Please read the following carefully as it sets forth the terms and conditions by which The Motley Fool Limited (“TMF”, “The Motley Fool”, “we” or “us”) provides you with access to the newsletter and subscriber-only website (collectively, “Hidden Winners“). We are a limited company registered in England. Our registered company number is 03736872 and our registered office is at 5 New St Square, London EC4A 3TW. We are regulated by the Financial Conduct Authority. Our VAT number is 188037783.
Subscribing to Hidden Winners
In order to subscribe you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these Terms and Conditions).
When subscribing to Hidden Winners, you will need to provide us with your name, email address, credit or debit card information and your postal/billing address. You confirm that all the information you provide is accurate (in other words, you are who you say you are, and live where you say you live). You also agree to maintain and update your information as necessary, so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, TMF reserves the right to cancel your subscription.
Subscriptions are subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for subscription, without giving a reason.
If you are not already a TMF subscriber, you will be asked to create a password, which you’ll need to access Hidden Winners. You will also be asked to choose a username.
You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password. You can let us know by contacting Customer Service, at [email protected]. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
Hidden Winners may be ordered by clicking on the prompts that will appear on-screen on an order page. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button.
After placing an order we will confirm your subscription by sending you an email confirmation of your order (Subscription Confirmation). The contract between you and us in relation to the subscription ordered will only be formed when we send you the Subscription Confirmation.
Charges and payment
The charges for Hidden Winners are as quoted on the website from time to time. Charges include VAT. Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Subscription Confirmation.
Payment for all orders must be made by credit or debit card on the order page. We accept payment by most major credit and debit cards. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
Your subscription will automatically renew until you notify us of your decision to terminate your subscription (see Subscription Cancellation). Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period to the credit or debit card you used in your most recent transaction with TMF.
Charges for each renewal period will be at the same level as the preceding subscription period, unless the charges have increased in which case we will notify you beforehand.
Trial and Introductory Offers
We may provide you with the opportunity to ‘test drive’ Hidden Winners with a free trial or an introductory offer lasting less than a year before you commit to a full subscription. Only one free trial or introductory offer per household is allowed per service. To be clear, this means if you previously subscribed to Hidden Winners, cancelled and subsequently subscribe again, you will not receive a refund for any cancellations. TMF reserves the right to terminate the subscription and membership of the Fool community of anyone who, in our view, has violated this policy.
In the case of a free trial, if you don’t cancel your subscription before the end of the free trial period we will then charge the credit or debit card you registered during the sign-up process. You agree to pay the applicable subscription fee.
Hidden Winners subscriptions come with a 30-day full subscription refund guarantee (unless otherwise stated). If for any reason you are not satisfied with your purchase, simply notify us within the first 30 days (see Contacting Us) and your subscription will be refunded in full. Refunds are made using the same method originally used by you to pay for your purchase, unless agreed otherwise.
You may cancel your subscription at any time after the full subscription refund guarantee period by notifying us (see Contacting Us) that you wish to cancel your subscription or using our Cancellation Form. If you cancel after the 30-day subscription refund guarantee period then your subscription is non-refundable.
If you do not wish your subscription to a service to renew automatically at the end of your current subscription period you must notify us (see Contacting us) or use the Cancellation Form, in advance of renewal. If you do not do this further charges will be made to your account. It is your responsibility to notify us in advance of renewal.
Please note that the above mentioned cancellation rights go over and above your statutory consumer rights (which give you a right to cancel within a 14 day “cooling off period”), but nothing in these terms affects your legal rights.
All of the content and materials provided by and through Hidden Winners are the sole and exclusive property of TMF or third parties that have granted TMF the right to distribute such material, and are protected by applicable intellectual property laws and other laws. As used in this Agreement, the term “Content” means any share tips, recommendations and other information, as well as mode of expression or other materials including but not limited to our writings, message boards, software, graphics and other features.
You may make a copy of our Content for your personal, non-commercial use, provided that the material copied remains intact, including any copyright notices and disclaimers. Any other copying, distribution, storing, or transmission of any kind, or any sort of use of our Content is strictly prohibited without TMF’s express written permission. Without limiting the foregoing, you may not republish, post, transmit or distribute the Content to any third party websites, online bulletin and message boards, chat rooms, intranets or anywhere else or anyone else without our consent. Aside from opening yourself up to legal liability, distributing the newsletter or posting the articles on other sites or forums is unfair to our members who pay good money to receive our Content. So, don’t do it.
You agree that TMF has an unlimited license to republish anything you post on our site. We’ll only republish your posts in context and we’ll credit you (under your username) as author. We won’t republish your posts for advertising purposes without your permission.
You agree not to display any of TMF’s trademarks or use them in any manner without our express written permission.
Designated trademarks and brands are the property of their respective owners.
Your participation on our community features and use of other areas of TMF’s websites is subject to the Fool’s Rules, which are incorporated by reference in this Agreement. Access to Hidden Winners is password-protected. You agree that you are responsible for statements made and actions taken through the use of your account, so please maintain the confidentiality of your password. You agree to immediately notify Customer Services of any actual or suspected unauthorized use of your username and password. TMF will not be responsible for any loss to you arising from unauthorized use of your data.
TMF may terminate this Agreement and your access to Hidden Winners at any time and without prior notice, if at our sole discretion we determine that you’ve breached these terms or otherwise taken an action disruptive to Hidden Winners. In the event of termination, you will receive a prorated refund.
You agree to indemnify and hold harmless The Motley Fool, its employees, agents, affiliates, directors, officers and shareholders from any (i) actions, claims, proceedings or liabilities arising out of, or in connection with your violation of his Agreement; or (ii) your activities on, or in connection with Hidden Winners.
Disclaimer & Limitation of Liability
We’ve stated this in the Fool’s Rules but it bears repeating: The Motley Fool does not warrant the completeness, accuracy, or usefulness of any information or materials provided through Hidden Winners. Hidden Winners is intended to give general advice and/or comment only, and the investments mentioned may not necessarily be suitable for you. Accordingly, you agree that you have sole and complete responsibility for any decisions your make or actions you take in reliance upon information contained on or available through Hidden Winners.
Hidden Winners and any materials available at or through TMF, are provided “as is” and with all defects. TMF disclaims all representations, warranties, and conditions, express or implied, of fitness for a particular purpose, merchantability, title, non-infringement, compatibility, security and condition or operation of the foregoing. TMF does not warrant the continued or uninterrupted operation of the Internet or Hidden Winners. No oral or written information or communications given by TMF, its employees, or agents will increase the scope of the above warranty or create any new or additional warranties.
TMF, its employees or shareholders will not be liable for any indirect, incidental, special or consequential damages arising out of the use of Hidden Winners, even if TMF has been advised of such damages or losses.
TMF may, at its sole discretion, suspend or discontinue Hidden Winners for any reason at any time. In such event, you will receive a prorated refund. Subject to the foregoing, you agree that TMF shall not be liable to you or any third party for such suspension or discontinuance.
Details of our complaint handling process can be found here.
If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect.
These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the website will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about these terms and conditions or an order you have placed or ordering in general, or any complaint or concern in relation to any subscription ordered by email to [email protected], by telephone on 020 7462 4300 between the hours of 9am to 5pm, Monday to Friday, or write to us at: 5 New Street Square, London EC4A 3TW.
If you wish to cancel a subscription you may do so by notifying us using the above detail or by using this Cancellation Form.
To The Motley Fool Limited:
I/We* hereby give notice that I/we* cancel my/our* contract for the supply of the following service:
Ordered on*: …………………………………………………
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
Signature of consumer(s) (only if this form is notified on paper): …………………………………
*Delete as appropriate