Overheard Network Ltd (Trading as Overhead Deals) T’s and C’s of membership.

Terms of Membership

The important bits:
  • Your membership is renewed automatically at the end of each membership period.
  • Your renewal date is the anniversary of the date that you first purchased your membership.
  • We reserve the right to phase out discount cards becoming completely app based in the future.
  • If you do not wish to renew you must contact us a minimum of 72hrs before your renewal date.
  • If you accept the terms & conditions you agree to go ahead with the service.
  • Your 14-day cooling off period starts the day after you agree to go ahead with the service, this does not apply to subsequent renewals.
  • Each deal is subject to the specific terms of each Merchant. You can see these terms by clicking on each deal when logged on in the ‘Deals’ section.
  • We will use your personal data in order to service your membership unless you sign up for further information, in accordance with our privacy policy. Please read our privacy policy.
  • Overheard Deals is a discount membership service operated by Overheard Network Ltd, Unit 1, 10 Acklam Road, W10 5QZ.

Full Terms and Conditions of Membership

1. Introduction
  1. This introduction tells you the terms and conditions of membership to Overheard Deals. Please read these terms and conditions carefully and make sure that you understand them, before paying for a membership. You should understand that by buying a membership, you agree to be bound by these terms and conditions.
  2. Please print a copy of these terms and conditions for reference.
  3. We will use your personal data to service your Membership to you by way of sending you updates and offers, in accordance with our privacy policy.
  4. Please understand that if you refuse to accept these terms and conditions you will not be able to buy a Membership.
  5. 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 website www.overheard.co.uk.
  6. For us to fulfil our contractual and customer obligations, there is a requirement to collect specific personal information relating to our customers. There are multiple legal bases for the processing of this personal information. If you sign up on our website or one of our landing pages, then personal information is processed on the basis that we have a legitimate interest in doing so. For marketing communications, if you are an existing member we use the legitimate interest legal basis to provide marketing communications. However, you will always have the option of unsubscribing from these emails. If you are a new customer, you will be required to provide consent by checking an ‘opt in’ box. If you provide this consent, you will always have the option to unsubscribe from marketing. If you do not provide this consent you will only receive transactional emails and emails that you are required to be made aware of (e.g. updates to terms, privacy policy etc).
  7. We have a legitimate interest in processing personal information provided by you for marketing purposes. We may also use your information for other legitimate purposes including:
    1. To make sure that content from our site is presented in an accurate manner.
    2. To send you products that you have either explicitly consented to or we believe you have a legitimate interest in.
    3. To notify you about changes to our service.
  8. We may also use your data, or permit selected third parties providing you have opted in, such as but not limited to; participating merchants to use your data to provide you with information about goods and services which may be of interest to you via email or phone.
2. Your Status
  1. By buying membership, you confirm that you are a minimum of 16 years old.
  2. We can only deal with the member about a membership so any contact with us regarding the membership should only be made by the member.
3. Term
  1. Memberships to Overheard Deals are continuous and renewed automatically at the end of each membership period. We will send you an email reminder no less than 7 days before the end of your membership term to advise you of the details of the new subscription. Your renewal date is the anniversary date that you first purchased Overheard Deals. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal). If you do not wish to renew your membership you should contact us by email at memberships@overheard.co.uk at any point within your membership period and no later than 72hrs preceding the renewal date of your current membership.
4. Cooling Off Period and Cancelling your Membership
  1. The 14-day cooling-off period begins immediately after purchasing your membership. You are able to cancel at any point within this time. This does not apply to subsequent renewals.
  2. To cancel your membership please email us at memberships@overheard.co.uk no later than 72hrs before your renewal date.
  3. If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership. We do not provide refunds for any cancellations after the expiry of the cooling off period and the whole membership fee for the terms you sign up for is owed in full.
5. Price and payment
  1. The price of the membership is the quoted price at the point of purchase and includes VAT.
  2. If you received a physical card and have lost it, there is a charge of £10 in order to replace it.
6. Your membership and use at Participating Merchants
  1. Upon purchasing a membership you will be sent a confirmation email with details of your membership.
  2. Participating merchants may exclude public holidays.
  3. Deals advertised on our website or app are only available to members who present a valid membership to the merchant.
  4. Merchants will check each membership to ensure it is valid at the point of claiming a deal. Expired memberships are not accepted by participating merchants.. Memberships are strictly non-transferable and can only be used by named membership holders. Any attempted misuse of the memberships may result in cancellation.
  5. All discount codes ,made available to members are strictly for the use of members only and are not transferable under any circumstances.
  6. Overheard Deals will add new deals and offers throughout your membership and participating merchants may withdraw or change the terms of their offers.
7. Our liability
  1. If we fail to comply with these terms and conditions, our liability to you will be limited to the value of the membership fee.
  2. We will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into the following categories: loss of income or revenue, loss of business, loss of anticipated savings.
  3. Where you receive goods or services from a participating Merchant, any losses or liability arising out of, or in connection with, such services and/or food shall be the relevant participating Merchants liability. We accept no liability for any bad experiences from any Merchants listed on Overheard Deals and will not become involved in any disputes.
  4. We do not give any warranty for any goods or services accessed through, or displayed on our website or app.
8. Waiver
  1. Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
9. Severability
  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.
10. Third party rights
  1. A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
11. Entire agreement
  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.
12. Law and jurisdiction
  1. This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.