TOTUM Platform Registration Terms and Conditions
1 // Introduction
These Terms & Conditions govern your TOTUM platform registration and the associated possession and use of the accompanying TOTUM card and ISIC card. The TOTUM platform registration is issued by OneVoice Digital Limited (company number 10842253) whose registered office is at 196 Deansgate, Manchester, M3 3WF (referred to in these Terms and Conditions as “us” and “we”). The TOTUM platform registration is issued by us pursuant to an agreement between us and NUS Services Limited (company number 01639519) whose registered office is at Snape Road, Macclesfield, Cheshire, SK10 2NZ (referred to in these Terms and Conditions as “NUS”).
When you purchase a TOTUM platform registration you are also purchasing an International Student Identity Card (an “ISIC Card”). We issue that part of the TOTUM card pursuant to an agreement between us and ISIC Global Office B.V. a limited liability company situated in the Netherlands with its registered office at Keizersgracht 174-176, 1016 DW Amsterdam, The Netherlands.
2 // Definitions
In these Terms and Conditions:
“Agreement” means the agreement between us based on these Terms and Conditions;
“Brand” means a business organisation offering to give a discount or promotion to you if you make a purchase of goods or services from them and proffer your TOTUM platform identification registration to them;
“clause” means a clause of these Terms and Conditions “Specified Education Establishment” means any of the following:
- a secondary school establishment in the United Kingdom, Isle of Man or Channel Islands;
- a further or higher education establishment in the United Kingdom;
- a professional course provider approved by us for the purposes; whether or not that third party is accredited to the NUS;
“Online Payment Provisions” means the additional provisions contained in the schedule;
“Qualifying Course” means a course of study leading to an exam, qualification or test regulated by the Office of Qualifications and Examinations Regulation (Ofqual), the Scottish Qualification Authority, Qualifications Wales or the Council for the Curriculum, Examinations and Assessment of Northern Ireland;
“schedule” means the schedule to these Terms and Conditions which schedule forms part of these Terms and Conditions;
“Student” means a full-time student or a student who studies more than ten (10) hours per week for a minimum of twelve (12) weeks on a Qualifying Course at a Specified Education Establishment in the United Kingdom.
“third party” means a person, partnership, company or any other undertaking not being Us or you;
“TOTUM platform registration” includes registration for the physical TOTUM card, the associated on-line identification on the TOTUM website and the TOTUM software “app” for personal mobile devices;
“United Kingdom” excludes the Isle of Man and the Channel Islands;
“you” means the individual purchasing the TOTUM platform registration.
3 // Agreement
When you purchase a TOTUM platform registration you are entering into a legally binding agreement with us. These Terms and Conditions set out that agreement. We therefore recommend that you read these Terms and Conditions.
You must accept these Terms and Conditions in order to obtain a TOTUM platform registration and to possess and use the TOTUM card. You must also comply with our TOTUM website terms and conditions, a copy of which can be found here: www.totum.com/terms-of-service.
You have the right to cancel the TOTUM platform registration (and any associated ISIC card) within fourteen (14) days of the completion of your TOTUM platform registration provided that during that period you have not used your TOTUM platform registration or ISIC card to obtain a discount or promotional offer. Details of how to cancel your TOTUM platform registration can be found on our FAQ.
4 // Warranties
You represent and warrant to us as follows:
- You are a Student at the time of purchasing your TOTUM platform registration;
- You intend to remain a Student for the period of duration of your TOTUM platform registration;
- You are at least sixteen (16) years of age at the time you purchase the TOTUM platform registration.
Note that you do not need to be at an establishment whose students' union is affiliated to the NUS to purchase a TOTUM platform registration, provided that you are in fact a Student.
You represent and warrant to us that:
- you have completed all the information given to us during the registration process truthfully and accurately; and
- any supporting documentation you have supplied is accurate; and
- you will not permit any third party to use your TOTUM platform registration to seek a discount or promotions offered by a Brand or for any other reason.
5 // Payment
The price of a TOTUM platform registration is indicated when you apply for a TOTUM platform registration.
