Effective Date: 20 December 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND BEFORE YOU SIGN UP FOR MEMBERSHIP SERVICES AVAILABLE TO YOU ON THE SITE. THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE SITE AND ALL SERVICES OFFERED THROUGH THE SITE. THEY TELL YOU WHO WE ARE, HOW WE WILL PROVIDE SERVICES TO YOU, HOW YOU AND WE MAY CHANGE OR END YOUR MEMBERSHIP, WHAT TO DO IF THERE IS A PROBLEM, AND OTHER IMPORTANT INFORMATION.
Acceptance of Terms. This Agreement is an electronic contract that sets out the legally binding terms ('Terms') of your use of the Site and the services available to you on the Site and to Members ('Services'). This Agreement includes ShoppingSmarter.co.uk's membership policies and notices about use of its Site, including the conditions for use of the Services and our Privacy and Cookies Policy (available at http://www.ShoppingSmarter.co.uk/About/Privacy), which policies are incorporated into these Terms by reference. If you do not agree to these Terms, you must discontinue using the Site and terminate your membership in ShoppingSmarter.co.uk or your use of the Site and/or Services.
Updates to Terms. ShoppingSmarter.co.uk reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. ShoppingSmarter.co.uk will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. Any such changes in the Terms shall be deemed to go into effect on that new Effective Date. In the event of any material changes (such as a change to your Membership Fee), ShoppingSmarter.co.uk will notify Members in advance; if you are not happy with those changes, you may cancel your Membership.
Who We Are. This site is owned by Clarus Direct, LLC, a Delaware limited liability company, with registered offices at 338 Pier Avenue, Hermosa Beach, CA 90254, United States of America. All references to ShoppingSmarter.co.uk, 'us', 'our', or 'we' will be deemed to refer to Clarus Direct, LLC.
How to Contact Us. You can contact us by using the 'Contact Us' link on the Site or by calling the Customer Service department at 0800 049 5366 (free from UK mobile phones and landlines).
How We May Contact You. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us on registration.
Registering as a Member. Only Members can benefit from the Membership Services that ShoppingSmarter.co.uk currently offers. Our acceptance of your order for Membership Services will take place when we email you to accept it, at which point a contract will come into existence between you and us. By registering and becoming a Member, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, (ii) maintain and properly update your account information to keep it true, accurate, current, and complete and (iii) you agree not to register multiple times for a free period of access or for the same type of promotional offer; promotional offers such as cashback on purchases made when not a Member are for first time Members only and you must not attempt to claim any such promotional offers more than once.
If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or if you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Membership forthwith and refuse any and all current or future use of the Site and the Services (or any portion thereof). Registration and the Membership Services are currently available only to legal residents of the United Kingdom. There is a limit of one Membership per household. We will supply the Membership Services to you until you end the contract or we end the contract by written notice to you.
Satisfaction Guarantee. If you are ever dissatisfied during your trial period or thereafter, simply log in to cancel your benefits, no questions asked. Your Membership will then expire at the end of your current Membership Period, and there will be no future charges to your account. Please see the 'Cancellation' section below for further information.
Price and Payment. We will charge you for the Service using the billing information you provide upon registration (your 'Billing Account'). The payment of the Membership Fee as indicated in the acknowledgment email will be recurring until cancellation, and by registering as a Member, you authorise us to charge your Billing Account in this way. We reserve the right to correct any errors or mistakes that we make, even if we have already requested or received payment, and to update your information from available third-party sources. If you think an invoice is wrong, please contact us promptly to let us know. We will be listed on your statements as payment recipient in respect of the Membership Fee and all other charges as follows: IC* ShoppingSmarter.co.uk.
Recurring Billing and Trial Periods. Access to the Membership Service requires a subscription for Membership and often consists of an initial free or introductory trial offer or promotion, followed by a recurring Membership Period for the full Membership Fee you agreed to at the time of your subscription. You must cancel your Membership before the end of the stated trial period to avoid your Membership being automatically extended for successive renewal periods of the same duration as the Membership Period originally selected. Your trial period begins on the day that you accept the trial offer; for example, if you accept a 10-day trial offer, your recurring Membership Period will begin 10 days from the date that you accept the offer, unless you cancel.
