TOTUM PRO Terms & Conditions
TOTUM PRO Platform Registration Terms and Conditions
1 // INTRODUCTION
These Terms and Conditions govern your TOTUM PRO platform registration and the associated possession and use of the accompanying TOTUM PRO card. The TOTUM PRO 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 PRO platform registration is issued to 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”).
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 discount or promotion to you if you make a purchase of goods or services from them and proffer your TOTUM PRO platform registration identification to them; “Clause” means a clause of these Terms and Conditions; “Online Payment Provisions” means the additional provisions contained in the schedule; “PASS ID” means a national proof of age accreditation scheme, endorsed by the Home Office, the National Police Chiefs’ Council (NPCC) and the Security Industry Authority (SIA) providing verification of age and identity; “Professional Learner” means a full-time learner or learner who studies more than ten (10) hours per week for a minimum of twelve (12) weeks on a Qualifying Course at a Professional Organisation in the United Kingdom; “Professional Member” means someone who has completed a Qualifying Course and is now a member of the Professional Organisation; “Professional Organisation” means a professional course provider approved by us for the purposes; whether or not that party is accredited to the NUS; “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; “Staff Member” means an individual who is employed by the Professional Organisation acknowledged by us; “Third Party” means a person, partnership, company or any other undertaking not being Us or You; “TOTUM PRO Platform Registration” means registration for the physical TOTUM PRO card, the associated on-line identification on the TOTUM website (ww.totum.com) and the TOTUM software “app” for personal mobile devices; “United Kingdom” excludes the Isle of Man and the Channel Islands; “Voucher Codes” means electronic voucher codes permitting a Professional Learner to be verified as such when that Professional Leaner first signs up to join the TOUTM PRO Platform for the discount scheme; and “You” means the individual purchasing the TOTUM PRO platform registration.
3 // AGREEMENT
When you purchase a TOTUM PRO 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 PRO platform registration and to possess and use the TOTUM PRO card and PASS ID. You must also comply with our TOTUM website terms of service, a copy of which can be found here: www.totum.com/terms-of-service.
You have the right to cancel the TOTUM PRO platform registration and any associated PASS ID within fourteen (14) days of the completion of your TOTUM PRO platform registration provided that during that period you have not used your TOTUM PRO platform registration to obtain a discount or promotional offer. Details of how to cancel your TOTUM PRO platform registration can be found on our FAQ.
4 // WARRANTIES
You represent and warrant to us as follows:
You are a Professional Learner, Professional Member or Staff Member at the time of purchasing your TOTUM PRO platform registration;
You have received a voucher code from your Professional Organisation to enable completion of your TOTUM PRO platform registration;
You intend to remain a Professional Learner, Professional Member or Staff Member for the duration of your TOTUM PRO platform registration;
You are at least sixteen (16) years of age at the time you purchase the TOTUM PRO platform registration;
You have completed all the information given to us during the registration process truthfully and accurately;
You have previously held a NUS extra, Apprentice Extra or TOTUM membership
Any supporting documentation you have supplied is accurate; and
You will not permit any third party to use your TOTUM PRO platform registration or PASS ID to seek a discount or promotions offered by a Brand or for any other reason.
OneVoice Digital reserves the right to cancel the platform registration of any user where these warranties are not valid. Refunds for cancellations will not be supplied to those whose actions constitute a fraud.
5 // PAYMENT
The price of a TOTUM PRO platform registration and PASS ID bolt-on is indicated when you carry out the platform registration.
When the TOTUM PRO card is purchased with a PASS ID it will be printed on the reverse. If you already possess a physical TOTUM PRO card and later purchase a PASS ID bolt-on you will be supplied with a new TOTUM card with the PASS ID printed on the reverse at no additional cost to the bolt-on already purchased.
Payment in full is a condition precedent to your possession and use of the TOTUM PRO platform registration. If you do not pay for your TOTUM PRO platform registration, for example because your credit card payment is not honoured, we may cancel the TOTUM PRO platform registration.
We may increase the price of the TOTUM PRO platform registration from time to time, but any change will not affect the price of any TOTUM PRO platform registration you have already purchased, although the increased price will apply to any renewal of that TOTUM PRO platform registration.
