Terms & Conditions

This website is owned and operated by Smart Radio 101. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors a the ability to listen to live and catch up shows and all other services brought to them by Smart Radio 101. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

In order to use our website and/or receive our services, you must be at least 16 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website alongside each item. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged at point of sale.

For any damaged products purchased, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: any and all music purchases or downloads. 

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

When we receive a valid warranty claim for a product purchased from us, we will either replace the product within a reasonable time, or if not able to do so the customer will be entitled to a full refund upon the prompt return of the product to us. The customer will be liable for all postage costs including for return shipment of the product to us.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Smart Radio 101. 

You agree to indemnify and hold Smart radio 101 harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

To the maximum extent permitted by applicable law, in no event shall Smart radio 101, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Smart radio 101 assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will not notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time via contact email.

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of UK/USA & Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the UK. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Privacy Policy

This Privacy Policy / Notice sets out how Smart radio 101 uses and protects any information that you provide when you use this website and contact forms. We may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/07/21.

Smart radio 101 are committed to ensuring your privacy is protected. Should we ask you to provide certain information by which you can be identified you can be assured that it will only be used in accordance with this privacy statement.

INFORMATION COLLECTED

We may collect the following information:

  • Name

  • Company/Organisation (When Applicable)

  • Telephone Number

  • Email Address

In general, you may visit the Site without telling us who you are or revealing any personally identifiable information about you. Our servers collect the domain names, operating system in use (e.g., Macintosh, Windows) and browser (e.g., Google Chrome, Internet Explorer). This information is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site. E-mail addresses and other personally identifiable information such as first and last name, telephone number, and other similar information are known only when voluntarily provided by a visitor for registration or other participation of visitors in any available online interactive activities.

OUR LAWFUL BASIS FOR WHAT WE DO WITH THE DATA THAT YOU PROVIDE

We require this information in particular for the following reasons:

  • Name, Address, Telephone Number and Email Address for billing and communication purposes.

  • We may require additional detail i.e. passwords, software license information etc. to help us resolve your technical issues.

  • We may periodically send promotional emails about updates or other information which we think you may find interesting using the email address which you have provided only if you have ‘Opted In’ providing your consent.

DISCLOSURE OF WHERE DATA IS STORED

When processing your data, we use the following Third Parties:

  • Mailchimp

  • Wix

YOUR RIGHTS TO CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information; you have the following rights:

  • The right to be informed

  • The right to access

  • The right to rectification

  • The right to erasure

  • The right to restrict processing

  • The right to data portability

  • The right to object

  • The right to be subject to automated decision-making including profiling

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law. You may request details of personal information which we hold about you under the GDPR (General Data Protection Regulation) 2016.

If you believe that any information, we are holding on you is incorrect or incomplete, please advise us as soon as possible. We will promptly correct any information found to be incorrect.

You may change your mind at any time by using the Unsubscribe link in the email received or if you require any further information email us at via contacys page on www.smartradio101.com 

DATA RETENTION POLICY

Most of the data collected is used for accounting purposes, as such it is a HMRC requirement to hold records for 7 years. Any IT service data that is collected can be removed securely at your request subject to any contractual obligations.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. Should we find any evidence of a data breach we will notify you with 72Hours.

COMPLAINTS

Should for any reason you wish to make a complaint about how Smart radio 101 have managed your data, you can write via contacts page here on site.

HOW WE USE COOKIES

A cookie is a small file which asks permission to be placed on your computer’s browser and hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

 

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

 

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Terms & Conditions

This website, www.badmonkeyrecords.com (the “Site”), and all personal information collected from users of this site, is owned solely by “Smart Radio 101 ”. In these Website Terms references to “we”, “us”, “our”, are references to “Smart Radio 101”.

AGREEMENT

By accessing, using, browsing or booking on this site you agree that you have read, understood and agree to be bound by these Terms of Use and you agree to comply with all applicable laws, rules and regulations. Nothing in this site shall constitute an offer to supply goods or services.

