Terms and Conditions
These Terms and Conditions govern your use of the BYO Wine Club website (www.byowineclub.com) and your relationship with BYO Wine Club (BYO Wine Club, we or us). Please read them carefully as they affect your rights and liabilities under English law. If you do not agree to these Terms and Conditions, please do not join BYO Wine Club.
1.
BYO Wine Club is owned and operated by BYO Wine Club Ltd, an English limited company whose registered office is at 1 Elm Bank Mansions, The Terrace, London, SW13 0NS. If you have any queries please contact us; our details are on our Contact page.
BYO Wine Club is owned and operated by BYO Wine Club Ltd, an English limited company whose registered office is at 1 Elm Bank Mansions, The Terrace, London, SW13 0NS. If you have any queries please contact us; our details are on our Contact page.2.By using BYO Wine Club’s services you agree to be bound by these Terms and Conditions. These Terms and Conditions including, without limitation, Clause 7 (Liability Limitations) do not affect your statutory rights.
By using BYO Wine Club’s services you agree to be bound by these Terms and Conditions. These Terms and Conditions including, without limitation, Clause 7 (Liability Limitations) do not affect your statutory rights.3. Contact Details
Contact Details3.1Any contact details you provide to us on joining are governed by Clause 13 (Privacy Policy).
Any contact details you provide to us on joining are governed by Clause 13 (Privacy Policy). 3.2Please inform us promptly of any changes to your contact details by
Please inform us promptly of any changes to your contact details by 4. Membership
4.1To join BYO Wine Club you must be over eighteen years of age.
To join BYO Wine Club you must be over eighteen years of age. 4.2For your records, please print or save these Terms and Conditions for your future reference.
For your records, please print or save these Terms and Conditions for your future reference.4.3 You may become a member of BYO Wine Club by paying our membership fee as set forth on our Membership page.
4.4 Your payment of your membership fee to BYO Wine Club amounts to an acceptance of our offer to enter a contract to use our service; you cannot then terminate this contract (i.e. withdraw or cancel your membership) except as stated below.
4.5We reserve the right to refuse to offer membership to any customer.
We reserve the right to refuse to offer membership to any customer. 5. Membership Fee; Recurring Billing; Trial Membership
5.1We require payment of your membership fee in advance.
We require payment of your membership fee in advance. 5.2Payment can be made by Visa, Visa Debit and MasterCard.
Payment can be made by Visa, Visa Debit and MasterCard.5.3 All credit/debit cardholders are subject to validation checks and authorisation. If the issuer of your payment card refuses to authorise payment to us, we will notify you immediately. We shall have the right to delay your membership until payment is received.
5.4We have the right to increase our membership fee for new members at any time; provided, however, any such increase shall not apply to any existing member, who shall have the right to renew his membership at the same rate paid at joining.
We have the right to increase our membership fee for new members at any time; provided, however, any such increase shall not apply to any existing member, who shall have the right to renew his membership at the same rate paid at joining. 5.5Between 30 (thirty) and 45 (forty-five) days prior to the expiry date specified on your annual membership card, we will send you notice by email that your membership will soon expire and that unless we receive instructions to the contrary from you within 5 (five) business days by email or by telephone, we will debit the card you provided to us on joining for an amount equal to your membership fee for the following year and dispatch a new membership card to you to the postal address we have on file. There is no recurring billing for gift memberships.
Between 30 (thirty) and 45 (forty-five) days prior to the expiry date specified on your annual membership card, we will send you notice by email that your membership will soon expire and that unless we receive instructions to the contrary from you within 5 (five) business days by email or by telephone, we will debit the card you provided to us on joining for an amount equal to your membership fee for the following year and dispatch a new membership card to you to the postal address we have on file. There is no recurring billing for gift memberships.5.6If you have purchased or have otherwise received a three-month trial membership, you must inform us by phone or email before the end of such trial that you do not wish to continue with a full-year membership (i.e. an additional nine months). Failing such notice, at the end of the trial we will debit the card you provided to us on joining for £75 and dispatch a new membership card to you to the postal address we have on file.
