Interpretation

“Epworth House” means Epworth House, Stuart Street, Derby DE1 2EQ

“Membership Card” means a Membership card obtained directly from MHA.

“MHA” being Methodist Homes which is a registered charity (Charity Number 1083995) incorporated under the Companies Acts as a company limited by guarantee (Company Number 04043124), having their registered office at Epworth House

“MHA Live at Home” means the Live at Home schemes that form part of MHA referred to collectively and includes any future changes of name for such schemes (if applicable)

“Retailer” means a restaurant, store or other provider of goods and/or services whether local or national who is registered to accept a Membership Card.

“You” or “you” means a recipient of a Membership Card (who shall be a person recognised as a member of MHA Live at Home).

1. Introduction

1.1 The terms and conditions set out below apply to the provision to you by MHA of the Membership Card and the use by you of your Membership Card.

1.2 Please read these terms and conditions carefully.

1.3 Once you have received your Membership Card you signify your agreement to be bound by these terms and conditions by using your Membership Card.

1.4 The Membership Card is provided to you with offers based on the information supplied to us by the Retailers and deals offered to local Live at Home schemes by them.  MHA reserves the right immediately and without notice to cancel your Membership Card at its absolute discretion for any reason.

1.5 MHA has no legal relationship with the Retailers and provides the Membership Card separately from the Retailers through independent negotiations with them.

1.6 MHA reserves the right to amend these terms and conditions at any time by sending out a notice in writing to you at your home address.

1.7 Please note that the Membership Card has no monetary value, it is not a reward card and there is no accumulation of points and it is not credit card, debit card, cheque guarantee card or savings account card.

2. Delivery of the Membership Card

2.1 The Membership Card will be delivered to you by your local Live at Home scheme following your request as soon as reasonably practical unless there are exceptional circumstances.

2.2 The Membership Card will be valid until withdrawn by MHA or such a time as the recipient ceases to be a member of MHA Live at Home scheme.

3. Using your Membership Card at Participating Retailers

3.1 MHA will use reasonable endeavours to maintain a list of those Retailers participating in the Membership scheme. MHA does not warrant that any Retailer remains a participant or will accept a Membership Card. 

3.2 Subject to these terms and conditions, on presentation of your Membership Card, participating Retailers will offer the agreed and publicised benefit as the case may be.  Retailers reserve the right to refuse the Membership Card and the application of any Membership Card for some or all of their goods and/or services at their absolute discretion.

3.3 Please check the terms and conditions of the particular offer you are interested in before making a purchase.

3.4 Where a Retailer requires you to pre-book (e.g. hairdresser, restaurant) you should state at the time of booking that you intend to use the Membership Card.

3.5 At a Retailer where you pay for goods or services after use (e.g. hairdresser, restaurant), with or without pre-booking, you should inform the Retailer that you intend to use the Membership card prior to the receipt of relevant goods/services.

3.6 In all other circumstances you must inform the Retailer that you have a Membership Card immediately prior to the point of purchase (e.g. at the till). You are not required to make an associated purchase or minimum spend when using the Membership Card.

3.7 The use of your Membership Card may not be available in conjunction with any other offers participating Retailers might be running.

3.8 You must sign your Membership Card.  Your Membership Card can only be used by you. Your Membership Card is strictly non-transferable and so cannot be used by either friends or family members who do not reside with you or other third parties. Participating Retailers may ask you to show photo identification such as a driving licence or passport to confirm that you are permitted by law to make any acquisition. Any attempted misuse of the Membership Card will result in cancellation of the card.

3.9 Participating Retailers are entitled to withdraw their offer or change the terms and conditions of their offer from time to time. MHA Auchlochan shall have no liability for any such withdrawals or changes in their terms and conditions.

3.10 MHA will not be responsible for any indirect losses, consequential, exemplary, special or punitive damages, lost opportunities, loss of profits, anticipated profits, actual or anticipated savings. Where you make a purchase using your Membership Card any losses or liability arising out of or in connection with such purchases shall be the relevant participating Retailer’s liability. MHA does not accept liability for unsatisfactory experiences or any failure by the participating Retailers to deliver expected goods or services or the quality thereof.

4. Lost Membership Cards

In the event that you lose your Membership Card, this must be reported to your local Live at Home scheme and a replacement Membership Card will be provided as soon as possible at the time of reporting.

5. Liability

5.1 MHA will not be responsible for any claims, loss or expense, loss of actual or anticipated profits, loss of opportunities,  loss of goodwill, loss of actual or anticipated savings (whether any of the foregoing are direct, indirect or consequential loss or damage);

5.2 Where you receive services and/or purchase goods from any Retailer, such transaction is between you and the Retailer, and MHA shall have no liability arising out of, or in connection with, the provision of such services/ goods. MHA accepts no liability for the quality or otherwise of any goods or services supplied by the Retailers. This particularly applies to those with allergies or other special food requirements. These should be brought to the attention of the participating restaurant, but we cannot be responsible for their response, actions, errors or omissions.

5.3 MHA will not be under any obligation to become involved in any dispute between you and any participating Retailer. Any complaints should be taken up with the participating Retailer.

5.4 MHA does not give any warranty for any goods or services purchased with use of the Membership Card.

5.5 MHA do not give warranty for any goods or services displayed on the information leaflet.

6. Waiver

Failure by MHA to enforce any of these terms and conditions will not prevent them from subsequently relying on, or enforcing, them.

7. Severability

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 served from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

8. Third Party Rights

A person who is not party to these terms and conditions shall have no rights under or in connection with it under the Contract (Third Party Rights) Act 1999.

9. Entire Agreement

9.1 These terms and conditions constitute the whole agreement between us and supersede all previous discussion, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions.

9.2 Each of the parties agrees that it has not entered into these terms and conditions 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 and conditions or not) other than as expressly set out in these terms and conditions.

10. Law and Jurisdiction

This agreement shall be interpreted in accordance with the law of England and Wales law and will be subject to the exclusive jurisdiction of the courts of England and Wales.