Cancellation. To change or cancel your Membership at any time, go to the 'Account' link, or send your request to us using the 'Contact Us' link or by calling the Customer Service Department at 0800 049 5366 (free from UK mobile phones and landlines). If you choose to cancel your membership within your trial period, your access to the site will be disabled, effective immediately, regardless of how many days are left in your trial. If you cancel a recurring Membership, you may use your Membership until the end of your then-current Membership Period; your Membership will not be renewed after your then-current Membership Period expires. However, you won't be eligible for a prorated refund of any portion of the recurring Membership Fee paid for the then-current Membership Period unless you have an annual Membership. If you cancel an annual Membership, you are eligible for a prorated refund of any portion of the Membership Fee paid for the then-current Membership Period, unless you have simply requested that your Membership not be renewed, in which case you may continue to access your Membership benefits until the end of your current Membership Period. If you cancel your membership but want to become a member again, please contact [email protected] for assistance. ShoppingSmarter.co.uk MAY CHARGE PERIODIC MEMBERSHIP FEE CHARGES TO YOUR BILLING ACCOUNT WITHOUT FURTHER AUTHORISATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR MEMBERSHIP OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT MEMBERSHIP FEES CHARGED TO YOUR BILLING ACCOUNT BEFORE ShoppingSmarter.co.uk REASONABLY COULD ACT. TO CHANGE YOUR PAYMENT METHOD, GO TO THE 'UPDATE PROFILE' SECTION OF THE SITE.
You will not receive any outstanding or accrued savings or cashback if, at our sole determination, we consider your breach of these Terms to be fraudulent or material (e.g., if you are a business but have obtained Membership by claiming that you are a consumer). However, we will pay you your outstanding and accrued savings and cashback if, at our sole determination, we consider your breach of these Terms to be minor (e.g., late payment on one occasion).
Current Information Required. YOU MUST PROMPTLY NOTIFY ShoppingSmarter.co.uk IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORISED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE 'ACCOUNT' SECTION OF THE SITE. IF YOU FAIL TO PROVIDE ShoppingSmarter.co.uk ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT ShoppingSmarter.co.uk MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR MEMBERSHIP FOR THE SERVICE.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method (the 'Payment Method Provider') in addition to these Terms. If ShoppingSmarter.co.uk does not receive payment from your Payment Method Provider when due, you agree to pay all amounts due on your Billing Account upon demand.
Membership Services. With your membership, you receive a number of benefits, subject to the terms and conditions below:
Members can get savings on their delivery costs by taking advantage of our delivery savings benefit. Members can shop at hundreds of websites through ShoppingSmarter and then claim savings for the delivery costs incurred on their purchases. Savings claims are subject to the following terms and procedures:
Savings offers: All savings offers are only good on purchases made at UK-based websites and delivered to a physical, residential address in the UK. This offer is void where prohibited, taxed, or restricted by law. ShoppingSmarter.co.uk is not responsible for lost, postage-due, stolen, illegible, garbled, or misdirected mail. Keep copies of all materials submitted; materials received become the property of ShoppingSmarter.co.uk and will not be returned. Only one introductory offer can be claimed per household.
WARNING: Fraudulent submission of savings claims could result in prosecution under UK Fraud Statutes. It is your responsibility to immediately notify ShoppingSmarter.co.uk of any changes, errors, or cancelled orders once a savings claim has been submitted. Failure to do so may result in the termination of your Membership.
Members can enjoy 10% cashback on purchases made at over 400 websites through the ShoppingSmarter network, subject to the following terms and conditions:
If for any reason you need to return an item from any online purchase you make while a Member of ShoppingSmarter.co.uk, you're eligible for a savings on the delivery charges to return the item. You may make a claim subject to the following terms and procedures:
Qualifying Purchases. You may purchase the item from any retailer website. We will only provide return delivery savings where such reimbursement is not covered by the retailer's website (e.g., if a specific retailer's policy for returns allows for delivery charges to be paid by the retailer, return delivery will not be covered). Insurance coverage for return delivery of the item is not covered.
