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hi-life terms and conditions of membership

Please make a special note of point 5 - Term

5.1 The club is an on-going subscription service so your membership is continuous and your membership will automatically renew at the end of each membership period. If you are a member issued with an annual hi-life membership and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription. Your renewal date is the expiry date shown on your hi-life membership card. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal). If you do not want to renew your membership you should contact us by telephone on 0800 222 9207 at any point within your membership period and no later than 5pm on the working day preceding the expiry date of your current hi-life membership. The automatic renewal does not apply to gift purchases.

1.    Introduction
1.1    This page (together with the documents referred to on it) tells you the terms and conditions on which we supply hi-life memberships, and you become a member of the hi-life club (club). Further details regarding hi-life memberships and the club can be found on our website www.hi-life.co.uk (our site). Please read these terms and conditions carefully and make sure that you understand them, before ordering a hi-life membership from our site and becoming a member of the club. You should understand that by ordering a hi-life membership, you agree to be bound by these terms and conditions.
1.2    You should print a copy of these terms and conditions for future reference.
1.3    Please click on the button marked "Click here to confirm you have read and agree to our terms and conditions and that you consent to us processing your data in accordance with our privacy policy" on the hi-life 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 a hi-life membership 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 a hi-life membership 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).
1.5    Purpose of the processing and the legal basis for the processing
In order for The Dining Club Group (DCG) to fulfil its contractual and customer obligations, there is a requirement to collect specific personally identifiable information relating to our customers. There are a couple of legal bases for the processing of such personally identifiable information; primarily personal information is processed on the basis of consent. We retain evidence of the details of consent which has been provided by our customers in order to process their information. Where consent cannot be obtained for various reasons, we may legally process the information you provide to us because we have a legitimate interest in doing so, e.g. Direct Marketing or on a lawful basis, e.g. for employment requirements.
1.6    Legitimate interests of the Dining Club Group (DCG) or third party
The Dining Club Group (DCG) have a legitimate interest in further processing the information which is provided by customers at the point of sale for marketing purposes.
We may also use your information for other specific legitimate purposes such as:
-    To ensure that content from our site is presented in the most effective manner for you and for your computer.
-    To provide you with information, products or services that you request from us or which we feel may interest you, where you have either explicitly consented to or we believe you have a legitimate interest in.
-    To carry out our obligations arising from any contracts entered into between you and us.
-    To allow you to participate in interactive features of our service, when you choose to do so.
-    To notify you about changes to our service.
We may also use your data, or permit selected third parties, such as but not limited to; participating restaurants or Livebookings Holdings Limited trading as Bookatable to use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.

2.    Information about us
2.1    We operate our site. We are hi-life Diners’ Club Ltd, a company registered in England and Wales under company number 03940640 and with our registered office at Unit 9 The Pavilions, Avroe Crescent, Blackpool, FY4 2DP. Our main trading address is Unit 9 The Pavilions, Avroe Crescent, Blackpool, FY4 2DP. Our VAT number is 732 5194 41.

3.    Your status
3.1    By placing an order for a hi-life membership 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 a hi-life membership, 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 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 a hi-life membership has been created, and that payment has been accepted. The contract between us will only be formed when we send you confirmation of acceptance of payment for your membership.

5.    Term
5.1    The club is an on-going subscription service so your membership is continuous and your membership is renewed automatically at the end of each membership period. If you are a member issued with an annual Hi-life membership and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription. Your renewal date is the expiry date shown on your Hi-life membership card. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal). If you do not want to renew your membership you should contact us by telephone on 0800 222 9207 at any point within your membership period and no later than 5pm on the working day preceding the expiry date of your current Hi-life membership. The automatic renewal does not apply to gift purchases or free trial memberships.
5.2    Your Hi-life+ membership will expire on the same date as your full Hi-life membership. If you upgraded to Hi-life+ after your Hi-life membership has already begun, your Hi-life+ membership will still expire on the same date as your full Hi-life membership. You have the right to cancel your Hi-life+ membership within 14 days from your original purchase providing the service has not been used. Your Hi-life+ membership will automatically be renewed at the same time as your Hi-life membership, this will be subject to the same cancellation period as your Hi-life membership. Please refer to your renewal reminder email for full details of your membership renewal date and price. If you cancel your Hi-life membership in accordance with the cancellation policy described in our membership terms and conditions, your membership and access to 
Hi-life+ will be terminated also.
5.3    If you have upgraded to Hi-life+ monthly membership, this service will renew each month on the date shown in your confirmation email. You have the right to cancel your Hi-life+ monthly membership within 14 days from your original purchase providing the service has not been used. Should you wish to cancel your monthly Hi-life+ service you should call us on 0800 222 9207 no later than 5pm on the working day preceding your Hi-life+ renewal date. Please note that renewal reminder emails will not be issued for your monthly Hi-life+ service

