SAM LIFESTYLE TERMS & CONDITIONS
Please read these terms and conditions carefully. They will apply to your SAM Lifestyle Membership Contract.
1. Interpretation
1.1 The definitions in this clause apply in these terms and conditions (“Conditions”) and the Contract:-
“we”/ “us”/ “our” refers to us, Sports Asset Management Limited, registered number 5668824, registered office: 61 Dock Street, Queens Gardens, Kingston upon Hull HU1 3DZ;
“you”/ “your” refers to you, the person (or business) who is the SAM Lifestyle Member named in the Contract;
“Fees” means the Membership Fee and the Joining Fee specified in the Contract which are payable by you, referred to in Condition 6 below;
“Lifestyle Products/Services” refers to those products and/or services you order and/or which are supplied to you under the SAM Lifestyle Contract;
“Lifestyle Provider” refers to any person, form or company (other than us) who we arrange to supply any Lifestyle Product/Service to you;
“Order(s)” means your order(s) for any Lifestyle Products/Services;
“SAM Lifestyle Contract” means the SAM Lifestyle Membership Contract which is subject to these Conditions;
“SAM Website” means our SAM Lifestyle website at www.sportsassetmanagement.com;
“Year” means the period of 12 months from the date of the SAM Lifestyle Contract and each consecutive period of 12 months thereafter during the life of the SAM Lifestyle Contract.
1.2 Headings do not affect the interpretation of these Conditions.
2. Application of these Conditions & other terms and conditions
2.1 The Conditions apply to the SAM Lifestyle Contract and all Lifestyle Products/Services ordered by you, or supplied by us, will be subject to these Conditions. These Conditions, your Order and our price list (and any additional terms and conditions specified by us or any Lifestyle Provider in relation to any Lifestyle Product/Service, as referred to at 2.3 below) are considered by us to set out the whole agreement between you and us for the supply of Lifestyle Product/Service concerned. You agree to comply with these Conditions when ordering any Lifestyle Product/Service.
2.2 From time to time, we may give you notice of additional requirements or conditions relating to particular Lifestyle Products/Services, or the SAM Lifestyle Contract generally, in addition to those set out in these Conditions. We may also vary these Conditions from time to time by giving you notice of any changes. In either case, we may notify you either by email or by post, and we will always post details of such changes on the SAM Website. You agree that you will comply with any such additional requirements or conditions or changes to these Conditions which we notify to you from time to time.
2.3 Please note that in most cases we act as a disclosed agent for third party providers of each Lifestyle Product/Service ordered by you (for example any tour operator, hotel or restaurant, each referred to in these Conditions as a “Lifestyle Provider”). You will be able to find the name and address of the relevant Lifestyle Provider in the confirmation e-mail we send you after your order. The contract governing the purchase or supply of the Lifestyle Product/Service will therefore be between you and the third party Lifestyle Provider, and will contain additional terms and conditions. Please make sure that you have read these additional terms and conditions before completing your order with us. This agency model means that ultimately the Lifestyle Provider, not us, will take any decision on cancellations, returns and other queries on individual Lifestyle Products/Services ordered.
2.4 The SAM Lifestyle Contract is subject to your right of cancellation (see below).
3. SAM Lifestyle Membership
3.1 All SAM Lifestyle Membership applications are subject to acceptance and verification by us.
3.2 You must supply correct personal details when you apply for SAM Lifestyle Membership or order Lifestyle Products/Services. We may cancel your SAM Lifestyle Membership and immediately terminate the SAM Lifestyle Contract, or suspend any Lifestyle Products/Services at any time if you provide incorrect or incomplete information. Your responsibility to provide accurate information is a continuing obligation, and you must notify us promptly if there is any change in your particulars or relevant information provided by you.
3.3 Your SAM Lifestyle Membership is personal to you. You must not allow anyone else (other than your personal assistant on your behalf, where applicable) to order Lifestyle Products/Services or otherwise use your SAM Lifestyle Membership.
4. Duration and cancellation of SAM Lifestyle Membership
4.1 The SAM Lifestyle Contract will commence on the date specified on the SAM Lifestyle Contract, and will continue in force until terminated by either you or us by giving not less than 1 months’ written notice of termination. The minimum period of membership is 6 months.
