Cheeky token terms and conditions

Terms and conditions of use:

  1. Introduction to Cheeky Token Limited membership terms and conditions.

1.1      These terms and conditions shall govern your use of our website (www.cheekytoken.com).

1.2      By using our website, you accept these terms and conditions in full. However, if you disagree with these terms and conditions or any part of these terms and conditions, you must not continue to use our website.

1.3      If you register for our Cheeky Token card, submit any information to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4      You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5      Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

2          This document was created using a template from SEQ Legal (http://www.seqlegal.com) and modified accordingly by Amy Lynch Consultancy Limited.

  1. Copyright notice

3.2      Subject to the express provisions of these terms and conditions:

(a)       we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)       all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

4.1      You may:

(a)       view pages from our website in a web browser;

(b)       download pages from our website for caching in a web browser;

(c)        print pages from our website;

(d)       stream audio and video files from our website; and

(e)       use our website services by means of a web browser.

subject to the other provisions of these terms and conditions.

4.2      Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

4.3      You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4      Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5      Unless you own or control the relevant rights in the material, you must not:

(a)       republish material from our website (including republication on another website);

(b)       sell, rent or sub-license material from our website;

(c)        show any material from our website in public;

(d)       exploit material from our website for a commercial purpose; or

(e)       redistribute material from our website.

4.6      Notwithstanding Section 4.5, you may redistribute our newsletter, Facebook shares and Instragm pictures in print and electronic form to any person.

4.7      We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

5.1      You must not:

(a)       use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)       use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)        use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)       conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)       access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)        violate the directives set out in the robots.txt file for our website; or

(g)       use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2      You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3      You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Registration and accounts

6.1      To be eligible for a Cheeky Token membership account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.2      You may register for a Cheeky Token card and account with our website by completing and submitting the account registration form on our website, and clicking and agreeing to our terms and conditions.

6.3      You must not allow any other person to use your Cheeky Token card membership.

6.4      You must notify us in writing immediately if you become aware of any unauthorised use of your Cheeky Token card membership.

6.5      You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. Membership details

7.1      If you register for a membership card through our website, you will be asked to confirm your agreement to our terms and conditions.

7.2      You will receive your cheeky token card within 15 days of us receiving full payment for the card, unless there are exceptional circumstances.

(a)      Once your order has been accepted we aim to dispatch your cheeky token card within 7 working days. If you do not receive your card you must contact us within 15 days to request a replacement. If you do not contact us within the 15 days any replacement card that is issued will carry a £10.00 administration fee and be issued with the original expiry date.

7.3      The price of membership is £50 per annum. On occasion there are half price special offers of £25.00 per annum. This offer is for a specified time only and does not transfer to renewals. They are one off offers that are available at the time of purchase only.

7.4       Prices includes VAT.

7.5      The cost for a replacement (lost or stolen) card should you require one will be £15.

7.6      Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.

7.7     Payment must be by credit or debit card through PayPal, or by such other method as we may agree from time to time.

7.8   Postage costs shall be added at the check out stage of payment

  1. Cancellation and suspension of account

8.1      We may:

(a)       suspend your membership;

(b)       cancel your membership and/or

(c)        edit your membership details,

at any time in our sole discretion without notice or explanation.

8.2      You have the right to cancel your initial registration of membership with us within 7 days of your original purchase.

8.3      To cancel your membership, please call us on +44 (0) 7497610086. Upon cancellation we require you to return your card to our business address: Bridge View, Shefford, SG17 5FT. You will receive a confirmation email of cancellation; it is recommended that this be kept for your own personal records.

8.4      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 and our £10 administration charge, which is a genuine pre-estimate of the loss we will suffer in the event of a cancellation. Refunds will be subject to the return of your cheeky token card. You will also be responsible for the cost of returning your cheeky token card in an unused condition and in the original packaging. 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.

8.5      The membership subscription is not renewed automatically and your card will expire in 12 months from issue.

(a)     It is your responsibility to renew your Cheeky Token card however we will send you an electronic reminder near the end of your subscription. 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).

  1. Your content: licence

9.1      In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2      You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3      You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4      You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5      You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6      You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7      Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1    You warrant and represent that your content will comply with these terms and conditions.