The TOTUM card is issued with an ISIC card being printed on the reverse. There is no additional charge for issuing a TOTUM card with an ISIC card. However, while your TOTUM platform registration (and the accompanying TOTUM card) can be issued for longer than a year, the ISIC card can only be issued for a period of one year.
Payment in full is a condition precedent to your possession and use of the TOTUM platform registration. If you do not pay for your TOTUM platform registration, for example because your credit card payment is not honoured, we may cancel the TOTUM platform registration.
We may increase the price of TOTUM platform registration from time to time, but any change will not affect the price of any TOTUM platform registration you have already purchased, although the increased price will apply to any renewal of that TOTUM platform registration.
You have the right to cancel the TOTUM platform registration (and any associated ISIC card) within fourteen (14) days of the completion of your TOTUM platform registration provided that in that period you have not used your TOTUM platform registration or ISIC card to obtain a discount or promotional offer. Details of how to cancel your TOTUM platform registration can be found on our FAQ.
If we have already despatched a TOTUM card to you when you request a cancellation, you must return your unused TOTUM card to us before we refund to you the monies you have paid for the TOTUM platform registration. In such circumstances we shall deduct an administration charge of three pounds fifty pence (£3.50) from that refund.
Where you cancel your TOTUM platform registration, your ISIC card will also be cancelled.
Where you are a third party buying the TOTUM platform registration on behalf of another individual you confirm that you have brought these Terms and Conditions to the attention of that other individual and that the other individual has accepted these Terms and Conditions.
6 // Further Payment Provisions
You must pay us the monies and the delivery charges for the TOTUM platform registration as indicated during the registration process. You may effect payment by Visa or Mastercard. However, you shall remain liable for payment until we are in receipt of cleared funds.
Payment is due immediately upon registration.
You shall not be entitled to make any set-off or counterclaim or claim any lien in respect of any monies owed by you and you shall pay all amounts due pursuant to these Terms and Conditions without making a deduction of any kind.
Before you receive the physical TOTUM card, you must provide us with a photograph of yourself as indicated during the registration process. You must also promptly supply the supporting information requested during the registration process.
We will use our reasonable endeavours to despatch a physical TOTUM card (with an ISIC card on the reverse) to you within fourteen (14) days after you have:
- paid us for the TOTUM platform registration;
- fully and properly completed the registration process (whether physical or on-line);
- supplied us with a complete address; and
- supplied us with the required photograph.
We are under no obligation to send you a physical TOTUM card until you have complied with the above.
7 // Cancellation of the TOTUM platform registration
We may cancel your TOTUM platform registration in the circumstances mentioned in these Terms and Conditions. We may cancel the TOTUM platform registration where you cease to be a Student. We may cancel your TOTUM platform registration if any of the warranties you have given in clause 4 are incorrect.
We may cancel your TOTUM platform registration if you breach any other provision of these Terms and Conditions (or any provision of the TOTUM website terms and conditions, a copy of which can be found here: www.totum.com/terms-of-service) and, in the case of a breach capable of being remedied, you do not remedy the breach within twenty-one (21) days of our requesting you to remedy the reach.
Your TOTUM card at all times remains our property. You have a licence to keep and use it for so long as the TOTUM card is not cancelled. When we cancel the TOTUM card, you must immediately return the TOTUM card to us to our registered office address which is given in clause 1. Your continued use of the TOTUM card may constitute a fraud.
For the avoidance of doubt, where we cancel your TOTUM platform registration, your ISIC card will also be cancelled.
8 // Replacement and Renewal
If you lose or damage your TOTUM card, we can replace the TOTUM card. If your TOTUM card has been damaged you must return the damaged card to us. For details of how to replace your TOTUM card in these circumstances and for the associated charge for doing so, see our Frequently Asked Questions page.
You can renew your TOTUM platform registration at any time within thirty (30) days of the date of expiry of your existing TOTUM platform registration provided that:
- You are a Student at the time of purchasing the renewal of your TOTUM platform registration;
- You intend to remain a Student for the period of duration of your renewed TOTUM platform registration.
