Terms And Conditions of Use

These Terms and Conditions of Use govern our relationship with all SmartSession Users and others who interact with SmartSession.

Access to the SmartSession Website and the use of information on the SmartSession website is subject to these Terms and Conditions of Use. You should carefully read these Terms and Conditions of Use. By proceeding further, using or accessing SmartSession you will be deemed to have accepted them. By accessing, viewing, downloading or otherwise using SmartSession or any webpage or feature available through SmartSession, any information provided as part of the SmartSession services, or any related emails, newsletters or services (hereinafter collectively "SmartSession" or the "Services"), or by clicking "Register with SmartSession" during the registration process, you conclude a legally binding agreement with SmartSession Ltd, 5-7 Cranwood Street, London, EC1V 9EE, UK ("SmartSession") based on the Terms and Conditions of Use of this SmartSession User Agreement ("Agreement") and become a SmartSession User ("User").

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use SmartSession to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. You should read the SmartSession Terms and Conditions of Use in conjunction with the SmartSession Privacy Policy.

 
DEFINITIONS
1.
By "SmartSession" we mean the platform, platform features, services and search facilities we make available, including through (a) the SmartSession website at www.SmartSession.com and any other SmartSession branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software, devices, or networks now existing or later developed.
2.
By "Us," "We", "Our" and "Ours" we mean SmartSession Ltd. A company incorporated in England with registered company number 7679644 with registered offices at 5-7 Cranwood Street, London, EC1V 9EE, UK, our employees, directors and shareholders.
3.
By "Platform" we mean the SmartSession Platform and a set of APIs and services that enable applications, developers, operators or services, including RSS feeds, to retrieve data from SmartSession or provide data to us.
4.
By "Information" we mean facts and other information about you, including actions you take.
5.
By "Content" we mean anything you post on SmartSession that would not be included in the definition of "information."
6.
By "Data" we mean content and information that third parties can retrieve from SmartSession or provide to SmartSession.
7.
By "Post" we mean post on SmartSession or otherwise make available to us (such as by using an application).
8.
By "Use" we mean use, access, view, download, upload, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
9.
By "Users" we mean a User(s) who is/are not registered with the SmartSession Platform and we mean a User(s) who is/are registered with the SmartSession Platform.
10.
By "Application" we mean any application or website that uses or accesses the SmartSession Platform, as well as anything else that receives data.
11.
By "Services" we mean any procedure or service that is provided to Users including, but not limited to: searching for User Profiles on the SmartSession Platform and advertising updates and services along with SmartSession products, SmartSession software, SmartSession services. These may be provided through telephone, email and the SmartSession website.
12.
By "Expressing Interest" or "Expressed Interest" we mean contacting, quoting or messaging a User via Our Service.
 
ACCESSIBILITY AND AVAILABILITY OF ALL USER CONTENT AND INFORMATION
13.
We collect information in relation to Users. The information that we collect facilitates the purpose of the SmartSession Platform. Users may not be required to register with the SmartSession Platform to access information on the SmartSession Platform and as such SmartSession may not have any control over how Users use the information. In order to create a User Profile on the SmartSession Platform Users are required to register with the SmartSession Platform.
14.
When you add an application and use the SmartSession Platform, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
15.
When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
 
REGISTRATION AND ACCOUNT SECURITY
 
SmartSession Users provide their real names and information in order to facilitate the purpose of the SmartSession Platform. Here are some commitments you make to us relating to registering and maintaining the security of your account:
16.
You will not provide any false personal information on the SmartSession Platform, or create an account for anyone other than yourself without permission;
17.
You will not use the SmartSession Platform if you are under the age of 16;
18.
You will not use the SmartSession Platform if you are a convicted sex offender or have failed a CRB check at any time in the past;
19.
You will keep your User Profile details accurate and up-to-date;
20.
You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account;
21.
You will not transfer your account to anyone without first getting our written permission;
22.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name);
23.
You are not a direct competitor of SmartSession;
24.
No User may copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by SmartSession or its Users for the purpose of selling, engaging in, marketing or promoting any other product or service. Illegal and/or unauthorised uses of the Website, including collecting usernames, email addresses or other personally identifiable information of registered Users by electronic or other means for the purpose of sending unsolicited email, unauthorised framing of or linking to the Website or any other use not expressly permitted in this Agreement, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress. In addition to the above restrictions, you may not authorise, enable or otherwise grant to any other person, organisation, company or business access to your SmartSession User Profile or other content uploaded on the Website for the purpose of extracting such information or other content;
25.
Each individual User Profile includes personal information about the User.
 
