Last Updated: 30 May 2018
1. These Terms
This website (www.timeout.com/london) (“Time Out Website”) is owned and operated by Time Out England Limited of 77 Wicklow Street Kings Cross London WC1X 9JY (“Time Out”). Time Out’s VAT number is GB 672 1770 31.
The purchase by you of Time Out More membership (“Time Out More”) through the Time Out Website is subject to and conditional upon your acceptance of these Terms and Conditions (the “Terms”). These Terms are to be read in conjunction with the Time Out Privacy Policy https://www.timeout.com/privacy-notice. To the extent that there is any inconsistency between these Terms and the London Shop terms https://www.timeout.com/london/shop/terms-and-conditions (“Shop Terms”) with respect to your purchase of Time Out More, these Terms will prevail.
When you purchase Time Out More you are required to show your acceptance of the Terms by clicking on the button marked "I Accept". If you refuse to accept these Terms you will not be able to order Time Out More through the Time Out Website.
Please take special note of clause 11 of these Terms (Term and auto-renewal of Time Out More membership) as your membership to Time Out More will auto-renew and Time Out will automatically take payment from you of the Annual Price at the end of the Validity Period.
Time Out may revise this legal notice at any time by updating this posting. You should check the Time Out Website from time to time to review the current legal notice, because the terms and conditions live at the time of purchase are binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of the Time Out Website.
2. Your Status
By placing an order for Time Out More through the Time Out Website you confirm that:
a) you are legally capable of entering into binding contracts;
b) you are at least 18 years old
3. Your Personal Data and Data Protection
By placing an order you agree to provide only accurate and complete registration information and you agree that you will keep that information up to date if it changes. You must never use another person’s account on the Time Out Website without obtaining their written consent. You are solely responsible for any and all access to the Time Out Website by persons using your account and so we suggest you keep your account password secure. You must notify Time Out immediately if you become aware of any unauthorised use of your account.
The terms of the Time Out Privacy Policy are incorporated into these Terms and Conditions. You agree to the use of your personal information by Time Out in accordance with the terms of and for the purposes set forth in the Time Out Privacy Policy which can be found at https://www.timeout.com/privacy-notice.
Time Out England Limited is the data controller for the purposes of the Data Protection Act 1998 (UK) and is registered with the Information Commissioner’s Office under registration number ZA078189. By becoming a member of Time Out More you consent that we may process personal data that we collect from you in accordance with our Privacy Policy (which may be varied from time to time) and applicable data protection legislation.
Time Out may use all the information that you supply to us in purchasing Time Out More (such as your name, address, email address, telephone number etc) for the purposes of:
i. administering the membership;
ii. statistical analysis;
iii. sending you news of our special events, offers, promotions and newsletters either by post, email, SMS or through any social network that related to your membership to Time Out More; and;
iv. market research.
We reserve the right to vary or amend the Privacy Policy from time to time at our sole discretion and you will be bound by the version that appears on the Website at any given time. Any amendments to the Privacy Policy will be reflected on the website and we recommend that you visit our website from time to time keep up to date with any amendments.
You can manage your preferences via your user account (which you can create and view) at https://www.timeout/london and opt out of receiving the communications as specified above at any time. If you have any concerns you can contact privacy@timeout.com.
4. Third Party Payment Processing
Time Out uses the services of PayPal, to process payments securely and limit fraud in connection with credit card transactions or other payment methods through its tokenization solution. Should you wish to make purchases through the Website, you will be required to disclose personal payment information (e.g. credit card number, address, expiration date, etc.) to PayPal. Time Out will not collect, process, keep or store your personal payment information on the Time Out Website. PayPal will use your payment data as provided to submit payment requests to your credit card issuer for payment authorisation and settlement. The PayPal solution is fully PCI-compliant because it stores a secure token as a reference to the credit card data. You can read more about what it means to be PCI compliant here http://www.theukcardsassociation.org.uk/security/what_is_PCI%20DSS.asp. PayPal allows customers to store their payment information during the checkout process for future use, giving returning customers the convenience of stored credit cards and rapid checkout. PayPal can also automate annual membership payments and will do so for Time Out More at the end of the Validity Period. For a summary of the collection and use of payment information collected by PayPal, Time Out recommends that you read the PayPal Privacy Policy https://www.paypal.com/uk/webapps/mpp/ua/privacy-full. Time Out shall not be liable for any actions or omissions committed by PayPal.
5. About the Time Out More programme
Time Out More is a membership scheme administered by TLC Marketing UK Ltd of 17a-19 Harcourt Street, London, W1H 4HF (“TLC”) pursuant to a trademark licence agreement with Time Out.
Time Out More membership provides members (“You” or “Members”) access to discounts, offers and benefits (the “Offers”) from participating businesses (the “Partners”) in the United Kingdom only, for a duration of 12 months from the date of purchase or any other validity period as indicated at time of purchase (“Validity Period”).
