, if it requests it.
To cancel your Discount Card under the above paragraph, please use the login link provided in your purchase confirmation email. Once confirmed, OTBA will refund you within 30 days, using the same payment method you used to pay for the Discount Card.
You can cancel your Discount Card at any time after 14 days by using the login link in your purchase confirmation email, however you will not be entitled to a refund.
Using Your Discount Card
Subject to these Terms, on presentation of your Discount Card, participating Retailers will apply the offer, as advertised, to your personal purchase. Retailers reserve the right to refuse the Discount Card and the application of any offer to some or all of their goods and/or services at their absolute discretion.
Please check the terms and conditions of the particular offer you are interested in before making a purchase.
Where a Retailer requires you to pre-book (e.g. hairdresser, restaurant) you should state at the time of booking that you intend to use the Discount Card.
At a Retailer where you pay for goods after use (e.g. hairdresser, restaurant), with or without pre-booking, you should inform the Retailer that you intend to use the Discount card prior to the receipt of relevant goods/services.
In all other circumstances you must inform the Retailer that you have a Discount Card immediately prior to the point of purchase (e.g. at the till).
The use of your Discount Card may not be available in conjunction with any other offers participating Retailers might be running.
Your Discount Card is strictly non-transferable and so cannot be used by either friends or family members or other third parties. Participating Retailers may ask you to show photo identification such as a driving licence or passport to confirm that you are the Discount Card holder or are permitted by law to make any acquisition. Any attempted misuse of the Discount Card will result in cancellation of the card.
Participating Retailers are entitled to withdraw their offer or change the terms and conditions of their offer from time to time. OTBA shall have no liability for any such withdrawals or changes in their terms and conditions.
Loss, Theft or Damage
You should immediately report any loss, theft, fraudulent or unauthorised use of your Discount Card by contacting info@thisisoldtown.com
In the event of loss, theft, fraud or other unauthorised use of your Discount Card, or if your Discount Card is damaged or malfunctions, OTBA may, at its sole discretion, replace your Discount Card. OTBA cannot be liable for the misuse, loss or damage of your Discount Card.
When it is authorised, OTBA will post, or electronically send out a replacement Discount Card directly to your registered address.
For Retailers
Creating the Offers
All Retailers are requested to advise OTBA of any offers they wish to be advertised on the website using the relevant webform. Two weeks’ notice should be given for any new offers or changes to existing offers.
A specific Offer can be withdrawn at any time by giving 48 hours’ notice to info@thisisoldtown.com.
Data Requests
OTBA reserves the right to request that participating Retailers collect and share data on Discount Card usage on a month basis.
Ending Participation in the Scheme
Retailers may cancel their participation in the Discount Card Scheme at any time by giving two weeks written notice to OTBA. Cancellation of participation in the schemes does not entitle Retailers to a refund of their Membership Fee.
For Discount Card Holders and Retailers
Fees and Payment
Fees for both Retailers and Discount Card Holders will be taken by card payment via PayPal on the OTBA website and membership will run for 12 months from the date of payment.
After 12 months, membership will be automatically renewed, and Fees taken from the credit or debit card details supplied with the original purchase.
If you do not wish to renew your membership, please be sure to cancel your membership using the login link in your original purchase confirmation email before the expiry of your current membership period.
Should any automatic renewal payment fail for any reason, OTBA will make a second attempt at collection. Should that second attempt fail, Discount Card holders accounts will eb closed and Retailers offers will be removed from the website.
Complaints Procedure
OTBA aim to deal with all complaints as effectively and fairly as possible. If you wish to make a complaint regarding any element of the Discount Card Scheme please contact us by email at info@thissioldtown.com
Complaints about specific offers should be directed to the Retailer responsible for that offer.
Termination
OTBA reserves the right, at any time and without notice, to:
amend or waive any provision of these Terms from time to time; and/or
terminate the Discount Card Scheme; and/or
decline to issue Discount Cards; and/or
decline to accept an application from a Retailer for membership: and/or
on reasonable grounds, withdraw or cancel Discount Cards or Retailer Membership, where reasonable grounds shall include (but not be limited to):
any abuse or attempted abuse of the scheme; and/or
any use or attempted use of a Discount Card in a manner which is contrary to these Terms; and/or
any reasonable suspicion of dishonesty OTBA may have on your part in connection with the Discount Card Scheme.
Our Liability
OTBA will not be responsible for any indirect losses, consequential, exemplary, special or punitive damages, lost opportunities, loss of profits, anticipated profits, actual or anticipated savings.
OTBA does not limit its liability at law for fraudulent misrepresentation or for death or personal injury caused by negligence or any other type of liability which cannot by law be excluded or limited.
Where you make a purchase using your Discount Card from any participating Retailer, any losses or liability arising out of or in connection with such purchases shall be the relevant participating Retailer’s liability. OTBA does not accept liability for unsatisfactory experiences or any failure by the participating Retailers to deliver expected goods or services or the quality thereof.
OTBA will not be under any obligation to become involved in any dispute between you and any participating Retailer. Any complaints should be taken up with the participating Retailer.
OTBA does not give any warranty for any goods or services purchased with use of the Discount Card.
This indemnification will survive the termination of this Contract.
Events Outside of Our Control (Force Majeure)
OTBA shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond its control, and OTBA shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as OTBA consider unreasonable, it may, without liability on its part, terminate this agreement.
Data Protection
‘Data Protection Legislation’ refers to The Data Protection Act 2018 and any secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time.
All personal information that OTBA may collect (including, but not limited to, Your name, postal address, email address and telephone number) will be collected, used and held in accordance with the provisions of Data Protection Legislation as defined above.
How OTBA collect, use, and store personal information is set out in its privacy policy.
Other Important Terms
OTBA reserves the right to amend these terms and conditions at any time by publishing a notice on its Website to that effect.
These terms and conditions constitute the whole agreement between OTBA, Retailers and You and supersede all previous discussion, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.
Each of the parties agrees that it has not entered into these terms and conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions.
If any part of this contract is found to be void or un-enforceable by any Court of competent jurisdiction, such part shall be severed from this contract, which will otherwise remain in full force and effect.
The failure by OTBA at any time or for any period to enforce any one or more of these Terms and Conditions shall not be a waiver of them or a waiver of the right to enforce such Terms and Conditions on a future occasion.
You may not assign this contract or any rights or obligations under it without our prior written consent.
A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
Governing Law and Jurisdiction
This Contract shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.