Club Terms and Conditions

 

Definitions

Agreement: means these terms and conditions as varied by Us from time to time;

Benefits: means tickets related to events and experiences, discounts, vouchers, Club-Cashback, and other digital content provided by Retailers;

Care: means the help available to deal with Your Club related queries via email at care@mclear.club;

Club: means the membership club offer that allows You to access the Benefits. You may access the Club using the Mobile App or the Website, and You will need an active internet connection to do so;

Club-Cashback: means a cash benefit generated within the Club that is paid to You;

Club Member: means an individual who has paid their Membership Fee and is a member of the Club.

Data: means all the personal information that You submit to Us via the Club and/or the Website. This definition incorporates, where applicable, the definitions provided in the Data Protection Laws;

Data Protection Laws: means any applicable law relating to the processing of personal Data, including but not limited to the Directive 96/46/EC (Data Protection Directive) or the GDPR, and any national implementing laws, regulations and secondary legislation, for as long as the GDPR is effective in the UK;

Funding Source: means the payment card registered with the Payment Service Provider that You use to fund Your Payment Device;

Free Trial Period: means the period of time You may access the Club as part of a special promotional activity;

GDPR: means the General Data Protection Regulation (EU) 2016/679;

Membership Fee: means the fee charged by the Payment Service Provider for being a Club Member for a month. During the Free Trial Period the Membership Fee charged is zero;

Mobile App: means the mobile application provided by Your Payment Service Provider;

Payment Service Provider: means PayrNet Limited (authorised and regulated by the Financial Conduct Authority with FCA firm reference number 900594) ("PayrNet"), and Mclear Ltd (Company Number 08308520) which is an e-money distributor and co-brand partner of PayrNet ("McLEAR"). PayrNet's registered office is Kemp House, 142 City Road, London, UK, EC1V 2NX. McLear's registered office is Steel House, 13-17 Princes Road, Richmond, Surrey, TW10 6DQ;

Payment Device: means the payment card or ring, or some such other form-factor, provided by Your Payment Service Provider;

Retailer: means an independent third-party supplier that provides online and/or instore Benefits;

Rokami, We, Us, or Our: means Rokami Ltd, a company registered in England with number 11368315 and whose registered office is at St Michaels, Shinfield Road, Shinfield, Reading, Berkshire, RG2 9BE;

Website: means the website www.ringpay.plus;

You: means the person entering into this Agreement with Us.

 

The Club

1. You agree that Your use of the Club is regulated by the terms and conditions set out in this Agreement.

2. You must be a Club Member to use the Club and access the Benefits.

3. The Club provides You with access to thousands of discounted Benefits from carefully selected Retailers.

4. The Club also includes the ability for You to earn Club-Cashback when You buy something online from certain Retailers. The Club-Cashback generated is either a percentage of the amount that You’ve spent with the Retailer, or a fixed sum. If You buy something for £40 online with Club-Cashback of 6%, You pay the Retailer £40, and £2.40 is credited to your Club-Cashback account. Club-Cashback is subject to the terms and conditions listed by each Retailer providing the Club-Cashback. Your Club-Cashback transactions will appear in the ‘My Account’ section of the Club as either “pending” or “confirmed”, and may be withdrawn by You once confirmed. You can transfer Your confirmed Club-Cashback to Your bank, or spend it in the Club, and You must complete this transfer whilst a Club Member. If You do not transfer Your confirmed Club-Cashback to Your bank before Your membership expires, You may contact Care, who will provide You with temporary access to the Club for the purposes of transferring Your confirmed Club-Cashback to Your bank. You will be unable to withdraw any pending Club-Cashback once Your membership has expired.

5. You agree that Your Club membership is personal to You for non-commercial use, and only You will access the Benefits.

6. You agree to pay the Membership Fee to be a Club Member. The Membership Fee is displayed in the Mobile App and on the Website.  

7. Once You become a Club Member Your Club membership will continue until You cancel it. You may cancel Your Club membership at any time in the Mobile App or on the Website.

8. If You become a Club Member part-way through a month, Your membership will be extended to the end of the next calendar month to ensure You retain access to the Benefits for at least a whole month.

9. You authorise the Payment Service Provider to charge Your Funding Source the Membership Fee on the first day of each new month until You cancel Your Club membership. You stop being a Club Member at the end of the calendar month that You cancelled Your Club membership.

10. You remain responsible for any uncollected Membership Fees. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel Your Club membership, We may suspend Your access to the Club until You have successfully paid any outstanding Membership Fees.

