A. Information
About Us
These terms of service (SERVICES) apply to services provided by Smart Website Ltd current products (PRODUCTS) and those we may introduce. By using any of our Products or Services you agree to be bound by these terms.
Privacy Matters
GDPR and other matters relating to your privacy and personal information are dealt with in our privacy policy, found elsewhere on our website.
Getting in Touch
If you have questions about these terms or wish to contact us for any other reason, you can send an email to [email protected], or by post to Smart Website Ltd 19a High Street, Shefford, Bedfordshire, SG17 5DD.
B. About Our Products & Services
Using Them
Our Products and Services provide you with a range of conversion tools used within an allocated dashboard. Smart Website Ltd applications may be viewed from the website.
All intellectual property rights in our Products and materials belong to us/our licensors. Where appropriate, you are granted a limited, non-transferable, non-exclusive, revocable licence to install and/or use our Products on your own devices for your own personal non-commercial use, provided that at all times you comply with these terms.
C. Your Responsibilities
Registration/Your Account
You will need to register for and open an account with us before using our Products. You must be at least 18 years old to register. When doing so you agree that all details provide by you to us will be true and accurate and kept up to date. Once registered you must keep your login and password confidential and notify us immediately if you suspect that your login is being used without authorisation. You acknowledge that you are solely responsible for all actions carried out under your login. We may disable your login at any time if, in our sole discretion, you have breached these terms, any information provided during registration is false, or if there is any risk to the security or integrity of our Products and services.
Things You Must Not Do
You may only use our Products and Services for their intended purposes. You agree that, when using our Products or Services, you will not do or promote anything illegal, unlawful or harmful to any other person or another person’s property or privacy, or anything that infringes our or any third party’s rights. You are expressly forbidden from carrying out any reverse engineering on our Products, using any data collected from our Products or Services for any purpose, carrying out data mining, harvesting, extraction or scraping unless we have given you written permission otherwise. We have sole discretion in deciding whether you have done any of these things. If you have, we may terminate or suspend your account and notify appropriate persons without any notice to you.
Things You Must Do
In order to provide a reliable service for you, and other users or our Products and Services and our other affiliates, we ask that you note the following:
Leaving Reviews
As a user of our Products & Services, we may ask for your feedback in relation to your experience of using such. This is not mandatory, but we would really appreciate it. You agree that we may publicly display your name and review as we see fit.
Your Content
Any content you upload to our Products or send to us (including without limitation videos, photographs and reviews) shall remain your intellectual property, but you agree to grant us a perpetual, transferable, irrevocable, worldwide, royalty free unlimited licence to use your content for such purposes as we see fit, provided such use does not compromise your privacy and is in line with our privacy policy. You must ensure that any such content is free from viruses or other malware, and you confirm that you own such content or hold a suitable licence to permit it to be uploaded to our Products. You acknowledge that we reserve the right (but are under no obligation to) review or monitor your content, and that we are not responsible or liable for any such review process. We may delete, edit or amend any of your content at our sole discretion for any reason we see fit.
Your Liability to Us
You agree that you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your use of the Products or our Services and/or your breach of these terms.
D. Your acknowledgements
Disclaimer
Our Products (and all content contained in them) are provided by us on an “as available” and “as is” basis and we do not give any warranties or make any representations of any kind (express or implied) about them, their availability or their suitability to you or to any other person. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Products (and the content in them) and/or Services, whether express or implied.
Our Liability
We shall not be liable to you for any loss or damage, whether in contract, tort (including negligence) or breach of statutory duty, even if foreseeable, that arises under or in connection with:
- your use of, or your inability to use, our Products or Services or any products or services offered by a third party or
- any failure in any element or component of our Products or any other third party services or products.
You acknowledge that under these terms we shall in no circumstances be liable to any business for loss of profits, sales, business or revenue, any interruption to their business, loss of any anticipated savings, loss of any business opportunity, goodwill or reputation, or any other indirect or consequential loss or damage.
We do not assume responsibility for any content that appears on websites linked from/to us within our Products and you should not consider those links to be endorsed by us.
Nothing in these terms excludes or limits our liability for personal injury or death that arises from our negligence, fraud or fraudulent misrepresentation.
Breaches of Terms
Without affecting our other rights under these terms, if you breach these terms in any way or we suspect that you have or will breach them, we may send you a formal warning before temporarily suspending your access to the Products or Services. If the situation is not, in our sole discretion, resolved promptly we may permanently block you from accessing our Products or Services.
E. Complaints procedure
Who is Your Complaint With?
If your complaint relates to a product or service delivered by a third party, you will need to deal with them directly to come to a suitable resolution.
How to complain and how we’ll respond. We do our best to provide an outstanding service to you at all times, but if you are unhappy with our service please contact us on [email protected] or call us on 03717 051600. We will formally acknowledge your complaint within 48 hours of receiving it and aim to resolve it as soon as we can. Once we have investigated your complaint we will provide a final response and proposed solution.
For complaints relating to how we have handled your personal information: the Information Commisioner’s Office, whose contact details are available at http://www.ico.org.uk/make-a-complaint.
F. Other
Governing Law & Jurisdiction
These terms and any dispute or claim arising out of or in connection to them or their subject matter is covered by and shall be construed in accordance with English law. You and we irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any disputes and claims which may arise out of, or in connection with, these terms.
Severance
If any part of these terms is found by any court or administrative body of a competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or unrelated parts of the same provision) shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to our commercial intentions.
Rights of Third Parties
These terms are not intended to and do not give any person who is not a party to them any right to enforce any of its provisions.
Force Majeure
We shall not be liable if we are delayed in or prevented from performing any obligations we may have under these terms due to any force majeure event. Force majeure events are those events or sequences of events that are beyond our reasonable control and could not have been anticipated or avoided include (but aren’t limited to) war, revolution, terrorism, riots, strikes, fires, floods, natural disasters or other adverse weather conditions.
No Waivers
A waiver of any of our rights under this agreement can only be relied upon by you if we have given that waiver in writing. No waiver can be implied by our taking or failing to take any action.
Entire Agreement
These terms constitute the entire agreement between us and you in relation to the Products and Services we provide, except where we ask you to review additional terms or documents (for example, additional bespoke services to our products).