6. How the contract is formed between you and TLC
Upon receipt of your payment via PayPal following your purchase of the Time Out More from the Time Out Website, you will receive a voucher to the email address you provided including redemption instructions on how to activate Time Out More. You will then need to activate Time Out More on https://more.timeout.com (“the Microsite”).
TLC is solely responsible for the Time Out More programme, including but not limited to membership activation. Any queries in respect of Time Out More should be directed to TLC.
TLC is the producer, manufacturer, promoter and administrator of Time Out More and is solely responsible for ensuring Time Out More and the Offers are performed and comply with all applicable laws.
Any queries about the Microsite should be directed to TLC at: https://more.timeout.co.uk/Data/ContactUs
7. Time Out’s Status
Time Out’s obligations under these Terms in respect of Time Out More are solely to take payment and arrange to issue your activation code to you for Time Out More.
Time Out disclaims any and all responsibility or liability in relation to Time Out More or for any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Time Out nor its officers, employees or any third parties may be held liable whether in relation to contract, warranty, tort (including negligence), Time Out More liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of Time Out More and/or the Offers.
Any queries about the Time Out Website (including payment and cancellation pursuant to these Terms) should be directed to Time Out at more@timeout.com.
8. Eligibility to join Time Out More.
You are eligible to participate in Time Out More if you are a UK resident and you are aged 18 or over.
9. How to join Time Out More
You can purchase Time Out More membership via the Time Out Website. Purchased memberships will automatically renew at the end of the Validity Period.
Alternatively, you may also gain membership access via a TLC client reward opportunity or loyalty incentive (“Loyalty Customer(s)”).
10. Price and Payment
The current price of membership to Time Out More is £29.99 inclusive of VAT for a 12-month membership ("the Annual Price"). The Annual Price will be quoted on the Time Out Website. The Annual Price is subject to change at any time and for any reason, but any changes will not affect any orders for which payment has already been made. Payment can be made by all major debit and credit cards or other methods we may agree, as detailed on the Time Out Website.
11. Term and auto-renewal of Time Out More membership
Your Time Out More membership is valid for a duration of 12 months from the date of purchase or any other validity period as indicated at time of purchase (“Validity Period”).
At the end of the Validity Period your Time Out More membership will automatically renew on a rolling 12-month basis and the Annual Price applicable at the time of renewal will be deducted by Time Out from the same payment method that you used when you initially purchased Time Out More.
You will receive an email notification towards the end of your Validity Period advising you of the pending renewal of Time Out More. Should you wish to prevent your membership to Time Out More from auto-renewing you can do so by contacting Time Out’s customer care team prior to the end of the Validity Period at more@timeout.com. Time Out will not be liable for any non-receipt of communication including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal).
If your automated payment fails due to insufficient funds, expired card details or similar, here’s what will happen. For expired cards, PayPal will work with the credit card issuer to automatically update expired credit cards so that your membership to Time Out More is not interrupted. If PayPal cannot update the information, Time Out will be notified, and Time Out will notify you and request that you update your credit card details. For insufficient funds, PayPal will automatically retry two times before notifying Time Out, at which point we’ll suspend your Time Out More membership and contact you.
If you are a Loyalty Customer you will receive an email notification from TLC towards the end of your Validity Period advising you that your Time Out More membership is soon to expire and advising you that you can purchase a new membership to Time Out More on the Time Out Website.
12. How to activate Time Out More
Subject to payment (if purchased via the Time Out Website) and/or registration information (if you are a Loyalty Customer), you will receive an email containing your unique activation code which you will need to use to activate on the Microsite https://more.timeout.com/Account/ActivateCard. You will be required to accept the Microsite Terms of Use https://more.timeout.com/Home/Terms and Privacy Policy https://more.timeout.com/Home/Privacy to activate your card.
Once your Time Out More membership has been activated you will be able to redeem available perks, discounts, benefits or offers (“Offer” and/or Offers”) that will be subject to additional terms and conditions applicable to the Offers as outlined on https://more.timeout.com (see more detail in clause 13).
You are advised to activate promptly, as your Validity Period will commence at the time of purchase.
13. How to redeem Time Out More Offers
As part of your Time Out More membership you will be provided with a digital membership card (“Card”) with a specific Validity Period. Your Card will provide access to the Offers from the Partners for the duration of your membership during which time you will be able to redeem available Offers.
TLC will use reasonable endeavours to ensure the Microsite is kept up to date to show a full portfolio of the Offers available. The Partners may withdraw, update or replace their Offers, or change the terms and conditions of their Offers at any time without notice to you.
