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Use of the words Us, We, Our and TopNosh means TopNosh Marketing
Ltd, TopNosh.com and TopNoshCampus.com.
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.
TNDC means the TopNosh Dining Card and refers to either a plastic
or a virtual membership card available on compatible smartphones accessed via the
Websites mean www.topnosh.com and www.topnoshcampus.com.
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.
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.
Memberships can be purchased via the TopNosh websites.
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).
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)
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.
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
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.
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.
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.
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
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)
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.
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
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.
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.
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.
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.
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.
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
Should you lose your membership card we will replace your card on payment of a £10.00
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.
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.
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.
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.
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.
Restaurants are advised to confiscate and inform TNDC of out of date cards.
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.
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.
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.
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.
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.
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.
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
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
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.
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
The username and password are personal to you and are not transferable.
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.
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
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.
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.
The iNosh application is available as a free download and available for both Apple
and Android operating systems.
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.
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
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.
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.
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.
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.
Restaurants may use the verification button to check the cards validity.
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.
TopNosh further confirms that it is solely responsible for the maintenance and support
of the iNosh application.
Application support can be reached by going to www.topnosh.com/inosh
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.
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.
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.
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
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
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.
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.
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
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.
The version of the Application software may be upgraded from time to time to add
support for new functions and services.
TopNosh may terminate use of the Application at any time by giving notice of termination
Upon any termination, (a) the rights and licenses granted to you herein shall terminate;
(b) you must cease all use of the Software.
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.
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.
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.
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.
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.
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.
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.
do we collect?
We collect email addresses and information you provide such as your name, geographical
address and other personal information when you join as a member of the TopNosh
Discount Dining Club.
From time to time you may provide further information, for example if you make a
further purchase, introduce friends or purchase a membership as a gift for a family
member or a friend or enter a competition or just introduce a friend or friends
to the TopNosh offering. We will store this information.
Cookies enable us to gather information from visitors to TopNosh.com websites such
as the IP address accessing the site,the type of browser and operating system used
to access the site, the date and time of the access to the site and the pages visited.
Cookies are small files that many web sites transfer to your hard disk. They can
inform the web site what pages you visit, and your preferences, which enable web
sites to provide you with a more personalised service. You can set your browser
parts of our site can be accessed even if your cookies are turned off. But you may
find there are parts of the site that you cannot access if your cookies are turned
How do we use
We use the information to help us understand more about how our web site is used,
to improve our site, and to send you information about us, and our services, that
we think may be of interest to you, electronically or otherwise. To verify you are
a subscriber and to deliver the online services to you.
Unless you have informed us that you do not wish to receive further information
about our services and those of affiliates and partners, we and they may communicate
When do we share
We do not sell your personal information to others. We do not share your information
with companies other than our own associated companies. A number of other company/people's
web sites have links on our site. If you link to their sites, they may collect information.
Such sites are not within our control and are not covered by this privacy statement.
If we believe that your use of the site is unlawful or damaging to others, we reserve
the right to disclose the information we have obtained through the site about you
to the extent that it is reasonably necessary in our opinion to prevent, remedy
or take action in relation to such conduct.
All personal and credit card information you provide is encoded using Secure Sockets
Layer (SSL) technology before being sent over the Internet. To protect your data
further, your credit card information is always stored in encrypted form in a database
that is away from our Web site database, so it isn't connected to the Internet.
Credit card transactions are issued a digital certificate, ensuring that your data
can only be read by our transaction system as long as your browser shows its secure
mode symbol (such as a key or closed lock).
All materials on this web site are the copyright of TopNosh or are reproduced with
permission from other copyright owners.
All rights are reserved. The materials on this web site may be retrieved and downloaded
solely for personal use.
No materials may otherwise be copied, modified, published, broadcast or otherwise
distributed without the prior written permission of TopNosh.
TopNosh makes no warranties or representations of any kind concerning the accuracy
or suitability of the information contained on this web site for any purpose. All
such information is provided "as is" and with specific disclaimer of any warranties
of merchantability, fitness for purpose, title and/or non-infringement. TopNosh
makes no warranties or representations of any kind that the services provided by
this web site will be uninterrupted, error-free or that the web site or the server
that hosts the web site are free from viruses or other forms of harmful computer
code. In no event shall TopNosh, its employees or agents be liable for any direct,
indirect or consequential damages resulting from the use of this web site. This
exclusion and limitation only applies to the extent permitted by law and is without
prejudice to any express provisions to the contrary in any written license or subscription
agreement from TopNosh in respect of the use of any online service provided via
this web site.
TopNosh provides links to other web sites in good faith, and are for information
TopNosh disclaims any responsibility for the materials contained in any web site
linked to this site.
Portions of this site may allow users to post their own material. Materials posted
by users do not necessarily reflect the views of TopNosh. By posting materials on
this site, you confim that you have all necessary rights in, and to, such materials
and that such materials will not infringe any personal or proprietary rights of
any third parties, nor will such materials be defamatory, unlawful, threatening,
obscene or otherwise objectionable.
TopNosh reserves the right, at its sole discretion, to review, edit or delete any
material posted by users which TopNosh deems defamatory, unlawful, threatening,
obscene or otherwise objectionable. Not withstanding the foregoing, TopNosh expressly
disclaims any responsibility or liability for any material communicated by third
parties through this web site.
All the above is under constant review and our expressed policy may well be up dated
in response to on-going queries and comments from members. If you, as a member,
Sale and Transfer
In the event of a sale, merger, consolidation, change in control, transfer of substantial
assets, reorganisation or liquidation, we may transfer, sell, or assign to third
parties information concerning your relationship with us.
Your Details and
You can request us to provide you with details of personal information we hold about
you. On payment of a £15.00 administration fee we will provide you with details
of information we hold about you.
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