When you set up an account through our app, you agree to these terms. If you do not agree, then you should not create or sign into an account through our app.
1. About us. We are SmashCo Ltd (SmashCo, we, our, us) a company registered in England and Wales under number 12634504 with our address at 82 St John Street, London, England, EC1M 4JN.
2. What we do. We are on a mission to make healthier food more affordable for young people. We work with different businesses (such as restaurants, takeaways, food brands and supermarkets – which we call our Business Partners) to agree discounts and offers on their products. We create a code which you can use to access these discounts and offers.
3. About our app users. You must only use our app if you live in the UK and only use our voucher codes if you are aged 13-24 or if you have an active SMASH25+ subscription,. You must only use the code for yourself or your close friends and family. You must not use our app for any business purposes.
a. How do we verify your age? We use a company called Yoti to verify your age when you set up your account. You will be asked to provide your birthday month and year and take a selfie. If you are 24 or under you will receive a notification which tells you whether you have passed the age check to access SMASH for free.
b. What if you don’t pass the age verification check? If you don’t pass the age check, you can access the codes on our app by subscribing to SMASH25+. Before you subscribe you can still read the information about the different types of products and our Business Partners, and sign up to our mailing list to receive updates from us. If you do not agree with the outcome of the check, you can contact us at email@example.com. Sometimes the technology gets it wrong, and if we receive evidence that you are aged between 13-24 then we can manually approve you and give you access to the discounts for free. We will let you know what evidence we require when you email us. It is our decision who can access our discounts, and we may decide not to grant you access. If this happens, we will let you know by email and explain our decision.
4. About our voucher codes. We have three different types of voucher codes – printable, online or show-your-phone. If you do not use the voucher code correctly, you may not receive your discount (e.g. if you download a printable voucher but show your phone in store, the staff can refuse to apply the discount).
a. Our Business Partners sometimes have additional terms which apply to the discounts. When you choose a specific voucher, below the code we list (or there is a link to) the additional conditions set by our Business Partners. You should read their terms to understand if there are any other rules around how you can use the voucher code (e.g. if it expires by a specific date, only applies in specific areas in the UK, can only be used for specific products).
b. We can’t promise that you’ll be able to use the code you download. We have no control over whether specific products are available (e.g. the shop or restaurant might run out of stock) or if our Business Partner decides to end their offer early - so we cannot guarantee you will be able to redeem your voucher code.
c. We don’t promise that the nutritional or allergy information about the products is correct. Our Business Partner is responsible for the food or drink labelling on their products, and for ensuring that information is correct. If you have any questions or complaints, you should contact the relevant Business Partner directly.
5. Our app is free for under 25s (but you should check any data charges). Our app is free to download and use for under 25s, but your internet or data service provider might charge you for connecting to the internet or using mobile data to download.
6. SMASH is available to users aged 25 and over through the SMASH25+ subscription. This is a paid service that allows users outside of the core SMASH age range to access and use our discounts. If you purchase a subscription to SMASH25+, these are the payment and billing terms that apply. By subscribing to SMASH25+, you agree to the following terms (in addition to the rest of these Terms).
a. When you subscribe to SMASH25+, you must designate and provide information about your preferred payment method (“Payment Method”). By signing up for and using SMASH25+ (including if you sign up for any free trials of SMASH25+), you agree to pay any fees that apply. You authorise us to collect from your Payment Method the appropriate fees charged for your subscription.
All fees due for SMASH25+ are payable in advance and will be billed automatically to the Payment Method at the start of your subscription period. All purchases of SMASH25+ are final and non-refundable.
b. We may change our prices for SMASH25+ at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the mobile app and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel your subscription prior to the change going into effect. You will be charged the revised price at the start of your subscription period or, if your subscription has already started before the changes go into effect, on the renewal of your subscription.
c. Please note that your subscription may auto-renew and you may be charged unless you cancel more than 24 hours before your current subscription expires. You may cancel at any time to ensure that your subscription does not automatically renew at the end of the current term. When you cancel, you are cancelling the next billing charge. You will continue to have access to SMASH discounts until the end of your current paid subscription period, regardless of when you cancel the automatic renewal (i.e. you can cancel at any time after your subscription starts and continue to access SMASH discounts through the end of the subscription period).
We do not issue refunds for termination or cancellation of your SMASH account. If you no longer wish to subscribe, you are responsible for cancelling your subscription in due time, regardless of whether or not you actually use SMASH discounts.
d. Please note that your request to cancel automatic renewal must be made using the same platform on which you originally paid as follows:
e. Offers advertised on our app are only available to members who present a valid account. A valid account can be an under 25 account that has been age and email verified or an over 25 account with an active SMASH25+ subscription. To be considered valid, you must have a profile picture that represents a current likeness of yourself to be validated by our brand partners. Such may not be available in conjunction with other offers that participating brands may be running, which may include set menus or a food offering outside of the a la carte menu. Please check the T&Cs on the offer to find out more.
We will use reasonable endeavours to update our app to show the particulars of participating brands and the terms of their availability. SMASH or participating brands may, however, be entitled to withdraw or to change the terms and conditions of their availability at any time and we shall have no liability for any such withdrawals or changes in terms and conditions or availability. SMASH25+ offers may occasionally differ from the offers available to other SMASH users.
Members will have the benefit of any additional brands which join at a later date and any increase in availability of participating brands.
Any printed marketing material is intended as a guide about brands who are participating at the time of publication and, therefore, may not include all participating brand partners at any one time.
f. You are entitled to a 14 day cooling off period when you choose to sign up for SMASH25+. The 14-day cooling-off period starts the day after you agree to go ahead with the service. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period. If there is a free trial period included with your membership this will count towards your cooling off period.
To cancel your membership, see details in section 6d above.
If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
7. Keep your password secret and your data safe. You should keep your password confidential and let us know if you think someone is using your account without your permission. You can let us know by emailing firstname.lastname@example.org. We also recommend that you install any updates we release as soon as possible, as these updates often include security updates which help keep your device and information safe from newly discovered cyber and technology threats.
8. We use your information (and sometimes share it with other organisations). Our Privacy Notice explains what information we use, what we use it for and who we share it with.
9. You can close your account at any time. You can delete the app from your device but this will not close your account. You can close your account by emailing us at email@example.com.
10. We might close your account if we think you are misusing our app. If we believe you are misusing our app (e.g. sharing our voucher codes on social media without our permission), we may decide to suspend or close your account. If this happens, we will let you know by email and explain our decision. If you are using our app for anything illegal, we may also report you to the police.
11. Any intellectual property in our app belongs to SmashCo or our Business Partners. You can only use our intellectual property (e.g. our name, our logo, our content) with our permission.
12. We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time you accepted these terms, both SmashCo and you knew it might happen. We are not responsible for any loss or damage that is not foreseeable. If our app damages your device because we did not use reasonable care and skill, we will either repair your device or pay you compensation (except where that damage could have been avoided if you had installed a free app update we released).
13. Where you can bring legal proceedings. These terms are governed by English law and you make a claim in the English courts or the courts of the country in which you live. Nothing in this paragraph affects your legal rights as a consumer.
ADDITIONAL APP STORE TERMS
The rules and policies of the app store you used to download our app (for example Apple’s App Store of Google’s Play Store) also apply so you should carefully read them.