Terms and Conditions

Introduction
Please read these Terms and Conditions carefully before using this website operated by Smartpro Coaching Ltd (Company Number: 06925929) By accessing or using our website you agree to be legally bound by these Terms and Conditions, as they may be modified and posted on our website from time to time.

Online subscription service
The terms below are the terms that govern your use of the Smartpro Coaching Online subscription service. These terms from part of the overall Terms and Conditions for the Smartpro Coaching website.

Purchasing a subscription to Smartpro Coaching Online
Your subscription entitles you to receive full use of the Smartpro Coaching website on a day-to-day basis for the duration of your subscription. By purchasing a subscription to the Smartpro Coaching Online website you are agreeing to a minimum twelve month term of use. We reserve the right to refuse to accept any application for a subscription for any reason. Subscriptions to the Smartpro website are available to anyone aged 18 and over only.

Payment
You agree to pay the subscription fees at the rates in effect when the charges are incurred. You must provide us with complete and accurate payment information. You can pay for the subscription by credit or debit card or, if you are a larger organisation, by Standing Order or Monthly Invoice by prior agreement. The full monthly subscriptions are payable in advance. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services. If your card is refused for any reason including expiry, Smartpro Coaching will contact you and ask you to add a new card and update the payment.

       
 

The monthly fee shall be payable in advance and will be processed by us against the Credit/Debit card provided to us. All payments shall be collected by us in advance and shall not be repayable. We shall collect the monthly fee from the Credit/Debit card on the day of purchase and then automatically charge this amount against Credit/Debit card on the same date each month. If you have a recurring payment scheduled for a day that does not occur in a given month (e.g.the 30th does not occur in February), the payment will be made on the 1st day of the following month. Thereafter, the payment will occur on the 1st of each month.

If at any time during your subscription we decide to increase the price of Smartpro Coaching Online, we will give you at least six weeks' notice in advance to give you time to decide whether you wish to continue your subscription. If you do not wish to continue, you should let us know during this six-week period and we will cancel your subscription. Smartpro guarantee to hold the price for at least the first twelve months of any subscription.

Under UK legislation, you have the right to cancel your subscription within seven working days of the commencement of your subscription. If this right is exercised, any subscription fee paid will be refunded within 30 days. Please contact us to cancel your subscription on this basis. Please note, this right is immediately lost should you print any of the subscriber content contained on the Smartpro Coaching website.

Cancellation of your subscription
The minimum term for the Smartpro subscription is 12 months, if you cancel your payments before the initial 12 monthly payments are paid than Smartpro will issue you with an invoice for the remaining amount that is due within that minimum 12 month term. When you cancel your subscription you will no longer be able to access Smartpro Coaching Online content. Please inform Smartpro Coaching Ltd in writing if you wish to cancel your subscription.
If you decide to cancel your subscription within seven working days of the commencement of your subscription you must return any goods sent out to you in a resaleable condition within a further seven days or you will be liable for the retail cost of the items sent.

Access to subscription only content
Where you have registered using our online registration form, your username will be your email address. You will also be asked to provide a password. You must keep your username and password confidential. We have the right to disable any user if in our opinion you have failed to comply with any of the provisions of the Smartpro Coaching Online Terms or the website terms and conditions. Your right to use and access Smartpro Coaching Online is personal to you, and you must not allow any other person to gain access using your username and password.

Use of Name, Logo and Trademark
You confirm that you are the owner of, or that you have been authorised by the owner to use, any trademark, logo or name.

Assignment
You shall not assign or otherwise transfer the subscription to any other person without obtaining our prior consent. If re-assignment is needed please contact us.

Suspension and Termination of the Subscription
We shall be entitled to suspend or terminate your access to any of the Document Areas at any time without notice should you be in breach of the website use Terms and Conditions or should the payment Fee remain outstanding.  Without prejudice to our rights to suspend or terminate, we may, at our own discretion, terminate your subscription upon giving you one month's notice by e-mail. You will still be liable for all charges that you owe us up to the date of termination if we terminate your subscription under this clause.

Terms and Conditions for Buying Products on our Website
Details of Procedures, Products, Prices, Payment and Delivery are displayed on our website. You will be given clear instructions on how to navigate our simple on-line Order process. You will be required to provide us with your accurate personal details. By clicking on the 'Proceed' button on the Order form you are agreeing to be bound by our Terms and Conditions.

