Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which govern your use of the Hi-Life Diners Club (“Service”), the Service being as described on our website www.hi-life.co.uk and within this application. Please read these terms and conditions carefully and make sure that you understand them, before requesting access to the Service. You should understand that by requesting the Service, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
Our general website terms and conditions also apply to your use of this application, these can be found here.
1. INFORMATION ABOUT US
1.1 We operate the website www.hi-life.co.uk and this application. We are Hi-Life Diners Club Limited, a company registered in England under company number 03940640. Our registered office at Hi-Life Diners Club - Unit 9 The Pavillions - Avroe Crescent - Blackpool - FY4 2DP - UK. Our VAT number is 73251944.
2. YOUR STATUS
By placing an order through our application, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us 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 become a member of the Service. All orders are subject to our acceptance and we will confirm our acceptance by sending you an e-mail that confirms that your request for membership has been accepted and that your membership card and restaurant directory have been dispatched to you (“Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Confirmation.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, then providing you haven’t already started to use the Service, you may cancel the Contract at any time within 7 working days beginning on the day after the Contract was concluded. In this case, you will receive a full refund of your money in accordance with our refunds policy (set out in clause 7 below).
4.2 You will not have any right to cancel the Contract if you start to use the Service before the end of the stated cancellation period.
4.3 To cancel a Contract, you must inform us in writing. You must also return your membership card and restaurant directory if provided as soon as reasonably practicable, and at your own cost.
4.4 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights.
5. AVAILABILITY AND DELIVERY
Subject to membership type selected you will receive your membership card and restaurant directory by the delivery date set out in the Confirmation or, if no delivery date is specified, within 30 days of the date of the Confirmation, unless there are exceptional circumstances.
6. PRICE AND PAYMENT
6.1 The price of membership of the Service will be as quoted on our site from time to time, except in cases of obvious error.
6.2 Our prices are stated inclusive of VAT.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Confirmation.
7. OUR REFUNDS POLICY
7.1 If you have cancelled the Contract between us within the 7-day cooling-off period (see clause 4.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund in full the price you paid for your membership and any applicable delivery charges in relation to your membership card and restaurant directory. However, you will be responsible for the cost of returning the membership card and restaurant directory to us.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for your membership.
We warrant to you that the Service purchased from us through our application will conform in all material respects with its description as set out in our application and on our website.
9. OUR LIABILITY
(a)The content in this application is provided without warranty
(b)Content within this application is not in any way sponsored or associated to Apple or its Affiliates.
(c)HI-life are in no way associated or affiliated with Apple or its Affiliates.
9.1 Subject to clause 9.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the membership fee you paid in order to access the Service.
9.2 Subject to clause 9.3, we will not be liable for:
(a) losses of anticipated savings that result from our failure to comply with these terms and conditions; or
(b) any defects in the services provided to you by any participating restaurant whose services you have engaged via your membership, the liability for which shall at all times remain with the restaurant in question.
9.3 Nothing in these terms and conditions excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10. PARTICIPATING RESTAURANTS
10.1 The full details for each participating restaurant and the offer available are listed on our site.
10.2 You will have access to a large number of restaurants via the Service and it is always possible that, despite our best efforts, some of the restaurants listed on our site or in the restaurant directory may no longer be participating in the Service or may have changed the nature of their offering.
10.3 The discount offers available are only redeemable at currently participating restaurants and you will only be able to access the discounts and savings available from a participating restaurant by presenting your valid Hi-Life Membership Card at the participating restaurant.
10.4 Failure to adhere to the conditions of a participating restaurants offer may render the offer invalid.
10.5 Whilst the standard offering of most participating restaurants is two meals for the price of one, there are exceptions. For example, Prezzo, Pizza Hut and ASK, the two for one offer relates only to main courses. You should therefore check our site for details of the offers available at participating restaurants and confirm details with the participating restaurant prior to booking.
10.6 Most participating restaurants will permit use of up to 2 Hi-Life Membership Cards per party. The use of more or less than 2 Hi-Life Membership Cards is at the participating restaurant’s discretion and you should confirm this with the participating restaurant prior to booking.
10.7 Many of the offers of our participating restaurants will not be available during the Christmas period, New Year’s Day, Bank Holidays, Valentine’s Day, Mothers’ Day, Fathers’ Day and other celebratory and promotional occasions. You should confirm this with the participating restaurant prior to booking.
10.8 Unless otherwise stated, offers available via the Service are not available in conjunction with any other special offers or discounts which a participating restaurant may be running.
10.9 The offers of most participating restaurants apply only to their standard a la carte menus and will not necessarily extend to their early bird or other special menus. You should confirm this with the participating restaurant prior to booking and with your server prior to ordering food.
10.10 Please ensure that you follow the terms of a participating restaurants offer at all times. In particular please ensure that you make a telephone reservation in advance of arriving at the participating restaurant and mention your membership of the Hi-Life Diners Club prior to making your reservation. This will enable the participating restaurant to advise you of any recent changes to their offering which might not be apparent from our site.
10.11 In the unlikely event of any problems using the Hi-Life Diners Membership Card please contact us on the number detailed at paragraph 11 below as soon as possible.
11. WRITTEN COMMUNICATIONS AND NOTICES
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 statutory rights.
11.2 All notices given by you to us must be given to Hi-Life Diners Club Limited at firstname.lastname@example.org. 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 10 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.
11.3 If you have any queries regarding the Service you may also contact us on 0871 310 8432 between the hours of 9 and 5 Monday to Friday.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government;
(g) pandemic or epidemic;
(h) any of the events detailed at sub-clauses (a) to (g) above happening to any of our participating restaurants.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. MISCELLANEOUS MATTERS
13.1 If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
13.2 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 any Contract.
13.3 We each acknowledge that, in entering into a Contract, 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, our site or the documents referred to in them.
13.4 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
13.5 Nothing in this clause limits or excludes any liability for fraud.
13.6 Contracts for the purchase of the Service through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
13.7 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.