If you have purchased or have otherwise received a three-month trial membership, you must inform us by phone or email before the end of such trial that you do not wish to continue with a full-year membership (i.e. an additional nine months). Failing such notice, at the end of the trial we will debit the card you provided to us on joining for £75 and dispatch a new membership card to you to the postal address we have on file. 6. Termination and Refunds
6.1 Your BYO Wine Club membership will continue until the last day of the month falling one year from the date your membership card is issued (trial memberships may specify an actual expiration date). This date will be specified on your membership card. Your membership will terminate on this date unless renewed prior to this time.
6.2 BYO Wine Club may terminate your membership immediately in our reasonable discretion if you materially breach any of your obligations under these Terms and Conditions or as set forth on our Club Rules page. Upon such termination you will return your membership card to us. We will pay you any reasonable expenses incurred in returning your card.
6.3 You may terminate your membership at any time by returning your membership card to us at your expense.
6.4Upon termination of your membership you will cease to identify yourself or otherwise hold yourself out as a member of BYO Wine Club and shall no longer be entitled to any of the rights and privileges of members specified on our website or in our mailings.
Upon termination of your membership you will cease to identify yourself or otherwise hold yourself out as a member of BYO Wine Club and shall no longer be entitled to any of the rights and privileges of members specified on our website or in our mailings.6.5Except as provided in Clause 12, in no event shall your membership fee be refunded In the event of termination.
Except as provided in Clause 12, in no event shall your membership fee be refunded In the event of termination.6.6The termination of your membership shall not affect either party's rights or liabilities hereunder.
The termination of your membership shall not affect either party's rights or liabilities hereunder.6.7 The limitations on liability set forth in these Terms and Conditions shall survive termination.
7. Liability Limitations
7.1 These limitations are in addition to those set forth elsewhere in these Terms and Conditions.
7.2The BYO Wine Club website is provided “as is” without any warranties or guarantees save those set out in these Terms and Conditions.
The BYO Wine Club website is provided “as is” without any warranties or guarantees save those set out in these Terms and Conditions. 7.3 Whilst BYO Wine Club tries to ensure that material included on the BYO Wine Club website is correct, we cannot accept responsibility if, despite our reasonable endeavours, this is not the case. Without prejudice to your statutory rights, BYO Wine Club will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the BYO Wine Club website. If BYO Wine Club is informed of any inaccuracies in the material on the website, we will attempt to correct the inaccuracies as soon as we reasonably can.
7.4 To the fullest extent allowed by applicable law, except as set forth herein you agree that we will not be liable to you or any third party for:
(a) any consequential or incidental or indirect damages; and
(b)loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (in each case whether direct, consequential, incidental or indirect).
loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (in each case whether direct, consequential, incidental or indirect).7.5 BYO Wine Club’s maximum liability per customer for any losses or damages hereunder shall not exceed your annual membership fee.
7.6We will not be responsible for any losses or damages relating to the refusal by any restaurant to provide services to a BYO Wine Club member.
We will not be responsible for any losses or damages relating to the refusal by any restaurant to provide services to a BYO Wine Club member. 7.7 We shall not be liable for any third party’s delay or failure to perform, including, without limitation, difficulties or failures by restaurants featured on this website.
7.8 We shall collect, process, store, and transfer your personal data in accordance with our Privacy Policy (below) in compliance with the relevant EU and UK data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
7.9 Nothing in these Terms and Conditions shall operate to limit or restrict BYO Wine Club’s liability for death or personal injury arising from negligence or fraudulent misrepresentation.
8. Intellectual Property
8.1 All content and programming of the BYO Wine Club website is the property of BYO Wine Club. You may retrieve and display the content of the BYO Wine Club website on a computer screen, store such content in electronic form on disk or print one copy of such content for your own personal, non-commercial use. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes your membership card or any of the materials or content on the BYO Wine Club website without written permission from BYO Wine Club.
8.2 No licence is granted to you in these Terms and Conditions to use any trade mark of BYO Wine Club or its affiliates or licensors.
9. Third party Websites
9.1 As a convenience to BYO Wine Club customers, the BYO Wine Club website may include links to other websites or material which are beyond its control. BYO Wine Club is not responsible for content on any website outside the BYO Wine Club website, even if it is reached via the BYO Wine Club website.
