Terms & Conditions
The most commonally asked questions, answers are highlighted for ease of use.
1 Terms and Conditions
1.1 Acceptance of Terms and Conditions.
By using this Website and/or purchasing/using the Products and/or Services, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, do not use this Website and do not use and/or purchase the Products and/or Services.
1.2 Changes to Terms and Conditions
We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this Website and your use and/or purchase of the Products and Services will be the version that is current and displayed on this Website as at each date you access this Website or your use and/or purchase of the Products and/or Services (as applicable). Your use of this Website or your use and/or purchase of the Products and/or Services after changes are made means you agree to be bound by such changes.
1.3 Information About Us
The Website is owned and operated by SmarterCard Limited. References to "we", "us" are references to SmarterCard Limited. We are a company registered in England and Wales under company number 3120702 and have our registered office at c/o Whittle & Co, Century House South, North Station Road, Colchester, Essex, CO1 1RE. Our trading address and address for correspondence is: SmarterCard Limited, P.O. Box 784, Ipswich IP1 9GH, United Kingdom (email: email@example.com).
We are VAT registered.
We are a limited company.
References to "you", "your", " member" and/or "subscriber" are references to any guest, user, member or subscriber to this Website and/or the Products and/or Services.
2 Joining Us - Minimum Criteria
2.1 Minimum Criteria
To become a member/subscriber of SmarterCard or use or purchase any of SmarterCard's Products or Services, as a minimum: • you must be at least 18 years of age. Persons under the age of 18 are not permitted to join SmarterCard; • you must live and/or work within the county of your preferred voucher book. • you agree to must provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to must update us via email addressed to firstname.lastname@example.org should at any time your personal details change.
2.2 Updating address details
If you change address, you must update your address details via email addressed to email@example.com to ensure that no voucher books are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any Voucher books posted to the wrong address.
2.3 Refusal of application
We may refuse any application to join become a SmarterCard member or receive any of SmarterCard's Products or Services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
3 Membership of and Subscription to SmarterCard
3.1 Becoming a Member
Provided that you meet the Minimum Criteria (see clause 2 (Joining Us - 2.1 Minimum Criteria) above), you may register as a SmarterCard "Member/Subscriber"). To become a Member you need to go to relevant section of this Website, then complete the enrolment procedure submitting your email address, contact and payment information to SmarterCard.
As a SmarterCard member you will receive access to certain sections, features and functions of the Website, products and vouchers that are not available to non-members. After you have become a Member of SmarterCard, you may also subscribe to use and/or purchase SmarterCard's Products or Services. Please note that there may be additional Terms and Conditions that apply to your use and/or purchase of such SmarterCard Products and Services.
3.3 SmarterCard's Products and Services: SmarterCard's Product and Services include: • membership service, (additional Terms and Conditions for this service are set out in clauses 5, 5.5, 6 and 16) • affiliated featured local businesses, members/subscribers are offered products and/or services at discounted rates these offers are supported by additional terms and conditions shown clearly with any such promotional offer.
3.4 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of SmarterCard's Products and Services. We will notify subscribers by email, at least 30 days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription by notifying us in writing by post see clause 5.5 Cancellation by you and Termination by us.
4 Eligibility for a Free Trial
Free trials are only available to new members/subscribers to the SmarterCard membership. Previous members, subscribers or trialists (of SmarterCard or any other service provided by the SmarterCard group of companies) do not qualify for a free trial. The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted. You must have internet access and valid payment details to redeem a free trial offer. Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the account if you cancel and return all members materials to us 7 working days prior to the end of your free trial.
Your free trial period will commence on the date of registration is completed and the membership account is successfully created.
4.1 Billing Starts unless you Cancel
We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the SmarterCard Membership Service, unless you cancel prior to the end of your free trial. If paying by Direct Debit our payments bureau Eazipay Ltd will post a payment confirmation at least 3 working days prior to your first payment. We will continue to bill you by your chosen payment method for the SmarterCard Membership Service until you complete the cancellation process. For instructions on how to do this, see clause 5.5 Cancellation by you and Termination by us.