11. As part of a special promotion, You may be given a referral code that provides You with a Free Trial Period. At the end of the Free Trial Period, You authorise the Payment Service Provider to charge Your Funding Source the then current Membership Fee on the first day of the new month following the end of the Free Trial Period. The Membership Fee is displayed in the Mobile App and on the Website.

12. Your Membership Fee is non-refundable in all circumstances 

13. The Membership Fee may change from time to time, and You will be given at least a month’s notice before the changes take effect.

14. Any special Retailer terms and conditions relating to the Benefits will be displayed in the Mobile App and the Website.

15. When You purchase a Benefit from the Club, all matters, including but not limited to delivery of goods and services, returns, and warranties, are solely and strictly between You and the Retailer. Neither Rokami nor the Payment Service Provider are a party to any sales contract between You and the Retailer. Cancellation of sales contracts with Retailers should be addressed with the Retailer directly.

 

Your Data

16. You agree that We can use Your Data in accordance with this Agreement. The Club Privacy Policy forms part of this Agreement.

17. You must notify Us immediately of any change of Your Data by updating Your Data in the Mobile App.

18. You agree that We may communicate with You through the Mobile App, by email, or other electronic communication methods for issuing any service information about the Club. 

19. You can tell Us if You want to receive marketing materials about new Club products and services when You register for the Club, or at any point thereafter, using the Mobile App.

20. All Club and Website content is owned by Us, the Payment Service Provider, or Our associated third-party suppliers and Retailers, and is protected by Intellectual Property and trademark laws. No use of the Club or the Website content is permitted without the express prior permission of Rokami, and, where applicable, the copyright or registered trademark holder.

21. You agree not to misuse the Club by introducing viruses, trojans, worms, logic bombs, or other material which is technologically harmful; attempt to gain unauthorised access to the Club, or any server, computer or database connected to the Club; or attack the Club via a denial-of-service attack or a distributed or malicious denial-of service attack.

22. You agree to keep Your access details for use with the Club confidential. You agree to notify Care immediately if You believe that such information is no longer secret. You agree not to permit any person to access the Club for any unauthorised purpose that would constitute a breach of this Agreement.

23. We reserve the right to modify or suspend all or any part of the Club at any time with or without notice.

24. We reserve the right to revoke Your access to the Club without notice at any time if You fail to adhere to any of the terms set out in this Agreement.

25. You have a right to receive an emailed electronic copy of the Data that We hold about You. For further information, please contact the Care team.

 

Our Liabilities

26. You acknowledge that We do not endorse or warrant the Retailers that are accessible through the Club, nor the Benefits that they provide.

27. We shall not be liable for any loss or damage incurred as a result of any interaction between You and a Retailer accessible through the Club.

28. We shall not be liable for any default resulting directly or indirectly from any cause beyond Our control, including the failure of data processing systems, or the failure of the systems of any of Our third-party suppliers.

29. Nothing in this Agreement shall exclude or limit Our liability for death or personal injury resulting from Our negligence or fraud. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

30. Subject to clause 29, We shall not be liable for any loss of profit, business, contracts, anticipated savings, goodwill or revenue; any loss or corruption of data or software; any unavailability of the Club resulting from a failure of any independent third-party telecommunications provider and or the internet; or any indirect or consequential loss or damage whatsoever.

31. Subject to clause 29 and 30, Our total aggregate liability for all claims arising under or in connection with the Club in respect of all events, regardless of form of action and whether in contract, tort, warranty, or other legal or equitable grounds (including in each case negligence) will be limited to one hundred pounds.

32. The exclusions and limitations set out herein apply to any liability of Our third-party suppliers and any of their respective suppliers (if any), to You, which may arise in connection with this Agreement.

 

General

33. Any delay or failure to exercise any right or remedy under this Agreement by Us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

34. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

35. You may not assign or transfer any of Your rights and / or benefits under these terms. We may assign Our rights and benefits at any time without prior written notice to You. We may subcontract any of Our obligations under this Agreement.

36. Nothing in these terms will reduce Your statutory rights.

37. We may choose not to enforce or rely on one or more of these terms at any time, but We reserve the right to start applying them again at any time.

38. This Agreement was published on 16th November 2020.

39. This Agreement supersedes and replaces all previous Agreements.

40. We may change this Agreement from time to time by giving You at least a month’s notice before the changes take effect. When We make changes, We will inform You via email.

41. This Agreement is governed by English law and You agree to the non-exclusive jurisdiction of the courts of England and Wales.