Terms & Conditions

 

1             INTRODUCTION

1.1         Welcome to Smartr365 which is provided to you by Smartr365 Finance Limited (“Smartr365”, “us”, “we” or “our”). Our registered office is at 1 Queen Caroline Street, Hammersmith, London, United Kingdom, W6 9YN.  Our registered number is 10487227.

1.2         Please read these Terms of Use (“Terms”) carefully. They set out the basis on which you are allowed to access and use the Smartr365 platform and its APIs (the “Platform”). These Terms apply to all users who are given access to the Platform, including employees and contractors of brokers or other service providers, clients of brokers or other service providers.

1.3         In addition to these Terms, your use of the Platform may also be subject to other terms and conditions and policies which are referred to below.

BY ACCESSING THE PLATFORM YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE CEASE USING THE PLATFORM.

2             ACCEPTANCE OF OUR TERMS

2.1         Please read these Terms carefully. In order to use the Platform, you must agree to be bound by these Terms. By using the Platform, you agree to accept and comply with these Terms.  If you do not agree to accept these Terms, you must not use the Platform.

2.2         We recommend you review these Terms each time that you use the Platform and print a copy of them for your future reference.

3             SMARTR365’S RIGHT TO AMEND THESE TERMS

3.1         Smartr365 reserves the right to change these Terms at any time, including in relation to the way in which the Platform works or may be accessed, our arrangements with third parties, and to achieve compliance with laws and/or regulations.

3.2         If Smartr365 changes the Terms, we will take steps to make clear the revised date of the new Terms. We may also communicate changes to you or your broker/service provider/employer (as applicable) by email. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the revised Terms, please do not use the Platform.

4             USING THE PLATFORM

We reserve the right to suspend the Platform.  We shall try to provide reasonable notice of our intention to suspend the Platform but may not always be able to do so. You are responsible for making all arrangements necessary to access our Platform. You are also responsible for ensuring that all authorised persons accessing our Platform through your internet connection are aware of these Terms.

5             AVAILABILITY OF THE SERVICE

5.1         We strive hard to make available a Platform that is helpful, easy to use and secure.  However, you acknowledge that we cannot guarantee that the Platform will:

(a)          always stay the same or perform entirely as expected;

(b)          perform as be compatible with the any hardware, software or data format that you may use;

(c)           be available all of the time (we might need to suspend the Platform for technical or commercial reasons);

(d)          be entirely accurate, complete or up-to-date (as, for example, we rely on various third parties); or

(e)          be entirely error-free or free of viruses, electronic bugs, Trojan horses or other harmful components (“Viruses”) and you agree to take your own precautions accordingly, although we take reasonable steps to minimise the risk of Viruses being introduced to the Platform.

5.2         You also acknowledge that, without prejudice to our legal obligations, while we take reasonable steps to ensure that data shared or submitted via the Platform is secure we cannot guarantee the security of our Platform.

5.3         You must not:

(a)          interfere with, or disrupt, the Platform or any servers or networks connected to the Platform, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Platform is rendered or displayed in a user’s browser or device;

(b)          access the Platform via a means not authorised in writing in advance by Smartr365, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);

(c)           attempt to restrict another user of the Platform from using or enjoying the Platform and you must not encourage or facilitate the breach of these Terms by others;

(d)          use the Platform for any illegal or unauthorised purpose; or

(e)          change or alter the Platform or change, modify or alter another website so as to inaccurately imply an association with the Platform or with Smartr365.

6             YOUR PRIVACY

6.1         Our privacy policy (available here) explains how we process any personal data that is shared with us via the Platform.

6.2         Please also refer to your broker’s/service provider’s/employer’s privacy policy to understand how the data that you share with them is processed.

7             REGISTRATION, USER ACCOUNT, PASSWORD AND SECURITY

7.1         Registration and use of the Platform – By registering and using the Platform, you represent that:

(a)          you are at least 18 years old; and

(b)          you have provided accurate and truthful information during the registration process.

7.2         Password Security – In order to use parts of the Platform, you will be required to open an account and you will be required to complete the registration process by providing certain information and registering a username and password for your use of the Platform.

