GOURMET SOCIETY TERMS AND CONDITIONS - APPLICATION AGREEMENT


The following definitions apply:

'Agreement': the agreement made between the Restaurant and the Gourmet Society regarding the Offer/ Promotion
'Cardholders/ Members': Gourmet Society members
'Directory': the book/ online list detailing all the restaurants subscribing to Gourmet Society Offers as at the deadline
for submitting the list for printing
'Gourmet Society': Trading name of Simard Ltd
'Gourmet Society's
Trading Address': 63 Lower Hillgate, Stockport, SK1 3AW
'Offer/ Promotion': the offer/ promotion agreed by the Restaurant to be provided by the Restaurant to the Cardholders as
indicated overleaf/ online / via verbal agreement


'Restaurant': the restaurant or dining establishment named overleaf/ online / via verbal agreement and all of its future incarnations

'Termination': the end of this Agreement in accordance with clause 6.2 of the Terms and Conditions below

'Termination Date': the anticipated publication date of the next national Directory. If the date is within 2 months of the date of
receipt of The Restaurant's notice to withdrawal then the Termination Date will be for the following
national directory. If the Restaurant is featured in the Directory then the Termination Date is the date of
publication of the next annual Directory, regardless of when notice to withdrawal is received by the
Gourmet Society

The Restaurant agrees to honour the Offer as indicated on the online application form, under these Terms and Conditions by entering this Agreement with Simard Ltd t/a as the Gourmet Society (and all of its trading names).

The Gourmet Society agrees with the Restaurant and the Restaurant agrees with the Gourmet Society as follows:

  1. The Gourmet Society will market The Restaurant completely free of charge to Gourmet Society members.
  2. The Promotion will be available exclusively to Gourmet Society Cardholders only on production of their own personal membership card.
  3. The Gourmet Society will provide The Restaurant with a full listing and advertisement free of charge on our websites. The Gourmet Society agrees to place a hyperlink on our website to The Restaurant's website. In order for the Gourmet Society to promote The Restaurant, the Gourmet Society will provide The Restaurant with a window sticker.
  4. The Restaurant will seek The Gourmet Society's agreement before participating in any new dining card club schemes that it does not currently participate in (as at the date of the application).
  5. The Restaurant will meet all British food, hygiene, health and safety standards and regulations and other quality standards regulatory approvals relevant to the industry and hold appropriate third party insurance with a reputable insurance company adequate to cover public liability, food poisoning, damage and loss to diners personal effects for a limit of indemnity of no less than £5 million.
  6. This agreement will be in full force and effect until it is terminated in accordance with clause 7 below.
  7. The Restaurant will honour the Promotion overleaf until The Gourmet Society print the next Directory, which the Gourmet Society will endeavour to print a Directory every 12 months.
    1. The Restaurant will not be able to remove the Offer being promoted to Members until the next Directory is printed; the Restaurant must continue running the Offer until the Termination Date.
    2. If The Restaurant wishes to cease running the Promotion, it must notify the Gourmet Society in writing at its Trading Address. Notice must send by Royal Mail Special Delivery. The Gourmet Society will then confirm the Termination Date.
  8. This Agreement will commence from the date of the Agreement for an initial term of 12 months and will renew automatically for a further 12 months on the anniversary of the Agreement unless properly Terminated in accordance with clause 6.2 of these Terms & Conditions.
    1. Either party may Terminate this Agreement before the final 120 days of any 12 month term period by serving the other party with 120 days notice in writing; this Agreement cannot be terminated within the final 120 days of any 12 month term;
    2. If a Restaurant which is featured in the Directory Terminates this Agreement, the Termination Date of this Agreement is the publication date of the next Directory, regardless of when any written notice to withdraw is given by the Restaurant and the Restaurant warrants that it will continue to run the Promotion until this Termination Date.
  9. The Restaurant will cover all costs, including but not limited to loss of income and damages to reputation, that the Gourmet Society may incur if The Restaurant refuses to honour the Promotion or breaches this Agreement. If either party causes a serious breach of this Agreement, causing the other party a detrimental effect, they will cover the other party's costs including, but not limited to, reasonable new printing and time and labour costs resulting from their actions.
  10. Simard Ltd retains the right to pass on some or all of their rights to the other or to another third party. This action will not terminate this agreement.
  11. If the Restaurant is transferred into different ownership, or in any way assigned or managed, The Restaurant warrants that it will novate this Agreement and this Agreement will remain fully enforceable; the Gourmet Society will be entitled to rely on the terms of this Agreement and take action for any breach thereof both with The Restaurant and the third party
  12. The Gourmet Society will be entitled to vary these Terms & Conditions by email, letter, notification on the Gourmet Society website portal or any other written method of notification
    1. If the Restaurant does not contact the Gourmet Society within 14 days of any variations being notified as provided in this clause, the variations will be incorporated into these original Terms & Conditions and be deemed to be accepted by the Restaurant .
  13. If any part of this Agreement is held to be unenforceable for any reason, the remaining portion of this Agreement shall remain in full force and effect, and shall be carried out in a manner which is consistent with the intentions of the parties hereto.

By agreeing to offer the Promotion, the Restaurant agrees to be bound by these Terms and Conditions and the terms of this Agreement; for the purposes of this, email or written confirmation signifies agreement.

The promoters of this offer are:

Simard Ltd, 63 Lower Hillgate, Stockport, SK1 3AW