|Access to and use
of this site ("site") is provided by thesmartclub ltd (together "we",
"us", "our") subject to the following Terms and Conditions.
By using this site you agree to comply with and be bound by these Terms
and Conditions. If you do not agree with all of these terms and
Conditions, you must exit this site now. We reserve the right to
change these Terms and Conditions at any time by posting changes online.
You are responsible for reviewing regularly information posted online to
obtain timely notice of such changes. By using this site after any
such changes you agree to comply with, and be bound by, the Terms and
Conditions as changed.
1.0 You can
find a full set of Contact details using the Menu options at the top
of this screen and selecting the 'Contact Us / About' option.
is a brand of thesmartclub Ltd. Registered in Scotland.
Registered Company address is 1 Corbiehill Park, Edinburgh, EH45EQ,
- Our Company
Number is SC259434.
Ltd is a Member of the Edinburgh Chamber of Commerce.
- Our main
office contact phone number is +44(0) 845-299-0332
- You can email
us directly for all general topics to
- Our main
homepage is located at
Credit Card Security & WorldPay
2.0 When the order is placed at our website,
credit card numbers are encrypted using 128 bit encryption. They are
only decrypted after they reach our computer. They are not held in
clear text on any web site.
2.1 All our credit and debit card transactions are secured via WorldPay
and we are approved WorldPay site.
2.2 WorldPay want you to shop with confidence at all approved web sites
powered by WorldPay worldwide. If WorldPay are a satisfied that we
have failed to meet the contractual obligations to deliver the goods
or services you ordered (or they are defective) WorldPay will
guarantee a refund of up to the full amount of the card payment made
by you. If you wish to request a refund under this guarantee then
contact you can contact WorldPay at http://www.worldpay.com/guarantee/shopperclaim.html.
2.3 All transactions are subject to WorldPay's payment processing terms of
use and to the above terms and conditions. You can view WorldPay's
If for any reason the product(s) you receive are faulty or unsuitable,
thesmartclub will, of course, consider refunding your purchase in
full. We continue to endeavour that we provide you with the best
service and products we can offer. These conditions do not affect your
2,4 thesmartclub is not responsible for any claims made regarding quality
of products and is not responsible for any associated claims made by
the companies regarding the products or services offered listed in
this or any of the following pages.
thesmartclub ltd do not disclose buyers'
information to third parties other than when order details are
processed as part of the order fulfilment. In this case, the third
party will not disclose any of the details to any other third party.
3.1 Cookies are used on this shopping site to keep track of the contents
of your shopping cart, to store delivery addresses if the address book
is used and to store your details if you select the 'Remember Me'
Option. They are also used after you have logged on as part of that
process. You can turn off cookies within your browser by going to
'Tools | Internet Options | Privacy' and selecting to block cookies.
If you turn off cookies, you will be unable to place orders or benefit
is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service
c. Only disclose information to third-parties for goods delivery
3.2 You can view a full copy of thesmartclub's Privacy Statement at
4.0 Your rights to return goods are protected under the EU Distance
Selling Directive which can be found at
thesmartclub online services
Copyright, Database Right Trademarks and
other Intellectual Property Protection
5.0 The material and content provided on the Site is for your personal,
non-commercial use only, save where expressly provided, and you agree not
for yourself or through or by way of assistance from any third party to
distribute copy extract or commercially exploit such material or content.
Except as otherwise indicated, all materials on this Site, including, but
not limited to photographs, other images, illustrations, text, video clips
and written and other materials contained in this Site are protected by
copyrights, database rights trademarks and/or other intellectual property
rights owned, or used with permission of their owners by us or our
affiliates, or associates. This Site as a whole is protected by copyright
and other intellectual property rights. All rights are reserved.
5.1 You may make a copy
of this content for your personal non-commercial use only provided that
you keep all copyright and other proprietary notices intact, and you agree
not to modify, copy, reproduce, republish, upload, post, transmit or
distribute by any means or in any manner, any material or information on
or downloaded from the Site including but not limited to text, graphics,
video, messages, code and/or software without our prior written consent.
No right, title or interest in any material or software is transferred to
you as a result of any such downloading or copying.
5.2 You agree to use this Site only for lawful purposes, and in a manner which
does not infringe the rights of, or restrict or inhibit the use and
enjoyment of this Site by any third party. Such restriction or inhibition
includes, without limitation, conduct which is unlawful, or which may
harass or cause distress or inconvenience to any person and the
transmission of obscene or offensive content or disruption of normal flow
of dialogue within this Site.
6.0 Material in this Site may contain inaccuracies or typographical errors. we
shall not be liable or responsible for any loss or damages (whether direct
or indirect, including loss of profits or any consequential loss)
resulting from or in any way connected with your use of this Site or any
user's reliance on information obtained from or through this Site. It is
your responsibility to evaluate the information and other content
available through this Site. This Site and the information and materials
contained in this Site are subject to change at any time, and from time to
time, without prior or subsequent notice. We do not limit or exclude our
liability for death or personal injury resulting from our negligence.
7.0 This site and the information, names, images, pictures, logos and icons
regarding or relating to us and our products and services (or to third
party products and services), is provided on an "as is" and "is available"
basis without any representation or endorsement made and without warranty
of any kind whether express or implied, including but not limited to the
implied warranties of satisfactory quality, fitness for a particular
purpose, non-infringement, compatibility, security and accuracy.
