TERMS & CONDITIONS

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN THIS DOCUMENT PLEASE LEAVE THIS SITE IMMEDIATELY AND DO NOT TAKE PART IN THE SMILE PROGRAMME.

General Terms:
i.The Offers promoted on this website are available only to SMILE cardholders (unless otherwise indicated) and only during the period at which they appear on this website and while their card is Valid.
ii. To use this Site, to use or purchase a SMILE card, to provide a SMILE Offer or to use any service made available through this Site, you must be 18 years of age or over.
iii.Except at the Merchant's discretion, Your SMILE card must be presented at time of payment to redeem Your Offer.
iv.Each Offer can be used just once per SMILE card, with the relevant offer number marked off Your SMILE card with a ballpoint pen. However, renewal SMILE cards can be purchased by the same individual and Offers accessed a second or third time if the new SMILE card is Valid, unless this is prohibited by the Merchant in their Offer's terms and conditions.
v.All Offers promoted on this website are subject to the relevant Merchant's conditions of sale and to any terms and conditions detailed next to individual Offers on this website. Unless otherwise indicated, no offers on this Site can be used in conjunction with any other offer.
vi. All Offers, services and information promoted on this site apply to the UK market only. If You choose to access the Site, purchase a SMILE card or contact a Merchant as a result of the SMILE programme, you You are responsible for compliance with all applicable laws and any consequences that arise.
vii. We reserve the right to prevent anyone using this site or the services made available by this Site at any time.
viii. Use of this Site and of any services made available by the SMILE programme does not include the provision of any equipment necessary for the use of this Site. We shall not be liable for any costs that you incur in the use of this Site or the SMILE programme.
viii. The SMILE card and any offers accessible through use of the SMILE card are not transferable. Attempted misuse or sale of a SMILE card except where explicity agreed in writing by Essential Local is strictly prohibited.
ix. You have the right to cancel Your purchase within 14 days from your receipt of your SMILE card (the 'cooling off period'). You will be entitled to a refund of the purchase price upon return of your unused membership card. If You wish to cancel after the cooling off period has expired, and subject to any other statutory rights You may have, We will not be obliged to give refunds for any unexpired proportion of your membership. At no other time will you be eligible for a refund.
x. If you should lose your SMILE card, contact us at smile@essentiallocal.com. A replacement card can be sent to you at the cost of £10 but beforehand we will ask that you tell us which offers you have not used. We can then cross reference this information with our records to provide you with an appropriate replacement card.
xi. We will use all reasonable endeavours to update the Site to show the current particulars of participating Merchants and the current availability of Offers.  Participating Merchants and individual Offers may be withdrawn from the scheme or the terms and conditions of redemption changed at any time after You have become a member and We shall have no responsibility for any such withdrawals by participating outlets or any such changes in their terms and conditions or availability. Members will have the benefit of any additional Merchants which join the scheme at a later date and any increase in availability of participating Merchants. Our printed material is intended as a guide of outlets which are participating at the time of publication and will not necessarily be an accurate representation of the offers available at that time. It is Your responsibility to check the Site for the latest updates and to ask the Merchant if you are unsure whether the Offer is still available.
xii. The information contained on the Site is only for information purposes only. We do not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Site or the reliability of the access to this Site. We do not warrant that Your use of the Website or SMILE programme will be uninterrupted. Access to this site may be interrupted at any time. Neither We nor any of Our directors, officers, agents, employees or other representatives will be liable for damages arising out of or in connection with the use of our Site or services made available through this Site. This is a comprehensive limitation of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
