Parties to the agreement:
1. 'Barkercard' of Barker Group
2. 'The Cardholder''
Terms and Conditions
1. In this agreement the following words or phrases shall have the meanings indicated:
Card shall mean the discount card issued by the Barker Group from time to time in accordance with these terms and conditions.
Cardholder shall mean the person to whom a card has been issued.
Membership shall mean the holding of a card by the Cardholder.
Discount shall mean such discount as the Cardholder shall be entitled to receive upon the purchase of goods or services from a Barkers branch only or any discount supplier in accordance with the terms and conditions hereinafter provided.
Discount Supplier shall mean such firms, organisations, establishments and businesses as from time to time offer discounts to the Cardholder.
The Annual Fee shall mean such sum as may from time to time be required by the Barker Group for the issue or renewal of the card.
2. The Barker Group may determine the Cardholders membership at any time upon written notice to the Cardholder.
3. All cards remain the property of the Barker Group and must be returned to the Barker Group upon demand and may be retained by any discount supplier or any other person acting on behalf of the Barker Group.
4. In the event of membership being terminated by the Barker Group in accordance with clause 2 above, the Barker Group shall refund to the Cardholder an appropriate proportion of the annual fee to be assessed by reference to the proportion of the years membership unexpired at the date of such termination.
5. The period of membership shall be for one year from the receipt of the annual fee upon the expiry of which membership shall determine unless membership is renewed either: a) by payment of the annual fee then prevailing in response to an invitation to the Cardholder to renew his or her membership or b) automatically if the fee is paid by bankers standing order or direct debit and in either case such renewal shall be on the same terms & conditions as herein contained save as notified to the Cardholder in writing prior to or at the time of such renewal.
6. The Cardholder may at any time cancel his or her membership by notice in writing to the Barker Group. In such an event the card must be returned to the Barker Group with the notice.
7. In the event of the Cardholder cancelling his or her membership in accordance with clause 6 then he or she shall not be entitled to any refund whether full or partial of the annual fee unless such notice is given within 14 days of the commencement of renewal of membership.
8. The Cardholder: a) Must sign the card immediately upon receipt b) Shall not use the card outside the validity period or after the card has been withdrawn or membership cancelled c) shall not assign membership d) shall not use or allow the use of the card to obtain discount by or for any other person e) shall not give sell or otherwise dispose of the card to any other person.
9. If the Cardholder shall at any time be in breach of any of the conditions herein contained: a) Barker Group shall be entitled to determine membership forthwith by notice in writing and require the return of the card and without prejudice to the right of the Barker Group to seek damages or other remedies for such breach b) the Cardholder shall indemnify the barker Group against any loss or expenses suffered by it or any discount supplier arising directly or indirectly out of such breach.
10. No discount supplier shall be required to offer discount to the Cardholder other than upon production of the card and such other identification (if any) as may reasonably be required by the discount supplier.
11. It is hereby declared by the Barker Group and acknowledged by the Cardholder that no warrantee is given by the Barker Group as to the number, identity, location of discount suppliers nor as to the extent of discount that may from time to time be offered by discount suppliers nor as to any period or times during which the discount will be offered.
12. The Barker Group hereby agrees to provide a regular newsletter providing up to date information upon current participating discount suppliers.
13. For the avoidance of doubt it is hereby declared and agreed that the Barker Group shall not be party to any contact or other arrangement between the discount supplier and the Cardholder for the supply of goods, services or credit by the discount supplier to the Cardholder.
14. The Barker Group reserves the right to assign or subcontract all or any of its rights and obligations hereunder without prior notice or consent.