1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Nightscard, and you become a member of the Nightscard. Further details regarding the memberships and the club can be found on our website nightscard.com. Please read these terms and conditions carefully and make sure that you understand them, before ordering a membership from our site. You should understand that by ordering a 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.
1.4 Please understand that if you refuse to accept these terms and conditions you will not be able to order or activate your membership.
1.5 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 website. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a 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). You will be notified of any changes to these terms and conditions that may occur during your membership and you will be given the opportunity to decide whether to continue or terminating your membership.
1.6 Purpose of the processing and the legal basis for the processing
For us to fulfil our 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. If you sign up on our website or one of our landing pages, then personal information is processed on the basis that we have a legitimate interest in doing so. For marketing communications, if you are an existing member we use the legitimate interest legal basis to provide marketing communications. However, you will always have the option of unsubscribing from these emails. If you are a new customer, by agreeing to these terms and conditions you will also be opting into the communications.
We have a legitimate interest in further processing the information, which is provided by you at the point of sale, or general sign up in cases of free membership options, for marketing purposes. We may also use your information for other specific legitimate purposes such as:
We may also use your data, or permit selected third parties, such as but not limited to participating partner venues 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 email, post or telephone.
(2) Information about us
Our Memberships are operated by Nightscard who is owned and operated by Nights Lifestyle Marketing Limited, a company registered in England and Wales under company number 13473676 and with its registered office at Unit 60, 101 Clapham High Street, Clapham, London, SW4 7TB.
(3) Your status
3.1 By placing an order for a membership through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
3.2 We can only deal with the member about a membership so any contact with us regarding the membership should only be made by the member.
(4) How the contract between you and us is formed
The contract between us will only be formed when you accept the terms and conditions of the membership. This acceptance confirms you agree to go ahead with the service.
5.1 Please note your membership is continuous and is renewed automatically at the end of each membership period. If you are a member issued with an annual 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 digital membership card and your account section of our website and app. 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 (Nightscard: 020 3393 3657) at any point within your membership period and no later than 5pm on the working day preceding the expiry date of your current membership.
5.2 The automatic renewal does not apply to gift purchases or a free trial membership where you are not required to enter your payment details to redeem.
(6) Consumer rights
6.1 The 14-day cooling-off period starts the day after you agree to go ahead with the service. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period.
6.2 To cancel your membership, please call us on Nightscard: 020 3393 3657, Monday to Friday 9.00am to 5.00pm, or you cancancel online on your account page. 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. However, if we determine that your membership has been used at a partner venue(s) during the time your membership with us then no refund will be due for that billing period. 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 Calls may be recorded for training & quality purposes. Should you wish to have a copy of the call recording provided to you, assuming there is in fact a call recording and is available then we would be able to accommodate this as part of a Subject Access Request. Please contact [email protected] with the date and approximate time of the call and the telephone number from which the call was made. Once we receive the details we need, we will endeavour to provide the recording to you or notify you that no recording was made within 30 days.
(7) Price and payment
7.1 The price of the membership will be as quoted on our site from time to time, except in cases of obvious error.
7.2 Prices include VAT if applicable.
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 and on subsequent subscription renewals.
(8) Your membership and use at Participating venues
8.1 You will receive your membership information and access to your digital Nightscard membership card (for paid memberships) within 72 hours (usually instant) of your contract being formed (clause 4.0), unless there are exceptional circumstances.
8.2 Participating venues may exclude celebration days (including but not limited to Mothers’ Day, Fathers’ Day and Valentine’s Day) and bank holidays. Please check our site and also refer to individual venue pages, as other exclusions may apply. If in any doubt please always contact the venue.
8.3 Offers advertised on our website are only available to members who present a valid membership. Such offers are not available in conjunction with any other offers that participating venues may be running, which may include set menus or a food and drinks offering outside of the venues standard menu.
8.4 The expiry date of each membership will vary and will always be checked at each venue. Expired memberships are not accepted by participating venues. Memberships are strictly non-transferable and can only be used by named members up to the limit specified by participating venues on our site. Any attempted misuse of the memberships may result in confiscation without refund.
8.5 We will use reasonable endeavours to update our site to show the particulars of participating venues and the terms of their availability. Participating venues may, however, be entitled to withdraw 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 venues which join at a later date and any increase in availability of participating venues.
8.7 Any marketing material is intended as a guide about venues who are participating at the time of publication and, therefore, may not include all participating venues at any one time.
8.8 Participating venues may check the validity of your membership
(9) Our liability
9.1 Subject to clause 9.3, if we fail to comply with these terms and conditions, our liability to you will be limited to 1 (one) months membership fee or equivalent.
9.2 Subject to clause 9.3, we will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into the following categories:
9.3 Nothing in this agreement excludes or limits our liability for:
9.4 Where you receive any product(s) and/or service(s) from any participating venue, any losses or liability arising out of, or in connection with, such product(s) or service(s) shall be the relevant participating venue’s liability. We accept no liability for any bad experiences or bad consumables such as food and/or drink at any of the participating venues. We will not become involved in any dispute between you and any venue.
9.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site or app.
(10) Written communication
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, and from time to time sending notifications through our app. 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.
All notices given by you to us must be given to us at [email protected] . 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.
Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
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
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
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
This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.