KIDS PASS Terms & Conditions of Membership

This document (together with any terms or policies referred to within it) sets out the terms and conditions (the Terms) which apply when you (the Member) become a member of one of our Kids Pass clubs (the Members Club) on a subscription basis (the Membership).

Further details regarding Kids Pass and the Members Club can be found on our website www.kidspass.co.uk (the Website).

Please read these Terms and conditions carefully and make sure that you understand them before registering and becoming a member of our Members Club (whether via the Website or the Kids Pass mobile application (the App).

By registering for a Members Club Membership and placing and order, you agree to be bound by these Terms. For new and current Members, your access (or continued access) to and use of our services via the Website or the App (the Services) constitutes your acceptance of these Terms.

PLEASE PAY SPECIAL ATTENTION TO: (i) CONDITION 4 OF THESE TERMS, WHICH DESCRIBES THE 3 DIFFERENT TYPES OF MEMBERSHIP OPTIONS THAT YOU CAN APPLY FOR; AND (ii) CONDITION 7 OF THESE TERMS WHICH DETAILS OUR LIABILITY TO YOU.

1. Information about Kids Pass

The Website and App is operated by Kids Pass, a trading name of Digital Rewards Group Limited and a company registered in England and Wales with company number 08924065 and with our registered office at Charter House, Woodlands Road, Altrincham, WA14 1HF. Our VAT number is 08924065

2. Members

2.1 To become a Member you must:

• 2.1.1 be at least 18 years old and legally capable of entering into binding contracts;
• 2.1.2 be fully responsible for your use of the Services, including access to your account by any others you authorise within your household (including any minors under 18 years old);
• 2.1.3 supply information (for you and members of your household where necessary) that is true and accurate; and
• 2.1.4 be fully responsible for all charges arising out of the use of the Services through your account, including without limitation the costs of products or services provided by third party suppliers with whom you contract via the Services.

2.2 It is your obligation to ensure that any information, including your contact details remain up to date throughout the course of your Membership as we will communicate with you from time to time (including by email, SMS, phone and push notifications via the App). We cannot be held responsible for any communications that you do not receive because you did not update the contact details within your online account via the Website.

2.3 Where the Website or the App contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

3. Your contract with us

3.1 After applying for a Membership (accompanied by the relevant payment via debit card, credit card, or any other payment method we may offer from time to time) and upon our accepting your application to become a Member, we may send you an SMS or email confirming your order.

3.2 A verification will be sent via SMS or email enabling you to complete the registration (by setting a password for your account) followed by a welcome email confirming your Membership. Your username will be emailed to you to enable access to the Members’ area on the Website and on our App using the password created.

3.3 Your Membership is only valid once payment is received by us in cleared funds. If payment of cleared funds is not received by us (e.g. cheques are dishonoured, credit card payments are charged back or accounts remain unpaid at the due date for payment) we reserve the right to suspend (or ultimately void) your Membership should the relevant payment not be received.

3.4 Please note that failure by you to comply with any of these Terms will entitle us to:

• cancel your Membership with immediate effect by written notice to you, or
• suspend your Membership until you have remedied the issue identified by us to our satisfaction. Failure by you to remedy within 14 days of our notifying you of the same will result in the immediate cancellation of your Membership.

4. Types of Membership

You can apply to become a member of any one of our three Members Clubs set out below.

Each Members Club offering is an ongoing subscription service but has some different terms and conditions (to reflect the nature of the relevant Membership) including as to payment, renewal and cancellation but in each case, nothing in these Terms operate to override or exclude any of your statutory rights.

You can cancel your Membership at any time in accordance with the relevant terms and conditions relating to the Members Club you have selected, but otherwise, your Membership will renew automatically at the end of each subsequent term until it is cancelled in accordance with these Terms.

(1) £1 trial Membership:

We offer a “try before you buy” trial period whereby:

• (a) Your Membership will commence when your application is made to access the Services and we have accepted your application.
• (b) You will receive a trial Membership for the duration and at the price stated to you at the time of sign-up.

It is important that you cancel your Membership during your trial period if you do not wish to continue your Membership, as subscription payments are automated and non-refundable. You may still cancel your Membership thereafter, which will cancel all future payments, in accordance with the terms of the relevant Members Club you have selected. Otherwise, your Membership will remain active until the Membership expiry date.

Cancellation is quick and easy and can be found in the “members area” of the Website here . Once requested, you will receive a cancellation email and reference number, and all payment details we hold will be removed.

