Terms and Conditions

IronWorks Membership Terms and Conditions – Version 1 – Last updated 28th February 2024

 1. Who we are

1.1. We are Kiwi Community Events CIC trading as The IronWorks (that’s who we mean by “IronWorks”, “we, “us” or “our”).

1.2. We’re a company registered in England and Wales with company number 13696514. Our registered office is at Silver Rose, Unit 21, East Lodge Village, Enfield, EN2 8AS, UK.

  1. What are these terms and conditions? 

2.1. These are the terms and conditions (let’s call them the “The IronWorks T&Cs”) on which we supply subscription services and products included in our “IronWorks Membership Subscription” coffee shop subscription service. These terms and conditions, and the IronWorks Account & Loyalty terms and conditions, are mandatory for anyone purchasing an IronWorks Membership Subscription – if you do not confirm your acceptance of these terms and conditions during the order process, you will not be able to order an IronWorks Membership Subscription. In order to manage your  IronWorks Membership Subscription, you must sign up for an IronWorks Account.

 3. Ordering Our IronWorks Membership Subscription 

3.1.  Who can order an IronWorks Membership Subscription. We can only accept  IronWorks Membership Subscription orders from those aged 18 or over who have the legal capacity to enter into a binding contract with us. You must be located in the UK, and can’t be in breach of any agreements with us or any of our terms and conditions (including these ones). 

3.2. Where IronWorks Membership Subscriptions can be redeemed. Our IronWorks Membership Subscription is only available at The IronWorks – 90 High Street, Southend-on-Sea, Essex, SS1 1JN, UK.

3.3. How to order an IronWorks Membership Subscription. In order to submit an order, you will be required to provide an email address and fill in a subscription form either via our website, www.ironworkssouthend.co.uk or in person at The IronWorks. You will have to sign and agree to these terms and conditions. You should check all of the information that you enter and correct any errors before submitting your order, as once your order is submitted, we will begin processing it immediately.

3.4. How we will accept your  IronWorks Membership order. Your order constitutes an offer to us to buy  IronWorks Membership Subscription. Our acceptance of that offer (and the formation of a contract between you and us according to these terms and conditions) will take place when we send you a confirmation email to accept your  IronWorks Membership Subscription, at which point a legally binding contract will be formed between you and us pursuant to these terms and conditions.

3.5. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the subscription. This might be:  

3.5.1. because  IronWorks Membership Subscriptions are no longer available; 

3.5.2. because of unexpected limits on our resources which we could not reasonably plan for;   

3.5.3. because we have identified an error in the price or description of the IronWorks Membership Subscription. 

 4. Do any other terms apply? 

4.1. These terms and conditions only govern the IronWorks Membership Subscription, so they apply in addition to any other agreements made between you and us, and any policies and notices that we communicate to you from time to time (each to the extent applicable). That might include: 

4.1.2. our Privacy Policy which lets you know how we process your personal data (including as part of your IronWorks Membership Subscription).

  1. Your IronWorks Membership Subscription   

5.1. By ordering the IronWorks Membership Subscription and paying any recurring monthly subscription fees (as set out in your order) to keep your IronWorks Membership Subscription active, you will be able to redeem your IronWorks Membership Subscription at The IronWorks, 90 High Street, Southend-on-Sea, Essex, SS1 1JN, UK: (i) a maximum of 4 Eligible Drinks per day, every day. We reserve the right to change the number of Eligible Drinks per day, subject always to providing you with forty (40) days’ notice in accordance with clause 9.

5.2. Once we have accepted your IronWorks Membership Subscription order and for each month your IronWorks Membership Subscription is successfully renewed, you will receive an email confirming that your payment has been successful. Your IronWorks Membership Subscription starts on the day we send your confirmation email, and it’s your responsibility to check your email for this, including, if necessary, your spam folder. Once you have received your confirmation email, you can use your IronWorks Membership Subscription.

In order to redeem your IronWorks Membership Subscription against an Eligible Product (as defined in clause 6.1.1 below), you will need to present your membership card in our store. 

