PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH THESMARTPUNTER OFFERS YOU USE OF ITS INTERACTIVE SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT AND ITS WEB SITE LOCATED AT WWW.THESMARTPUNTER.COM ("THE SITE"). BY USING ANY OF THE INTERACTIVE SERVICES AND/OR THE SITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE LEAVE THIS WEB SITE. 

1. Interactive Services

1.1 We may make available to you on or via the Site and/or other means by which communications may be made available and/or disseminated publicly; shopping and other commercial and/or transactional services including, without limitation, the supply of goods and/or services; advisory services; and/or competitions and/or prize draws (all together the "Interactive Services").

1.2 The Interactive Services may be operated by third parties and where they are this will be made clear to you. Where such Interactive Services are operated by a third party you may be asked to supply information and/or data (including, without limitation, financial, credit card and/or bank data), where that third party may have specific additional terms and conditions which apply. Further, when using such Interactive Services operated by such third parties, you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without us as a party and we cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).

2. Use of the Site and the Interactive Services

2.1 The Site and the Interactive Services are for personal and non-commercial use only. You may copy electronically and print portions of the Site and/or the Interactive Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by the Site and/or the Interactive Services, in connection with any business or commercial undertaking (whether or not for profit). You must not display the Site or the Interactive Services or any part thereof in public. Any other use of materials on the Site and/or the Interactive Services, including User Generated Content (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without our prior written permission is strictly prohibited. You also agree not to deep-link and/or frame to any of the Site for any purpose, unless specifically authorized by us to do so.

You agree that:

(a) You shall not use the Site or the Interactive Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm our computer systems or any third party computer system; and

(b) You shall keep your password(s) if any relevant to the Site and/or the Interactive Services secure and not let them become public knowledge or used by any third party.

2.2 You agree that you shall not submit any material to us ("User Generated Content") :

(a) that is in any way, threatening, abusive, offensive, defamatory, invasive of another ‘s privacy, in breach of confidence or privacy, embarrassing to any person, hateful, blasphemous, pornographic, or racially, ethnically or otherwise objectionable;

(b) in respect of which you do not have the necessary licenses or approvals;

(c) that constitutes or encourages conduct that would be considered a criminal offence or otherwise contrary to any law,  regulation or code of practice, give rise to civil liability  or infringe the rights of any third party;

(d) that is technically harmful;

(e) that is or may be deemed to be advertising or promotional materials;

(f) collect or store other users' personal data.

You will not impersonate any person or entity when submitting User Generated Content or misrepresent any affiliation with any person or entity.

We reserve the right to require you to change your user name for any reason.

You acknowledge that we have no obligation to monitor any User Generated Content but we have the sole discretion to display, modify, distribute or delete any such User Generated Content in our sole discretion and may remove any such material at any time. Notwithstanding this, you are solely responsible for and bear the risk associated with such User Generated Content, including any reliance on the accuracy, completeness or usefulness of the same.

In the event that you are in breach of these Terms and Conditions and/or our Standards for User Generated Content at any time, we may suspend or terminate any account that you have with us. You may not open another account with us and if you do, we reserve the right to terminate any such account. In the event that we terminate any account you have with us, we will refund monies in your syndicate fund in accordance with paragraph 7.1 below.  In the event that you continue to contravene these Terms and Conditions and/or the Standards for User Generated Content we reserve the right to contact your employer or your internet service provider.

We will co-operate with law enforcement or regulatory authorities or any court order requesting or requiring us to disclose the identity or location of anyone who has submitted User Generated Content to us in breach or allegedly in breach of these Terms and Conditions and/or the Standards for User Generated Content

In relation to any User Generated Content, you automatically and hereby grant to us a perpetual, royalty free, irrevocable, non-exclusive right and license to use, edit, reproduce, modify, publish, translate, create derivative works from and distribute such User Generated Content, in whole or on part, in any form, medium or technology now known or hereafter developed. In addition, as between you and us, you waive any and all moral rights in such User Generated Content.

Please also see our Standards for User Generated Content that also apply to User Generated Content and which are incorporated into these Terms and Conditions. In the event that you submit any material to us for publication, you will be deemed to have accepted these Terms and Conditions and Standards.

If you see in the Site and/or the Interactive Services any material submitted by a third party user of the Site which you believe to be in breach of these Terms and Conditions and/or the Standards for User Generated Content you may report it by sending an email to investment@thesmart.co.uk. We cannot guarantee that any action will be taken as a result of your email.