• (c) Unless cancelled, your Membership will be renewed automatically immediately following the end of the trial period on the billing frequency selected at the time of sign-up (for example, monthly or quarterly) and at the price stated to you at that time.
• (d) Your Membership can be cancelled at any time during the trial period until midnight on the date of your expiry in order to stop any further payments.
• (e) If not cancelled, your Membership will thereafter continue to renew automatically on the same billing cycle (for example, monthly or quarterly) and at the applicable Membership fee until it is cancelled.
• (f) If you have selected a Membership which renews annually, and your annual renewal payment is denied by your bank for reasons of insufficient funds, we reserve the right to automatically process a reduced “switch” payment for your renewal at a monthly rate notified to you at the time. This “switch” payment amount will continue to be taken for each month that your Membership continues until it is cancelled. We will return this payment to you provided that you contact us informing us that you no longer wish to continue your Membership at the reduced monthly “switch” rate.
• (g) You can cancel your Membership at any time during the trial period expiry date by either:

Online in the Members Area of the Website members.kidspass.co.uk/members/account/manage; or via the app.

Or by writing to us at our registered office address stated in condition 1 above (sent FAO: Memberships Department).

Please note that the App is used for making use of the Services (including claiming offers from our Partners). Deleting the App from your phone will not cancel your Membership.

In each instance you will receive email confirmation of cancellation of your account from us together with a cancellation reference number for your records. If you do not receive an email, your cancellation was not properly placed and, therefore, not processed. Please request proof of postage for cancellations made in writing. There is no cancellation fee applicable during the trial period. If you are unsure when your trial period expires please log into www.kidspass.co.uk/members/account or check your Membership for the expiry date.

Cancellations & Refunds

It is possible to cancel future payments at anytime during your Membership, however as all payments are automated it is not possible to issue refunds once payments are processed (unless requested during a 14-day cooling-off period). If you didn’t cancel your Membership before your payment was processed you can cancel any future payments by visiting the “members area” on the Website (a link to which can be found within the App), and still enjoy all of our great offers until your Membership term expires.

Please note that all chargebacks are thoroughly investigated and may result in us adding you to a blacklist with our Membership processor which will complicate future online purchases. Denying a purchase that you have made is illegal and will result in an investigation which can lead to fines or other legal action being taken against you. Your credit rating can be affected by false claims of fraud. All of our rights are fully reserved in this respect.

(2) Monthly Membership:

• (a) Your Membership will commence when your application is made (either through the Website or via our App). Your subscription begins when we confirm your initial payment.
• (b) Your first payment will consist of one month’s Membership fee, followed by a monthly payment of the same amount made on the same day/date each month thereafter.
• (c) We will charge you a monthly fee (stated to you at the time of purchase) on the same day each month until you cancel your Membership. Monthly payments are automated and non-refundable once processed.
• (d) Your Membership will automatically renew on the same date each month. Each time a payment is received from you the expiry date on your card will increase by one calendar month.
• (e) At the end of each 12 month period your Membership fee will be reviewed and may be subject to change. In the event that we propose to increase your monthly Membership fee we will email you with confirmation of the new proposed fee within 30 days of such increased fee being applied to your account.
• (f) You can check the date of your monthly payments by checking your Membership for the date it expires.
• (g) You can cancel your Membership at any time either:

• 1. Writing to us at our registered office address stated in condition 1 above; or
• 2. online in the Members area of the Website.

(3) Annual Membership:

• (a) The cost of your annual Membership will be advertised on the Website and may vary from time to time.
• (b) Your Membership will automatically renew on the same date each year.
• (c) You may cancel your Membership at any time during the cancellation period, this is the 14 day 'cooling off' period commencing on the initial purchase of your Pass (and includes any trial period). If you cancel during this period by logging into the members area of your account, you will be entitled to a refund of your Membership fee; and
• (d) You will be responsible (at your cost) for the return of your Kids Pass card (if issued) and any promotional items sent to you, such items to be returned within a period of 14 days from the date of cancellation of your Membership.

Please note that in respect of all three Members Clubs:

• No refund of your Membership fee will be made by us if you cancel your Membership after the cooling off period has expired; and
• On the expiry date of your Membership we will disable your log in details so you will be unable to access any member offers and promotions appearing on our Website or our App

5. Conditions of Use

Your Membership is subject to the following conditions:-

• 5.1 You must not share your Members Club username or password with any other person;
• 5.2 You must have: (i) access to the internet to visit the Website; or (ii) a mobile device which allows you to download the App, in order to benefit from your Membership;
• 5.3 You must not reproduce your digital Membership in any form;
• 5.4 As “Kids Pass” is a trade mark registered in the UK which is owned and operated by us, you must not reproduce or otherwise use any part of our trade mark or anything deceptively similar to it, or authorise, assist or enable others to do so without our prior written consent;
• 5.5 You must not use our trade mark in combination with any other third party trademarks, names, logos, illustrations, photographs, video or audio sequences or graphics without our prior written consent; and
• 5.6 You must not use or share any redemption codes, vouchers or details of the savings we have obtained from those food and leisure organisations whom participate with us (our Partners) via social media, on printed material, or in any other media whatsoever.

