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Terms and Conditions of Use

 Terms and Conditions of Use

 Introduction

This website is owned and managed by Smart Ed UK; the Smart Academics name and logo is a registered trademark brand, owned and utilised by Smart Ed UK.

Defintions 

´The Company´/´We´ means Smart Ed UK. ´Customer´/´You´ means the Customer of Smart Ed UK. ´Services´ means services provided by the Company through third party providers either under the direct or indirect control of the Company. ´Web site´ means a web site and all associated files, not limited to source code, scripts and database information. ´Him´ or ´his´ is a generic reference to the Customer and neither means nor implies gender-specificity.

Security

The Company reserves the right to suspend or cancel a Customer´s access to any or all services - provided that the Company considers that the account has been inappropriately or illegally used. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.

The Company has zero tolerance for Unsolicited Commercial Email (UCE). Customers are prohibited in anyway whatsoever from using UCE as a means of advertising data or services to distribute such materials.

Customers may not use the Company´s services to attempt to circumvent user authentication or security of any host, network, or account. The Company will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.


Terms of Service


The Company provides online tuition by virtual classroom via a third party leaning platform, accessed by email services from its web hosting provider related services. Smart Ed UK is a participant in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.co.uk


Terms of Use


The terms of use of this website governs your use of our site; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.


If you use our website or register to attend an online lesson / use the virtual classroom, we will ask you to expressly acknowledge and agree to these terms of use.

(1) Licence to use website, brand name or logo

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages [or [other content]] from the website for your own personal use only, subject to the restrictions set out below and elsewhere in these terms of use.


You must not - without specific purchase of a licence to do so:

(a)republish material from this website (including republication on another website);
(b)sell, rent or sub-license material from the website;
(c)show any material from the website in public;
[(d)reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose . This includes the use of our trademark brand name and/or logo;
[(e)edit or otherwise modify any material on the website; or
[(f)redistribute material from this website.

(2) Payment of Fees

Fees for the use of the online courses and each online session, are due and payable on demand. They are non-refundable if a user cancels or fails to attend  an online session or is barred from a session because of disruptiveness.

Licensees of the company brand name or logo, agree to pay all charges in relation to service rendered. These Customers are responsible for keeping his billing data with the Company up-to-date and accurate. Furnishing incomplete information will result in an e-mailed request to complete it, and failure to comply with the request will result in account suspension until completion.

Furnishing false data on any contract or application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

 (3)Acceptable use

You accept that:
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.


You must not use your smartacademics email address to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.


You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website.


You must not use your smartacademics email address to transmit or send unsolicited commercial communications.
You must not use your smartacademics email address for any purposes related to marketing.


The Customer agrees that:

He shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against the Company, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed, including online teaching and learning via courses or the virtual classroom.
The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of:

i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Company´s server or products.
ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
iii) copyright infringement, and any defective products sold to Customer from the Company´s server.

 (4) Restricted access.

Access to certain areas of our website is restricted.] We reserve the right to restrict access to [other] areas of our website, or indeed our whole website, at our discretion.
Your user ID and password enable you to access restricted areas of our website or other content or services. Therefore you must ensure that that user ID and password is kept confidential.

You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person´s user ID and password to access our website, unless you have that person´s express permission to do so. 

We may disable your user ID and password in our sole discretion without notice or explanation.

 (5)User generated content

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for participation in interactive/virtual lessons.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You warrant and represent that your user content will comply with these terms of use.

Your user content must not be illegal or unlawful, must not infringe any third party´s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your user content (and its publication on our website) must not:

(a)be libellous or maliciously false;
(b)be obscene or indecent;
(c)infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d)infringe any right of confidence, right of privacy, or right under data protection legislation;
(e)constitute negligent advice or contain any negligent statement;
(f)constitute an incitement to commit a crime;
(g)be in contempt of any court, or in breach of any court order;
(h)be in breach of racial or religious hatred or discrimination legislation;
(i)be blasphemous ;
(j)be in breach of official secrets legislation;
(k)be in breach of any contractual obligation owed to any person;
[(l)depict violence [in an explicit, graphic or gratuitous manner];
[(m)be pornographic or sexually explicit;
[(n)be untrue, false, inaccurate or misleading;
[(o)consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
[(p)constitute spam;
[(q)be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, malicious, discriminatory or inflammatory; or
[(r)cause annoyance, inconvenience or needless anxiety to any person.

Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use your smartacademics email address to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to regularly monitor the submission of such content to, or the publication of such content on, our website, but random checks wil occur.

 (6)Limited warranties

You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

 (7)Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

 (8)Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use[, or arising out of any claim that you have breached any provision of these terms of use].

 (9)Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

(a)send you one formal warning (verbal or in writing);
(b)immediately remove your access to the virtual classroom - without refund of payment.
(c)permanently prohibit you from accessing the website;
(d)block computers using your IP address from accessing the website;
(e)contact your internet services provider and request that they block your access to the website;
(f)bring court proceedings against you for breach of contract or otherwise;
(g)suspend and/or delete your account with the website; and/or
(h)delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 (10)Third party websites and hyperlinks

Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
[You may add hyperlinks direct at our website to your own website without our specific permission, providing that:
(a)such hyperlinks; and
(b)your website,
[comply with the linking guidelines published on our website from time to time, and ]do not contain or include or link to any materials that would, if published on our website, breach these terms of use.]

 (11)Trade marks

Smart Academics UK and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

(12)Competitions

From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).]

