This user agreement incorporates the terms and conditions which you agree to when to when you register to use and every time you actually use the website www.thesmartworkcompany.net
DEFINITIONS
"user" or "you" means anyone using and/or visiting the forum for any purpose
"advertisers" means either any person or organisation who is advertising on the website, those who have registered a profile with the website, subscribers including "Pay per click" users or any person or organisation who has entered into an advertising or affiliate agreement with us
"we" or "us" means The Smart Work Company Limited, 7 Caroline Court, Lovelace Road, Surbiton, Surrey company number 6239383
"post onto the website" or "posts" means any submission, in any format, of any words, graphics, information data or anything which subsequently appears and can be viewed on the website.
"associate" means any person or organisation with whom we are associated. This will include advertisers whose websites etc we appear on and any person or organisation that has a hyperlink to our website.
1 ABIDE BY TERMS
(1) By using the website you confirm that you are aged 18 or over and that you have read and understood this and agree to be bound by this user agreement incorporating our terms and conditions. Where you are using the website or entering into an agreement on behalf of an organisation you confirm that you have the legal right to do so.
(2) Where the registration for use of the website is on behalf of an organisation and other persons (for example employees) use the website, the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and any subsequent action.
(3) Where the registration for use of the website is by an individual who is part of an organisation then the individual specifically confirms that the organisation and agrees to and permits the individual’s registration, the use of the website generally at any time and that that there is nothing within the organisation’s polices which would prevent registration and/or use. The individual indemnifies us completely against all actions, claims and legal action in the event of any such action being taken against us.
(4) Registration user name and/or names used in any posts must be chosen and used to retain the privacy of the individual, organisation and any website user and so that neither individuals, organisations or any users can be identified.
(5) All users of the web site are invited to join by us on specific invitation, the membership is at our discretion and not assignable under any circumstances whatsoever.
2 OUR SUPPLY OF WEBSITE
(1) Whilst we will use our reasonable endeavours to supply the website and its content, we shall not be responsible for any failure to provide the website or any services or any unavailability. The website is available on an "as is" and "when available" basis.
(2) We cannot guarantee that the services will be uninterrupted, secure or error-free. We make no warranty against electronic virus, worms or any other defect or problems which may occur in respect of any viewing or use of the website nor in respect of any e-mail or document. We are not responsible for any loss or damage whatsoever caused or resulting from the use or a failure to provide the website or for any virus or defect as a result of any e-mail or document we send.
(3) Any right to use the website is at our sole and absolute discretion. We specifically reserve the right to choose users, including choice by invitation only, and our decisions are absolute.
(4) Unless we have a specific agreement with you, use of the website does not cover any form of assistance or support in any form other than as defined at www.thesmartworkcompany.net. Additional support can be purchased if you require - please contact us at info@thesmartworkcompany.com
3 WEB SITE USE
(1) Full use and contents of the website are for registered users only. If you are not registered you may be able to view certain parts of the website but not participate or post on the website.
(2) The website is only a venue. We do not control, validate, amend, edit, endorse any opinions, statements, recommendations or information or anything posted onto the website by any users or advertisers nor any service provided by other users or advertisers nor any links to other websites, nor anything whatsoever which is made available through the website. You may find other users’ or advertisers’ posts or information to be inaccurate, deceptive, etc. You must take this up with the user or advertiser involved.
(3) Since the opinions, statements, recommendations, information and posts generally on the website are those of users, we take no responsibility for checking or verifying such posts
(4) Any opinion, statement, recommendation, information, posts, any links to any websites or information or anything whatsoever will not form a recommendation, guarantee or warranty and you agree that we have no liability in this regard.
(5) When you click on links you will be forwarded to third party websites. We have no control or responsibility regarding third parties or any such websites. You are aware that you will enter into a separate agreement which has nothing to do with us and you must make yourself aware of the terms of such agreements. You specifically confirm that we can not be held liable in this regard.
(6) To the extent that the law allows, without limitation, all implied warranties, conditions or other terms are excluded. You hold us absolutely free of all liability and responsibility for any actions, results or adverse situations created as a direct or indirect result of specific opinion, statement, recommendation, information, advice, post or anything shown or available through the website.
4 YOUR USE & POSTS
(1) All users specifically agree not to abuse posting onto the website and that they are both expressly and solely liable for anything which they post onto the website.
(2) All users agree that anything either they, or a third party on their behalf, post onto the website, whether or not it is written by the user or written for them by someone else or some other organisation, in any form whatsoever is at all times professional, honest, accurate, not misleading and does not amount to any misrepresentation, does not either directly or indirectly identify any individual or organisation, does not breach any copyright, intellectual property or the rights of any third party, whatsoever in nature, is not defamatory, libellous, discriminatory (in any form), is not abusive, offensive or obscene and does not otherwise harass or breach or invade the privacy of any individual or organisation, does not contain any restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page), does not engage in commercial activities and/or sales (unless you have our specific and express written consent), does not promote or instruct as to any conduct as described above or which promotes any breach of this user agreement or any law and is not in any way illegal or contrary to any law. Any posting which we, in our sole and absolute discretion consider to be unlawful or inappropriate will be removed from the website as soon as we are aware of it.
(3) We do not tolerate the use of unsolicited commercial communications, any junk mail, chain letters, unsolicited mail such as Spam or other such similar conduct and you confirm that you will not engage in any such activity. URLs are allowed providing the link is professional, appropriate, relevant, useful and necessary.
(4) All users agree that they will not take any action nor fail to take action, as appropriate, that will in any way undermine the system of posts
(5) All users agree that any post onto the website that they make can be freely used, copied, published, translated and distributed in any medium and in any form including for advertising and promotional purposes by others without your permission and that it is not subject to any copyright restrictions and at all times is owned wholly by the user posting it.
