Our Terms and Conditions
1. THESE TERMS
1.1 These are the terms and conditions on which we sell the ORKA Card to you. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how the ORKA Card works and how it can be used and other important information.
1.2 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 We are ORKA Card Ltd, a company registered in England and Wales with Company Number 1114900. Our address is 51 Warden Hill Road, Cheltenham GL51 3EE.
2.2 You can contact us by writing to us at the above address, emailing us on firstname.lastname@example.org or by completing the Contact Page on our website https://orkacard.co.uk/contact/
2.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 When you purchase a Card, you will also become an Orka Card Member.
3.2 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.3 If we are unable to accept your order, we will inform you of this and will not charge you for the Card. This might be because the Card is temporarily out of stock or because we have identified an error in the price of the Card.
3.4 Our website is solely for the promotion of the Card in the UK.
4.1 The Card will entitle you to perks and discounts at a wide range of independent restaurants, cafes and businesses as listed on our website (Independent Retailers”). It is important that you check the terms and conditions for each Independent Retailer before using your Card.
4.2 The Card is valid for one year from the date of issue.
4.3 The Card is not transferrable, and must be used solely by you. All cards are personalised with your details and you may be asked to present other forms of identification when using the Card (unless you are a business in which case please see clause 4.13)
4.4 If you use your Card at a restaurant
a) it will cover you and up to 4 guests dining with you;
b) It is only available for walk-ins and bookings made directly with the restaurant (not on Open Table or similar booking systems);
c) It is not generally accepted on Bank Holidays, Easter Sunday, Christmas Day, Boxing Day and New Year’s Day or on celebration days such as Valentine’s Day, Mother’s Day, Father’s Day. There may be exceptions and other limitations so please check the website.
d) check the details of the offer on the day you intend to visit the restaurant as offers are subject to change at any time;
e) you must inform the restaurant that you wish to claim the offer before at the time of submitting your order;
f) Only 1 Card can be used per booking.
4.5 The Card cannot be used in conjunction with any other offers unless stated otherwise.
4.6 We are wholly reliant on the information on our website given by the Independent Retailers, and the offers that are stated. We are not responsible if an Independent Retailer does not uphold an offer or withdraws an offer stated on the website.
4.7 We cannot guarantee the inclusion of any business or other services for the entire duration of your Card. Please check the website before visiting a venue to make sure that it remains an Independent Retailer participating in the scheme as shown on the website and what offers and discounts are available on the day(s) you wish to use your Card.
4.8 If you lose your Card, please contact us and we will provide a new card at a cost of £10.00 to cover our administration and postage costs.
4.9 You must not allow anyone else to use your card – please see clause 10, and clause 4.13 where you have purchased the Card in the name of a business.
4.10 We rely on the Independent Retailers to contact us if they wish to be removed from our website. If you are aware of any business which is no longer accepting the Card please let us know via the contact form page on the website.
4.11 There may be limits on the amount of guests, tickets or admissions for other venues per visit and transaction so please check the website.
4.12 The purchase of the Card is an on-going subscription service so your membership is continuous and your membership is renewed automatically at the end of each membership period (12 months). Please see clause 12.5 for more details.
4.13 Where you are acting in the course of a business, the Card will then be personalised with your business details for you to use the Card for your own benefit, or for it to be given and used by customers and clients etc. In this case, it is your responsibility to ensure that the Card is used in compliance with these terms, and any breach by a third party to whom you have given the Card will be deemed your own breach. You should therefore ensure that any part to whom you present a Card is made fully aware of these terms.
4.14 The images of the Card on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Card and the packaging of the Card may vary from that shown in images on our website.
4. THE ORKA CARD
5.1 If you wish to make a change to the Card you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes in price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. YOUR RIGHTS TO MAKE CHANGES
6.1 We may change the Card to reflect changes in relevant laws and regulatory requirements.
6.2 Offers and discounts provided by Independent Retailers are subject to change without notice to you. Please always check the website to see what offers are available.
