thesmartclub Terms and Conditions

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.
 
About Us
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.
  • thesmartclub is a brand of thesmartclub Ltd. Registered in Scotland. 
  • Our Registered Company address is 1 Corbiehill Park, Edinburgh, EH45EQ, UK
  • Our Company Number is SC259434.
  • thesmartclub 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 admin@thesmartclub.com
  • Our main homepage is located at www.thesmartclub.com

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 terms at
http://www.worldpay.com/guarantee/shopper_terms.shtml
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 statutory rights.

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.

Privacy Policy
3.0
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 from the other features that use cookies.Data collected by this site 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 purposes

3.2 You can view a full copy of thesmartclub's Privacy Statement at http://www.thesmartclub.co.uk/content/privacy.html

Returns Policy
4.0 Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm

 

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.

Disclaimer
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.

No warranties
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.

User's Privacy Policy
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 policy.

Links
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.

Membership APPLICATIONS
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 site. 

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.

Scenarios
at time of Application or Renewal
Applicant/Member Credit/Debit Card Holder
    Name and address match Applicant receives all documentation, Membership Card and '4site' Magazine
    Names differ, postal addresses match Receives '4site' Magazine only Receives Payment and Renewal Correspondence
and Membership Card in name of Applicant
    Names differ, postal addresses differ Not authorised and Membership not permitted
If process completed, a refund less the 2.00 GBP administration fee would be made to Credit/Debit Card Holder

Membership RENEWALS
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 above). 

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.

Membership CANCELLATIONS
12.0
Should 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 date. 

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 made.   

Miscellaneous
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, such courts.
 

All content 2000-2016 thesmartclub limited. Your use of this site and our services are subject to you agreeing to our Terms & Conditions and Privacy statement  In addition, your use of our MessageBoard services are subject to the additional relevant regulations detailed in this site.  The smart logo 2016 DaimlerUK Ltd.  thesmartclub is a brand of thesmartclub ltd. Company Number SC259434, Registered in Scotland, UK - see 'Contact Us' for full details. thesmartclub logo and  "the place for all things smart" are trademarks of thesmartclub ltd. The 4site logo is a trademark of thesmartclub Magazine.