As a subscriber to SmarterCard, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of SmarterCard. The subscription charges for the SmarterCard Membership Service will be charged on the first banking day of the following month after your free trial ends and the regular members subscription rate will be collected on the first of each month thereafter until you complete the membership cancellation process, see clause 5.5 Cancellation by you and Termination by us below regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (usually monthly for Direct Debit subscribers and annually for payment card subscribers unless otherwise specified). All fees and charges are non-refundable. If you wish to use a different or change your preferred payment method, or if there is a change in your payment account, you may notify us by calling customer services for free on 08000 758595. We do not provide refunds for cancellations part-way through the billing or minimum membership term as described below. Please note that should your account fall into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be an £8.00 charge for each late payment default and a further £5 handling charge for all such cases and all fees incurred to secured payment. You agree not to hold us responsible for banking charges incurred due to payments on your account.
5.2 Money Back Guarantee
We guarantee that you will be delighted with our service - if you are not entirely satisfied you may choose to cancel your membership/subscription for any reason whatsoever. All new members excluding those benefiting from a free trial are granted by SmarterCard 30 days money back guarantee, free-trialists benefit from this guarantee for the duration of the free trial period subject to Clause 4. Additionally all subscribers whom benefit from automatic renewal are granted the same money back guarantee for a period of 14 days on all new subsequent products and/or services. In accordance with clause 5.5 (Cancellation by you and Termination by us) below. Only one money back guarantee may be redeemed per household and may not be combined with any other.
5.3 Automatic Renewals
To ensure that all subscribers receive the best possible customer service and a continuity of service SmarterCard will post the next available publication to the subscribers current registered address allowing ample time to enable the subscriber to benefit immediately after the subscribers current voucher book expires, all members/subscribers benefitting from this service receive our money back guarantee as described above in clause 5.2 Money Back Guarantee.
5.4 Minimum Membership Term
During free trial periods there is no minimum term and membership may be cancelled at anytime see clause 5.5 (Cancellation by you and Termination by us). Beyond any free trial or money back guaranteed period all subscribers/ members are committed to pay monthly subscription until one month prior to the expiry date printed on the reverse of all vouchers contained within the subscribers preferred publication. That is to say, if your preferred book is Colchester and the voucher expiry date is 1st July you are committed to pay pro rata remaining months of voucher validity until 1st June, However, if your trial or money back guarantee period ends 30th June there is no minimum comment. Minimum membership term varies upon your selected publication and date of joining.
5.5 Cancellation by you and Termination by us
You may decide to cancel your membership/subscription at anytime during your trial. To do so simply return securely all the members materials including any/all SmarterCards and Voucher Books clearly labeled with your details to our correspondence address (see clause 1 Terms and Conditions). Ensure we receive your returns by 25th day prior to your first scheduled direct debit payment to avoid making the first payment. Upon receipt you will be sent confirmation of the cancellation by email. If cancelling your membership/subscription within Money Back Guarantee period (see clause 5.2 Money Back Guarantee above) simply return all members materials in a new and resalable condition within the time periods described to our correspondence address (shown in clause 1 Terms and Conditions). Members/subscribers accept responsibility for safe and secure delivery and postal costs for all goods returned. To avoid potential problems, we advise obtaining a certificate of posting when you return any publication. Refunds where applicable are applied upon safe receipt of the voucher book and membership card. Should you decide to cancel your membership/subscription at any other time for whatever reason call customer services free on 08000 758595, make payment of any remaining months due. See clause 5.4 Minimum Membership Term.
6 Delivery, Returns and Lost Voucher Books
6.1 Delivery to UK addresses only
Voucher books can only be delivered to addresses within the United Kingdom excluding PO Box addresses. Subject to clause 2.1 Minimum Criteria above.
6.2 Delivery of Voucher Books
We currently use Royal Mail Delivery Service, prepaid postage, to deliver voucher books. We guarantee to dispatch your voucher books within a safe timescale to ensure a continuity of service, our guarantee is subject to clause 2.2 Updating Your Address above.
6.3 Alternative Delivery Methods
We reserve the right to use alternative delivery methods without prior notification.
