1.1.

Use of the words Us, We, Our and TopNosh means TopNosh Marketing Ltd, TopNosh.com and TopNoshCampus.com.

1.2.

You and Your refers to you as a subscribing annual member or a potential subscribing member who has a valid membership or free trial membership of the TopNosh discount dining club.

1.3.

TNDC means the TopNosh Dining Card and refers to either a plastic or a virtual membership card available on compatible smartphones accessed via the iNosh application.

1.4.

Websites mean www.topnosh.com and www.topnoshcampus.com.

1.5.

The ‘Application’ iNosh shall mean the software provided by TopNosh Marketing Ltd (‘TopNosh’) offering discount dining services related to topnosh.com and topnoshcampus.com and running on Apple iOS and Android OS devices.

2.1.

TopNosh Marketing Limited, trading on the Internet as TopNosh.com and TopNoshCampus.com, operate on-line membership based restaurant discount dining clubs. Restaurants participating in the scheme have agreed to provide discounts to TNDC members provided TopNosh members identify themselves as members at the time they book, and by presenting a current valid in-date TNDC membership card on arrival at the restaurant.

2.2.

Memberships can be purchased via the TopNosh websites.

2.3.

Members can opt for a Standard Membership (package incudes full website access, personalised plastic card including members name, membership number and expiry date) or i-membership (package includes full website access, iNosh smartphone application access including virtual membership card including members name, membership number and expiry date).

2.4.

i-Membership users can access the iNosh by linking their smartphone to their TopNosh membership by using their username password to login. The iNosh application is available as a free download and available for both Apple and Android operating systems. (See clause 12 and 13 for application functionality)

2.5.

All participating restaurants are featured on the TopNosh websites and iNosh application. All members of the public can access the website to view all restaurants participating prior to joining. Each restaurant can be viewed in a format that shows its name, address, cuisine style, photographic image and details of the offer being made.

2.6.

On joining, and having paid the agreed annual fee, members can login using their username and password, issued by TopNosh, to gain access to the TopNosh member only area.

2.7.

Once logged in members can view further details of the restaurants, full descriptive copy, further images, location map, reviews and be informed of any short-term tactical offers being made by restaurants. Members can also build their own personal favourites file and also create their selection of restaurants where they live, where they work and where they play.

3.1.

On receipt of your request for annual membership and following successful authorisation of your credit or debit card for the agreed annual membership fee, you will immediately receive an email from TNDC confirming your membership. The email will provide you with a username and password enabling you to login to the TNDC members area of the website. TopNosh does not store or retain your credit or debit card details.

3.2.

In applying for TopNosh membership you confirm and warrant you are legally able to enter into a financial contract for membership of TopNosh and that you are at least 18 years old.

3.3.

Members with a compatible smartphone who have downloaded the free iNosh application can link their smartphone to their TopNosh membership. Once linked, the application provides an on-screen virtual membership card (see clause 13 of the application user agreement)

3.4.

Standard membership – this includes full website access, TopNosh membership card (this will be posted to you). Members will receive a welcome folder and personalised plastic membership card, despatched via Royal Mail within 5 working days from confirmation of membership. i-membership – this includes full website access, iNosh smartphone app (including virtual card)

3.5.

Your annual subscription for the TNDC is an on-going subscription. Your TNDC annual membership will be automatically renewed at the end of your membership year. An e-mail reminder of your annual renewal subscription will be sent to you approximately 3 weeks prior to your renewal date giving you full details of your subscription. Should you wish to cancel your annual subscription you must inform us at least 10 days prior to your renewal date (see clause 7 below - cancellation of membership) TopNosh does not retain or store your credit /debit card details.

3.6.

On-going subscriptions do not apply to free trial or gift memberships. Free trial and gift members will need to re-join once their free trial and gift membership period has lapsed. e-mail reminder of your renewal subscription will be sent to you approximately 1 week prior to your renewal date

3.7.

Members are required to keep their member profile up to date with their personal details. Should you change your address (either your email or home address) you must inform TNDC.

3.8.

TNDC we will not be liable for non-receipt of communications sent to you including details of your membership renewal. You can update your personal details whenever you wish to by logging in to your member profile account.

4.1.

The cost of annual membership is quoted on the TopNosh websites. All prices quoted are inclusive of VAT. Cost of membership may change from time to time, however any change will not affect membership where an annual fee has already been agreed.

4.2.

On joining TNDC for the first time you are entitled to a 14-day cooling off period during which you are entitled to cancel your membership. Should you decide to cancel within this cooling off period you must inform TNDC via TopNosh.com or TopNoshCampus.com by logging into your members profile page and selecting the ‘Cancel Subscription’ link.

4.3.