2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Site and/or the Interactive Services is owned by us and/or our respective licensors.

2.4 Save to the extent required by law, we make no representations, warranties or terms of any kind including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose are made in respect of the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made) which are provided on an "as is" basis). We do not warrant that the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made) will meet your particular expectations or requirements or that they will be uninterrupted, timely, secure or error-free; nor do we make any warranty as to results or the accuracy of any information obtained by you through the Site and/or the Interactive Services or their contents (including, without limitation, any views or comment made), all of which are hereby excluded to the greatest extent permitted by law. All information and/or data included in and/or on the Site, the Interactive Services and/or in any directory or other listings or information retrieval service made available on or by the Site and/or the Interactive Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All of our liability, and the liability of our directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Site and/or the Interactive Services is expressly excluded to the fullest extent permitted by law.

2.5 The Site and/or the Interactive Services may include links to web sites and/or services owned and/or operated by third parties. These are provided for your convenience only and we are not responsible for and do not give any warranties or make any representations regarding any such web sites and/or services and is not responsible for or liable in relation to the content or your use of such web sites (save to the extent required by law).

2.6 We are the owner of:

(a) those trade mark(s) indicated as such throughout the Site from time to time; and

(b) all other trade marks used in the Site and/or the Interactive Service which are not licensed to it by any third party. All other trade marks, product names and company names or logos cited therein are the property of their respective owners

2.7 The provisions in clause 5 and our Privacy Policy on Data Protection and Use of Personal Information apply in respect of your use of the Site and/or the Interactive Services.

3. Availability and Security of the Site and the Interactive Service

3.1 Due to the nature of the Internet, we do not promise full and error free operation of the Site and/or the Interactive Services at all times. All of our liability and that of our directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Site and/or the Interactive Services is excluded, insofar as it is possible to do so in law.

3.2 Any and all information or material of whatever nature added to or stored by you on the Site ("your material") is so added or stored entirely at your own risk. All of our and the liability of our directors or employees in respect of the loss or deletion of your material or your inability for whatever reason to access your material is excluded to the fullest extent permitted by law.

3.3 We shall use reasonable endeavors to ensure that the Site, the Interactive Services and any information it holds on you are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/or gain unauthorized access to the same by means such as, without limitation, computer hacking (save to the extent that we are unable to exclude such liability by law).

3.4 From time to time, your access to the Site and/or the Interactive Services may be suspended in order for work to be carried out relating to upgrading or maintenance or otherwise as necessary for the provision of the Site and/or the Interactive Services. We shall endeavor to ensure that such works are carried out as expeditiously as is possible in the circumstances.

4. Registration

Where you are asked to complete a registration form for us the personal details that you provide must be true, accurate and complete.

5. Data Protection and Use of Personal Information

Full details of the way we hold and process information which you provide to us and/or from which we can identify you are set out in our Privacy Policy

6. Payment

6.1 Subject to the remainder of clause 6 below and to any charges made for The Smart Punter Services the Site is currently made available without charge to you by us. However, you are responsible for all telephone charges necessary to access and use the Site including, for the avoidance of doubt, the Interactive Services which are made available.

6.2 In addition access to some other parts of the Interactive Services is currently made available by payment only.  This includes The Smart Punter Members Club. You agree to pay any applicable fees for access to such parts of the Interactive Services at the rates in effect when the charges are incurred and for this purpose will deposit with us prior to your use of such services the minimum sum specified by us. We will then be entitled to deduct any fees incurred by you from such sum.

6.3 You must provide us with complete and accurate payment information. You can pay by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the Interactive Services, including The Smart Punter Members Club using those payment details. In the case of unauthorized payments we reserve the right to suspend or terminate your access to The Smart Punter Members Club Services. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to any Interactive Services, including The Smart Punter Members Club services. Please ensure that your payment card details are kept up to date. If we are unable to process payment from your card, it will be necessary to suspend your access to the Interactive Services, until you provide us with details of a valid credit card. You can do this by telephoning The Smart Punter Customer Services on the numbers provided or by updating your card details on your www.thesmartpunter.com ‘My Account' page. You will still be liable for any outstanding payments that could not be met when your access to the Interactive Services was suspended.