Prices
Prices listed are in £GBP and Delivery costs are added at the checkout.
We may change the advertised price of a Product at any time. The price you pay will be the price in force at the time of your Order. The Price on your Order will be validated by us as part of the acceptance procedure. We try to ensure Prices displayed on our website are correct at all times. VAT is charged on all goods at the current rate.

Should a Pricing error arise, we will inform you if a Product's correct price is higher than that stated on your Order and you may choose to either proceed with or Cancel the Order.

Payment
Payment is usually by credit or debit card and is taken when the Order is placed in line with the Price featured at the time of purchase and is inclusive of any applicable Delivery charges.

We may decline any Order. If your Order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us on the Order. The Order will then be fulfilled around the estimated date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days. If you do not receive a Confirmation email, please contact us to ensure your Order has been accepted. All times for Delivery are indicative and no liability will be accepted by us for late Delivery.

You warrant that all details you provide to us for the purpose of purchasing Products or services which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your Order. We reserve the right to obtain validation and verification of the authenticity of your credit or debit card details before providing you with any Products or services.

You can pay for your shopping in a number of ways, whether it is on-line or by post. We accept Mastercard, Visa, Solo, Maestro or Cheque.

       
 

On-line order payment is processed via our SSL secure payment system. In the case of card payments, funds are taken at point of Order.

Delivery
Stock permitting, all orders placed on the web are usually dispatched to arrive with UK customers within 5 working days. In the event that an item is temporarily out of stock, we will notify you of the delay and dispatch it as soon as it arrives. All product purchases made on our website will be delivered with a request for a signature at its destination. Once signed for the Order is deemed completed and fulfilled.

Returns
Simply email us to obtain a RA number (return authorisation),. You will need to provide full details of your original order:
Order ID
Order date
Your name
Your email address
You must include the original shipping documents that you received with your Order. This will help us find your Order to process the refund/return.

Our Returns Policy
Within 10 days of receipt of the Products, you may return any damaged or incorrectly supplied documents to Smartpro for a full refund or full replacement.
Any Product in its original condition with original packaging and accessories. We can only process returns and refunds for Products purchased from Smartpro.

Refund Policy
Refunds will be processed within 30 days. Where exchange rates of currency are involved, the Refund will be made in £GBP at the current exchange rate. We do not accept responsibility for any loss or gain caused by changes in the exchange rate between the time of the Order and the time of issuing the Refund.
Unless we advise you otherwise, refunds will be credited to the source of the original payment, which means a credit to the bank account concerned, or a credit back to the debit or credit card used. Refunds are made in full for the price of the Products concerned. They are not subject to any deductions to cover transaction and administration costs.

General
We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website.

These Terms and Conditions together with the privacy policy, any Order form and payment method instructions, if any, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions, privacy policy, Order form and payment method instructions.

If any provision or terms of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them. These Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts. Except in respect of a payment obligation, neither you nor Smartpro will be held liable for any failure to perform any obligation to the other due to causes beyond your or Smartpro’s respective reasonable control. Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions does not constitute a waiver of that obligation or right.

These Terms and Conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

Modifications to website
We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content shall be subject to these Terms and Conditions.

Please note that although we try to ensure that the content of our website is accurate, our websites may contain typographical errors or other inaccuracies.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and/or sale of the Products. Disclaimer & Limitations of Liability
Smartpro uses reasonable endeavours to ensure that the information on this website is accurate and up to date. However, it does not give any warranty as to its accuracy or completeness and it will not be responsible for any errors or omissions or for the results arising from the use of such information.

The entire liability of Smartpro under or in connection with any contract for any Products to which these conditions apply shall not exceed the price of the Products except as provide by law, or set out elsewhere in these Terms and Conditions.

We will neither be liable to you, nor be deemed in breach of contract because of any delay in performing, or any failure to perform, any of its obligations in relation to the Products ordered by you, if that delay or failure is due to any cause beyond its reasonable control.

Security
You are responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

Copyright and monitoring
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Smartpro Coaching Ltd, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an Order with Us or using our website as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any questionnaire or when passing Smartpro fact sheets onto your pupils.

Linked sites
Smartpro make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Smartpro endorses or accepts any responsibility for the content, or the use of, such a website and Smartpro shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use or reliance on any content, Products or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Availability of our website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all content, materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

We accept no liability for any indirect, consequential loss, damage or special or punitive damages, or costs, or for any loss of data, profit, revenue, business contracts (whether direct or indirect) in each case, however caused, even if foreseeable and even if we have been advised of the possibility of such damages. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms and Conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

January 2010