ShoppingSmarter.co.uk aggregates voucher offers from a wide range of online retailers for the exclusive use of Members. Members have unlimited access to available voucher deals throughout the course of their Membership. Voucher deals are subject to change at any time without notice. ShoppingSmarter.co.uk does not guarantee and is not responsible or liable for the savings offer nor for the quality, viability, purpose, suitability of use, or efficacy of the item or service being offered through vouchers, nor will ShoppingSmarter.co.uk be responsible or liable for any harm, damages, or other remuneration for any voucher promoted through or by third-party firms.
How You Can Use the Site and Services. This Site and the Services offered are intended for your personal, non-commercial use in accordance with these Terms. You will not (i) copy, display, or distribute any part of the Site, in any medium, without ShoppingSmarter.co.uk's prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. You will not use any automated devices, such as spiders, robots, or data-mining techniques, to catalogue, download, store, or otherwise reproduce, store, or distribute content available on the Site, manipulate the Site or the Services, or otherwise exceed the limited access granted to you by ShoppingSmarter.co.uk. You will take no action to interfere with, interrupt, destroy, or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component. At this time, the Services are only available to residents of the United Kingdom.
User Submissions. By submitting content to the Site, for instance, in the form of a testimonial ('User Content'), you grant to ShoppingSmarter.co.uk and its licensees and successors in business a perpetual, worldwide, royalty-free, and non-exclusive licence to reproduce, distribute, modify, edit, display, adapt, create derivative works from, market, and promote the User Content for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness, and any personal information you submit with the User Content without your prior approval or the payment of any compensation.
Proprietary Rights. The Site and all material published on the Site, including but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials, is owned by ShoppingSmarter.co.uk or its licensors and is protected by copyright, patents, trademarks, trade secrets, and/or other proprietary rights, including under the copyright laws of the United Kingdom. ShoppingSmarter.co.uk owns a copyright in the selection, coordination, arrangement, and enhancement of such content and a copyright in the Site. ShoppingSmarter.co.uk and its logos are trademarks of Clarus Direct, LLC, and are protected by state and federal international laws. All other trademarks appearing on this Site ('Marks') are trademarks of their respective owners, including ShoppingSmarter.co.uk and its marketing partners. Users are prohibited from using any Marks without the written permission of ShoppingSmarter.co.uk or such third party that may own the Marks. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit any of the content, in whole or in part, without ShoppingSmarter.co.uk's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No Licence Granted. Except for allowing you to use the Site and Services for your personal use as set forth in the paragraph above, when you use the Site or Services, you are not receiving a licence or any other rights from us, including intellectual property or other proprietary rights of ShoppingSmarter.co.uk. You understand that you have no rights to the Services or any other ShoppingSmarter.co.uk property except as we indicate in these Terms.
Age Requirements. You must be at least 18 years old to join ShoppingSmarter.co.uk and to use the Membership Services.
Communications from ShoppingSmarter.co.uk. By providing your email address or registering for ShoppingSmarter.co.uk, you will receive online communications from ShoppingSmarter.co.uk. To unsubscribe from any ShoppingSmarter.co.uk email list, simply click on the 'Unsubscribe' link at the bottom of the email, and your name will be removed from that mailing list. (You may also indicate your privacy preferences by going to 'Update Profile'.) To see how we use your personal information, please refer to our Privacy and Cookies Policy.
Links and Affiliate Retailer Sites. You may be able to access other websites or resources through links on the Site. ShoppingSmarter.co.uk is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. ShoppingSmarter.co.uk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource. The links provided by us on the Site are in no way a recommendation to buy any products or services featured on those linked sites, and you should seek appropriate independent advice. Any products or services you purchase through an Affiliate Retailer Site are subject to the terms of that Affiliate Retailer Site; we have no responsibility in relation to the fulfillment of such orders.