6.4 We will try to process your payment promptly but this does not guarantee that the Interactive Services or The Smart Punter Members Club Services will be available to you by any specified time. A contract with you for receipt of the Interactive Services or The Smart Punter Members Club Services will become legally binding from the time at which we take payment from you.

6.5 We will charge you in British Pounds Sterling or, at our discretion, in Euros, depending on the service and your country of residence. You may also have to pay any applicable local taxes.

6.6 If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. No more than one free trial per subscriber is allowed. We reserve the right without notice and at any time to terminate any free trial.

7. Refunds, Returns & Cancellation

These Terms & Conditions relating to refunds, returns & cancellation do not affect Your Statutory Right to Cancel

7.1 Refunds for all Interactive Services including The Smart Punter Members Club Services

(a) Any reimbursement or refund made by us in relation to Interactive Services, including The Smart Punter Members Club will only be made to the bank account or debit/credit card that you used to make payment or part payment for the Interactive Services, including the The Smart Punter Members Club Services concerned.  We will in no circumstances pay money to the credit of a third party or to any other bank account, debit or credit card. If we are for any reason unable to make a refund to your bank account or debit/credit card for any reason the refund will be sent by cheque to you to the address you have notified to us as part of the original registration process or any update of such address.

(b) We may require information from you to verify your identity before making any refund to you and you agree to provide such information as we may reasonably require for this purpose.

(c) We may also charge you a reasonable sum to cover our administrative costs in processing any request for a refund.

(d) We will refund to you all monies due to you in relation to your cancellation or downgrading of your subscription package within 30 days of the date on which such cancellation or downgrade takes effect.

8. Termination

8.1 We may permanently terminate your access to the Interactive Services immediately for any reason.

8.2 There is no specific time limit applying to your use of the Interactive Services on these terms and conditions. However, we reserve the right to suspend or terminate your access to the Interactive Services if you breach these terms and conditions, with or without notice and without further obligation to you.

8.3 In the event that we terminate your access to the Interactive Services and/or including the The Smart Punter Members Club as a result of your breach of these Terms and Conditions or The Smart Punter Members Club Terms and Conditions there will be no refund to you of the unused portion of any Membership Fees.

9. Claims

 Where a claim is brought against us by a third party in relation to your use of the Site and/or the Interactive Services or any User Generated Content,  you agree to fully reimburse us and all companies within our group of companies  (i.e. companies which share the same ultimate parent company) for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by us or companies within our group  (i.e. companies which share the same ultimate parent company)  in or as a consequence of your breach of this Agreement and/or your use of the Site and/or Interactive Service and/or any User Generated Content which is included in the Site and/or the Interactive Service.

10. Force Majeure

 Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.

11. Notices

 Any notices we send to you will be sent to the email address you supply during the Smart Punter registration process or any updated email address. Any notices you send us should be sent by email to investment@thesmartpunter.co.uk. Notices will be deemed to have been delivered at the time and date of sending of the email, which time and date are specified in the email.

Either party may also give notice to the other by first class post to the other party's address. Any notices we send to you by first class post will be sent to the address you supply during The Smart Punter Members Club registration process or any updated address. You may send notices to us at the address set out at the head of these Terms and Conditions.   Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after posting.

12. Assignment

12.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without our prior written consent.

12.2 We reserve the right to assign or transfer all or any of our rights and obligations under this Agreement to any companies in the same group (i.e. companies which share the same ultimate parent company) or another third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Site.

13. No Waiver

Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.

14. Entire Agreement

This Agreement, together with any other terms and conditions or other contractual terms relating to your access to or use of any Interactive Services, including, without limitation, The Smart Punter Members Club services, constitutes the entire agreement between us and you with respect to this subject-matter and excludes any representations or warranties previously given or made (other than any fraudulent misrepresentation) and it may be amended only by us on notice to you.

15. Variation of Terms

We reserve the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted here. We recommend you check back regularly to ensure you are aware of any changes. Changes made in this manner shall be deemed to have been accepted if you continue to use the Site and/or the Interactive Services after the date of transmission of the e-mail or of posting here, whichever occurs later.

16. Law and Jurisdiction

These Terms and Conditions and your access to and use of Site and/or the Interactive Services are subject to the laws of England and you submit to the exclusive jurisdiction of the courts of England.

17. Invalidity

If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

18. Third Party Rights

These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.