xiii. In no event do We accept liability of any description, including liability for negligence for any damages or losses including, without limitation, loss of business, revenue, profits, or consequential loss whatsoever resulting from use of or inability to use our website. We do not provide any warranty that the website or Sites which are linked to our Site are free from computer viruses or any other malicious or impairing computer programme.  The pages contained in the Site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We do not accept any responsibility for keeping the information in these pages up to date or liability for any failure to do so. You acknowledge that the internet is not a secure medium and We make no warranties, express or implied, that any information You or We transmit through the site will be safe from unauthorized access or use. If this is not acceptable Your sole remedy is not to use the site.
xiv. Third party goods and services - We do not vouch for those persons, companies and other organisations whose goods or services may be accessed or displayed through or on the site - the 'Merchants'.  We take no responsibility for bad experiences at any of the outlets.  We do not have and never intend to have any contractual involvement in your bookings or other dealings with the outlets on our site. We will not become involved in any dispute between you and any outlet and cannot asisst users in the redemption of the offers.
xv. Each business has agreed to honour the respective offer described on this site and been given the tools to do so. Essential Local is not liable if for whatever reason the advertiser does not honour the offer.
xvi. Any value of savings indicated is based on estimated spend and assumes full use of offers.
xvii. Delivery: You must wait a mimimum of four working days before reporting an order as not received or lost on the way back to Us. It is Your responsibility to report any loss to smile@essentiallocal.com. You must comply with either Royal Mail's claim compensation process or Our process.
xviii.. Failure to enforce or non-reliance on any of these Terms and Conditions by Ourselves on a particular occasion or occasions will not prevent Us from subsequently relying on or enforcing them.
xix. These Terms and Conditions, and any agreement entered into in connection with the same, shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.
xx. Company and product/service names promoted on this website may be the trade marks of their respective owners. Users of this Site are not granted any right or licence to use these.
xxi. Indemnity: You shall indemnify Us against any loss, liability or cost incurred by Us arising out of any claims or legal proceedings brought against Us by any person arising from:
a) Your use of a SMILE card
b) Your use of this Site
c) Any breach of this agreement by You.
xxii. The Site contains links to third party sites for Your convenience only. We have no control over and do not accept liability for any loss or damage that may arise from Your use of third party sites linked to this website and you access these sites entirely at your own risk.
xxiii. All rights in all material and content on this Site and in any SMILE printed materials are owned by Us. You agree that you may not copy, transmit, distribute, commercially explicity, modify or create derivative works of such content. We are the owner of all intellectual property appearing on this Site and any use or reproduction of this intellectual properly is prohibited. All rights are reserved.
xxiii. No liability: We hereby disclaim all liability for any loss, cost or damage suffered by you as a result of your use of the SMILE card, Programme or websites, whether such loss, cost or damage arises from our negligence or otherwise.
xxiii. The SMILE card contains Offers redeemable by You from a Merchant in accordance with the description and terms stated on this website. An attempt to redeem an Offer not consistent with these terms may render the voucher invalid.
xxiii. The Merchant, and not Essential Local, is the seller of the products and services promoted on this website and accessed through the SMILE card. The Merchant, and not Essential Local, is solely responsible for providing You with the Offer products they have advertised on this Site and for redeeming any Offer.
xxiv. The SMILE card is merely an advertising medium and Offer redeeming mechanism. By using Your SMILE card you accept that your contract is with the respective Merchant when redeeming an offer and that Essential Local is not liable if for whatever reason the advertiser does not honour a particular offer.
xxv. Reproduction, sale or resale of a SMILE card is strictly prohibited.
xxvi. Neither the Merchant nor We are responsible for lost or stolen SMILE cards or membership numbers.
xxvii. If You contravene any element of these Terms and Conditions we reserve the right to suspend Your use of this Site and SMILE card Offers.

