Terms & Conditions

 

Please be aware that we are an alliance of independent restaurants, set up for the benefit of independent restaurants, hospitality outlets and suppliers. For your continued enjoyment, the Alliance of Independent Restaurants (“AIR”) is an on-going subscription service. This means that at the end of each 12 month membership period, starting on the date you became a Member, we will send you a renewal reminder by post and/or email and your subscription will automatically renew, unless cancelled in accordance with these Terms. Details of how to cancel can be found at clause 11.1.

Please inform us immediately by email of any changes to your contact details, including your email and postal address. We will not be held responsible for any non-receipt of communication from us, including, but not limited to, any renewal reminders.

Automatic renewal applies to AIR’s Independent Membership and Supplier Membership.

1.                 INTRODUCTION

1.1              These terms and conditions of membership (the “Terms) explain the terms on which you become a member of the Alliance of Independent Restaurants (“AIR”, also referred to in these Terms as “us” or “we”). The Terms describe our agreement with you.

1.2              These Terms apply to two types of AIR membership (both types are referred to in these Terms as “Members” or “Membership”, as applicable):

1.2.1          AIR Independent Membership: where membership is free for independent restaurant and hospitality outlets; and

1.2.2          AIR Supplier Membership: where there is an annual membership fee for suppliers.

More Membership information is set out in clause 9.

1.3              More about Membership benefits and how to become a Member can be found on our website at http://airhospitality.co.uk/.

1.4              Please read these Terms carefully and make sure that you understand them before becoming a Member. You need to understand that by submitting your application form to become a Member, you are agreeing to be bound by the Terms.

1.5              Please click on the button on your AIR Membership application marked “I agree to AIR’s Membership Terms & Conditions” if you accept these Terms. Please understand that if you do not accept these Terms, you will not be able to become a Member.

1.6              We recommend that you print a copy of these Terms for future reference.

1.7              We reserve the right, at our sole discretion, to refuse any person from becoming a Member or to terminate your Membership by giving you 30 days’ notice. You may appeal in writing to the AIR Directors at membership@airhospitality.co.uk. Please note that, following an appeal, the AIR Directors’ decision is final.

1.8              We may update these Terms from time-to-time to improve our services to you, or to reflect changes in market conditions, payment methods or relevant laws and regulatory requirements. However, please note that you will be subject to the Terms and website policies in force at the time that you became an AIR Member, unless any change is required to be made retrospectively by law or governmental authority. We will notify you of any changes to the Terms in accordance with clause 7, following which we will assume that you have accepted the changes, unless you notify us to the contrary within 14 days of our notification to you. These Terms were last updated on 3 April 2017.

2.                 ABOUT US

We are the Alliance of Independent Restaurants Limited (“AIR”), a company registered in England and Wales, with company number 9835036. We operate our website and our registered office is at 454-458 Chiswick High Road London W4 5TT.

3.                 ABOUT YOU

3.1              By submitting your application through our website to become a Member, you warrant that you are legally capable of entering into a binding contract and that you are at least 18 years old.

3.2              You agree to provide AIR with an email and postal address for us to correspond with you.

3.3              If you wish to become a Supplier Member, you agree to also provide AIR with an invoice email and postal address and either a credit/debit card or personal or business bank account (“billing device”).

3.4              You must inform AIR immediately of any changes to your correspondence addresses by emailing membership@airhospitality.co.uk.

4.                 COMMENCEMENT OF MEMBERSHIP

Your Membership will commence when you receive our email notification to you that your application to AIR for Membership has been accepted.

5.                 OWNERSHIP OF INTELLECTUAL PROPERTY

5.1              “Intellectual Property Rights” means any and all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

5.2              AIR will at all times own all Intellectual Property Rights in AIR and AIR Membership and you will not acquire any right, title or interest in or to, AIR’s Intellectual Property Rights.

6.                 MEMBERSHIP BENEFITS

6.1              The Membership benefits available to you will depend on your type of Membership.

6.2              If you are an AIR Independent Member, examples of the types of benefits you may receive include:

6.2.1          discounts and offers on a range of products, equipment and services;

6.2.2          access to networking events with top-notch industry speakers;

6.2.3          support and advice from mentors, experts and fellow AIR Independent Members;

6.2.4          business benefits through sharing ideas, expertise and connections; and

6.2.5          adding to the voice of independent restaurants on issues that matter.

6.3              AIR Independent Membership benefits are available for one trading site only.

6.4              If you are an AIR Supplier Member, examples of the types of benefits you may receive include:

6.4.1          a chance to join forces with local independent restaurants and hospitality outlets;

6.4.2          a profile and listing in two of Food & Beverage/Equipment/Service categories in AIR’s exclusive online directory; and

6.4.3          invites to AIR networking events, supper clubs and workshops.

6.5              The Membership benefits available at any particular time can be found on AIR Independent Membership and AIR Supplier Membership web pages. AIR reserves the exclusive right to vary the available Membership benefits from time to time.

6.6              AIR Supplier Members may from time to time vary the discounts or offers offered to AIR Members. We will use reasonable endeavours to keep our online directory of suppliers and available discounts and offers up to date, but give no warranty as to the accuracy of the online directory or availability of any discount, offer or benefit at any time.

7.                 NOTICES

7.1              All notices which you give to us must be sent to membership@airhospitality.co.uk.

7.2              We will alert you to revisions of these Terms, including the Membership Fee (if applicable), with at least 14 days’ notice, either by notice on our website, by email communication or by writing to you (“notice”). Notice will be deemed properly served and received immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter to you.

7.3              In proving any notice has been served by us, it will be sufficient to prove that we properly addressed, stamped and placed the letter in the post to you and, in the case of an email, that such email was sent to the email address which you have provided to us.