5.3. You should keep your membership card safe, and you are not permitted to share it with any other person. It is your responsibility to ensure that nobody obtains unauthorised use of your membership card, and we won’t be held liable for any loss suffered by you (including any lost subscription perks) for any such unauthorised use of your membership card unless it’s due to our fault or negligence. We are not obliged to issue a new card to you in the event you do not keep your card confidential. If we reasonably suspect that you are sharing your membership card in breach of these terms and conditions, we may suspend your account while we investigate. Investigations may take up to fourteen (14) days. If we find that you have breached these terms and conditions in a serious way, we may cancel your IronWorks Membership Subscription with immediate effect and without refunding you for the remaining period of your IronWorks Membership Subscription. We also reserve the right to ban your IronWorks Membership Subscription and take further action if we deem it appropriate.  

5.4. Your IronWorks Membership Subscription will renew automatically each month and will continue unless paused or cancelled by you or us in accordance with these terms and conditions. Each subscription period is from the first day of the month to the last day. If you subscribe mid-month, you will still be able to redeem the quantity of products you have subscribed to – i.e Silver -1 coffee a month, Gold 4 coffees per month, however with the Platinum 4 hot drinks per day – we will take the figure of £30 and divide by the days of the month and only charge you for the amount per day left in that month. The amount of coffees owed will also be based on this calculation. For example, if you subscribe on the 5th of March – we divide £30 by 31 days = 0.96p a day and then multiply that by the days left in the month, so 0.96p x 26 days = £25.16. The quota of hot drinks to be redeemed will be calculated in the same way 4 per day x 26 days. Your IronWorks Membership Subscription will then revert to £30 a month from the 1st of the following month. 

5.5. You can only redeem your IronWorks Membership PLATINUM Subscription for one Eligible Drink every 30 minutes up to a maximum of 4 Eligible Drinks per day. 

5.6. There is a limit of one IronWorks Membership Subscription per person. You must not register for a new IronWorks Membership Subscription account with new details (a “Duplicate Subscription”), even where an older IronWorks Membership Subscription has expired, unless you have a bona fide reason to do so (for example, because you have lost access to the original email account used when you signed up). We reserve the right to carry out checks for Duplicate Subscriptions and to terminate any Duplicate Subscriptions that we become aware of. If we cancel a Duplicate Subscription you will lose any campaign offer or Voucher which you had been granted in error as a result of signing up for a Duplicate Subscription. If you reactivate that Duplicate Subscription in your account (to the extent we allow you to), you will therefore be charged the current subscription price, and this payment will be taken immediately.  

5.8. Where you have requested to The IronWorks that your personal details, including a previous IronWorks Membership Subscription, be deleted and you subsequently re-register for a new IronWorks Membership Subscription, this shall be considered a Duplicate Subscription. In accordance with our Privacy Policy, we reserve the right to retain your details for fraud prevention purposes. 

5.9. Any Eligible Products redeemed using your IronWorks Membership Subscription must be for your personal consumption only.  

5.10. IronWorks Membership Subscription cannot be exchanged for other goods or products and are only eligible for refunds to the extent expressly set out in these terms and conditions.   

  1. IronWorks Membership Subscription Products 

Eligible Drinks

6.1.  You will be able to redeem your IronWorks Membership Subscription against the following barista-made products: coffees, teas, hot chocolates and all iced and over-ice drinks, including any milk alternatives where such alternatives can be used in the product, and a single shot of syrup or ‘make me stronger’ in coffee-based drinks which have been prepared by a barista (“Eligible Drinks”).  Any additional shots of syrup or extra coffee, or the addition of coffee to non-coffee-based drinks, shall incur an additional fee (“Additional Extras”).

6.2. All Eligible Drinks are subject to availability, equipment, staffing resources, and all of our usual terms and conditions, in addition to any particular terms, conditions, rules or policies which may apply. The list of Eligible Drinks may change from time to time and we will endeavour to update this list as and when products are added or removed and notify you at least forty (40) days before any significant changes to the list. 