Cancellation within the cooling off period will be dealt with as follows: (i) Standard membership members (website and membership card) must return a complete membership welcome pack containing the issued membership card. Returning the membership pack is at the members cost. On receipt of the welcome pack, TNDC will refund the annual fee paid less a £10.00 administration charge. You must return your welcome pack by recorded signed postal service. Proof of posting will not be accepted as proof of delivery. Returns must be sent to TopNosh, PO Box 715, Rickmansworth, Herts, WD3 0HB (ii) i-Membership members (website and iNosh smartphone application) on receipt of your request to cancel your membership we will de-activate your membership and refund your membership fee paid less a £5.00 administration charge. Should you wish to cancel your membership after the cooling off period there is no entitlement to any refund related to any unexpired portion of your annual TNDC membership.

4.4.

Your on-going membership will be automatically renewed at the end of your membership year and reminders will be sent to you approximately 3 weeks prior to your renewal date. Should you decide to cancel your membership please go to TopNosh.com /TopNoshCampus.com, log in and go to your membership profile page and click on the ‘Cancel Subscription’ link and proceed as instructed. This must be done at least 10 days prior to your renewal date. This excludes free trial and gift memberships – see clause 3.6 above

5.1.

Should you lose your membership card we will replace your card on payment of a £10.00 administration charge.

5.2.

To report your loss just go to TopNosh.com or TopNoshCampus.com log in to the members area, go to your membership profile page and click on ‘Lost Card’ and proceed as instructed.

5.3.

For i-membership users, if you lose your phone or change it for a new one, you may import your membership to the new handset. You may do this once during any 12 month period. If you lose your phone more than once, please contact TopNosh for help.

6.1.

Restaurant discount offers advertised on TNDC websites are available to TNDC members who book and inform the restaurant of their TopNosh membership and present a valid membership card to the restaurant on arrival.

6.2.

The TNDC discount offers apply to the a la carte menu and main menu and cannot be used in conjunction with any other offer or special menu being offered by a restaurant at the time of your visit unless otherwise agreed by any individual restaurant at the time of your visit.

6.3.

The discount offers are available to TopNosh members provided a valid and current in date TNDC card is presented to the restaurant – expiry dates will be checked.

6.4.

Restaurants are advised to confiscate and inform TNDC of out of date cards.

7.1.

We will regularly update our websites to show full details of all participating restaurants, the offers being made and their availability. Restaurants have the right to amend their offer, its availability or indeed withdraw from the programme altogether at any time.

7.2.

TNDC will not be held responsible for any amendments made to offers or for the withdrawal of restaurants from the programme. Members have the benefit of new restaurants that join or existing restaurants that improve their offering to TopNosh members.

7.3.

All information contained on our websites, and all restaurant discount offers made are provided in good faith. You agree that we are not responsible or liable for any of the benefits provided by participating establishments. Neither ourselves nor any director, officer, agent, representative or employee will be liable for damages arising out of the use of our website. If we fail to comply with these terms and conditions we shall only be liable to you for the membership fee you paid to become a TopNosh member.

7.4.

In no event do we accept liability of any description, including liability for negligence from the use of, or the inability to use, our website. We do not warrant that the website or linked websites are free from computer viruses or other malicious programmes. The website may contain typographical or other inaccuracies. We make all possible efforts to keep all entries up to date but do not accept any responsibility for any failure to do so.

8.1.

We use all reasonable endeavours to ensure that the data and information on the TopNosh website(s) is accurate and we undertake to correct any errors as soon as practicable after being informed of them. In relation to third party goods and services we do not vouch for such persons, companies and others whose goods or services that may be accessed or displayed on the website.

8.2.

We take no responsibility for poor service or food at any of the restaurants. We will not become involved in any dispute between any member and any restaurant.

9.1.

As part of its marketing and promotion strategy TNDC will issue temporary short-term free trial memberships. Such memberships may be for periods of 4 weeks or more, and will allow free trial members to sample TNDC services free of charge. Such memberships will be issued for limited periods and will be as described in clauses 9.2 and 9.3

9.2.

Free trial ‘standard membership’ includes full website access and printed membership card. Members will receive a welcome letter and personalised membership card, despatched via Royal Mail within 5 working days of their trial membership registration. Such memberships will lapse at the end of the trial membership period. All trial members will be offered full membership prior to the end of their free trial period. A mobile phone is required to activate and validate the standard free trial membership. TNDC will send applicants an SMS code to be input into the on line registration form to validate the trial membership. A small fee of £0.50p will be charged using the ImpulsePay system to cover administration, postage and packing costs.

9.3.

Free trial ‘i-membership’ includes website access, iNosh application and virtual membership card. Free trial i-memberships require a compatible smartphone running Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3. Members can then link their smartphone to their TopNosh trial membership. Once linked, the application provides an on-screen virtual membership card with an expiry date in line with the free trial period. Prior to the end of the trial period such members will receive a membership upgrade offer. Virtual membership cards will be de-activated at the end of the trial period should a trial membership not be upgraded. A mobile phone is required to activate and validate the free trial i-membership service. TNDC will send applicants an SMS code which needs to be inputted into the on line registration form to validate the trial membership. This will cost the standard local sms charge. See clauses 12 and 13 for full application details.