6.4 Lost Voucher books
If in the unlikely circumstances your voucher book has not been delivered you undertake to inform us within 7 days in writing, email or by calling customer services. SmarterCard cannot be held responsible for any voucher book that a member/subscriber may lose or leave behind during a visit to any venue or lost by lending to a friend. Replacement voucher books will incur charge.
7 Accessing the Website
7.1 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
7.2 From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
7.3 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any provision of these Terms and Conditions.
7.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
8 Reliance on Information Posted
Commentary and other information posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.
9 Our Site Changes Regularly
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.
10 Prohibited Use of Website
10.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality linked directly or indirectly with the Website. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.
10.2 You agree not to impersonate any other person while using the Website or any SmarterCard product or service, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose. In order to provide you with an easy-to-use service, SmarterCard will place a 'cookie' (a small text file) on any computer you access the SmarterCard website, this cookie will enable us to recognise you as the account holder and provide you with better service.
11 Material On This Website
11.1 Copyright and Intellectual Property Rights
All materials (including software and content whether downloaded or not) contained on the Website, materials published on it, SmarterCards, Voucher Books are owned or licensed by us (or our affiliates and/or third party licensors (as applicable)), unless indicated otherwise. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website, you shall not acquire any ownership rights in or to such materials.
The materials may not be used except as provided for in these Terms and Conditions and any other relevant terms and conditions provided to you, without our prior written permission. You acknowledge and agree that certain content on the Website, and Voucher Books provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
Subject to the terms of these Terms and Conditions, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
SMARTERCARD, the SMARTERCARD logo and all other SMARTERCARD product or service marks are trade marks of SMARTERCARD Limited. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
12 User Material On This Website
12.1 The Website or other SMARTERCARD Products and Services may let you submit material to us: for example you can recommend Affiliated Venues and review your experiences. In these Terms and Conditions, we use the term "User Material" to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member/Subscriber or when you subsequently change that information.
12.2 This clause 9 (User Material) of these Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not to review or submit User Material on these Terms and Conditions, then you should not do so.
12.3 We do not systematically review User Material submitted by users. We are not responsible for the content of User Material. We do not necessary endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or other users of the Website and we disclaim all liability in connection with User Material to the extent permitted by law.
12.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of SMARTERCARD's Products or Services, particularly where User Material breaches this clause 9 (User Material) of these Terms and Conditions and we may do this with or without giving you any prior notice.
12.5 Any User Material you upload to the Website will be considered non-confidential and non-proprietary. We do not claim ownership rights in User Material. However, by submitting User Material you hereby grant to SMARTERCARD an irrevocable, perpetual, non-exhaustive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, copy, modify, prepare derivative works of, display and perform that User Material in any media and disclose it to third parties for any purpose. The license you grant us will terminate when your User Material is removed from our website.
12.6 We may link User Material or parts or User Material to other material, including material submitted by other users or created by SMARTERCARD and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends, or categories and to use those on the Website or to promote, market or advertise SMARTERCARD.
12.7 Each time you submit User Material to us, you represent and warrant to us as follows • you own your User Material or have the right to submit it, and in submitting it you not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract; • your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would otherwise be considered a criminal offence, give rise to civil liability, violate any law, or otherwise inappropriate; • your User Material does not advertise any product or service or solicit any business; • your User Material does not identify any individual (including by way of name, address, or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; • in submitting your User Material you are not impersonating any other person; • the User Material is not in breach of any laws, regulations, bye-laws or statutes whatsoever. You agree to indemnify us for any breach of this warranty.
12.8 We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with these Terms and Conditions.
13 Links To Other Websites
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of these sites or resources. You acknowledge that any access is at your sole discretion. We do not review or endorse any of those websites or services. We accept no responsibility for: (a) the availability; (b) the privacy practices; (c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of; these websites or services. We accept no responsibility for any damage, loss or offence caused alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
14 Viruses, Hacking and Other Offences
14.1 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
14.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
14.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
15 Termination by us
We reserve the right to terminate, suspend or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and without notice. In this event we would give you seven days to return our members SmarterCard(s) and Voucher Book(s). If we terminate you use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our materials within the 30 day notice period. A membership that is terminated forfeits all benefits of membership and shall not have a claim for a refund for all or in part of the fees. If any fees remain unpaid at the time of termination in accordance with clause 5.4 Minimum Membership Term these fees will in full become payable immediately to the Club. Failure to return requested materials within the timescales will incur additional charge of £20 and a further £8 handling fee for each item.
