This page together with the documents referred to in it sets out the terms and conditions on which we provide membership to the smoking cessation support services described in our website at www.smokersangel.com (the Services).
You should read these terms and conditions carefully and in full before subscribing to the Services via our website. By ordering a subscription for the Services (Membership), you agree to be bound by these terms and conditions. Please print a copy of these terms and conditions and keep them safe for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. If you do not accept these terms and conditions, you will not be able to enter into a Membership or use the Services available to members on our website.
Who We Are
www.smokersangel.com is a website operated by Smokers Angel Limited, referred to throughout these terms and conditions as we or us. Please note the following information about us:
- We are a limited company registered in England and Wales under company number 06245424.
- Our registered office is at 2nd Floor, 145-157 St John Street, London EC1V 4PY.
Service Availability
Our website is only intended for use by people resident in the United Kingdom and we do not accept Memberships from individuals outside the United Kingdom.
Who You Are
By placing an order for a Membership through our website, you warrant to us that:
· You are legally capable of entering into binding contracts.
· You are at least 18years old.
How The Contract between You And Us Is Formed
After placing an order for a Membership, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your Membership has been accepted. Your order constitutes an offer to us to buy a Membership. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Membership has started (the Membership Confirmation). The contract between us (Contract) will only be formed when we send you the Membership Confirmation, which we will not send until we have received payment in full for the Membership.
Subject only to paragraph 7 below, the Contract for a Membership will continue for a period of one year from the date specified in the Membership Confirmation (the Membership Period). You may cancel the Contract (and therefore the Membership) at any time, but unless it is cancelled in accordance with paragraph 7 below, we will not refund the amount you have paid for the Membership.
Password And Membership Card
Once you have received the Membership Confirmation, we will send you an e-mail confirming your unique password, and we will post to you a membership card. The expiry date of your Membership Period will be printed on your membership card.
Your password and membership card are personal to you and may not be used by anyone else to access our website or your Membership, or to use the Services in any way. You will not allow or do anything that would enable or assist anyone who is not a member to gain access to any registration area of our website, or to your password, membership card, Membership or to the Services. If you believe that someone may be using your email address, password or membership card fraudulently you should notify us immediately by emailing customerservices@smokersangel.com.
We may suspend or terminate your Membership at our option and without any liability to you if we know or have reasonable cause to believe that your password and/or membership card have been or are being used by any third party to gain access to your Membership or to the Services.
You must show your membership card at the point of sale in order to be eligible for discounts from participating third party retailers and service providers. Please note that discounts will not be available to you without production of a valid membership card, therefore you must take this with you when making a relevant purchase or attending an appointment. You should not therefore make any purchases from, or make any appointments with, any participating third party product or services provider until you have received your membership card.
If your membership card is lost or stolen, please notify us immediately by emailing cards@smokersangel.com. We will issue a new membership card to you (which will be valid only for the remainder of the Membership Period) on payment to us of our then current replacement card fee.
Our Relationship With Third Parties
If you buy goods or services from third party retailers and service providers participating in our discount scheme as a result of your Membership, please note that the resulting contract is between you and that third party, and not between you and us. In these circumstances, the contract will be subject to the terms and conditions of the third party, and they will let you know what these are. You should carefully review their terms and conditions, as these will apply to your transaction. Whilst we do not accept any liability for any contracts you enter into with third parties as a result of your Membership, we would be interested to hear from if you have any complaints or comments about the service you have received from those third parties. If you wish to contact us about this, then please e-mail us at info@smokersangel.com.
Where we provide links on our website to the websites of other organisations, (whether affiliated with us or not), we cannot give any undertaking that any goods or services you purchase from third party sellers through our website, or from companies to whose website we have provided a link on our website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
Consumer Rights
If you are contracting as a consumer, you may cancel a Contract between us at any time within 7 working days, beginning on the day after you received the membership card. If you do so, we will give you a full refund of the price paid for the Membership in accordance with our refunds policy which is set out in paragraph 10 below, provided that you:
- inform us of your decision by email to refunds@smokersangel.com, and
- return your membership card to us, at your own cost and risk.
Details of your rights and how to exercise them are provided in the Membership Confirmation. Your statutory rights are not affected.
Risk And Commencement
The membership card will be at your risk from the time of delivery. Your Membership will not commence until we receive full payment from you of all sums due in respect of the Membership.
Price And Payment
The price of Memberships will be as quoted on our website from time to time, except in cases of obvious error.
