SMART ED UK IS THE TRADING NAME OF SMART ACADEMICS
TERMS AND CONDITIONS OF WEBSITE USE
These are Terms of Use (“Terms”) under which you (“You”) may use the SMART ED UK website (“Site”) and the Services (as defined below).
These Terms constitute a binding agreement between You and SMART ED UK and are deemed accepted by You each time that You use or access the Site or the Services.
If You do not accept the Terms stated here, do not use the Sites and the Services. The sites are the websites located at www.smartacademics.co.uk
The Site has a variety of features and services, including support, FAQ’s and course materials, links and references (“Services”) and on-line communities the purpose of which is to facilitate personal networking and the learning experience among users of the Site (“Users”). The Site also allow Users to create individual profiles, which may include personal information (“Profiles”), and to make these Profiles, or parts thereof, public.
SMART ED UK reserves the right to revise these Terms at any time by posting an updated version to this Web page. These revisions will apply to any use of the Site or Services after the date on which they are posted and will post updates to the site.
You must be 16 years of age or older to visit or use the Site, and, if you are under the age of 18, you accept that your use of the site must be under the supervision and permission of a parent, legal guardian, or other responsible adult, who has taken responsibility for payment of fees.
1. Use of SMART ED UK Content
SMART ED UK authorises You, subject to these Terms, to access and use the Site and the SMART ED UK’s Content (as defined below) and to download and print the content available on or from the Site solely for Your personal, non-commercial use. The contents of the Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, SMART ED UK’s “Content”), are protected under copyright, trademark and other laws. All SMART ED UK’s Content is the property of SMART ED UK its licensors. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original SMART ED UK Content on any authorised copy You make of the SMART ED UK Content.
Any code that SMART ED UK creates to generate or display any SMART ED UK Content or the pages making up any SMART ED UK is also protected by SMART ED UK’s copyright and You may not copy or adapt such code subject to applicable law.
Unless expressly granted in these Terms, nothing in these Terms shall be construed as conferring or granting any license or intellectual property rights.
2. The User agrees that they will not:
(1) transmit, post, distribute, store or destroy material, including without limitation material provided by SMART ED UK, in breach of any applicable law or regulation or the Site’s Privacy Policy;
(2) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure including without limitation any attempt to interfere with the Site’s operation through denial of service attacks, crashing, spamming or otherwise overloading the Site;
(3) use any data mining, robots or similar data gathering or extraction methods;
(4) breach the security of the Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
(5) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(6) reverse engineer or decompile any parts of the Site;
(7) aggregate, frame, link, copy or duplicate in any manner any of the Site content or information available from the Site;
(8) create, post, disseminate, transmit or link to any content or material that promotes or endorses:
8.1 vulgar, obscene, pornographic or otherwise objectionable material;
8.2 harassment or discrimination;
8.3 the commission of a criminal offence or activities that may lead to one;
8.4 the breach of any laws;
8.5 false or misleading information;
8.6 the infringement of any parties Intellectual Property Rights;
(9) apply for any course on behalf of another party (without their consent);
(10) share with a third party any login credentials to the Site;
(11) access data not intended for You or logging into a server or account which You are not authorised to access;
(12) post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(13) solicit passwords or personally identifiable information from other Users;
(14) delete or alter any material posted by any other person or entity;
(15) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(16) infringe a third parties copyright;
3. Additional Terms Applicable to Applicants for Courses
When You register with the Site, You will be asked to create an account and provide SMART ED UK with certain information including a valid email address (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person.
You acknowledge, accept and agree that You are solely responsible for the form, content and accuracy of any information you provide whilst registering on the SMART ED UK site and you hold SMART ED UK harmless from any and all damage should you breach this term.
SMART ED UK reserves the right to offer third party services and products to You based on the preferences and information that You disclose in Your registration and at any time thereafter or you have agreed to receive. Please see the Privacy Statement for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your SMART ED UK account or Your account is terminated (including without limitation, the failure to pay any fees due), all Your account information from SMART ED UK including Profiles, course or level of attainment, assessments or any other documents or information provided or generated by you may be marked as deleted in and may be deleted from SMART ED UK databases and may be removed from any public area of the Site.
4. User Content and Submissions
All information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Site or as part of undertaking any Course (“Content”) is your sole responsibility and in submitting, posting or displaying such Content you warrant and represent that you have the necessary rights and permissions to do so and to grant SMART ED UK a non-exclusive worldwide royalty free license to promote, distribute, copy, alter or adapt the Content which by submitting, posting or displaying such Content you do so grant.
