Terms and Conditions
Please read these terms and conditions (“terms and conditions”, “terms”) carefully before using https://thesmartfund.co.uk website (“website”, “service”) operated by the Smart Fund (“us”, ‘we”, “our”).
Conditions of use
By using this website, you certify that you have read and reviewed this agreement and that you agree to comply with its terms. If you do not agree to the terms of this agreement, you must not use our website. We only grant use and access of this website, its products, and its services to those who have accepted its terms.
Privacy policy
Before you continue using our website, we advise you to read our privacy policy (here) regarding our collection of user data.
Changes to these terms
We may amend these terms from time to time. Please check this page routinely to take notice of any changes we make to ensure you understand the terms that apply at that time. This Agreement is an understanding between us and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
Changes to our website
We may update the website from time to time and may change the content without notice. However, please note that any of the content on the website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the website, or any content on it, will be free from errors or omissions.
Accessing the Website
The website is made available free of charge.
Every effort is made to keep the website running smoothly. However, we do not guarantee that the website, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason the website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the website.
You are also responsible for ensuring that all persons/employees who access the website through your internet connection or an internet connection provided by you are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
Intellectual property
You agree that all materials, products, and services provided on this website are the property of the Smart Fund, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property.
You may print off one copy, and may download extracts, of any page(s) from the website and you may draw the attention of others within your organisation to content posted on the website.
You must not modify the paper or digital copies of any materials that you have printed off or downloaded in any way.
The status of Smart Fund (and that of any identified contributors) as the authors of content on the website must always be acknowledged.
Any storage, redistribution (including electronically) or reproduction of part or all of the contents of the website in any form is prohibited subject to the express provisions of these terms and conditions or unless we have given prior written permission for such use. For the avoidance of doubt, the use of web copier software to reproduce elements of the website is prohibited. Circumvention of TPM (Technological Prevention Measures) and stripping of metadata is strictly prohibited.
If you print, copy or download any part of the website in breach of these terms and conditions, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.
If you believe that any image available on the website infringes your or any third party intellectual property rights, please contact us immediately by email to: info@thesmartfund.co.uk
Content Uploaded by You
You grant us a worldwide, royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish in connection with the service provided by the website and across different media.
For issues regarding intellectual property claims, you should email us at: info@smartfund.co.uk
User accounts
As a user of this website, you may be asked to register with us and provide personal information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, you must inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content and refuse to deliver services at our sole discretion.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained in the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk
Viruses
We do not guarantee that the website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access the website. You should use your own virus protection software.
You must not misuse the website 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 the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website 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. Smartfund will report any such breach to the relevant law enforcement authorities and Smartfund will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
Linking to the Website
You may link to the website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Smart Fund where none exists.
You must not establish a link to this website in any other website that is not owned or controlled by you.
This website must not be framed on any other website, nor may you create a link to any part of the website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on the website other than that set out above, please contact: info@smartfund.co.uk.
Third party links and resources in the Website
Through this website you are able to link to other websites and resources provided by third parties, which are not under our control. These links are provided for your information only.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Smartfund does not claim any responsibility for any external websites to which it may link.
We have no control over the nature, content and availability of those websites or resources.
Indemnification
You agree to indemnify us and our affiliates and hold us harmless against legal claims and demands that may arise from your use or misuse of our services.
Limitation on liability
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the website; or
- use of or reliance on any content displayed on the website.
As a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any indirect or consequential loss or damage; or
- any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Website.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to or from it.
We assume no responsibility for the content of websites linked to from the website. Such links should not be interpreted as our endorsement of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Applicable law
By visiting this website, you agree that these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.