6.3. We may decide from time to time, at our sole discretion, that Eligible Drinks may not be redeemed in reusable cups due to the ongoing COVID-19 health and safety implications.

6.4. If you have any dietary requirements or allergies, please request our Allergen Guide in the usual way before redeeming and enjoying any IronWorks products. We can’t guarantee any of our products will be suitable for those with allergies due to a high risk of cross-contact. Our vegan products are made to a vegan recipe but are not suitable for those with dairy and egg allergies. If you have any questions about our ingredients or produce, please do ask in store. 

  1. Subscription Fees 

7.1. Monthly subscription fee. Subject to any pause or cancellation of your IronWorks Membership Subscription, we will charge you the monthly subscription fees  using the payment method selected by you during the order process (or any updated details provided by your bank in the event that you receive a new card). We reserve the right to change the subscription fee upon providing at least forty (40) days’ notice to you, subject always to your ability to cancel your IronWorks Membership Subscription in accordance with clause 9. The subscription fee includes VAT. The first payment will be taken the day you sign up for the IronWorks Membership Subscription. You accept that the IronWorks Membership Subscription will automatically renew and has automatically recurring payments as detailed in these terms and conditions, and that you will be responsible for all recurring fees. Your IronWorks Membership Subscription provides you with the right to use subscription benefits at your discretion (subject to these terms and conditions). Your non-use will not obligate us to provide you with any refund, in whole or part, of your monthly subscription fee. You remain responsible for any uncollected amounts. Should you wish to take part in any of our additional services, additional charges may be levied if applicable. If payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription and subsequently cancel it if payment is still not received. 

7.2. Payment type. Payment can be made by any MasterCard, Visa or American Express debit or credit card – we use ‘GoCardless’ to process your monthly subscription – however, your first payment may be taken as cash or via our SumUp machine so that we have time to set your membership up on our system.

7.3. Recurring monthly subscription fees. Subject to either you or us exercising our rights to pause, cancel or terminate the IronWorks Membership Subscription, you authorise us to, and accept that we will, charge your original payment method on a recurring monthly basis beginning on the day after your first month of subscription ends and every month thereafter until you cancel or we suspend or terminate your access to the IronWorks Membership Subscription. The recurring subscription fee is based on the chosen membership level i.e Silver at £5 per month, Gold at £10 per month and Platinum at £30  and will be charged on the first day of each  month.

7.4. Each month, after the recurring monthly payment has been received, we will email you to confirm your IronWorks Membership Subscription has been renewed for another month. Unless you pause or cancel your IronWorks Membership Subscription – which must be done either in person, in store or via email hello@ironworkssouthend.co.uk, it will be automatically renewed for successive months at the then-current subscription fee. We reserve the right not to renew your IronWorks Membership Subscription at any time without cause. Payment details are stored securely by a third party to allow recurring payment for future recurring payments. If, of course, The IronWorks faces closure, we will terminate the membership immediately. We would only close at the end of a calendar month.

7.5. Payment failure. If payment of a recurring subscription fee fails because there is an issue with the payment method, for example, the debit card has expired, we will contact you via email. You may add, update or change payment cards or other subscription details such as email address and billing address by emailing us hello@irwonworkssouthend.co.uk.

7.6. Changes to subscription fees. If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least forty (40) days before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in clause 9.2 below.  

  1. Pausing your IronWorks Membership Subscription

8.1. You can pause your IronWorks Membership Subscription at any time. If you decide to pause, this will become effective from the first day of the following month.

8.2. To pause your IronWorks Membership Subscription, please email us giving us at least seven (7) days notice ahead of the first of the month.

8.3. When you pause your IronWorks Membership Subscription, it will run for a month by default (a full 31 days) unless you decide to resume earlier.

 8.4. You may only pause once in each billing cycle. 

  1. Cancelling your IronWorks Membership Subscription  

9.1. You can cancel your IronWorks Membership Subscription at any time. For paid subscriptions, the cancellation will be effective from the end of the subscription month in which you cancel. Other than as set out in clause 9.5, cancellations are not eligible for refunds.