16 SmarterCards, Voucher Books and Members Materials Remain SmarterCard Property All smartercards, voucher books and all members materials remain our property at all times and must be returned upon request, as described by clause 15 above.
17 General Terms And Conditions
17.2 Promotional Codes
SmarterCard from time to time at its discretion will make available promotional incentives and enticements to join SmarterCard these may include discounts, free trials, third party promotions, charity and good causes fundraising initiatives. This list is representative and non-exhaustive. Any promotional code or offer provided on the Website or via any Device cannot be used in conjunction with any other offer, promotion code, past or present.
17.3 Indemnity by you
You agree to indemnify and hold the SMARTERCARD, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms and Conditions, including clause 12 (User Material) or any violation by you of any applicable laws or the rights of any third party.
17.4 Disclaimer of Warranties and Limitations on Liability
(a) Nothing in this clause 17.4 (Disclaimer of Warranties and Limitations on Liability) or otherwise in these Terms and Conditions shall exclude or in any way limit SMARTERCARD's liability for: • fraudulent misrepresentation; or • death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or • liability to the extent the same may not be excluded or limited as a matter of law.
(b) The Website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the shipment of voucher books. Subject to clause 17.4(a), we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
(c) Subject to clause 17.4(a), to the extent permitted by law, we, other members of our group of companies, our shareholders, directors, officers, employees or other third parties connected to us hereby expressly exclude;
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
• for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable..
(d) Subject to clauses 17.4(a), 17.4 (b) and 17.4(c) our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the Website, or any website content or your use of SMARTERCARD’s Products and Services shall not exceed in aggregate the greater of £1 and/or the total amount paid by you to us in respect of SMARTERCARD's Products and Services in the month preceding any such claim.
17.5 Applicable Law
The website and SMARTERCARD's Products and Services are controlled by SMARTERCARD Limited. Your use and/or purchase of the Website or SMARTERCARD's Products and Services is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from or in connection with your use of the website and/or your use and/or purchase of SMARTERCARD's Product and Services we provide are subject to the exhaustive jurisdiction of the English courts.
17.6 Assignment/Transfer by Us
You agree that we may assign any or all of our rights and/or novate, transfer, sub-contract or delegate any or all of our obligations under these Terms and Conditions to any third party. These Terms and Conditions are personal to you and are agreed to by you for your one benefit and not for the benefit of any third party.
17.7 Assignment/Transfer by You
SMARTERCARD membership, subscriptions and your other rights and/or obligations under these Terms and Conditions are not transferable and therefore cannot be sold or traded. Further, you may not assign, novate, transfer, sub-contract or otherwise dispose of an or all of your rights and/or obligations under these Terms and Conditions.
17.8 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such a delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
17.9 Force Majeure
We will not be liable to you for any lack of service, product, promotion, or the unavailability or failure, of the Website or any of SMARTERCARD's Products or Services, or for any failure or delay by us to comply with these Terms and Conditions, where such a lack, unavailability or failure arises from any cause beyond our reasonable control.
17.10 Third Party Rights
Subject to clauses 11.1, 17.3 and 17.4, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. In accordance with clause 1.2, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without your consent or the consent of any third party.
18 Entire Agreement
19 SMARTERCARD'S Contact Details
All correspondence to SMARTERCARD, including any queries you may have regarding your use of the Website, your use and/or purchase of SMARTERCARD's product and services or these Terms and Conditions, should be sent to the address set out in in clause 1. SMARTERCARD's registered office is located at Century House, North Station Road, Colchester CO1 1RE, United Kingdom and its VAT number is 720 2695 53
Last updated 16th June 2013