10.1.

On registering with TopNosh you will be issued with a username and password. This must be used in order to access the members only area on the TopNosh website and applications.

10.2.

The username and password are personal to you and are not transferable.

10.3.

You are personally responsible for all postings and other activities on the TopNosh websites using your user name and password. Any breach of security of a user name and password must be notified to us immediately.

11.1.

We are committed to protecting your privacy.We do not sell your personal information to others. We do not share your information with companies other than our own associated companies.

11.2.

We have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect. We collect and use information supplied by you and others to improve and personalise your experience as a TopNosh member when you visit the websites.

11.3.

We may also use it to advise and inform you and any friends you have introduced to us, of improvements and changes in our services or about features and developments we think you and your recommended friends may find useful and interesting. By introducing a friend you are consenting for us to approach and communicate with them.

12.1.

The iNosh application is available as a free download and available for both Apple and Android operating systems.

12.2.

The application provides access and details of all participating TopNosh partner restaurants providing discount dining throughout the UK and Ireland. Restaurants can be viewed in a format that shows its name, address, cuisine style, full descriptive copy, photographic image, location map, reviews and details of any offer being made including short-term tactical offers. iNosh users can build their own personal favourite files, create their own selection of restaurants where they live, where they work and where they spend their leisure time. Participating restaurants have the right to amend their offer, its availability or indeed withdraw from the programme altogether.

12.3.

TopNosh will not be held responsible for any amendments made to offers or for the withdrawal of restaurants from the programme. iNosh users have the benefit of new restaurants that join or existing restaurants that improve their offering to iNosh users.

12.4.

All information contained on the iNosh application, and all restaurant discount offers made are provided in good faith. Applications users agree that TopNosh are not responsible or liable for any of the benefits provided by participating establishments. Neither TopNosh nor any director, officer, agent, representative or employee will be liable for damages arising out of the use of the iNosh application.

12.5.

In no event does TopNosh accept liability of any description, including liability for negligence from the use of, or the inability to use the application. TopNosh does not warrant that the iNosh application or linked websites are free from viruses or other malicious programmes. The iNosh app may contain typographical or other inaccuracies. TopNosh make all possible efforts to keep all entries up to date but do not accept any responsibility for any failure to do so.

13.1.

Existing members of the TopNosh dining club may use the virtual membership card facility within the application by inputting their TopNosh username and password to link the iNosh application with their TopNosh membership.

13.2.

Once linked, the application provides a virtual TopNosh membership on screen. The virtual card is visually the same as the standard TopNosh plastic membership card showing members name, membership number and expiry date.

13.3.

Restaurants may use the verification button to check the cards validity.

14.1.

Content of the iNosh application is provided without warranty and whilst the application is downloaded from the app store, TopNosh confirms that the application is not, in any way whatsoever, sponsored by or associated with Apple or its affiliates. In addition, the company TopNosh confirms that it is not, in any way whatsoever, associated or affiliated with Apple or its affiliates.

14.2.

TopNosh further confirms that it is solely responsible for the maintenance and support of the iNosh application.

14.3.

Application support can be reached by going to www.topnosh.com/inosh

15.1.

All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by TopNosh.

16.1.

You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.

16.2.

The Application is currently made available to you free of charge for your personal, non-commercial use. TopNosh reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these appterms, at any time and for any reason.

16.3.

You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

16.4.

If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application

17.1.

This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. TopNosh will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside TopNosh reasonable control.

17.2.

TopNosh, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

18.1.

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

18.2.

The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.1 up to OS 2.3.

18.3.

The version of the Application software may be upgraded from time to time to add support for new functions and services.

19.1.

TopNosh may terminate use of the Application at any time by giving notice of termination to you

19.2.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.

20.1.

In no event will TopNosh be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.

20.2.

TopNosh is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.

20.3.

Nothing in these Appterms shall exclude or limit TopNosh’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.

21.1.

To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, TopNosh hereby disclaims all implied warranties with regard to the Application. The Application and software are provided "as is" and "as available" without warranty of any kind.

22.1.

The copyright of all material within the TopNosh websites, including the website design, text and graphics, the underlying source code and software belongs to TopNosh its subsidiaries or the providers of such information.

22.2.

All rights are reserved. None of this material may be reproduced or redistributed without our written consent. You may however download or print a copy for your own non-commercial off line viewing.

22.3.

Specifically in relation to the iNosh application content, TopNosh recognises that in the event of any third party claim that the licensed application(s) and use of the application(s) infringes that third parties intellectual rights, it is TopNosh not Apple who will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.