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. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period. Specific cancellation policies will be detailed throughout the purchase process.
6.2    To cancel your membership, please call us on 0800 222 9207 Monday to Friday 9.00am to 5.00pm. 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, less a pro-rata charge for the period of cover. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
6.4    All calls may be recorded for training purposes. Should you wish to have a transcript of your call provided to you then we would be able to accommodate this request. There will be a standard administration charge of £5.00 plus an additional cost of £1.00 per minute of the call length. Any request must be made in writing stating the date and approximate time of the call and the telephone number from which the call was made. We will also require payment to be taken and cleared before dealing with the request. Once payment has been received we will endeavour to provide the transcript within 14 working days.

7.    Price and payment
7.1    The price of membership of the club will be as quoted on our site from time to time, except in cases of obvious error.
7.2    Prices include VAT.
7.3    Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
7.4    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.

8.    Participating restaurants and use of your hi-life Membership
8.1    On presentation of your hi-life membership, participating restaurants will offer 20% off your total bill (applying to everyone dining in the group; although, the relevant restaurant may place a limit on the maximum number of people per booking (please check our site for details).  Restaurants in Scotland may place restrictions on discounting alcohol.
8.2    Participating restaurants may exclude celebration days and bank holidays only. Please check our site for further details with possible exclusions including but not limited to Mothers' Day, Fathers' Day and Valentine’s Day. Please refer to individual restaurant pages as other exclusions may apply.
8.3    Offers advertised on our site are only available to members who present a hi-life membership. Such offers are not available in conjunction with any other offers that participating restaurants may be running, which may include set menus or any other menus other than the standard a la carte menu.
8.4    The expiry date of each hi-life membership will vary and will always be checked at each restaurant. Expired hi-life memberships are not accepted by participating restaurants. hi-life 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 hi-life memberships may result in confiscation.
8.5    We will use reasonable endeavours to update our site to show the particulars of participating restaurants and the terms of their availability for participation in the club. Participating restaurants 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.
8.6    Members will have the benefit of any additional restaurants which join the club at a later date and any increase in availability of participating restaurants.
8.7    Any printed marketing material is intended as a guide of restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants at any one time.

9.    Our liability
9.1    Subject to clause 9.3, if we fail to comply with these terms and conditions, we shall only be liable for the membership fee.
9.2    Subject to clause 9.3, 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:
9.2.1    loss of income or revenue;
9.2.2    loss of business;
9.2.3    loss of profits; or
9.2.4    loss of anticipated savings.
9.3    Nothing in this agreement excludes or limits our liability for:
9.3.1    death or personal injury caused by our negligence;
9.3.2    fraud or fraudulent misrepresentation;
9.3.3    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; or
9.3.4    any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
9.3.5    Where you purchase food from any participating restaurant, any losses or liability arising out of, or in connection with, such food shall be the relevant participating restaurant's liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants. We will not become involved in any dispute between you and any restaurant.
9.3.6    We do not give any warranty for any goods or services accessed through, or displayed on, our site.

10.    Written communication
10.1     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.    Notices
11.1     All notices given by you to us must be given to The Operations Director at info@hi-life.co.uk. 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.

12.    Waiver
12.1     Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.

13.    Severability
13.1     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, 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.

14.    Third party rights
14.1     A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.

15.     Entire agreement
15.1     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.

16.    Law and jurisdiction
16.1    This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.