- Agreement - these terms and conditions and the application form.
- Associated Member – any 2nd member as named on the application form.
- The Cool Card – The Cool Card Limited (company number 07681486) of Hilton Hall, Hilton Lane, Essington WV11 2BQ.
- Membership Fee – the annual membership fee payable under this Agreement, if any.
- Promotions – those promotions currently offered by The Cool Card’s suppliers to Cool Card members, as listed on The Cool Card website from time to time.
- You - the member named on the application form.
- Membership of The Cool Card starts when You receive Your membership card. Each card contains an expiry date, usually 12 or 24 months after its issue date. Your membership will continue until the first expiry date. Before that date, The Cool Card will contact you to explain your renewal options.
- Membership of The Cool Card entitles You to take advantage of the Promotions which are listed on The Cool Card website from time to time.
- Your membership is personal to You (and if applicable, to any Associated Member) and You may only use Your membership card in person. It may not be used by any third party.
- The Cool Card Promotions are intended for members. You must keep any membership number, code and any other membership information confidential and not disclose these to any third parties.
- You are responsible for ensuring that any Associated Member also complies with this Agreement.
- In applying for membership, You confirm that You (and if applicable, to any Associated Member) are over 18.
- You may not assign Your membership to any third party. The Cool Card may assign this Agreement to a third party and may sub-contract its obligations.
- Any variation of these terms and conditions is inapplicable unless agreed in writing by The Cool Card.
- You must supply The Cool Card with accurate and up-to-date personal details, (including, if applicable, details of any Associated Member) and You must notify The Cool Card immediately of any changes to Your membership details, including any change of address.
- You must notify The Cool Card immediately if Your membership card is lost or stolen.
- You must follow any other membership rules which The Cool Card may introduce from time to time, regarding use of Your membership card or taking up Promotions. Any current membership rules will be posted on The Cool Card website.
- Promotions are for personal use only and may not be used for commercial purposes, resold or (generally) combined with any other promotion.
Changes to Promotions
- Whilst The Cool Card makes every effort to ensure that Promotions are left in place for at least 12 months from their launch, it reserves the right to vary, add to and withdraw Promotions from time to time without notice. You will be notified by any such changes being posted on The Cool Card website and You are advised to check the current Promotions immediately before making use of Your membership card.
- If a Membership Fee is payable, You must pay it in advance with Your membership application and then in advance of the renewal date, or alternatively by monthly instalments in advance.
- You must pay any Membership Fee by debit/credit card, bank transfer or cheque, or, in the case of monthly instalments, by direct debit. In any event, The Cool Card reserves the right to change the required payment method to direct debit or any other method, at its discretion. You must assist The Cool Card by completing any documents required to make such changes, such as a direct debit mandate.
- The Cool Card reserves the right by giving notice to You at any time before a renewal date, to introduce or increase any Membership Fee for the following membership year. If it does so, You may cancel Your membership with effect from the next renewal date, by giving written notice to The Cool Card within 14 days of receiving such notice of increase.
- The Cool Card may charge a reasonable administrative fee if You notify any change of membership details or request a replacement card.
- The Membership Fee is inclusive of any VAT.
- If You fail to make any payment on time, The Cool Card may;-
- cancel the Agreement; or
- suspend Your access to Promotions until payment is made in full.
Complaints and liability
- The Promotions are offered to You by our suppliers. Once You take up any Promotion, You will be contracting directly with the relevant supplier and any complaint about the goods or services concerned should be raised immediately with the supplier, and not with The Cool Card.
- Likewise, any complaint about a supplier failing to honour the terms of any Promotion should also be raised directly with the supplier. However, The Cool Card would also like to be notified of any such problems straight away, and in any event within 7 days of the problem arising. Provided You do so, The Cool Card will endeavour to assist You in resolving such complaints with the supplier.
- The Cool Card will use its best endeavours to ensure that details of Promotions published on its website from time to time are accurate and up-to-date. However, The Cool Card shall not be liable for any goods or services provided to You (or if applicable, to any Associated Member) by any of its suppliers, nor for any failure of its suppliers to honour any Promotions.