(6) All users specifically agree that we have no liability with respect to any posts whatsoever and furthermore you will indemnify us completely in respect of any claim and/or loss.
5 RESPONSIBILITY AND MISUSE
(1) In addition to all the other clauses, you agree that you will solely be responsible for your use of the website (including your responsibility for the security of your user name and password) and that you will use the website legally and only for the purposes that it is intended to be used.
(2) Furthermore you agree that you will not misuse the services in any way, and specifically, although not exclusively you will:
(a) Not allow any person or individual access to your registration nor right to use the website
(b) Not use any virus, worm, Trojan horse, time bomb or any such code that could destroy and/or contaminate.
(c) Will abide by any laws applicable to this agreement or the operation of it. In particular we refer to the use of; material or content we deem to be harmful, illegal or offensive; any infringement of intellectual rights and copyright; using the services for illegal purposes such as fraud or in any other crime. However all and any misuse is included.
(3) You confirm that you will not interfere or attempt to interfere with the proper working of the website nor any activities conducted on it.
(4) You also specifically confirm that you will:
(a) Notify us immediately of any unauthorised use including any of any unauthorised use of your registration/account with the website or any other known or suspected breach of security.
(b) Immediately report to us but also to use reasonable efforts to immediately stop any misuse that is known or suspected by you.
6 COPYRIGHT & INTELLECTUAL PROPERTY
(1) The website and all the basic content (including text, images, marks and logos) with the exception of individual posts posted onto the website by individual users and advertisers is subject to copyright which belongs to us. This means that users have a licence to simply use the website but this does not convey any rights of ownership to you nor any rights to use or display the copyrighted information in any way. Likewise, there is no partnership, joint venture, agency, employment or any other form of relationship between any website user or advertiser and us.
(2) Specifically, all users agree that without our express written agreement specifically for that user, they will not breach any copyright in respect of information, text, images, content, materials, and anything whatsoever supplied to you or available from us. This specifically means you will not copy, reproduce, modify, assign, make derivative works, distribute or in any way publicly display, create Internet "links" to the Service or "frame" or "mirror" the website or any content on any other server or wireless or Internet-based device, reverse engineer, or access the services in any way to build a product using similar ideas, function, or which is in any way similar to the website.
7 OUR LIABILITY DISCLAIMER
(1) To the extent that the law allows we will not be held responsible for any direct or indirect loss, incidental or consequential damage, or loss (economic or otherwise), any punitive or exemplary damages, any loss of reputation or goodwill or business opportunities or contact, however it arises, including out of negligence relating to or in any way connected to any installation, use (unauthorised or otherwise), errors, mistakes, accident, theft or fraud, destruction, or any part of the provision or uses of the website or this user agreement.
(2) In the unlikely event that you have any right, claim or action against any other user or advertiser arising from that user's or advertisers use of the website then you specifically agree to pursue that right, claim or action independently of and without recourse to us.
(3) You specifically release us and any agents and employees from all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with such right, claim or action and agree to completely indemnify us in respect of any such involvement.
8 YOUR INFORMATION AND DATA PROTECTION
(1) You are responsible for ensuring that any information you provide is accurate, correct and up-to-date and in accordance with other clauses of this user agreement. For more information see http://www.thesmartworkcompany.com/pdf/PP.pdf
(2) By registering to use this website you are specifically agreeing to provide your personal details and allow us to collect personal information from you in addition to the non-personal information. Your personal information may include the information you manually enter such as your name, email address, mailing address, telephone number, user name and password etc.
(3) Your information is stored and used in accordance with this agreement, our privacy policy and in accordance with current Data Protection legislation in England and Wales.
9 QUERIES / COMPLAINTS & NOTICES
(1) We aim to respond to any queries within 14 working days.
(2) We operate on a "notice and takedown" basis. If you have any complaints or objections to any content including posts on the website, or if you believe that material, content or posts on this website infringes a copyright that you hold, please contact us immediately at info@thesmartworkcompany.com. Once this procedure has been followed we will make all reasonable endeavours to remove such content within what we deem to be a reasonable time
(3) Any other complaints must be addressed in writing to us at our address as provided within the section headed definitions above.
(4) If any complaint may amount to a breach of any term of these terms and condition then you must allow us at least 30 days to remedy that breach.
(5) Any notices, including notices at clause 9(2) above to which you have not received an acknowledgment within 7 working days, must be in writing to our address as provided within the section headed definitions above using Royal Mail Special Delivery and will be will be deemed to have been received on the 7th day after posting.
10 CANCELLATION & SUSPENSION
(1) Without limiting any other remedies, we may suspend or terminate your use/registration/account at our absolute discretion, either with or without notice, particularly, where we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, breaches of any terms of this user agreement.
(2) We reserve the right to cancel, take-down, delete or otherwise remove any advertisement or any experiences, opinions, statements, recommendations, ratings, and information provided by other users or advertisers or any links to other websites or other information which is made available through the website without giving reason and in our sole and absolute discretion.
(3) If we do not immediately act on any breach you should not assume that we have waived any rights as to enforceability or to seek redress, unless you have our express written agreement.
11 INVALIDITY
Each clause or any part at all of this agreement is to be regarded as independent of the others. This means that should any clause or any part at all of this agreement be found to be unenforceable or invalid it will not affect the enforceability or validity of the rest of this agreement.
12 GENERALLY
(1) These terms and conditions supersede any and all prior representations, understandings and agreements between you and us.
(2) We reserve the right to vary our terms and conditions at any time and such variation takes effect when they are posted on our website
13 JURISDICTION
These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.