Privacy Policy
By using SMILEoffers.co.uk, the SMILE card or any related services you agree to the terms of this Privacy Policy. If you do not agree to these terms please do not continue using the Site or our services.

Essential Local uses the personal information we collect to provide the service to you described on this Site. We will not sell, rent or share your personal information with any third parties without your consent unless legally required to do so. Any communication you have with us may be retained in order to serve your better.

When you submit a business recommendation, enter our competition, sign up for our newsletter, register for a free trial or buy a SMILE card, we collect and process the information you provide to us, namely your name, email address and address. We may use this information, along with information regarding your SMILE card usage, to provide you with a better experience when using the SMILE programme, to send you details of our services and to inform you of local news and offers. Any communication sent to you will include an option for opting out of receiving communication via email.

We do not accept any responsibility or liability for the Privacy Policies of 3rd party websites. Please check these policies carefully prior to use. We do not use cookies or gather information additional to that described above.

All personal data is stored securely in accordance with the Data Protection Act 1998.

The Data Protection Act 1998 gives you the right to access the information we hold about you. Should you wish to receive the details that we hold about you please contact us at Essential Local, 14 St Benet's Close, College Gardens, London SW17 7UB or email smile@essentiallocal.com.

----------------------------------------

SMILE Terms and Conditions for Businesses
By using this Site and/or by agreeing to provide a SMILE Offer, You are agreeing to Our terms and conditions of use as detailed on this document.

IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN THIS DOCUMENT PLEASE DO NOT TAKE PART IN THE SMILE PROGRAMME.

From time to time we may promote You in the form of discount promotional offers in our marketing and discount programme which includes Essential Local Magazine, additional online and print publications and other associated products (hereafter the 'Programme') under these terms and conditions.

We reserve the right at any time without notice to revise the content or format of our Programme (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our website and by continuing to liaise with us regarding participation in the SMILE programme following any such change it will be deemed that You are bound by changes and the revised terms and conditions.

We may, but are under no obligation, to use the Offers in all or any of our products (including print, electronic communication, mobile telecommunications and online) without limit. We reserve the right to withdraw any Offer at any time.

You undertakes to use your best endeavours to ensure our subscribers and any individual bearing a Valid SMILE card or authorisation code are not discriminated against when redeeming or attempting to redeem any of Your 'Offers' and shall be treated no less favourably than full paying customers.

A "Valid" SMILE card is one which bears a 'SMILE' stamp and has the relevent offer number clear of any pen mark. A "Valid" authorisation code will be one which has been sent to You from smile@essentiallocal.com

You undertake to honour the offer listed below to anyone bearing a Valid SMILE card or authentification code. By taking part in this promotion you accept all responsibility for the proper fulfillment of the Offer and complete liability to any party taking up an Offer for any loss or damage resulting from negligence, accident or any other cause.




1. By entering into this agreement with us You, 
(a) agree to be bound by our terms and conditions at the date of registration and for a 12-month period.
(b) warrant that you are a commercial enterprise 
(c) confirm that you are authorised to enter into contracts to bind your business.

2. You will honour each Offer submitted to us for promotion though our Programme upon presentation by any individual of a valid SMILE card or authorisation code during your normal opening hours. If You transfer ownership or control of your business You must ensure that you advise us and that the transferee will continue to honour each Offer.

3. We have the right to promote Your Offers via our Programme during the promotion period running for 12 months from the date of this letter. The "Discount Period'. 

You undertake to abide by the rules and privacy policy for the time being of both the Company and the Programme as published from time to time on our website.



4. We do not represent or warrant that 
(a) access to Our website or the Programme, or any part of it will be uninterrupted, reliable or fault free.
(b) accuracy, completeness or suitability for any purpose of the information and related graphics published on Our website or in any related publication under Our immediate control.

We do warrant that We will not knowingly impact Your business in an adverse manner and will seek to positively promote Your business in accordance with good commercial and ethical practice.
For the avoidance of doubt We shall be under no obligation to use all or any of the Content you provide to us.

We reserve the right in our sole discretion and without notice to decline to promote the Offers of any content provider that is in breach of these terms and conditions of use.

5. You agree to be contacted by SMILE and Essential Local from time to time.

6. We shall have no liability with respect to its obligations under these terms and conditions or otherwise for any loss or damage whether it is direct, indirect, consequential, exemplary, incidental, or punitive, even if has been advised of the possibility of such damages.

7. By participating in SMILE you accept all responsibility and liability for the redemption of any Offer you have agreed to provide, without prejudice and to the full extent of your ability. You accept that you, and not Essential Local, are liable if for whatever reason you do not honour your offer.

8. By participating in the SMILE programme you accept that you are the seller of the products and service promoted on this website in the name of your business and that you, and not Essential Local, are solely responsible for providing SMILE cardholders with the Offer products we have have advertised on this Site on your behalf and for redeeming any Offer.



7. You may give Us 1 month's notice to withdraw or change any offer and this will be updated on Our website accordingly at the cost of £30 per change. Any promotional material will only be updated from time to time but the offer on the website will be that to which You are bound.

8. Except as otherwise stated, any notices you wish to send to us should be e-mailed to smile@essentiallocal.com. Any notices that we may wish to draw to your attention will be on Our website.

This Participation Agreement shall enter into force on the date of written agreement and shall substitute all previous agreements.