CHANGES TO SITE

Further, we may change this site at any time without notice by adding or removing features or services. This will be without liability to you. We do not warrant that the information accessible via this Site is accurate and assumes no duty to update such information. We do not accept liability for any errors or omissions. We use its best endeavours to ensure that information contained in this website is accurate and not misleading.

 

LAW AND JURISDICTION

This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.

 

DATA PRIVACY

We have a privacy statement for all clients. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of any orders and payments secure, but, in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.

 

CONDITIONS OF USE – COPYRIGHT

You may save and print individual items included on this Site. However, this must be for your personal, non-commercial use only. You may also send selected individual items to other users of the site or your friends or work colleagues provided that they only use them for their own personal, non-commercial use. Any other onward distribution or further publication is prohibited.

LINKS

Any links featured on this Site have been included for your convenience only. The inclusion of a link does not imply that we endorse or accept any responsibility for the linked site, its content or its provider. Access to a linked site will be subject to that sites own terms and conditions, to which you should refer.

 

FURTHER DETAILS

Please note we reserve the right to change these terms of use with any changes being posted onto this page.

​​

COOKIE POLICY

Cookies are files stored in your browser and are used by most websites to help personalise your web experience. Some features of this website will not function if you do not allow cookies or have cookies disabled. For the best experience using this site, we recommend using an up-to-date browser with JavaScript enabled and accept cookies.

OVERALL

This website makes use of essential session cookies to provide you the visitor with a service. We have automatically set a session cookie so you can use this website and service. If you do not want this cookie set, then please follow the link at the bottom of this page or manually delete the session cookie at any time by following the instructions in your browser. By continuing to use this website you give implied consent that we can store other cookies on your computer to provide you with this service.

We will store some third-party cookies to provide us with analytical data about who visits this website (anonymous visitor data, we cannot personally identify you), how they find us, and how long they use the site for. We do not use any information to track you, or personally identify you, we are only looking at summary data, always anonymous.

 

COOKIE INFORMATION

SESSION COOKIE

We automatically set a session cookie in order for you to use this website or service. This session cookie is essential for the correct operation of this website and service. If the session cookie is not available, you may not be able to use some or all of the features of this website or service. The session cookie stores some basic information about your current status such as whether you are logged in and previous search information e.g. registration numbers and filters.

A session cookie only lasts as long as your current browsing session and is typically removed or deleted by your browser when you stop using this website or service. You can manually delete your session cookie at any time by following the instructions in your browser.

THIRD-PARTY COOKIES

This website makes use of:

  • Google Analytics – Allows us to view anonymous visitor data so we can improve this website or service to you. We typically make use of the overall visitor counts, the search parameters users used to find us and the amount of time a user spent on the site.

  • Google Tag Manager – Allows certain tracking tags throughout the website to be managed using an interface. This interface logs data in a quantitative form, meaning no personally identifiable data will be recorded or used.

  • Twitter – Allows us to embed our latest Twitter posts on this website in a way that is consistent with, and adheres to Twitter’s own rules and policies. Twitter uses data obtained by these cookies to personalise its own content, and as such, Genesis has no access to this data.

  • Inspectlet – Allows us to better understand how visitors interact with and navigate this website. We use this data to improve how we present information and offer our visitors an easy and valuable experience.

  • Lead Forensics – Allows us to assign your Internet Protocol (IP) address to those of known organisations. We use this data to determine the performance of the website and to measure the organisations that are of potential value to us. In accordance with General Data Protection Regulation 2016 (GDPR)’s guidelines on the use of data, we cannot use this data to track individuals.

 

BACKGROUND INFORMATION

The 2003 Regulations implemented a European Directive – 2002/58/EC – which is concerned with the protection of privacy in the electronic communications sector. In 2009 this Directive was amended by Directive 2009/136/EC. This included a change to Article 5(3) of the E-Privacy Directive requiring consent for storage or access to information stored on a subscriber or users’ terminal equipment – in other words a requirement to obtain consent for cookies and similar technologies.