SMARTIFY App: General Terms and Conditions of Use
Please read these terms and conditions of use carefully before using the SMARTIFY mobile application (the “App”) or SMARTIFY website (the “Website”), together the “Services”. By accessing or using the Services or any functionality thereof on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law.
If you do not agree to these Terms and Conditions of Use, please do not access or use the Services or any functionality thereof.
1. Owner and Operator Information
1.1 The Services are owned and operated by SMARTIFY CIC, a company whose registered office is at 12 Frobisher Road, N8 0QS, London, United Kingdom (“SMARTIFY”).
1.2 For the purpose of these Terms and Conditions of Use, any reference to “SMARTIFY”, “we” or “us” may be a reference to the SMARTIFY CIC.
2. User Restrictions and Access
2.1 In order to use certain current or future functionalities of the Services, you may be required to register or sign in as a SMARTIFY user or to create an account.
2.2 Be aware that the use of some of the functionalities of the Services require access to the Internet.
3. Acceptable use
3.1 You may:
(a) access any part of the Services (save that only SMARTIFY registered users will be able to access within the Services); and
(b) print off one copy of any or all of the pages for your own personal non-commercial use.
3.2 You may not:
(a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the Services (including User Generated Content, unless it is your own User Generated Content that you legally post to the Services or associated forum) except as set out under Clause 3.1 above. These restrictions apply in relation to all or part of the Content;
(b) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Services;
(c) link to the Services;
(d) use the Services (or any part of them) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the Services or any operating system;
(e) use the Services in a way which could damage, disable, overburden, impair or compromise SMARTIFY’s systems or security or interfere with other users;
(f) collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running any part of the Services; or
(g) change or delete any ownership notices from materials downloaded or printed from the Services;
(h) circumvent or modify any Services security technology or software,
without SMARTIFY’s express written consent.
3.3 If you wish to provide a hypertext or other link to the Services, please email email@example.com with details of:
(a) the URL(s) of the web page(s) from which you are proposing to link to the Services; and
(b) the URL(s) of the web page(s) on the Services to which you are proposing to link.
3.4 SMARTIFY may, at its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. SMARTIFY has no obligation to agree to any such request or to provide any reason for accepting to rejecting any such request.
4. Mobile Services
Your use of the Services is free but be aware that your carrier’s normal rates apply. The Services contains services and features that are available to certain mobile Devices. By using the Services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we don't send your messages to the person who acquired your old number.
5. User Generated Content
5.1 “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other Services users post or otherwise make available on or through the Services, except to the extent that such content is owned by or licensed to SMARTIFY.
5.2 You are solely responsible for your User Generated Content, your interactions with other users of the Services and your activity on the Services. You agree not to post any content or make any communications which may expose SMARTIFY or any of the Services’ users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.
5.3 You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the Services. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.
5.4 Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to SMARTIFY a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.
5.6 Should any part of the Services offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of SMARTIFY.
5.7 Do not use the Services or any functionality thereof for any commercial purpose.
5.8 Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from the Services.
5.9 Do not provide any false personal information about yourself. You confirm not to create more than one SMARTIFY account, create a SMARTIFY account on behalf of another individual, group or entity, or transfer your profile or account. Do not use or try to use another person's account, username or password.
5.10 SMARTIFY reserves the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.
5.11 SMARTIFY has no obligation to pre-screen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out pre-screening, monitoring, editing or removal of User Generated Content.
6. Your Responsibilities
6.1 You agree that you will indemnify us (this means you will be responsible) for any losses or damage we suffer as a result of the User Generated Content you upload (such as if such content infringes the intellectual property rights of a third party), or by using our Services in a way that violates these Terms and Conditions of Use or applicable laws.
6.2 You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Services. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
7.1 If you choose or are provided with a username, password or any other piece of information as part of SMARTIFY’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the Services under your username and/or password. You are responsible for any actions that take place while using your Services account or while using the Services via your Device and SMARTIFY is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.