7.1 To the fullest extent permitted by law, we accept no liability to you or
any third party for any damages, including, without limitation, indirect
or consequential damages, or any damages whatsoever arising from use or
loss of use, data, or profits, whether in action of contract, negligence
or other tortious action, arising out of or in connection with the
viewing, use or performance of the site or its content, whether due to
inaccuracy, error, omission or any other cause and whether on the part of
us, our servants, agents or any other person.
7.2 Neither we nor any third parties warrant that the functions of or the
material contained in this site will be uninterrupted or error free, that
defects will be corrected, or that this site or the server that makes it
available are free of malicious programs (such as viruses, worms or trojan
horses) or bugs or represents the full functionality, accuracy,
reliability of the materials.
7.3 We reserve the
absolute right to alter, suspend or discontinue any aspect of the Site or
the services provided through it, including your access to it. You must
not attempt to interfere with the proper working of the Site and, in
particular, you must not attempt to tamper with, hack into or otherwise
disrupt any computer system, server, router or any other internet
connected device associated with the Site.
8.0 We will only use any personal data collected during your use of this Site
in accordance with current UK data protection legislation and our privacy
9.0 We make no representations whatsoever about any other sites that you may
access through the Site or that may link to the Site. When you access any
other website you understand that it is independent from the Site and that
we have no control over the content or availability of that website. In
particular, you agree that any dealings you have with such third party
site operators (including payment for and delivery of products or services
and any other terms, conditions, warranties or representations, acts or
omissions associated with such dealings) shall be on the terms and
conditions (if any) of the third party operator and a matter solely
between such third party operator and yourself.
9.1 In addition, a link to any other website does not mean that we endorse or
accepts any responsibility whatsoever for the content contained on such
website or the use by you of it. We shall not be liable for any loss or
damage caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available through any such
site or resource.
10.0 Your annual Membership fee in respect of thesmartclub brings you a range
of benefits that are constantly updated via the benefits page on our web
10.1 The person with whom we will
correspond depends on the details used at the time of Application and
Payment. These are laid out in the table below.
at time of Application or Renewal
Name and address match
receives all documentation, Membership Card and '4site' Magazine
Names differ, postal addresses match
'4site' Magazine only
Payment and Renewal Correspondence
and Membership Card in name of Applicant
Names differ, postal addresses differ
authorised and Membership not permitted.
If process completed, a refund less the
2.00 GBP administration fee would be made to Credit/Debit Card
11.0 When applying online,
your Annual Membership Fee is scheduled to automatically renew via the
WorldPay FuturePay Service.
11.1 You can cancel this WorldPay
Agreement at any time. (See Credit Card Security & WorldPay
11.2 Compliant with our
contractual obligations under such regular FuturePay payments, we will
write to the Credit/Debit Card Holder (via conventional postal service)
prior to renewal being due. This gives the Card Holder the opportunity
to cancel the planned automatic Membership renewal. Note that the
letter is addressed to the postal address of Credit/Debit cardholder
submitted at time of application.
you decide to cancel your Membership at any point during the 12 month
period (outside of your statutory rights) no
proportionate refund of your annual fee will be made available, although
you will be entitled to receive all remaining copies of 4site Magazine (where
your Membership Benefits entitle you to that under the Membership Scheme
you have selected) until the original expiry date and your Membership
Card will remain valid until its original expiry date.
12.1 Your Membership details
will also be deleted from our database on the original Membership expiry
12.2 Upon receiving any notice of Membership cancellation, thesmartclub
will always ask whether such benefits should be continued until the
original expiry date or whether you wish your Membership ceased
immediately. Should you wish thesmartclub to immediately cease all
Membership Benefits and immediately cancel your Membership, we will
cease all future mailings and delete your Membership details from our
database within 7 days of receiving such cancellation instructions.
12.3 Where we have written to the last known address of the
Credit/Debit Card holder prior to automatic renewal and we receive no
response, we will assume that the Membership is to continue and the
FuturePay payment will be collected.
12.4 Where we have written to you
(as per 11.2 above) advising of pending Membership expiry, we should
receive any cancellation instruction from you prior to your actual
renewal date shown in our letter. In the event that you notify us
of cancellation after this renewal date and before you receive your new
Membership card, we will issue a refund of your Membership fee less a
2.00 GBP charge to cover our Bank and Administration charges. If we
receive your cancellation after your Membership card has been issued, no
proportionate refund of your Membership Fee will be
13.0 If any of these Terms and Conditions should be determined to be illegal,
invalid or otherwise unenforceable by reason of the laws of any state or
country in which these Terms and Conditions are intended to be effective,
then to the extent and within the jurisdiction in which that Term and
Condition is illegal, invalid or enforceable, it shall be severed and
deleted from these Terms and Conditions and the remaining Terms and
Conditions shall survive, remain in full force and effect and continue to
be binding and enforceable.
13.1 These Terms and Conditions shall be governed by and construed in
accordance with the laws of Scotland. Disputes arising here from shall be
exclusively subject to the jurisdiction of the courts of Scotland. By
using this Site you agree to the personal jurisdiction of, and venue in,