SMART ED UK reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
If You post Content in any public area of the Site, You also license any User to access, display, view, store and reproduce such Content for personal use. Any Content that, in SMART ED UK’s judgment, breaches these Terms, breaches any applicable laws, rules or regulations or is abusive, disruptive, offensive or illegal, or breaches the rights of, or harms or threatens the safety of Users of the Site may be removed without notice and the User responsible maybe have their use of the Site and/or Services suspended or terminated.
SMART ED UK reserves the right to expel Users and prevent their further access to the Site and/or use of the Services for breaching the Terms or applicable laws, rules or regulations. SMART ED UK may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for SMART ED UK, damage SMART ED UK’s brand or public image, or cause SMART ED UK to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
SMART ED UK does not represent or guarantee the truthfulness, accuracy, or reliability of Content, or any other communications posted by Users nor does it endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
5. Records
The training provided by SMART ED UK is graded according to skill and difficulty. The training is provided to further develop a Users professionalism and attractiveness to employers although no guarantees or warranties are given by SMART ED UK in this regard. SMART ED UK will not keep a record of your training course and/or qualifications beyond your completion of a course; it is your responsibility to retain this information.
6. Equality and Complaints Policy
The SMART ED UK Equality and Complaints policy covers the principles of diversity & equality for anybody using our products & services & our commitment to dealing with any complaints quickly and efficiently. Our full Equality and Complaints policy can be seen here: Equality and Complaints Policy
7. Smart Ed UK’s Liability
SMART ED UK reserves the right to remove Content or other material from the Site. It does not assume any obligation to do so and to the full extent permitted by law, disclaims any liability for failing to take any such action.
The SMART ED UK Site and the SMART ED UK Content may contain inaccuracies or typographical errors. SMART ED UK makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site or the warranties or the Content. The use of the Site and the SMART ED UK’s Content is at your own risk. No advice or information, whether oral or written, obtained by a User from SMART ED UK or through or from the Site shall create any representation or warranty unless it is expressly stated to do so.
SMART ED UK encourages You to keep a back-up copy of any of Your Content. To the full extent permitted at law, in no event shall SMART ED UK be liable for the deletion, loss, or unauthorised modification of any Content.
SMART ED UK does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site, or any other representation, warranty or guarantee.
If You believe that something on the Site breaches these Terms please contact learn.online@smartacademics.co.uk
If notified of any content or other materials which allegedly do not conform to these Terms, SMART ED UK may in its discretion investigate the allegation and determine whether to remove or request the removal of the content.
8. Disclaimer of Warranty
TO THE FULLEST EXTENT POSSIBLE AT LAW, SMART ED UK DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR-FREE OR ARE FREE OF COMPUTER VIRUSES, TROJANS OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SMART ED UK CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SMART ED UK IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND SMART ED UK CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SMART ED UK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED AT LAW.
9. Disclaimer of Consequential Damages
TO THE FULLEST EXTENT POSSIBLE AT LAW, IN NO EVENT SHALL SMART ED UK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE SMART ED UK CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE.
10. Limitation of Liability
TO THE FULLEST EXTENT POSSIBLE AT LAW, SMART ED UK’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SMART ED UK CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £50.
11. Links to Other Sites
The Site contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement of the contents on such third-party Web sites or an assumption of responsibility for them.
12. Personal Use
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of the Site.
13. Indemnity
You agree to defend, indemnify, and hold harmless SMART ED UK, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other material You provide to the Site, (ii) Your use of any SMART ED UK Content, or (iii) Your breach of these Terms. SMART ED UK shall provide notice to You promptly of any such claim, suit, or proceeding.
14. General
This website is designed for viewing and use within the United Kingdom. Any access outside of the United Kingdom is at your own risk. SMART ED UK takes no responsibility for access outside of the United Kingdom.
These Terms are governed by the laws of England and Wales and subject to the exclusive Jurisdiction of the English courts. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, a failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect SMART ED UK’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement. These Terms constitute the entire agreement between You and SMART ED UK with respect to the use of the Site and Service. Changes to these Terms shall be made by a revised posting on this page.
15. Additional Terms
Certain areas of the Site are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the Additional Terms applicable to such areas [e.g. Google Maps or Search or any other additional area.]
16. Registered Address
SMART ED UK registered office is Smart Academics Trading as Smart Ed UK, High Street, Eston, TS6 9EH