Please refer to Section 8 of these Terms & Conditions for full details in regards to usage and policy of the

Chilly Monkeys Card. This section will also explain how your membership works & your policy as a

Chilly Monkeys Card member after purchase of the card.

1. Introduction 1.1 This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the Chilly Monkeys Card, and you become a member of the Chilly Monkeys club. Please read these terms and conditions carefully and make sure that you understand them, before purchasing a Chilly Monkeys Card. You should understand that by purchasing a Chilly Monkeys Card, you agree to be bound by these terms and conditions. 1.2 You should print a copy of these terms and conditions for future reference. 1.3 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you purchased a Chilly Monkeys card from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you). 2. Information about us 2.1 We operate our site. Our company details are Chilly Monkeys, 2833327V, 53 Northway Estate, Finglas D11 X6FD, Dublin, Ireland. 3. Your status 3.1 By placing an purchasing a Chilly Monkeys Card through our agents, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old. 4. How the contract between you and us is formed 4.1 Your order constitutes an offer to us to become a member of the club. All orders are subject to acceptance by us, and we will confirm such acceptance to you . The contract between us will only be formed when we confirm for and produce your plastic membership card. 4.2 Your Chilly Monkeys Card membership will expire on the same date as seen on the front of your card. 5. Consumer rights 5.1 You have the right to cancel your initial registration of membership with us within 14 days of your original purchase. This does not apply to subsequent renewals. 5.2 To cancel your membership, please call us on +353 85704 2868 Monday to Friday 9am to 8pm. Upon cancellation you will receive a confirmation email; it is recommended that this is kept for your own personal records. 5.3 Plastic memberships - If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover and our €15 administration charge, which is a genuine pre-estimate of the loss we will suffer in the event of a cancellation. Refunds will be subject to the return of your Chilly Monkeys Card and any other items dispatched as part of any promotion within 30 days of your cancellation. You will also be responsible for the cost of returning your Chilly Monkeys Card and promotional item (if part of original purchase) in an unused condition and in the original packaging. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period. 6. Availability and delivery 6.1 You will receive your Chilly Monkeys Card and membership documentation on day of purchase, unless there are exceptional circumstances that include postage. 6.2 Once your order has been accepted we aim to dispatch your Chilly Monkeys Card immediately. 7. Price and payment 7.1 The price of membership of the club will be as quoted on our site, except in cases of obvious error. As well as on front of your card. 7.2 The cost for a replacement card should you require one will be €15. 7.3 Prices include tax. 7.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation. 7.5 Payment must be by such method as we may agree. 8. Participating restaurants and use of your Chilly Monkeys Card 8.1 On presentation of your Chilly Monkeys Card, participating restaurants will offer a 30% reduction off your total food bill (applying to everyone in the group dining together; although, the relevant restaurant may place a limit on the maximum number of people per booking. 8.2 The Chilly Monkeys Card is valid for up to 6 persons per card dinning in group. If the party exceeds the maximum number of persons per card only the 6 members of the party will receive the 30% discount unless another member of the party has an additional Chilly Monkeys Card which will than take the maximum number of persons per family dining in group up to 12. 8.3 Participating restaurants may exclude bank holidays. These days may include Christmas Day, Mothers' Day, Fathers' Day, Valentines' Day, St Patrick's Day etc. Please refer to individual restaurant pages as other exclusions may apply. 8.4 Offers advertised on our site are only available to members who present a Chilly Monkeys Card. Such offers are not available in conjunction with any other offers that participating restaurants may be running, which may include set menus or any other menus other than the standard a la carte menu for lunch and dinner. 8.5 The Chilly Monkeys Card is only valid for discount on food and does not include drinks or beverages of any kind or sort. 8.6 The Chilly Monkeys Card is for Lunch & Dinner menu only from the standard a la carte Menu. It is not valid for Set Menu's, early birds or any other kind of special offers that participating restaurants might be running unless specified otherwise under individual restaurant listings. 8.7 The Chilly Monkeys Card is not for take away food or food delivery service of any sort. All food must be purchased as a sit in meal in participating restaurant for the Chilly Monkeys Card to be valid. 8.8 The expiry date of each Chilly Monkeys Card will vary and will always be checked at each restaurant. Each expiry date will be on front of your Chilly Monkeys Card. Expired Chilly Monkeys Cards are not accepted by participating restaurants. Chilly Monkeys Card and memberships are strictly non-transferable and can only be used by named members and their dining partners, up to the limited specified by participating restaurants on our site. Any attempted misuse of the Chilly Monkeys Card may result in confiscation. 8.8 Sharing, selling, giving away of the Chilly Monkeys Card to any other person is strictly forbidden and deemed breach of the Chilly Monkeys Card agreement policy. Membership will be revoked and the card will no longer be valid, the card may be confiscated where applicable. 8.9 Purchaser of the card is the Chilly Monkeys Card member and must be present on use of card. The card can only be used by the card purchaser for members of family in dinning group. 8.9 We will use reasonable endeavours to update our site to show the particulars of participating restaurants and the terms of their availability for participation in the club. Participating restaurants may, however, be entitled to withdraw from the club or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability. 8.10 Members will have the benefit of any additional restaurants which join the club at a later date and any increase in availability of participating restaurants. 8.11 Our printed marketing material is intended as a guide of restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants at any one time. 9. Our liability 9.1 If we fail to comply with these terms and conditions, we shall only be liable for the membership fee. 9.2 we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories: 9.3 Chilly Monkeys is not liable for loss of income or revenue; loss of business; loss of profits; loss of anticipated savings. 9.4 Nothing in this agreement excludes or limits our liability for: Death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; 9.5 Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability. 9.6 Where you purchase food from any participating restaurant, any losses or liability arising out of, or in connection with, such food shall be the relevant participating restaurant's liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants. We will not become involved in any dispute between you and any restaurant. 9.7 We do not give any warranty for any goods or services accessed through, or displayed on, our site. 9.8 The Chilly Monkeys Card is not responsible for availability, seating space or waiting time for each and any individual participating restaurant on any day or time. 10. Written communication 10.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. 11. Notices 11.1 All notices given by you to us must be given to marketing department at info@chillymonkeyscard.com We may give notice to you at either the e-mail or postal address you provide to us. 12. Waiver 12.1 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them. 13. Severability 13.1 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. 14. Third party rights 14.1 A person who is not party to these terms and conditions shall not have any rights under or in connection with it, this includes under the membership, contracts or any other connection with the Chilly Monkeys Card. 15 Entire agreement 15.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud. 16 Law and jurisdiction 16.1 This agreement shall be interpreted in accordance with the Irish and Spanish Law and subject to the non-exclusive jurisdiction of the Courts.

 

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Tel: (+353) 085 704 2868

Email: info@chillymonkeyscard.com