10.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)       be libellous or maliciously false;

(b)       be obscene or indecent;

(c)        infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)       infringe any right of confidence, right of privacy or right under data protection legislation;

(e)       constitute negligent advice or contain any negligent statement;

(f)        constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)       be in contempt of any court, or in breach of any court order;

(h)       be in breach of racial or religious hatred or discrimination legislation;

(i)         be blasphemous;

(j)        be in breach of official secrets legislation;

(k)        be in breach of any contractual obligation owed to any person;

(l)         be untrue, false, inaccurate or misleading;

(m)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(n)       constitute spam;

(o)       be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(p)       cause annoyance, inconvenience or needless anxiety to any person

  1. Limited warranties

11.1    We do not warrant or represent:

(a)       the completeness or accuracy of the information published on our website;

(b)       that the material on the website is up to date; or

(c)        that the website or any service on the website will remain available.

11.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3    To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

12.1    Nothing in these terms and conditions will:

(a)       limit or exclude any liability for death or personal injury resulting from negligence;

(b)       limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)        limit any liabilities in any way that is not permitted under applicable law; or

(d)       exclude any liabilities that may not be excluded under applicable law.

12.2    The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)       are subject to Section 12.1; and

(b)       govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

13.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)       send you one or more formal warnings;

(b)       temporarily suspend your access to our website;

(c)        permanently prohibit you from accessing our website;

(d)       block computers using your IP address from accessing our website;

(e)       contact any or all of your internet service providers and request that they block your access to our website;

(f)        commence legal action against you, whether for breach of contract or otherwise; and/or

(g)       suspend or delete your account on our website.

13.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation creating and/or using a different account).

  1. Variation

14.1    We may revise these terms and conditions from time to time.

14.2    The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3    If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

15.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

16.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

17.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2    The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

18.1    Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

19.1    These terms and conditions shall be governed by and construed in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.

19.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Participating business’

20.1    On the presentation of your cheeky token card, participating local business’ will offer the deal as to which they have agreed and advertised on our website (www.cheekytoken.com). The offer they advertise can vary without notice. Therefore, please refer to our website for updates on offers.

20.2 Participating businesses may only offer their advertised deal at certain times so please check our website for further details. Please check with our participating business’ if their offers include bank Holidays and special occasions. the participating business may have heir own exclusions. Therefore, we recommend you also check their website directly as other exclusions may apply.

20.3 Please phone participating business’ to ensure your deal is available to avoid disappointment. However, where possible we will inform you via our website.

20.4 Offers advertised on our website are only available to members who present their own valid Cheeky Token card. Cheeky Token offers are not available in conjunction with any other offers that participating business’ may be running, which may include any other promotions.

20.5 The expiry date of each Cheeky Token card will vary and will always be checked at each participating business. Expired Cheeky Token cards are not accepted by participating businesses. Cheeky Token cards can only be used when activated (card signed by member). Please note the Cheeky Token cardholder may be required to sign receipts at participating business’ to redeem an offer. Any attempted misuse of a Cheeky Token card may result in confiscation and/or membership cancellation.

20.6 We shall use reasonable endeavors to update our website to show the particulars of participating local businesses and the terms of their updated offers and deals for participation in the membership. Participating business’ may, however, be entitled to withdraw from the membership 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.

20.7 Cheeky Token Members will have the benefit of any additional business’ which join Cheeky Token at a later date and any increase in availability of participating local businesses.

20.8 Our printed marketing material and website information is intended as a guide of local business’ who are participating at the time of publication and, therefore, may not include all participating businesses at any one time.

  1. Our details

21.1    This website is owned and operated by Cheeky Token Limited.

21.2    We are registered in England and Wales under registration number 9359538, and our registered office is at Bridge View, Shefford, SG17 5FT.

21.3    Our principal place of business is at Bridge View, Shefford, SG17 5FT.

21.4    You can contact us:

(a)       by post, using the postal address given above;

(b)       using our website contact form;

(c)        by telephone, on the contact number +44 (0) 7497610086; or

(d)       by email, using info@cheekytoken.com

 

 

If you have any concerns about material which appears on our website, please contact info@cheekytoken.com.

 

Thank you for visiting our website.

 

Cheeky Token Limited.