We may change our prices at any time, but any changes we make will not apply to orders for Membership in relation to which we have already sent you a Membership Confirmation.
Payment for Memberships must be made by credit or debit card through WorldPay, which accepts most popular credit and debit cards. We will charge your credit or debit card with the sum owed to us as soon as we accept your order for a Membership.
Refunds Policy
When you cancel your Membership, you must return your membership card to us without delay and at your own cost and risk. Where you qualify for a refund, we will notify you of your refund via e-mail within a reasonable period of time, and we will usually refund the money to you using the same method you originally used to pay for the Membership. Subject to receipt of your membership card, we will usually process the refund as soon as possible and, in any case, within 30days of the day we received your cancellation.
Memberships cancelled by you within the 7-day cooling-off period referred to in paragraph 7 above will be refunded in full. However you will be responsible for the cost of returning your membership card to us. You are not entitled to a refund if you cancel your Membership after this period.
Our Liability
Our liability to you in connection with any Memberships purchased through our website is strictly limited to the purchase price of the Membership in question.
However we do not exclude or limit in any way our liability to you:
· For death or personal injury caused by our negligence.
· Under section2(3) of the Consumer Protection Act 1987.
· For fraud or fraudulent misrepresentation.
· For any matter in relation to which it would be illegal for us to exclude, or attempt to exclude, our liability.
We do not accept liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however it arises, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not guarantee that your purchase of a Membership or use of the Services will result in you ceasing to smoke, and you accept that we are not liable to you in any way if you do not stop smoking after purchasing a Membership or making any use of the Services.
Privacy Policy And Website Terms Of Use
All information received by us in relation to your Membership and/or your use of our website will be handled in accordance with our Privacy Policy. When accessing our website and using the Services, you will be bound by our website terms of use.
Communication With You In Writing
In certain circumstances, the law requires that we must communicate with you in writing. When using our website, you accept that our principal means of communicating with you will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For the purposes of your Contract with us, you agree to our communicating with you by electronic means, and you acknowledge that any Contracts, notices, information and other communications that we provide to you by those means comply with any legal requirements that such communications be in writing. Your statutory rights are not affected.
Notices
Except where otherwise stated in these terms and conditions, any notices you send to us must be given to Smokers Angel Limited at 2nd Floor, 145-157 St John Street, London EC1V 4PY. We may give notice to you at either the e-mail or postal address you provide to us when you place your order, or in any of the ways specified in paragraph 13 above.
Notice will be deemed received and properly served:
· immediately when posted on our website.
· 24hours after an e-mail is sent.
· 3 days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove:
· in the case of a letter, that it was properly addressed, stamped and placed in the post.
· in the case of an e-mail, that it was sent to the specified e-mail address of the addressee.
Transfer of Rights And Obligations
The Contract between us binds both you and us, and our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any Contract with us, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract between us, or any of our rights or obligations arising under it, at any time during the term of the Contract in question.
Events Outside Our Control
We do not accept any liability for any failure to perform or delay in performing any of our obligations under a Contract between us where such failure or delay is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (but without limitation) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, or the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of any Contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close, or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Waiver
A waiver by us of any of these terms and conditions shall not be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 13 above. No such waiver shall constitute a waiver of any other prior or subsequent breach and we shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
Severability
If the whole or any part of any provision of these terms and conditions is or becomes invalid, void or unenforceable for any reason, then it shall to the extent required be severed from these terms and conditions and rendered ineffective so far as is possible without modifying the remaining provisions, and shall in no way affect the validity or enforceability of any other provisions.
Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract between us, and will supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Each of us acknowledges that, in entering into a Contract, we have not relied on any representation, undertaking or promise given by the other party or implied from anything said or written in negotiations between us prior to such contract, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract between us (unless such untrue statement was made fraudulently) and in such circumstances the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
Our Right To Vary These Terms And Conditions
We have the right to vary these terms and conditions from time to time, and we encourage you to revisit them periodically to ensure that you are fully aware of them at all times. Any changes are effective immediately upon posting to the website. Your continued use of the website constitutes your agreement to all such terms and any changes to them.
You will be subject to the policies and terms and conditions in force at the time that you order a Membership from us, unless any change to those policies or terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or terms and conditions before we send you the Membership Confirmation (in which case we have the right to assume that you have accepted the change, unless you notify us to the contrary within 7 working days of receipt of the Membership Confirmation).
Third Pary Rights
These terms and conditions 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.
Law And Jurisdiction
Contracts for the purchase of Memberships through our website will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.