Please be aware that:
- There will usually be a minimum spend required with the Partners to redeem an Offer;
- Partners may have additional terms and conditions including restrictions that must be met to redeem Offers (for example you may have to purchase another item from their menu);
- Partners’ terms and conditions are subject to change without notice to you;
- Partners will all have different terms and conditions applicable to their Offers;
- Additional Terms will be listed on the Microsite.
The Offers can be redeemed via individual listing pages on the Microsite by selecting ‘Use Now’ next to the relevant offer on either the individual Partner listing pages, or under ‘Saved Offers’ within your Account page.
‘Use now’ functionality will generate redemption details, to be presented to staff at the relevant venue. Redemption details will consist of - a copy of your Card, a unique offer code with a 10-minute expiry period, confirmation of the Partner venue and the Offers being redeemed.
‘Save for later’ functionality, available on Partner listing pages, will store a copy of the Offers you are interested in under ‘Saved offers’ within the ‘My Account’ section of the Microsite. Details of the Offers will also be sent to you via email.
On presentation of the redemption details, participating Partners will provide you with the benefit of the Offer, for example (but not limited to), the provision of a free starter with the purchase of a main course. The terms and conditions of each Offer from each Partner, including details of any restrictions, will be featured on the individual listing pages on the Microsite. Please check the terms and conditions of the offer before attempting to redeem.
You will need to display your Card and unique offer code to redeem the Offers. The expiry date of your Card will be checked by the Partners when you redeem the Offers.
The Offers advertised on the Microsite cannot be redeemed in conjunction with any other promotional offers or activity the Partners may be running unless the Partner has advised otherwise.
The Offers are subject to change and/or removal without notice to you. Please check the Microsite regularly for updates. TLC, Time Out and Partners shall have not liability for any such withdrawals or changes.
Access to the Offers expire at the end of the Validity Period (unless your Time Out More membership is automatically renewed). Expired memberships to Time Out More will not be valid. Your membership expiry date can be found on your Card within the ‘My Account’ section of the Microsite https://more.timeout.com/myaccount.
Your Time Out More membership is strictly non-transferable, and the card-holder must be present to redeem all Offers. Any attempted misuse of the Time Out More card will result in immediate termination of membership access.
The Card is not for re-sale and cannot be exchanged.
14. How to cancel your Time Out More membership
If you use your membership to Time Out More to redeem an Offer you will lose your right to cancel your membership. Otherwise, you have 14 calendar days from placing your order on the Time Out Website for Time Out More membership to cancel your membership contract (“Cooling Off Period”). Cancellation requests should be sent directly to more@timeout.com and you may use the Model Cancellation Form found below.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you have paid for your Time Out More membership and decide to cancel, Time Out will arrange reimbursement of your payment for the Time Out More membership only. Time Out will endeavour to refund you within 14 calendar days from the day on which we are informed about your decision to cancel this contract unless delayed by circumstances beyond our control. Time Out will make the reimbursement using the same means of payment as you used for the initial transaction.
Model Cancellation Form
To Time Out England Ltd at 77 Wicklow Street Kings Cross London WC1X 9JY
Email: more@timeout.com:
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*].
Name of consumer(s),
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.
15. Our refunds policy
If we are providing a refund:
i. Because you have cancelled your contract for an Offer within the Cooling Off Period we will process the refund due to you as soon as reasonably possible; or
ii. For any other reason, at our discretion, we will notify you of such refund via e-mail within a reasonable period of time. We will endeavour to process the refund due to you as soon as reasonably possible.
iii. We will refund any money received from you using the same method originally used by you to pay for the Time Out More.
16. Your conduct
Visitor material and conduct
Your use of the Time Out Website must be compliant with these Terms. If you, in our sole discretion, are deemed to have been or are carrying out any of the following prohibited activities, we reserve the right to take such action as we deem necessary, which may, without limitation, include suspension or termination of your account, the revocation of any unredeemed vouchers in connection with Time Out More and preventing you from re-enrolling or joining the Website under a new account. Prohibited Activities include but are not limited to:
(a) Posting or transmitting to or from the Time Out Website any material:
i. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
ii. which violates or infringes in any way upon the rights of others; or
iii. for which you have not obtained all necessary licences and/or approvals; or
iv. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(b) Misusing the Time Out Website (including, without limitation, by hacking) by:
i. creating multiple accounts under your name, any aliases or using accounts as may have been created by other individuals however which, in the sole determination of Time Out, are being managed by you; or
ii. using the Time Out Website, any user account, or any content on it for any other commercial purpose, including to compete directly or indirectly with Time Out; or
iii. using the Time Out Website, or any user account, to purchase Time Out More for resale, financial speculation, exceeding quantity limits for purchasing Time Out More or for any other reason, fraudulent or otherwise, unless expressly permitted under the terms of these Terms; or
iv. using the Time Out Website to solicit, advertise to or contact end-users to become users of any other services provided by or through you which would be directly, indirectly or potentially competitive with Time Out;
v. accessing or selling your access to the Time Out Website, to repurpose for any reason, Time Out More
vi. fraudulently reprinting, copying, reproducing or distributing any vouchers in relation to Time Out More.