7.3         You are responsible for maintaining the confidentiality of the username and password. We will be entitled to assume that any person logging into the Platform or using the Platform using your username and password is either you or someone doing so with your permission. You are responsible for any use of the Platform under your username and password, including all financial charges and liability. We recommend that you change your password from time to time to assist with security.

7.4         Unauthorised Access – If you believe someone has accessed the Platform using your username and password without your authorisation, it is your responsibility to set up a new password.  You must immediately notify us of any unauthorised use of your password or username or any other breach of security (including where you may have disclosed or lost your username and/or password).

8             CONTENT AVAILABLE THROUGH THE SERVICE

8.1         Access – Your access to any information, data, images, photographs, videos and other content displayed on the Platform (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms.

8.2         Restriction on use – You must not:

(a)          use, or cause others to use, any automated system or software to extract Content from the Platform except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; and

(b)          use the Content for any illegal or unauthorised purpose.

9             INTELLECTUAL PROPERTY IN OUR PLATFORM AND THE CONTENT

9.1         As between us and you, we own and shall continue to own all intellectual property rights in the Platform and in all Content.

9.2         The design of the Platform and all software contained within the Platform and the Content are protected by copyright, trade marks and other intellectual property rights and laws. Neither the design of the Platform nor the Content may be copied, made available, stored, sold or distributed without the prior written consent of Smartr365.

10           TERMINATION

We have the right to suspend or terminate your access to the Platform (or any part of it) at any time, without notice, for any reason, including for actual or suspected breach of these Terms. We may also at any time, at our sole discretion, discontinue the Platform or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Platform.

11           WARRANTIES AND LIMITATION ON LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO SMARTR365:

Warranties

11.1       Smartr365 agrees to make available the Platform with reasonable skill and care. Other than the express warranty in this clause, the Platform is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. All other terms and conditions relating to the Platform (whether by implied by state, custom, course of dealing or otherwise) are hereby excluded to the fullest extent permitted by law.

Our liability to you

11.2       Smartr365 will not be liable for any:

(a)          incorrect or incomplete information provided to us by third parties;

(b)          loss of anticipated saving;

(c)           loss of profit or revenue;

(d)          damage to goodwill; or

(e)          any indirect, exemplary or special loss.

11.3       In the absence of any breach of contract by us, the use by you of the Platform is entirely at your risk. We do not guarantee the suitability of the Platform for you – you must check that it is appropriate for your needs, especially before your personal information is shared via the Platform.

11.4       Nothing in these Terms shall affect your statutory rights to which you may be entitled, if using the Platform in your capacity as a consumer.

11.5       Our maximum aggregate liability to you in connection with your use or attempted use of the Platform, however arising, whether in contract, tort (including negligence) or otherwise  will be £250.

11.6       Nothing in these Terms shall have the effect of excluding or limiting Smartr365’s liability for fraud or for death or personal injury caused by our negligence.

12           LINKS TO THIRD PARTY WEBSITES AND PLATFORMS

The Platform may include links to third party websites and platforms that are controlled and maintained by others. Any link to other websites or platforms is not an endorsement of such websites and you acknowledge and agree that Smartr365 is not responsible for the content or availability of any such websites or platforms. We recommend you review those websites and platforms’ terms and conditions and privacy policies to ensure you are happy to use them.

13           GOVERNING LAW

These Terms and the use of the Platform generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England.

14           NOTICE

All notices given by you to us must be given to Smartr365 at 1 Queen Caroline Street, London W6 9YN or via e-mail at info@smartr365.com.

We will give notice to you via the Platform or using the contact information you provided to us as part of your registration.

Notice will be deemed received and properly served immediately when posted to the Platform, 24 hours after an e-mail is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to, and received by, the e-mail address provided by the addressee.

15           QUESTIONS, SUGGESTIONS OR COMPLAINTS?

15.1       If you have any questions, suggestions or complaints regarding the Platform, or these Terms, please contact us by sending an e-mail to info@smartr365.com.