Your Use of the Site. You understand that you are personally responsible for your behavior while on the Site. We assume no responsibility for the content of the websites linked on our site or any Affiliate Retailer Sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Disclaimer of Warranties. Your use of the Site and Services (including any downloads or any loss of data or other damage to your computer system you experience from using the Site and Services) is at your sole risk. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any content on it or on any website linked to it. The Site and Services and all information, products, and other content (including third-party information, products, and content) included in or accessible from the Site or Services are provided on an 'as is', 'where is', and 'where available' basis, and are subject to change at any time without notice to you. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our site or any content on it, whether express or implied. Your use and browsing of the Site is at your own risk.
Liability Limitation. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We are not liable for business losses. We only supply the Membership Services for domestic and private use. If you use the Membership Services for any commercial, business, or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms shall limit ShoppingSmarter.co.uk's liability for: (i) death or personal injury caused by its negligence; (ii) its fraud or willful default; and (iii) anything else which cannot by law be limited or excluded from liability.
Termination. We can suspend or terminate your Membership in ShoppingSmarter.co.uk and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at ShoppingSmarter.co.uk's sole discretion, you fail to comply with any of the Terms. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorised to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive. You will not receive any outstanding or accrued savings or cashback if, at our sole determination, we consider your breach of these Terms to be fraudulent or material (e.g., if you are a business but have obtained Membership by claiming that you are a consumer). However, we will pay you your outstanding and accrued savings and cashback if, at our sole determination, we consider your breach of these Terms to be minor (e.g., late payment on one occasion).
Access to Services. Your Membership in ShoppingSmarter.co.uk is subject to and conditioned upon the following: Your continued adherence to these Terms and any future modifications thereto. Your violation of these Terms or any other agreement between you and ShoppingSmarter.co.uk constitutes grounds for immediate termination of your Membership without further notice, at our sole discretion. We may also terminate your Membership at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the ShoppingSmarter.co.uk community. Termination of your Membership will result in cancellation of all rights of access and use of Membership Services granted to Members, and cancelled Members may be denied access to Membership Services or re-enrollment as Members. ShoppingSmarter.co.uk reserves the right to change, discontinue, or suspend ShoppingSmarter.co.uk or any of the Services at any time for any reason. ShoppingSmarter.co.uk shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision ShoppingSmarter.co.uk makes relating to termination or suspension of any Member's account shall be final and binding. We may terminate, modify, discontinue, or abandon the Site or Services with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance, or abandonment. If this agreement is terminated for any reason, the provisions titled Proprietary Rights, No Licence Granted, Your Use of the Site, Disclaimer of Warranties, Liability Limitation, Access To Services, Termination, Privacy, Governing Law and Jurisdiction, and Miscellaneous shall survive any such termination. At this time, the Services are only available to residents of the United Kingdom.
No Third-Party Beneficiaries. This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
Governing Law and Jurisdiction. These Terms and all disputes arising under them shall be governed in all respects by the laws of England, and you can bring legal proceedings in respect of the products in the English court.
Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, disputes may be submitted for onlline resolution to the European Commission Online Dispute Resolution platform at the follow address: http://ec.europa.eu/consumers/odr
Miscellaneous. If any part of these Terms is determined to be invalid or unenforceable, the rest will continue in full force. The failure of ShoppingSmarter.co.uk to partially or fully exercise any rights, or the waiver of ShoppingSmarter.co.uk of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by ShoppingSmarter.co.uk or be deemed a waiver by ShoppingSmarter.co.uk of any subsequent breach by you of the same or any other term of these Terms. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date. The rights and remedies of ShoppingSmarter.co.uk under these Terms and any other applicable agreement between you and ShoppingSmarter.co.uk shall be cumulative, and the exercise of any such right or remedy shall not limit ShoppingSmarter.co.uk's right to exercise any other right or remedy.
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