4.2 Either you or we may, without limiting any other right, terminate the SAM Lifestyle Contract at any time by giving written notice to the other if (i) the other breaches any provision of these Conditions and fails to remedy the breach within 7 days after receipt of a notice giving details of the breach and requiring it to be remedied; or (ii) the other becomes bankrupt, goes into liquidation or administration, makes any arrangement or composition with his or its creditors, or a receiver or administrative receiver is appointed over any of its assets.
4.3 A delay by either party in acting on a breach of this Agreement will not be regarded as a waiver of the breach. If either party waives a breach of the SAM Lifestyle Contract by the other, the waiver is limited to the particular breach.
4.4 Termination of the SAM Lifestyle Contract will not affect either party’s outstanding rights or duties, including our right to recover any money owing to it under these Conditions.
4.5 You are entitled to a refund of any part of your Membership Fee paid in advance which relates to any period after cancellation of your SAM Lifestyle Membership.
4.6 Without prejudice to our rights under Clause 4.2, we reserve the right to suspend your SAM Lifestyle Membership if we have reasonable cause to believe you are in breach of these Conditions. If we do so, you will not be liable to pay any Membership Fees which relate to the period of suspension, and we will refund any such fees which you have already paid in advance which relate to the period of suspension.
5. Accessing Lifestyle Products/Services
5.1 You may enquire about and order Lifestyle Products/Services by telephone or email only after your SAM Lifestyle Membership application has been accepted by us.
5.2 Subject to the remaining provision of these Conditions, we will endeavour to arrange the supply to you upon request of any Lifestyle Products/Services described on our SAM Website from time to time, and also any other specific products or services which you may reasonably request from time to time. All products or services requested must be lawful, honest and decent (including, without limitation, provision of information, access to events, activities and venues, and personal goods and services).
5.3 We reserve the right to amend or withdraw any Lifestyle Products/Services or to refuse to supply any Lifestyle Product/Service which you request. If we are unable (or refuse) to supply any Lifestyle Product/Service you request, we will inform you as soon as reasonably practicable.
5.4 We will arrange for relevant third party Lifestyle Providers to supply or provide Lifestyle Products/Services which we agree to supply. We will make contact with and liaise with Lifestyle Providers on your behalf except in cases where it is more appropriate for you to contact the Lifestyle Provider directly (when we supply you with their contact details and other relevant information).
6. Payments for Lifestyle Products/Services
6.1 When ordering a Lifestyle Products/Services or accessing a membership benefit, it may be necessary for you to provide us with details of your credit or debit card (“Payment Card”) and authorise us to pay Lifestyle Provider(s) using your Payment Card for Lifestyle Products/Services you wish to order. If you authorise us to use your Payment Card in this way, you acknowledge and agree that we will have no liability in respect of such use of your Payment Card provided we act in accordance with your authorisation.
6.2 You must ensure that any Payment Card you use (or authorise us to use as described in clause 6.1) is in your own name, and that there are sufficient funds to cover the cost of any Lifestyle Product/Service ordered. You must also ensure that all details you provide to us for the purpose of booking, ordering or purchasing Lifestyle Products/Services are correct.
6.3 We may be required to order or purchase goods or services on your behalf in relation to Lifestyle Products/Services you order or when you access certain membership benefits. If we act as a credit agent for you in this way, you hereby authorise us to deduct the relevant sum we expend (together with any applicable credit or debt card charges) from your Payment Card at any time within 30 days of the payment date.
6.4 From time to time, we may charge a handling charge for arranging or providing certain Lifestyle Products/Services or accessing certain membership benefits, although we will notify you of the relevant charge before you incur it. You hereby authorise us to debit your Payment Card with any such handling charges which you incur from time to time.
7. Membership & Joining Fees
7.1 You agree to pay us a one-off Joining Fee (at the level applicable at the date of the SAM Lifestyle Contract) when you first become a SAM Lifestyle member.
7.2 You also agree to pay to us a monthly Membership Fee during the life of the SAM Lifestyle Contract at our current rate from time to time. The annual Membership Fee is payable monthly in advance, with the first instalment due on acceptance of your SAM Lifestyle Membership application. We may increase Membership Fees annually, subject to giving you advance notice in writing.
7.3 Membership Fees in the second Year of your SAM Lifestyle Contract will be the same as your first Year’s Membership Fee notwithstanding any Membership Fee increase that may have occurred during the preceding year. Membership Fees in the third and subsequent Years of your SAM Lifestyle Contract will be charged at the then current Membership Fee rate.