8. Intellectual Property Rights (“IPR”)
8.1 All intellectual property contained in or on the Services (except for User Generated Content) is owned by SMARTIFY or its licensors. All content in the Services (except for User Generated Content) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of SMARTIFY or its licensors. SMARTIFY reserves all of its rights in respect of the IPR contained in the Services and in respect of the Content.
8.2 In particular, the Services contains trademarks including, but not limited to, the mark "SMARTIFY" and the SMARTIFY emblem. All trademarks included on the Services are owned by SMARTIFY or its licensors. SMARTIFY reserves all of its rights in respect of the trademarks included on the Services.
8.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by SMARTIFY, SMARTIFY or its licensors.
10. Disclaimer and Liability
10.1 You are responsible for the accuracy of the information that you enter or submit into the Services. While SMARTIFY does its best to ensure that any information provided as part of the Services are correct at the time of inclusion on the Services, SMARTIFY cannot guarantee the accuracy of such information.
10.2 To the fullest extent permitted by law, SMARTIFY disclaims all warranties, express or implied, regarding the operation and use of the Services and any products accessed via the Services. You understand and agree that you use the Services at your own risk and that you are solely responsible for your use and for any damage to the Device through which you access the Services, loss of data or any other harm of any kind which may result from downloading, accessing or using the Services.
10.3 To the fullest extent permitted by law, SMARTIFY shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with any products accessed via the Services, your use of the Services, or for your reliance on any information or advice contained in the Services for:
(a) loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
(b) losses caused by business interruption;
(c) loss of goodwill or reputation;
(d) loss or corruption of data, information or software; or
(e) any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the Services or any materials posted on it,
even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or SMARTIFY.
10.4 Further, SMARTIFY shall not be liable to you or any third party in respect of the refusal to provide fuel, fraud, negligence, act, default or omission or wilful misconduct of:
(a) independent contractors engaged by SMARTIFY, or their employees, contractors or agents; and
(b) any retail site staff or their employees, contractors or agents (including any refusal to provide fuel).
10.5 Nothing in these Terms and Conditions of Use shall limit or exclude SMARTIFY’s liability for death or personal injury caused by SMARTIFY’s negligence or for fraud or fraudulent misrepresentation.
11. External websites and applications
11.1 The Services may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to the Services) or in some cases it may appear within the frame of the Services (in which case you will be able to return to the Services by using the navigation buttons within the frame or the Services). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. SMARTIFY is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which the Services includes a link infringes the intellectual property rights of any third party).
12. Changes to/operation of the Services
12.1 SMARTIFY may change the format and content of all or any part of the Services at any time, including but not limited to removal of features or functionalities in the Services.
12.2 SMARTIFY may suspend the operation of the Services, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.
12.3 Updates to the Services may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the Services until you have downloaded the latest version of the Services and accepted any new terms.
13. Transfer of Rights
13.1 SMARTIFY may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of SMARTIFY. Any such transfer will not affect your rights or SMARTIFY’s obligations under these Terms and Conditions of Use.
14. Complaints Procedure
14.1 If you have a question or complaint about the Services, please email firstname.lastname@example.org.
15.1 Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.
16.1 SMARTIFY reserves the right in its sole discretion to terminate your account and/or access to the Services or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the Services at any time, for any or no reason, without notice and without liability to you or anyone else. SMARTIFY also reserves the right to prevent access to the Services or any of its functionalities or features.
16.2 After any line of action subject to Clause 16.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.
16.3 You understand and agree that some of your User Generated Content may continue to appear on or through the Services or may persist in backup copies for a reasonable period of time even after your account and/or access to the Services is terminated.
16.4 These Terms and Conditions of Use remain in effect after your account and/or access to the Services is terminated.
17. Changes to these Terms and Conditions of Use
SMARTIFY may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the Services. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the Services. Any use of the Services thereafter will be on the basis of those revised Terms and Conditions of Use. Please do not use the Services if you do not agree to the terms of our revised Terms and Conditions of Use.
Please note that these Terms and Conditions of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.