9.2. To cancel your IronWorks Membership Subscription, you need to email us at hello@ironworkssouthend.co.uk

9.3. To cancel your IronWorks Membership Subscription when it is paused, you will need to email us at hello@ironworkssouthend.co.uk

9.4. Cancellation will take effect at the end of the subscription month in which you cancel it so you can continue to use your existing subscription until your subscription month has expired. The recurring subscription fee will not be taken from you the following subscription month. You will not receive a refund for any part of a month in which you cancel.  

9.5. We will send you an acknowledgement of receipt by email.  

  1. If you do not make any payment to us when it is due, we will write to you to remind you that payment is due.  If you still do not make payment within 7 days of us reminding you that payment is due, we may end the contract by giving you written notice. 

11 We may withdraw the IronWorks Membership Subscription. We will write to you to let you know that we are going to stop providing the IronWorks Membership Subscription. We will let you know at least 1 month in advance of our stopping the IronWorks Membership Subscription and will not take any subsequent recurring monthly subscription fees. 

11.1 We may cancel your IronWorks Membership Subscription if: 

11.1.1. you are in serious breach of these terms and conditions;

11.1.2. you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions. 

11.2. You breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach; 

11.2.1. you engage in anti-social or unacceptable behaviour towards our employees or other customers in our shop. 

  1. If there is a problem with the IronWorks Membership Subscription.

12.1. If you have any questions or complaints about the IronWorks Membership Subscription, please contact us via email at hello@ironworkssouthend.co.uk. Alternatively, please speak to one of our staff in our store.  

  1. Responsibility for Loss or Damage Suffered by You 

13.1. Nothing in these terms and conditions limits our liability which cannot legally be limited, including liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation. 

13.2. Subject to the other provisions of this clause, our liability to you under and in respect of these terms and conditions is limited at the cost of the subscription fees paid by you under these terms and conditions.  

13.3. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued). 

  1. How we may use your Personal Information 

14.1. We are committed to protecting your privacy and maintaining the security of any personal information received from you. Any data you submit to us will be held by us in accordance with our Privacy Policy.

  1. Other Important Terms 

15.1. We reserve the right to update, change, modify or terminate the IronWorks Membership Subscription and these terms and conditions: 

15.1.1. immediately on notice to you if there is a change in applicable law or regulation or there are security reasons which mean that we need to change the subscription and/or these terms and conditions or; 

15.1.2. effective from the beginning of your next monthly renewal if we need to change the IronWorks Membership Subscription and/or these terms and conditions for any other reason.  If you do not agree to any updates, changes or modifications, you have the right to cancel this Contract by following the steps in clause 9.1 above. 

15.2. We reserve the right to refuse to accept a new IronWorks Membership Subscription order or any monthly renewal if we reasonably believe that you are not complying (or have not in the past complied) with these terms and conditions. 

15.3. IronWorks Membership Subscription may not be used in conjunction with any other promotion run by us unless we specify otherwise.  

15.4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

15.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the subscription, we can still require you to make the payment at a later date.  

15.6. We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions, if such delay or failure results from events, circumstances or causes beyond our reasonable control (including, without limitation, the outbreak or any re-occurrence of coronavirus (COVID-19) or similar diseases). In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may: 

15.6.1. suspend your IronWorks Membership Subscription for the period during which your subscription cannot be used (for example, because relevant Participating Shops need to be temporarily closed). During such a suspension period, we will take no further payments from you under these terms and conditions. In this case, the then-current subscription period for your subscription will continue once your subscription can be used again or may be terminated in accordance with clause 16.6.2 below; and 

15.6.2. if the period of delay or non-performance continues for a significant period of time, we may terminate your subscription. If we terminate under this clause; 

15.6.3, we should pay you a pro rata refund of an amount equal to the subscription fee prepaid by you for the period after your subscription has been terminated. 

15.7. These terms and conditions are governed by English law. This means that your IronWorks Membership Subscription and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law, and you agree to the jurisdiction of the Courts of England and Wales in relation to any such dispute or claim. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal in either the Northern Irish or the English courts.

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