7.4 The Joining Fee and Membership Fees may be paid by direct debit or you may authorise us to debit these fees from your Payment Card. We may take payment of the monthly Membership Fee (whether by direct debit or using your Payment Card) up to 28 days prior to the relevant payment date.
7.5 If payment of any sum is not made by the due date, we shall be entitled, without limiting any other rights we may have, to claim and charge you interest (and reasonable compensation for debt recovery costs) under the terms of The Late Payment of Commercial Debts (Interest) Act 1998 (and any enactment, order, regulation or other statutory instrument made under it).
7.6 All sums payable by you are exclusive of any Value Added Tax, for which you shall be additionally liable at the applicable rate from time to time.
7.7 We may also from time to time change the manner in which our charges must be paid by sending you reasonable prior written notice of such change.
8. Liability
8.1 We will use reasonable skill and care in operating the SAM Lifestyle scheme, and in arranging the supply of any Lifestyle Products/Services which you order. Please note however that as we act as your agent in sourcing the goods or services from third party Lifestyle Providers, we have no contractual liability to you in respect of those goods or services. You must use your own skill and judgement as to, the quality, value and suitability of Lifestyle Products/Services and in deciding whether to enter into any contract with any third party Lifestyle Provider. However, we may still be liable to you if we have been negligent, or if we have misrepresented important information, or have been in breach of any other relevant law.
8.2 We have no contractual liability to you:
8.2.1 for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions you supply which is or are incomplete, incorrect or inaccurate;
8.2.2 for any unforeseeable loss or damages arising from the provision (or non-provision) of the SAM Lifestyle scheme, including loss of profit or consequential loss or damage; or
8.2.3 by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the SAM Lifestyle scheme, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause beyond the Supplier’s reasonable control.
8.3 We aim to ensure that viruses (or other programs having adverse effects) do not reside on the SAM Website, but we accept no responsibility in relation to this.
8.3 Nothing in these Condition affects any liability for death or personal injury caused by our negligence or for fraudulent misrepresentation, or your statutory rights as a consumer.
9. Changes to these Conditions
We may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be in writing either through the SAM Website, via email, or by post.
10. Applicable Law
These Conditions and the SAM Lifestyle Contract are governed by the laws of England.
11. Contacting Us
If you have any queries or complaints please call +44 (0)845 226 1188 or email info@sportsassetmanagement.com. Alternatively you can write to us at: Sports Asset Management Limited, Lower Ground Floor, Zicon House, Belgrave Street, Leeds, LS2 8DD.
Our registered office is at: Sports Asset Management limited, 19 Cave Road, Brough, East Yorkshire HU15 1HA, United Kingdom.
Sam Lifestyle - Conditions relating to different Lifestyle Products/Services
A. Travel
Any services including travel tickets and package holidays purchased through us will be subject to the terms and conditions of the travel or holiday operator and the Lifestyle Provider. Please note that we are not an authorised travel agent or tour operator, and we only act as an introductory agent on behalf of the relevant Lifestyle Provider.
B. Restaurants and Clubs
If you book a restaurant through the SAM Lifestyle service, you authorise us to debit your Payment Card with any deposit paid by us on your behalf to the restaurant. This deposit will usually be forfeited if you subsequently cancel the restaurant booking.
C. Tickets
1.1 We can often obtain “best tickets” for sold-out events, either directly or through one of our ticket Lifestyle Partners. Please note that you will purchase such tickets above their usual face value, which price includes our charge(s) reflecting our costs and efforts in obtaining your premium seats.
1.2 No refunds or cancellations are available after you have received your tickets.
1.3 In the events of an event cancellation directly by the artist/promoter, you will usually be entitled to a refund of only the face value of tickets purchased.
1.4 Your tickets will be despatched by Special Delivery Postage (for which you will be charged the then standard rate for that service), which is guaranteed by Royal Mail to reach you by noon on the following working day. Please note that neither we nor our ticket Lifestyle Provider will be liable for any failure by the Royal Mail to deliver your tickets, but we will endeavour to investigate any late or non-deliveries with them if you notify us of this.
1.5 Tickets are usually dispatched within 2 days from the time of booking if the tickets are already in stock. However, please be aware that some events do not permit despatch of tickets until the week prior to the relevant event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show.
1.6 In the event that any tickets you order cease to be available, we may at our discretion either upgrade your tickets (at no additional charge to you) or offer you a downgraded ticket (in which case you will receive a partial refund of any difference in the price of the tickets) or you may choose to cancel your ticket order and receive a full refund.