(c) Inputting invalid or incomplete details for the purchase of Time Out More or creation of user accounts (including without limitation name, address, phone number).
(d) Misusing Time Out More (including without limitation by):
i. not presenting a valid Time Out More card and associated redemption details when attempting to redeem an Offer at a participating venue;
ii. engaging in fraud including but not limited to fraudulently reprinting, copying, reproducing or distributing Time Out More;
iii. attempting to sell or re-distribute Time Out More;
iv. sharing your Time Out More membership or Card with other persons;
(e) have failed in any way to otherwise comply with these terms and conditions as determined by TLC or Time Out in their sole discretion.
17. Liability
Other than for death or personal injury caused by Time Out’s negligence, Time Out’s total liability for losses you suffer as a result of Time Out not adhering to these Terms is strictly limited to the Annual Price you have paid for Time Out More or if the Annual Price has not been paid then £29.99.
Time Out is not responsible for indirect losses which happen as a side effect of the main loss or damage, even in cases where such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
i. loss of income or revenue;
ii. loss of business;
iii. loss of profits or contracts;
iv. loss of anticipated savings;
v. loss of data;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Time Out, TLC, its agents or distributors will not under any circumstances be responsible or liable to compensate you or accept any liability for:
i. Any non-acceptance by a Partner of the Time Out More card;
ii. Any unsatisfactory experiences or any failure by Partners to deliver expected services and quality (however we will use reasonable endeavours to investigate unresolved issues); or
iii. Any inability by you to use the Time Out More card properly or at all, because of, for example but not limited to, a lack of internet access or battery power on mobile device; or
iv. The contents, accuracy or use of the Partner venue listing, nor will any of them be liable to the extent permitted by law, for any personal loss occurring at the Partner venues; or
v. the quality and/or availability of the services offered by the Partners; or
vi. any indirect losses, consequential, exemplary, special or punitive damages, lost opportunities, loss of profits, anticipated profits, actual or anticipated savings;
TLC and Time Out reserve the right to vary, amend or cancel Time Out More at any time upon providing written notice to you and you agree that no liability shall attach to TLC or Time Out as a result thereof.
Information supplied by Partners is believed to be correct at the time of listing on the Microsite and neither TLC nor Time Out can accept liability for any inaccuracies or discrepancies contained within such information including omissions or typographical errors. In addition, no liability is accepted in the event that a Partner withdraws from Time Out More or changes its terms or availability.
18. Links to and from other websites
We may provide links on the Time Out Website to the websites of other companies, whether affiliated with us or not (“Third Party Websites”). Links to Third Party Websites are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all of the Third Party Websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the Third Party Websites linked to the Website, you do so entirely at your own risk.
We do not give any undertaking that products you purchase from Third Party Websites will be of satisfactory quality and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party sellers, Third Party Websites and/or the Merchant.
19. Queries
All correspondence regarding Time Out More should be directed to TLC. If for any reason you encounter a problem or have any questions please complete the contact form (https://more.timeout.com/Data/ContactUs) or call our customer services team for assistance. UK Customer Services: 0330 124 2096 Lines are open Monday to Friday, 9.30am to 5.30pm, excluding public holidays. Calls from landlines are charged at your local rate. Calls from mobiles and other network providers may vary. Calls may be recorded and monitored for training purposes.
20. Force Majeure
Neither you nor Time Out or TLC shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of the obligations set out in these terms if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances, the affected party shall be entitled to a reasonable extension of the time for performing their obligations. If the period of delay or non-performance continues for 30 calendar days, the party not affected may cease to be bound by these Terms by giving 14 calendar days’ written notice to the affected party.
21. Waiver
If Time Out delays or fails to enforce any of these Terms it shall not mean that Time Out has waived its right to do so.
22. Assignment
Time Out shall be entitled to assign any of Time Out’s rights and obligations under these Terms provided your rights are not adversely affected.
23. Severability
If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
24. Third Party Rights
No third party who is not a party to these Terms and Conditions shall have any rights against Time Out, Partners or TLC and neither you are we intend any third party to be able to enforce these terms under the Contract (Rights of Third Parties) Act 1999.
25. Entire Agreement
These Terms and any specially agreed terms constitute the entire agreement between the parties with respect to Time Out More and supersede any previous terms and conditions, agreement or arrangement between the parties.
Each of the parties agrees that it has not entered into these Terms in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms or not) other than as expressly set out in these Terms.
26. Governing Law and Jurisdiction
These Terms shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.