Love the leys t&C's
1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Love the Leys annual discount passes (henceforth referred to as ‘LTL Passes’). Further details regarding LTL Passes and the club can be found on our website http://thecoffeeshed.com. Please read these terms and conditions carefully and make sure that you understand them, before ordering a LTL Pass from our site or in person from a participating service. You should understand that by ordering or paying for a LTL Pass, 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 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 site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a LTL Pass 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).
2. Information about us
2.1 LTL is an initiative developed by Parks Tennis CIC in conjunction with Witney Town Council. The Coffee Shed and The Buttercross Kitchen are operated by Parks Tennis CIC, a not-for-profit community interest company based just outside Oxford. The court bookings and golf are operated by Parks Tennis CIC and the coaching is sub-contracted to Excel Tennis Academy.
3. Your status
3.1 By placing an order for a LTL Pass through our site, you warrant that you are legally capable of entering into binding contracts and you are at least 16 years old.
4. How the contract between you and us is formed
4.1 After placing an order for a LTL Pass, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to receive a LTL Pass. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that a LTL Pass has been dispatched, or sent to a participating service of your selection. The contract between us will only be formed when we send you a dispatch confirmation for a plastic membership card.
5.1 The club is an annual, one-off payment service and is not automatically renewed at the end of your membership period. If you have been issued with a plastic LTL Pass and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you that your LTL discounts and offers are about to expire. We will not be liable for any non-receipt of communication from us, including non-receipt of the expiration reminder. You are required to inform us if you change your correspondence address (both email and postal).
6. Consumer rights
6.1 As a one-off purchase that applies for 12 months from the date of payment (or receipt of the LTL Pass if specifically agreed by all relevant parties), cancellation of a LTL Pass is not possible.
6.2 As cancellations, or returns, are not possible, no refunds are available to those wishing to opt out of their annual discount benefits.
7. Availability and delivery
7.1 You will receive your LTL Pass within 30 days of our confirmation of your acceptance to the LTL Pass scheme, unless there are exceptional circumstances. Or you may collect your pass from a participating service.
8. Price and payment
8.1 The price of a LTL Pass will be as quoted on our site from time to time, except in cases of obvious error.
8.2 The cost for a replacement card should you require one will be £5.
8.3 Prices include VAT.
8.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
8.5 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.
9. Participating services and use of your LTL Pass
9.1 On presentation of your LTL Pass, participating services will offer the discounts as described on the reverse of the card, or as listed at http://thecoffeeshed.com/love-the-leys.
9.2 Offers advertised on our site are only available to members who present a LTL Pass. Such offers are not available in conjunction with any other offers that participating services may be running.
9.3 The expiry date of each LTL Pass will vary and may be checked at each participating service. Expired LTL Passes are not accepted by participating services. LTL Passes are strictly non-transferable and can only be used by named members and those in their party, up to the discretion of the participating service. Any attempted misuse of LTL Passes may result in confiscation.
9.4 We will use reasonable endeavours to update our site to show the particulars of participating services and the terms of their availability for participation in the scheme. Participating services may, however, be entitled to withdraw from the scheme 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.
9.5 LTL Pass holders will have the benefit of any additional services which join the club at a later date and any increase in availability of participating services.
9.6 Our printed marketing material is intended as a guide of services who are participating at the time of publication and, therefore, may not include all participating services at any one time.
10. Our liability
10.1 Subject to clause 10.3, if we fail to comply with these terms and conditions, we shall only be liable for the LTL Pass fee.
10.2 Subject to clause 10.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
10.2.1 loss of income or revenue;
10.2.2 loss of business;
10.2.3 loss of profits; or
10.2.4 loss of anticipated savings.
10.3 Nothing in this agreement excludes or limits our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
10.3.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
10.4 Where you purchase food from any participating service, any losses or liability arising out of, or in connection with, such food shall be the relevant participating service’s liability. We accept no liability for any bad experiences or bad food at any of the participating services. We will not become involved in any dispute between you and any service.
10.5 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
11. Written communication
11.1 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. 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.
12.1 All notices given by you to us must be given to The Operations Director at firstname.lastname@example.org. 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 11 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.
13.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
14.1 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.
15. Third party rights
15.1 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.
16 Entire agreement
16.1 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.
17 Law and jurisdiction
17.1 This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.