(13)Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

(14)Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

(15)Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(16)Exclusion of third party rights

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

(17)Entire agreement

These terms of use together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

(18)Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(19)Registrations and authorisations

We are registered with The National Business Register. You can find the online version of the register at http://www.start.biz/home.htm Our registration number is 226211

(20) Our details

The full name of our company is Smart Academics T/a Smart Ed UK
We are registered in England & Wales. Our registered address is South Drive, Marton-in- Cleveland, TS7 0AD
You can contact us by email on the contact us page of the site.


GENERAL NOTICE

Any rights not expressly granted in these notices are reserved by Smart Academics. All aspects of this website are subject to change without notice. This website’s contents and features are protected by laws in which you cannot copy, imitate, or extract material. You may not copy or retransmit any logo, graphic, sound, or image from this website without written permission from Smart Academics. There is no warranty on all the as is documents and related graphics on this website. Smart Academics and/or supporting suppliers, partners hereby disclaim all warranties with regard to this information, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Smart Academics does not take responsibility or pledge free of computer viruses or other such elements on this website or on our servers. Smart Academics and/or supporting suppliers, partners will in no event be liable for any indirect, special, consequential damages, or any damages whatsoever resulting from client’s loss of data, usability, or profits due to negligence or other action performed during use of this website and its information whether being connected on the line or not. Typical errors or technical inaccuracies may occur in the documents and graphics found on this website, but changes, improvements in the information are periodically made at any time by Smart Academics and/or supporting suppliers and partners.

SOFTWARE NOTICE


Software is only available for use by end users according to the License Agreement. Any reproduction or redistribution of the software which is not in accordance with the License Agreement is prohibited by law, and may result in severe civil and criminal penalties. You own the medium on which the software is used. Smart Academics does not transfer the title of the software to you nor the intellectual property rights. Smart Academics and/or supporting suppliers, partners will retain all of the intellectual property rights and the complete title to the software. You may not at any time sell, redistribute, decompile, reverse engineer, disassemble, or do any other humanly perceivable possible form. Redistribution, reproduction, copying of the software is strictly prohibited. The software is pledged to be free of viruses and other such elements if used correctly according to the end user’s license agreement. Except as warranted in the license agreement, Smart Academics hereby disclaims all warranties with regard to the software, including any implied warranties of non-infringement. When software is used, Smart Academics will not pledge that software will be uninterrupted or free of errors and of viruses or other such elements.

THIRD PARTY LINK NOTICE

Smart Academics is not responsible for the contents of any linked site or any link that is contained on a linked site or endorse any. Links on the website are provided to you as a convenience only and some upon clicking on the links may lead you to another website, thus leaving Smart Academics´s website.

TRADEMARK NOTICE

Product and company names mentioned in this website are the trademarks of their respective owners. The names of companies, products, people, characters and/or data mentioned in this website and demo software are fictitious and, unless otherwise noted, are in no way intended to represent any real individual, company, product, or event.

LABEL

This site, including any content or information contained within it or any site related service, is provided as is and as available and without warranties or conditions of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You acknowledge that your use of the site is at your own risk. To the fullest extent permitted by applicable law, under no circumstances shall Smart Ed UK, Smart Academics, smartacademics.co.uk, be liable for any direct, indirect, incidental, special or consequential damages whatsoever, arising out of or in any way connected with the use; registration to use or performance of this site; with the delay or inability to use this site; the provision of or failure to provide any services; or through this site or otherwise circulating the use of this site; whether based on contract, strict liability or otherwise, even if Smart Ed UK, SmartAcademics, smartacademics.co.uk has been advised of the possibility of such damages.

 

Appendix

 A.  SAFEGUARDING CHILDREN aged 10 - 16+ on this site.

i In as much as users accept that Smart Ed UK will not be liable in respect of any losses arising out of any event or events beyond our reasonable control, it is entirely the responsibility of parents and carers to ensure that children and young people are safe when using the courses portal on this website, ensuring that before use, each child user has read and understood the following Smart Academics site safety tips and regulations:


ii Never give out your password to anyone, even your best friends.

ii Do not stay in a chat /classroom if anyone says anything that makes you feel uncomfortable or worried and tell a parent/carer if you see such material.


iii Always tell an adult if you receive a message that is scary, threatening or rude, do not respond and log off.


iv If you wish to meet someone you have met in cyberspace, ask a parent/carer´s permission and then only when they can be present.


v Always be yourself and do not pretend to be anyone or anything you are not.


vi Never open attachments to emails which come from people or sources you do not know. They may contain viruses and damage your computer.


vii Learn your ´netiquette´. Widely accepted rules of behaviour include some of the following:
eg. Typing in CAPITAL LETTERS looks like you are shouting so use asterisks for emphasis.


viii Be aware that people online may not be what they seem, adults can pretend to be children with similar interests to yourself.


ix Be polite when entering a chat/classroom room; check out what people are talking about before participating.


Site admin reserves the right to terminate your account if you do not comply with the above regulations!

Enjoy your time on the internet but do not forget about all the other things you can do:

- share time with your family
- read a good book
- play with your friends
- participate in sport



B. DISCLAIMER

Smart Ed UK will not be responsible for any damages or for other financial losses resulting from services provided by them or their third party suppliers. The Company makes no warranties of any kind, expressed or implied for services provided. The Company disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of business or data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by the Company and its employees. The Company´s financial liability is restricted to the price paid for the service provided. The Company reserves the right to revise its policies at any time, and to revise these terms and conditions at any time without notice.