- The Cool Card shall not be responsible for any complaints or dissatisfaction which are the fault of You (or if applicable, to any Associated Member) or any third party not being an employee, agent or sub-contractor of The Cool Card acting in the course of his engagement.
- The Cool Card does not warrant or represent that any Promotions are wholly exclusive to its members, nor that similar promotions might not be offered to non-members from time to time.
- The Cool Card shall not be liable for any indirect or consequential loss, damage, cost or expense of any kind whatever and however caused.
- The terms of this Agreement represent the whole agreement between the parties. This clause 7 and the other provisions of this Agreement do not affect Your statutory rights as a consumer.
- In any event, save where such liability may not be limited by law, The Cool Card’s total liability to You (or if applicable, to any Associated Member) (whether in contract, tort including negligence or otherwise) under or in connection with this Agreement shall not exceed the then current Membership Fee in aggregate.
You have a right to cancel this agreement at any time
within the period of 14 days
from the date of application for membership, without giving any reason. To exercise the right to cancel, You must inform The Cool Card – Hilton Hall, Hilton Lane, Essington WV11 2BQ, tel. 0345 095 0008,
of Your decision to cancel this Agreement by a clear statement (eg. a phone call to Your Member Liaison Officer, a letter sent by post or email). Cancellation does not need to be in writing. You may use the model cancellation form below, but it is not obligatory. In any event You must be able to show clear evidence of when the cancellation was made. To meet the cancellation deadline, you must notify The Cool Card of Your cancellation before the cancellation period has expired.
Effects of cancellation
If You cancel this Agreement as above, The Cool Card will reimburse to You any payments received from You.
To: The Cool Card Limited (company number 07681486) of Hilton Hall, Hilton Lane, Essington WV11 2BQ
I hereby give notice that I wish to cancel my Agreement with You (including if applicable, any Associated Membership).
Signed (unless by e-mail)
Name and Address
- The Cool Card may cancel this Agreement with immediate effect on written notice if You (or if applicable, any Associated Member);-
- default in payment of any Membership Fee;
- are declared bankrupt;
- breach any of Your other obligations under this Agreement.
No reimbursement of any part of any Membership Fee will be paid in that event.
- The Cool Card also reserves the general right at any time by 14 days advance notice to You to cancel this Agreement. In that event, The Cool Card will reimburse You with a proportionate part of the current Membership Fee.
- The Cool Card recognises the importance of Your privacy. It undertakes to keep Your membership and personal details confidential and to comply with the data protection legislation. The Cool Card will not disclose your details to any third parties without Your permission, whether for marketing purposes or otherwise, except;-
- if it is required by law to do so; or
- with its suppliers in relation to administering specific Promotions which You have taken up or enquired about.
- The Cool Card may obtain personal and financial information including information about Your membership and about Your usage of Promotions from its suppliers and You authorise such suppliers to release such information to The Cool Card, provided that such information shall be regulated by the other provisions of this clause.
- The Cool Card may use Your membership and personal details to administer Your membership and payment of Membership Fees, provide suitable services and information to You, verify Your identity, monitor Your usage of Promotions, carry out marketing analysis and make general improvements to its services, obtain Your views or comments and provide statistical analysis. The Cool Card may continue to use this information after the end of Your period of membership for historical and statistical purposes.
- The Cool Card may transfer Your personal information to a third party as part of a sale of some or all of its business and assets to any third party or as part of any business restructuring or reorganisation, but in that event will take steps with the aim of ensuring that Your privacy rights continue to be protected.
- The Cool Card may from time to time contact You directly as to products or services which may be of interest to You. You may object in writing if You do not wish to receive such material from The Cool Card.
- Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any event beyond the reasonable control of that party.
- The Cool Card retains ownership of copyright and all other intellectual property rights to its website and all material produced or used in relation to this Agreement.
- This Agreement is the entire statement of the agreement between the parties relating to the subject matter of the Agreement.
- This Agreement will be construed in accordance with and governed by the law of England and Wales.