6. OUR RIGHTS TO MAKE CHANGES
.1 The cost of the Card will be as stated on the website.
7.2 Cards are usually sent out within 7-10 days of receipt of your order.
7.3 We may need certain information from you so that we can supply the Card to you, for example, your or a recipients full name. If this information is incorrectly submitted by you when completing the order form we will supply a new card with the correct details for an additional fee of £10.00 to cover administration and postage costs.
7. PROVIDING THE CARD
8.1 For many items you buy online you have a right to cancel the contract within a cooling off period however, that right does not apply to personalised goods.
8.2 Once you have submitted an order to us, we will personalise the Card with your details, usually within 24 hours of receipt of your order. Therefore, if you cancel within the 24 hour period we will offer to you a full refund of the price you have paid. After that time, as the Card is personalised with your specific details, you cannot cancel the Card or obtain a refund.
8.3 Your membership will automatically renew every 12 months after your initial purchase of the Card and we will send you a new Card, and automatically request payment for the new Card using the details that you have provided to us. Your membership will continue to renew every 12 months unless you cancel your membership as stated in clause
8.4 You can cancel your membership with us at any time up to 2 working days before the expiry date as shown on your Card. Although you will be cancelling your membership with us (and will not receive any further Cards), you will still enjoy the benefit of the original Card until it’s expiry date.
8. CANCELLING A CARD AND MEMBERSHIP
9.1 To end the contract with us, please let us know by doing one of the following:
(a) Email us at email@example.com
(b) Complete the https://orkacard.co.uk/contact/ form on our website.
9. HOW TO END A CONTRACT WITH US
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) we become aware that you have allowed a third party not named on the Card to use it (unless the Card is in the name of a business;
(c) the Card was purchased by you as a business and a third party to whom you have presented the Card has breached any of these terms; or
(d) you breach any other terms and conditions relating to the use of the Card.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will look to you for all losses that we suffer as a result, including loss of profit, loss of trade, loss of business and all other consequential losses.
10. OUR RIGHT TO END A CONTRACT WITH YOU
We hope that you will enjoy the benefits of the Card but if you have any complaints or questions then please contact us using the details set out in Clause 2.
11. IF THERE IS A PROBLEM WITH YOUR CARD
12.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the Card advised to you is correct. However please see Clause 12.3 for what happens if we discover an error in the price of the Card you order.
12.2 We are not VAT registered. If we become VAT registered and your membership automatically renews, at that stage we will add VAT to the cost of the Card.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, errors can occur and Cards can be displayed at the wrong cost. If the Card's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any Cards provided to you.
12.4 Cards must be paid for at the point they are ordered.
12.5 The Card will automatically renew 365 days after purchase, at the prevailing rate at the time of renewal, and you will be sent a new card. We will email you a reminder towards the end of the membership period to advise you of the details of the new membership, how to cancel and the deadline by which this must be done. Cancellations after this date will be subject to a £10.00 fee to cover card and administration fee. We will not be liable for any non-receipt of an email from us. If the Card has already been sent out to you refunds will only be given if the Card is returned to us by recorded delivery within seven days of receipt but we will deduct from the refund the £10.00 fee.
12. PRICE AND PAYMENT
13.1 Subject to clauses 14.3 to 14.5 below, our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Card.
13.2 We are not responsible for any goods and/or services for which a Card can be redeemed at an Independent Retailer, or for the offers and discounts they make, amend or withdraw. The Independent Retailers are solely liable to you for all goods and/or services which it provides to you.
13.3 This clause 14 does not include or limit in any way our liability:
a. for death or personal injury caused by our negligence;
c. for fraud or fraudulent misrepresentation; or
d. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13.4 Where you have purchased a Card as a consumer (i.e. persons not acting in the course of a business) we will not be responsible for any loss of profit, consequential loss or other business loss, howsoever arising.
13.5 Where you have purchased a Card as a business, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded and we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.
13. OUR LIABILITY TO YOU
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14. OTHER IMPORTANT TERMS