1. Unless otherwise agreed in writing each Westclub card will be valid for a period expiring on the expiry date detailed on the card.
2. The program is personal to the holder of each card (the “cardholder”) and no person may use the card to obtain any of the benefit opportunities associated with that card unless that person is registered with Westclub as being the holder of that card and their name appears on the card.
3. Each Westclub card will be personalised either to the person who pays the card fee or to his/her or their nominee.
4. In the case of a card being issued to a person other than the person who pays the card fee, then the person Company or Club which pays the card fee shall nominate one person to be the cardholder in respect of each Westclub card to be issued and the person paying the card fee shall provide Westclub with the name address and (where they have one) the email address of each cardholder.
5. Westclub will from time to time negotiate certain benefit opportunities for and on behalf of Westclub cardholders with various suppliers of goods and services (“the Suppliers”) on the basis that the Suppliers will agree to make certain benefit opportunities available to Westclub cardholders.
6. Details of the benefit opportunities which the Suppliers have agreed with Westclub to offer to WestClub cardholders will be published by Westclub in the form of a Westclub Directory (the “Directory”) and a Westclub Website (the “Website”) which may be amended and updated from time to time by Westclub in their complete discretion.
7. Each cardholder will have the right to utilise the sections of the Website deemed appropriate by Westclub on the terms and conditions established by Westclub from time to time in its complete discretion.
8. The holding of a Westclub card is intended to provide each cardholder with benefit opportunities but in each and every case each cardholder must rely on the cardholders own enquiries in deciding whether to make any form of arrangement with any of the Suppliers.
9. Each cardholder must on each and every occasion that the cardholder uses a Westclub card declare to the Supplier prior to making the said arrangement and prior to enjoying any of the Suppliers goods or services that the cardholder is intending to use the Westclub card to obtain a benefit from the Supplier so that the Supplier is aware that the cardholders Westclub benefit will be sought in the transaction before the Supplier enters into any arrangement with the cardholder.
10. Every arrangement made between any cardholder and any Supplier will be a separate contract between those parties alone and neither Westclub nor the person Company or Club which may have acquired any card for any cardholder will be a party in any way to any such arrangement.
11. Neither Westclub nor the person Company or Club which may have acquired any card for any cardholder has given nor will give any form of guarantee or warranty in respect of any form of arrangement between any cardholder and any Supplier.
12. Neither Westclub nor the person Company or Club which may have acquired a card for any cardholder makes any representation about the qualifications experience or expertise of any Supplier or the quality merchantability or fitness for the purpose of any quality of any goods and/or services supplied by the Supplier as a result of the Supplier being included in the Westclub programme.
13. Westclub will use its best endeavours to encourage all of the Suppliers to at all times provide the benefit opportunities described in the Directory and the Website to Westclub cardholders but can give no guarantee that this will in all cases happen and if it does not Westclub shall have no liability whatsoever to the cardholder.
14. Westclub cardholders must comply with all dress and behavioural standards reasonably required by the Suppliers at all times and also adhere to the Suppliers other normal trading terms and conditions and do all acts and things as may reasonably be required of them by the Supplier in order to ensure that the cardholder receives the benefit opportunity that the Supplier has agreed with Westclub to offer to Westclub cardholders.
15. The terms and conditions attached to the Westclub card and all and sundry the details in the Directory and the Website may be amended in any way and at any time and from time to time by the Directors of Westclub in their complete discretion and without any notice to cardholders.
16. Every Westclub card always remains the property of Westclub.
17. The rights benefits and privileges attached to each card will be in accordance with these Conditions of Use which may be amended at any time and from time to time by the Directors of Westclub in their complete discretion.
18. The terms and conditions attached to Westclub cards and the details in the Westclub Directory the Website and the supplementary information sheets may be changed by the Directors of Westclub from time to time at their discretion and the only notice of the same that will be provided to cardholders will be given by posting the same on the Website.
19. The card Fee is inclusive of Goods and Services Tax.
20. Any exercise of discretion by Westclub or its Directors will be made reasonably and any dispute between the parties as to the reasonableness of an exercise of discretion shall be referred to Arbitration.
21. No loss whatsoever which may be suffered by any holder of any WestClub card in any respect shall be claimable against WestClub or its Directors or Shareholders to the extent of that claimed loss shall exceed the amount actually paid by or on the cardholders behalf to WestClub to purchase the cardholders then current WestClub card.