6. Our Partners and use of your Membership

With regards to our Partners and the use of your Membership we ask you to note and ensure that you comply with the following:

• 6.1 Our current Partners and their redemption locations are shown on the Website and App.
• 6.2. As a Member you are granted access to offers in the Members Area of the Website or App where you can search for available offers and discounts. The discounts provided will vary and you should check the details of each attraction/restaurant for details of how to redeem the specific offer before visiting the relevant attraction/restaurant. Some attractions will have specific requirements which you must follow, such as making a pre-booking, providing a printed voucher on entry, or showing personal identification as proof of your Membership. Failure to provide identification if requested can void any offers or promotions advertised. The relevant Partner rules shall apply in this regard.
• 6.3. The expiry date of each Membership should be checked as it will not be valid to redeem Partner offers once expired.
• 6.4. Membership can only be used by the named member (and permitted household members) on up to a maximum of 5 devices. The Membership is strictly non-transferable.
• 6.5. On occasion we will remove or amend offers or promotions provided by our Partners. We will endeavour to replace them although we shall have no liability for any such withdrawals or changes to the availability of an offer.
• 6.6. Members will have the benefit of all additional attractions or third party offers which are added to the Member’s Area of the Website or App.
• 6.7. Any communications (including but not limited to email, SMS, push notifications via the App or printed materials) that you may receive from us provides information about offers available from our Partners that were correct at the time of printing and are subject to change.
• 6.8. Your Membership Card cannot be refunded or exchanged for cash or other denominated vouchers or discount cards, nor can it be used in conjunction with any special promotions, discount tokens, coupons or cards.
• 6.9. We are not liable for any attraction, third party, or our Partners that refuse to honour the advertised discount or promotion.
• 6.10. Any queries regarding the redemption of an offer with any of our Partners should be directed to our Membership team who can be contacted at: [email protected].

7. Our Liability

7.1 We are responsible for losses you suffer which is directly caused by us breaking these Terms, unless the loss is:

• 7.2.1 Unexpected. It was not obvious that it would happen and nothing you said to us before becoming a Member meant we should have expected it (so, in the law, the loss was unforeseeable;
• 7.2.2 Caused by a delaying event outside our control. We're not responsible for loss caused by any delays or circumstances outside our control;
• 7.2.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use; or
• 7.2.4 A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

7.3 Nothing in these Terms is intended to limit or exclude our liability for death or personal injury caused by negligence or the negligence of our employees, fraud or fraudulent misrepresentation, or otherwise where we are not permitted to limit or exclude our liability by law.

7.4 We do not make or give any promises, warranties, guarantees or representations concerning the goods or services provided by our Partners, nor do we accept any losses or liability arising out of, or in connection with, such goods or services. We will not become involved in any dispute between you and any of our Partners (but will endeavour to provide any reasonable assistance you require in order to resolve such dispute).

7.5 We will not be liable if for any reason the Website or the App is unavailable at any time or for any period.

7.6 Except as set out in these Terms, all warranties, conditions and other terms implied by statute or otherwise are, to the fullest extent permitted by law, excluded from these Terms.

7.7 Nothing in these Terms operate to override or exclude any of your statutory legal rights.

8. Personal Information

8.1 When: (i) you contact us providing your details and/or during your time as a Member; or (ii) we provide you with information or communications regarding your use of the Services or your Membership, we may be processing your personal data. We will typically contact you by e-mail, SMS, push notifications or provide you with general information by posting notices on our Website or App.

8.2 For more information, we may gather information about you. We do this in accordance with our Privacy Policy, which can be found here: https://www.kidspass.co.uk/privacy-policy. Our Privacy Policy forms part of these Terms governing our relationship with you.

8.3 If you require more information regarding how we process your personal data, please contact: [email protected].

9. Notices

9.1 Notices given by you to us must either: (i) be addressed to our Operations Director at Kids Pass Limited, Charter House, Woodlands Road, Altrincham, WA14 1HF; or (ii) sent by email to [email protected] (marked for the attention of the Operations Director).

9.2 We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in condition 8 above. Notice will be deemed received: (i) if sent by e-mail, at the time of transmission, or if sent by letter, two days after the date of posting. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

10. General provisions

• 10.1 These Terms may be reviewed and/or altered at any time to reflect events that are outside of our control (including changes required by applicable law, changes imposed in respect of the Services and changes to our existing business processes). We will use reasonable endeavours to inform Members of material or significant changes to the Terms as far in advance as possible.
• 10.2 The contract relating Memberships are entered into between you and us. No other person shall have any right to enforce any of the Terms.
• 10.3 We may assign or otherwise transfer the contract without your prior written consent. You may not transfer the contract to anyone else.
• 10.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
• 10.5 We will not be in breach of these Terms by reason of circumstances beyond our reasonable control which shall include (but shall not be limited to) act of God, governmental act, war, fire, flood, extreme or unusual weather conditions, pandemic, epidemic, disease, explosion, civil commotion, industrial action, failure in telecommunications services or unauthorised interference with our systems or services via the internet.
• 10.6 These Terms are governed by English law, and you can bring legal proceedings in respect of our services in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.