1. Scheme title: My Bay (the “Scheme”).
2. Scheme brand: The Scheme brand for all public communication is [My Bay, My Bay scheme or My Bay resident card]
Description: Torbay Council (‘the Council’) manages and administers the Scheme. The Council is not responsible for the business offers provided by third parties to the Card Holder.
3. Eligibility:
- Residents within Torbay who are aged 16 years old and over may apply to join the Scheme and businesses may participate in the Scheme by making offers on their goods and services to participants of the Scheme (the “Card Holder”).
- Eligible residents will be issued with a Scheme card (the “Card”) and a parking permit.
4. Scheme duration: Until 31 March 2026. The Council reserves the right to extend the Scheme beyond 31 March 2026 or withdraw the Scheme before 31 March 2026.
5. Application:
- By applying for membership to the Scheme, you are agreeing to having an online case record of the application.
- A Card and a parking permit, where applicable, will be sent to you within 45 days following the application closing date.
6. Card issue:
- Card Holders must have their principal residence within Torbay and must reside in the principal residence.
- One Card and one parking permit, where applicable, will be issued per applicant.
- Each Card will be given a unique reference number. This number will be used, where appropriate, by participating venues and businesses to monitor the uptake and use of the Scheme. No identifiable personal data will be used or shared as part of the monitoring of the Scheme.
- The Council reserves the right to decline to issue a Card and parking permit or to withdraw a Card and parking permit where, for example, proof of age or residency within Torbay has been requested and cannot be provided or where the council has reasonable cause to believe that the Card or parking permit will not be utilised properly and in accordance with the Scheme.
- The Card and parking permit is the responsibility of the Card Holder. Lost, stolen or damaged Cards and parking permits can be replaced for a non-refundable payment of £5 for the administration costs. Lost or stolen Cards or permits should be reported immediately to the Council on the customer service phone 01803 207900 (Monday to Friday, 9am to 5pm) or by emailing: mybay@torbay.gov.uk. The Card and parking permit is not valid if altered, damaged, or defaced in any way.
7. Change of address or personal details:
- The Card and parking permit will become immediately invalid if the Card Holder ceases to reside within Torbay. If a Card Holder moves out of Torbay, they must notify the Council immediately and return the Card and parking permit.
- Card Holders must notify the Council immediately of any changes to their personal details by contacting the Council on the customer service phone 01803 207900 (Monday to Friday, 9am to 5pm) or by emailing: mybay@torbay.gov.uk Proof of new details maybe required by the Council.
8. Scheme benefits:
- The Card entitles the Card Holder to offers listed online. These offers are subject to availability and may be altered or withdrawn without notice. Offers may not apply where some other offer, concession or discount is already in operation and may only apply when using certain methods of payment.
- The Card can only be used in accordance with the specific offer terms made by the participating businesses and must be presented before a purchase is made. If the Card is not presented before a purchase is made the participating business may refuse to honour the offer.
- The Council shall have no liability if the Card is not honoured by a participating business or where an offer listed is altered or unavailable.
- The Council does not endorse any products or services provided by the participating businesses.
- The parking permit entitles the Card Holder to an extra hour of free parking on a paid ticket in all Council owned off-street pay and display car parks in Torbay. The parking offer is not available for 30 minutes or 24-hour tickets, on-street parking, pay-on-exit car parks, using the Ringo app, or in conjunction with any other offers or permits. The parking permit must be displayed on your dashboard alongside a valid parking ticket. The following parking terms and conditions apply to all permits provided as part of the Scheme - https://www.torbay.gov.uk/my-bay/parking-terms-and-conditions/
- The Card entitles the Car Holder up to 33 free toilet entries worth £10 per year at Council owned public toilets in Torbay. No in-year top-ups are available for the credit on the cards, and any unused credit will not be rolled over to the following year.
9. Transferability:
- The Card and parking permit remains the property of the Council and is not transferable.
10. Exclusions:
- The Card may not be used as an identity or proof of age card.
- The Council merely manages and administers the Scheme. By doing so it does not endorse or accept any liability for any goods or services offered by businesses participating in the Scheme, or for the cancellation of offers or events or for any other circumstances in which the Card Holder and/or any other person accompanying them is unable to take advantage of any offer listed as part of the Scheme or for any omissions or inaccuracies in published information or for the acts or omissions of any participating business or for improper or illegal use of the card or any attempt to use the Card as evidence of age or identity and the Council will not be liable for any loss, damage, expense, injury or death sustained by any person, howsoever caused, except insofar as the law prevents the exclusion of such liability.
11. Opt-out and termination:
- Card Holders may opt out of the service at any time by contacting customer service on 01803 207900 (Monday to Friday, 9am to 5pm) or by emailing: mybay@torbay.gov.uk. As part of the opt-out process the Card Holder should return the Card and parking permit within working 10 days.
- The Card and parking permit remains the property of Torbay Council. The Council may withdraw or amend the Scheme generally and/or withdraw the Cards and parking permits, without notice and shall bear no liability to the Card Holder in doing so.
- Any breach of these conditions may result in the withdrawal of the Scheme card and parking permit.
12. Data protection:
- We will use the data you provide to deliver the My Bay scheme. Your data will be held in our customer database and therefore may be used should you contact us in relation to any other service you need to access or if you provide feedback about our services.
- The information you provide will be kept secure and only shared with third parties contracted with the Council or working in partnership with us to deliver the Scheme. Your personal details will not be sold or shared with third parties unconnected to the Scheme.
13. Acceptance of terms and conditions:
- This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
- The Card Holder accepts that the terms and conditions set out herein constitute the whole agreement between the Card Holder and the Council and supersede all previous agreements between the Card Holder and the Council or the Card Holder and any third party relating to its subject matter.
- The Card Holder acknowledges that, in accepting these terms and conditions, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out herein.