For details of how to renew your TOTUM platform registration see our Frequently Asked Questions page.
9 // Use of the TOTUM Platform
The TOTUM platform is designed to allow you to obtain access to discounts or promotions offered by Brands from time to time. The TOTUM card is personal and is not transferable. You obtain a discounts or promotion by presenting the TOTUM card or the TOTUM virtual ID on your mobile device to a Brand, at the point in time of ordering the relevant goods or services from the Brand.
You can see a list of some of the discounts and promotions of Brands at our website at any time here. While we use our reasonable efforts to keep that website up to date we do not guarantee to do so, since those discounts and promotions may be varied by Brands without notice at any time.
We endeavour to ensure that every Brand accepts the TOTUM virtual ID on your mobile device as well as the TOTUM card, but do not guarantee that this will always be the case. Where we know that a Brand does not accept the TOTUM virtual ID on your mobile device, we will use reasonable endeavours to indicate that this is the case on our website here.
Any discount or promotion offered by a Brand is not guaranteed and may be varied by a Brand without notice at any time.
We are not responsible for the provision of any goods, discount, benefit or other service by a Brand.
We are not a guarantor of nor are we responsible in any way for (i) the provision of any goods or services by a Brand or any other third party or (ii) anything arising out of the provision of those goods or services.
You must show your physical TOTUM card or the TOTUM virtual ID on your mobile device to a Brand to receive the discount or promotion offered by the Brand. The TOTUM card is not designed to be used with mobile device app identification conglomerating services such as Stocard or Fidme. A Brand may refuse to accept to accept a TOTUM registration identification number stored on a mobile device app conglomerating such as Stocard or Fidme.
The TOTUM platform registration is not a proof-of-age or proof-of-identity card.
10 // Personal Information
We respect your personal information and take appropriate steps to keep it secret.
We only use your personal information to fulfil contractual obligations we may owe to you, your Specified Education Establishment, any student union at your Specified Education Establishment or where your student union is affiliated to the NUS, the NUS.
Where you have asked us to pass on personal information to a third party, we may also pass your personal information to that third party.
11 // Contracts (Rights of Third Parties) Act 1999
A third party shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of this Agreement.
12 // Whole Agreement and Representations
These Terms and Conditions set out the entire agreement between us relating to the TOTUM platform registration and its use.
This Agreement supersedes all previous written or other documents or agreements (written or oral) relating to the subject matter of this Agreement including without limitation all other information on our website regarding the TOTUM platform registration. You acknowledge that in entering into this Agreement you have not relied upon any representations other than those reduced to writing in these Terms and Conditions. The provisions of this clause 12 shall not apply to any fraudulent misrepresentation.
Notwithstanding the above, your use of our website at www.totum.com is governed by the TOTUM website terms and conditions, a copy of which can be found here:
13 // Miscellaneous
In the event of any conflict between these Terms and Conditions and any web page linked to by these Terms and Conditions, the provisions of these Terms and Conditions shall prevail.
We may assign the whole of this Agreement as we in our discretion see fit.
We may sub-contract any of our rights and obligations under this Agreement as we in our discretion see fit. The production of the physical TOTUM card is undertaken by a United Kingdom card manufacturer.
Our failure at any time to enforce a provision of this Agreement shall not be deemed a waiver of such provision or of any other provision of this Agreement or of our right thereafter to enforce that or any other provision of this Agreement.
14 // Interpretation
The headings to the clauses and the schedule shall not affect the construction of these Terms and Conditions.
In these Terms and Conditions the use of the plural shall include the singular and the use of the singular shall include the plural.
In these Terms and Conditions references to the masculine, feminine or neuter genders shall include each and every gender.
In these Terms and Conditions the use of the phrases “for example” or “such as” shall be read as “including without limitation by way of example only”.
15 // Governing Law
The formation, construction, performance, validity and all aspects whatsoever of these Terms and Conditions and the Agreement shall be governed by English Law and each of us hereby submits to the non-exclusive jurisdiction of the English courts.