You have the right to cancel the TOTUM PRO platform registration (and any associated PASS ID purchase) within fourteen (14) days of the completion of your TOTUM PRO platform registration provided that in that period you have not used your TOTUM PRO platform registration to obtain a discount or promotional offer. Details of how you can cancel your TOTUM PRO platform registration can be found on our FAQ.
If we have already dispatched a TOTUM PRO card to you when you request a cancellation, you must return your unused TOTUM PRO card to us before we refund you the monies you have paid for the TOTUM PRO platform registration. In such circumstances we shall deduct an administration charge of three pounds fifty pence (£3.50) from that refund.
Where you are a third party buying the TOTUM PRO platform registration on behalf of another individual you can 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 PRO platform registration and any bolt-on as indicated during the registration process. You may effect payment by Visa or Mastercard. However, you shall remain liable for the 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 PRO 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.
When purchasing a PASS ID you must verify your identity within twenty-one (21) days of purchase by providing the required documentation and photographs. If attempts to do so are rejected for not meeting requirements we will post your TOTUM PRO card without the PASS ID on the reverse to your nominated address.
We will use our reasonable endeavours to despatch a physical TOTUM PRO (and any bolt-on PASS ID) to you within fourteen (14) days after you have:
Paid us for the TOTUM PRO platform registration;
Fully and properly completed the registration process (whether physical or on-line);
Supplied us with a complete address;
Supplied us with the required photographs; and
Successfully verified your identity to the standards required for a PASS ID.
We are under no obligation to send you a physical TOTUM PRO card until you have complied with the above.
7 // CANCELLATION OF THE TOTUM PRO PLATFORM REGISTRATION
We may cancel your TOTUM PRO platform registration in the circumstances mentioned in these Terms and Conditions. We may cancel the TOTUM PRO platform registration where you ease to be a Professional Learner, Professional Member or Staff Member. We may cancel your TOTUM PRO platform registration if any of the warranties you have given in clause 4 are incorrect, those which constitute a fraud will not be refunded.
We may cancel your TOTUM PRO 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 breach.
Your TOTUM PRO card at all times remains our property. You have a licence to keep and use it for so long as the TOTUM PRO card is not cancelled. When we cancel the TOTUM PRO card, you must immediately return the TOTUM PRO card to our registered office address which is given in clause 1. Your continued use of the TOTUM PRO card may constitute a fraud.
For the avoidance of doubt, where we cancel your TOTUM PRO platform registration, your PASS ID will also be cancelled.
8 // REPLACEMENT, RENEWAL AND STOLEN CARDS
If you lose or damage your TOTUM PRO card, we can replace the TOTUM PRO card at a cost of £3.50. if your TOTUM PRO card has been damaged you must return the damaged card to us.
If your TOTUM PRO card is stolen, we can send you a free replacement if you provide us with a crime reference number. If you do not have a crime reference number, you will need to order a replacement card at the cost stated above.
For details of how to replace your TOTUM PRO card in these circumstances and for the associated charge for doing so, see our FAQ.
For details of how to renew your TOTUM PRO platform registration see our FAQ.
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 PRO card and PASS ID is personal and is not transferable. You obtain a discount or promotion by presenting the TOTUM PRO card or the TOTUM virtual ID on your mobile device to a Brand, or by inputting a redemption/discount code on a Brand website 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. Discounts on the TOTUM PRO section of the website are available to all individuals with a TOTUM PRO platform registration.
We endeavour to ensure that every Brand accepts the TOTUM PRO virtual ID on your mobile device as well as the TOTUM PRO card, but do not guarantee that this will always be the case. Where we know that a Brand does not accept the TOTUM PRO virtual ID on your mobile device, we will use reasonable endeavours to indicate that this is the case on our website here. While PASS ID is an accredited form of identification we cannot guarantee that it will be accepted at all venues. If your PASS ID is not accepted please fill out the form on the PASS website.
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 good, 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 PRO card, TOTUM PRO virtual ID on your mobile device or provide a discount code retrieved from the TOTUM website to a Brand to receive the discount or promotion offered by the Brand. The TOTUM PRO 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 PRO registration identification number stored on a mobile device app conglomerating such as Stocard or Fidme.
The TOTUM PRO platform registration is not a proof-of-age or proof-of-identity card unless purchased with the PASS ID or PASS ID bolt-on.
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 or your Professional Organisation.
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 PRO 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 PRO 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 of service, 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 PRO 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 information, 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.