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Terms and Conditions
 
 

SMARTBOSS TERMS OF USE

These terms of use (“terms”) set out the terms between you and us under which you may access our website and use any services provided by us through our website. These terms apply to all users of, and visitors to, our site and services.

Your use of our site or services means that you accept, and agree to abide by these terms and anys other policies terms or conditions which supplement these terms.

INFORMATION ABOUT US

www.smartboss.co.uk is a site operated by Dungannon Enterprise Centre ("We").

 

We are registered in Northern Ireland under company number 18557 and have our registered office at;

Dungannon Enterprise Centre

2 Coalisland Road

Dungannon

Co. Tyrone

BT71 6JT

Northern Ireland

 

Our main trading address is;

Dungannon Enterprise Centre

2 Coalisland Road

Dungannon

Co. Tyrone

BT71 6JT

Northern Ireland

 

Our VAT number is 517 6930 30

Prohibited uses

You may use our site and the services only for lawful purposes. You may not use our site or services:

  • In any way that breaches any applicable local, national or international law or regulation.

  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of our terms.

  • Not to access without authority, interfere with, damage or disrupt:

    • any part of our site or services;

    • any equipment or network on which our site or services is stored;

    • any software used in the provision of our site or services;

    • any equipment or network or software owned or used by any third party.

Content standards

These content standards apply to any and all material which you contribute to our site or services.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).

  • Be genuinely held (where they state opinions).

  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.

  • Contain any material which is obscene, offensive, hateful or inflammatory.

  • Promote sexually explicit material.

  • Promote violence.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any copyright, database right or trade mark.

  • Be likely to deceive any person.

  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Promote any illegal activity.

  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

  • Give the impression that they emanate from us, if this is not the case.

  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Payment Terms

A joining fee and a subscription fee for the use of services is payable in advance by the user of the services. The subscription fee rates for any services are posted on our website and we may vary these from time to time. We shall be under no obligation to provide any service were the subscription fee has not been paid on time. Services may be suspended where there subscription fee has not been paid, and we reserve the right to terminate any service where the subscription fee is overdue by 7 days.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms through your use of our site or services. When a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms constitutes a material breach of the terms of use upon which you are permitted to use our site or services, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site or services.

  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site or in connection with the services.

  • Issue of a warning to you.

  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

  • Further legal action against you.

  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

We also reserve the right to cease providing any service by giving one months notice.

 

Changes to these Terms

We may revise these terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. [Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our site.]

 

Accessing our site and services

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your Internet connection or account are aware of these terms, and that they comply with them.

If we accept an application from you for services this will be confirmed by email, and maybe subject to such conditions precedent we consider reasonable such as steps to be taken to verify your identity. If we cannot adequately confirm your identity then we reserve the right to refuse you access to the services. We also reserve the right, at our discretion, not to accept an application without being obliged to provide any reason for not accepting the application.

Intellectual property rights

In order to provide the site and the services we may have sub licensed third party intellectual rights, with the exception of the foregoing we are the owner of all intellectual property rights in our site and our services and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You shall obtain no ownership rights in the services or any intellectual rights arising out of these terms. You shall however retain any rights you may have in relation to any data that is uploaded during the course of the use of the services. We reserve the right to disclose any data to law enforcement officials.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site and in connection with the services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents. You accept that this is reasonable given that the services are only there to provide a conduit for mentoring to be provided, and that such mentoring does not constitute advice by us.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

  • wasted management or office time; and

  • For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Our liability shall not exceed an amount equal to the subscription fees paid to us in the previous month.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud, nor any other liability which cannot be excluded or limited under applicable law.

Your Liability

In using our services you will be held liable for any reasonable costs and expenses incurred by us as a result of the breach of these terms.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy

By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Transactions concluded through our site

Contracts for the supply of goods and services or information formed through our site or as a result of visits made by you are governed by our terms and conditions supply

 

 

Viruses, hacking and other offenses

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of material on our site other than that set out above, please address your request to;

Smartboss

Dungannon Enterprise Centre

2 Coalisland Road

Dungannon

Co. Tyrone

BT71 6JT

Northern Ireland

 

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Other Miscellaneous terms

These terms constitute the whole agreement between us and supersedes all or any previous agreements between us in relation to this site or any of the services.

If you decide to leave Smartboss you are able to extract your information into CSV files, we will not however be responsible for setting you up onto a new system.

We shall be entitled to transfer any of our rights and obligations under these terms to any other party without your consent. You shall not be entitled to transfer any of your rights and obligations under these terms without our prior written consent.

 

If any provision of these terms is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent.

 

If we fail at any time to insist upon strict performance of any of your obligations under these terms or we fail to exercise any of our rights and remedies under these terms this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

Jurisdiction and applicable law

The Northern Ireland courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site or the services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use 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) shall be governed by and construed in accordance with the law of Northern Ireland.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site or services, please contact info@smartboss.co.uk.