8.                 WRITTEN COMMUNICATION

Some of the information or communications we send to you are required to be in writing under applicable laws. You accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to electronic means of communication and you acknowledge that all contract, notices, information and other communications that we provide to you electronically comply with any legal requirement that these communications be in writing. This clause does not affect your statutory rights.

9.                 MEMBERSHIP FEE AND OBLIGATIONS

9.1              As an AIR Supplier Member you agree to pay a membership fee for each 12-month period of Membership (the “Membership Fee”). The amount of the Membership Fee due is set out in your online application for AIR Supplier Membership or via any subsequent notice to you for renewal of your membership.

9.2              In addition to the Membership benefits described in clause 6, as an AIR Supplier Member, your Membership Fee entitles you, for a 12-month period, to:

No. of Listings or sub-category listings in AIR’s exclusive online directory in any of the Food & Beverage, Equipment, or Service categories*Price

1 listingFree (included Membership Fee)

2 sub-category listingsFree (included Membership Fee)

>2 sub-category listings£120 per pair (up to maximum fee of £720 combined Membership Fee + all listing fees)**

*The categories and sub-categories are listed on the AIR Supplier Membership application form.

**You will not be charged for additional sub-category listing fees in any 12-month period of Membership once the £720 maximum has been reached.

9.3              As an AIR Supplier Member you agree to provide one or more of the following benefits to AIR Members (“AIR Member Benefit(s)”), to be approved by the AIR Directors:

9.3.1          a discount to AIR Independent Members;

9.3.2          an offer to AIR Independent Members; and/or

9.3.3          a benefit to AIR Independent Members.

9.4              As an AIR Supplier Member you agree to provide one or more of the AIR Member Benefits, to be agreed with the AIR Directors, for each of the 12-month periods of your Membership.

9.5              Where the AIR Member Benefit(s) which you provide (under clause 9.3) is/are time limited for use, for example, where you offer a discount for a period of time, the AIR Member Benefit must be made available to each existing AIR Member and any new AIR Members who join during the 12-month period of Membership to which the AIR Member Benefit(s) applies.

9.6              As an AIR Supplier Member you may request agreement from the AIR Directors to change the AIR Member Benefit(s) which you offer during any 12-month period of your AIR Membership, by emailing membership@airhospitality.co.uk, such agreement not to be unreasonably withheld.

9.7              As an AIR Supplier Member you authorise AIR, for as long as you remain a Member, to access funds from any billing device you have provided to AIR in order to take the Membership Fee and, if applicable, additional listing fees as provided in this clause 9, or additional charges as set out in clause 10.

9.8              Membership is free for AIR Independent Members.

10.              ADDITIONAL CHARGES

AIR may charge reasonable additional charges that it may incur in recovering your payable membership fee, including legal and administration costs, if access to your funds would not be possible for a reason attributable to you.

11.              MEMBERSHIP TERM AND RENEWAL

11.1           We are set up for the benefit of independent restaurants, hospitality outlets and suppliers. For your continued enjoyment, AIR is an on-going subscription service. This means that at the end of each 12 month membership period, starting with the date on which you first became a Member, we will send you a renewal reminder by post and/or email and your subscription will automatically renew, unless cancelled in accordance with clause 12.

11.2           Please inform us immediately by email of any changes to your contact details, including your email and postal address, at membership@airhospitality.co.uk. We will not be held responsible for any non-receipt of communication from us, including, but not limited to, any renewal reminders.

11.3           Automatic renewal applies to AIR’s Independent Membership and Supplier Membership.

12.              CANCELLING YOUR MEMBERSHIP

12.1           You may cancel your Membership at any time by emailing us at membership@airhospitality.co.uk.

12.2           Once you have submitted your application form on our website to become a Member and made your payment to us, we will not provide a refund for cancellation of your Membership. Where your payment has been received by us for the renewal of your Membership, we will not provide a refund if you later decide to cancel your Membership.

12.3           We will give you at least 14 days’ notice that your Membership is due for renewal. If you do not wish to renew your Membership you should email us at membership@airhospitality.co.uk before expiry of the 14 days’ renewal notice. If we do not receive notification from you to cancel your Membership, your Membership will be renewed and payment will be taken in accordance with clause 9.4. No refunds can be issued for any remaining Membership term after payment has been taken for renewed memberships.

13.              LIMITATION OF LIABILITY

13.1           Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence; or the negligence of our employees, agents or subcontractors; or fraud or fraudulent misrepresentation.

13.2           Subject to clause 13.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement with you for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss of damage to your reputation or goodwill; and any indirect or consequential loss.

13.3           Subject to clause 13.1, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement with you shall be limited to £360.

13.4           This clause 13 shall survive termination of our agreement with you.

14.              CONFIDENTIALITY

Confidential and other personal information submitted to AIR will be treated in accordance with the Privacy Policy [hyperlink].

15.              CHANGES AND REMOVAL OF THIRD PARTY SUPPLIERS

We may on occasion make available to Members offers or promotions provided by third party providers. We reserve the right to remove or amend such offers or promotions at our sole discretion and we shall have no liability to you for any such withdrawals or changes in terms or availability in relation to such offers or promotions.

16.              WAIVER

If at any time during the term of our agreement with you we do not enforce any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of our rights or remedies and will not release you from compliance with your obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 8.

17.              SEVERABILITY

If a competent authority or court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision, term or condition will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.

18.              ENTIRE AGREEMENT

These Terms and any document expressly referred to in this agreement constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations and previous arrangement, if any, between us. We each acknowledge that, in entering into this agreement, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Nothing in this clause excludes your or our liability for fraud.

19.              THIRD PARTY RIGHTS

A person who is not a party to this agreement will have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms of this agreement.

20.              LAW AND JURISDICTION

This agreement with you and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.