10. Applicable Law
10.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England.
10.2 The English courts will have exclusive jurisdiction over any disputes arising under or in relation to these Terms and Condition.
11. Miscellaneous
11.1 You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
11.2 If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
11.3 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
11.4 The waiver by BYO Wine Club of any of its rights under these Terms and Conditions shall constitute neither a continuing waiver of the right waived nor a waiver of any other right under these Terms and Conditions.
12. Amendments
12.1 We may update these Terms and Conditions from time to time and any changes will be notified to you via (i) the e-mail address provided by you at the time of your membership, (ii) post to your mailing address on file, (iii) hand-delivery at the time of any collection/delivery or (iv) a suitable announcement on the BYO Wine Club website. The changes will apply to the use of the BYO Wine Club website after we have given notice. If you do not wish to accept such new Terms and Conditions, you should terminate your membership with BYO Wine Club in accordance with Clause 6.3.
12.2 In the event that you terminate your membership with BYO Wine Club as a result of an amendment to these Terms and Conditions in accordance with Clause 12.1 which materially and adversely effects your rights hereunder, you shall return your membership card to us specifying such grounds in writing. Upon receipt of your membership card we will promptly refund to you an amount equal to your paid membership fee multiplied by a fraction, the numerator of which is the number of full months remaining until the expiry date stated on your membership card and the denominator of which is 12 (twelve).
In the event that you terminate your membership with BYO Wine Club as a result of an amendment to these Terms and Conditions in accordance with Clause 12.1 which materially and adversely effects your rights hereunder, you shall return your membership card to us specifying such grounds in writing. Upon receipt of your membership card we will promptly refund to you an amount equal to your paid membership fee multiplied by a fraction, the numerator of which is the number of full months remaining until the expiry date stated on your membership card and the denominator of which is 12 (twelve). 12.3If you continue to use BYO Wine Club's services after the date on which any change to these Terms and Conditions comes into effect, your continued use of our services indicates your agreement to be bound by the new Terms and Conditions.
If you continue to use BYO Wine Club's services after the date on which any change to these Terms and Conditions comes into effect, your continued use of our services indicates your agreement to be bound by the new Terms and Conditions.13.Privacy Policy
Privacy Policy13.1 BYO Wine Club is strongly committed to protecting the privacy of our customers. We do not request your consent to share your personal details with third parties who buy customer lists because we shall never sell, rent or loan to any third party any information from which our members may be identified. The only circumstances when we may provide details, identifiable to you, to third parties are where we are required to do so by law, in order to administer your order, where necessary to safeguard the proper operation of our systems and where required for business succession reasons.
13.2Your personal details will not be used in ways to which you have not consented.
Your personal details will not be used in ways to which you have not consented. 13.3We will only ask for personal information from you where it is necessary for us to provide our service to you. We will only collect information where it is specifically and knowingly provided by you. For example, we will ask for your name, address, and email address. We will use this information for membership purposes only.
We will only ask for personal information from you where it is necessary for us to provide our service to you. We will only collect information where it is specifically and knowingly provided by you. For example, we will ask for your name, address, and email address. We will use this information for membership purposes only. 13.4 From time to time, we may also send you a letter or email telling you about updates and special offers which we believe may interest you or we may ask for feedback as we are constantly trying to improve our standards of service. We will not send you any non-administrative emails or text messages unless you specifically request them.
13.5 If you terminate your membership with us, we may archive your email address and occasionally send you communications inviting you to try us again. You can remove yourself from our mailing list at any time by notifying us by email.
13.6 Whilst we make every effort to provide you with links to high quality, reputable sites, these are not under our day to day control. When you click through to these sites or any other site not wholly owned by BYO Wine Club, you leave the area controlled by us. We cannot accept responsibility for any issues arising in connection with either their use of your data, the site content or the services offered to our customers by these sites. You are advised to consult each site's privacy statement to see how they will use your data.
13.7 From time to time it may be necessary for us to update this Clause 13. We will notify you of any such changes by posting them on the BYO Wine Club website.
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