YOUR RELATIONSHIP WITH SMARTSESSION
26.
Your use of SmartSession products, SmartSession software, SmartSession services and the SmartSession website (referred to collectively as the "Services" in this document and excluding any services provided to you by SmartSession under a separate written agreement) is subject to the terms of a legal agreement between you and SmartSession. "SmartSession" means SmartSession Ltd, registered offices at 5-7 Cranwood Street, London, EC1V 9EE, UK.
27.
Accepting the Terms and Conditions of Use In order to use the SmartSession Platform and use the SmartSession Services, you must firstly agree to these Terms and Conditions of Use. You may not use the Services if you do not accept these Terms and Conditions of Use.
28.
You can accept the Terms and Conditions of Use by:
28.1.
clicking to accept or agree to the Terms and Conditions of Use, where this option is made available to you by SmartSession in the User interface for any Service; or
28.2.
by actually using the Services. In this case, you understand and agree that SmartSession will treat your use of the Services as acceptance of the Terms and Conditions of Use from that point onwards;
29.
You may not use the Services and may not accept the Terms and Conditions of Use if (a) you are not of legal age to form a binding contract with SmartSession, or (b) you are a person barred from receiving the Services under the laws of England or other countries including the country in which you are resident or from which you use the Services, or (c) if you are not 14 years or older;
30.
Before you continue, you should print off or save a local copy of the Terms and Conditions of Use for your records;
31.
SmartSession is constantly innovating in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Services which SmartSession provides may change from time to time without prior notice to you;
32.
As part of this continuing innovation, you acknowledge and agree that SmartSession may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally at SmartSession's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SmartSession when you stop using the Services;
33.
You acknowledge and agree that if SmartSession disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account;
34.
You acknowledge and agree that while SmartSession may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by SmartSession at any time, at SmartSession's discretion.
 
USE OF THE SERVICES BY YOU
35.
All Users may have access to all SmartSession User Profiles. Users may not be required to register with SmartSession to access the information that is posted to the SmartSession website. In certain instances Users have the option to register with SmartSession. All Users agree that any registration information you give to SmartSession will always be accurate, correct and up to date.
36.
You agree to use the SmartSession Platform only for purposes that are permitted by (a) the Terms and Conditions of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from England or other relevant countries).
37.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SmartSession.
38.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
39.
You agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the information on the SmartSession Platform for any purpose.
40.
You agree that you are solely responsible for (and that SmartSession has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions of Use and for the consequences (including any loss or damage which SmartSession may suffer) of any such breach.
41.
You agree that you will not send or otherwise post unauthorised commercial communications (such as spam) on the SmartSession Platform.
42.
You will not collect Users' content or information, or otherwise access the SmartSession Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
43.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the SmartSession Platform.
44.
You will not upload viruses or other malicious code.
45.
You will not solicit login information or access an account belonging to someone else.
46.
You will not bully, intimidate, or harass any User.
47.
You will not post content that is hateful, libellous, slanderous, defaming, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
48.
You will not develop or operate a third party application containing or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions and without our prior written consent. If we consent, you take full responsibility for the application, and will follow our Guidelines and all applicable laws.
49.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on SmartSession without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
50.
You will not use the SmartSession Platform to do anything unlawful, misleading, malicious, or discriminatory.
51.
You will not do anything that could disable, overburden, or impair the proper working of the SmartSession Platform, such as a denial of service attack.
52.
You will not facilitate or encourage any violations of this Statement
 
YOUR PASSWORDS AND ACCOUNT SECURITY
53.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your User account registration to use to access your User Profile.
54.
Accordingly, you agree that you will be solely responsible to SmartSession for all activities that occur under your account.
55.
If you become aware of any unauthorised use of your password or of your account, you agree to notify SmartSession immediately.
56.
Login details – SmartSession will store the User's access details so that when a registered User logs in and accesses the SmartSession Platform SmartSession may offer the User the option to sync their contacts. SmartSession will ask the User to consent to having their contacts synched. If you do not wish to have your contacts synched please unselect the synch button.
57.
SmartSession reserves the right to remove, edit, move or close any account for any reason and to suspend or ban any User account for any reason.
58.
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to above as the "Content".
59.
You should be aware that Content presented to you as part of the SmartSession search facility, including but not limited to User Profiles, advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SmartSession (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SmartSession or by the owners of that Content, in a separate agreement.
60.
SmartSession reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, SmartSession may provide tools to filter out explicit sexual content. There are commercially available services and software to limit access to material that you may find objectionable.
61.
You understand that by using the SmartSession Platform you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the SmartSession Platform at your own risk.
62.
You agree that you are solely responsible for (and that SmartSession has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the SmartSession Platform and for the consequences of your actions (including any loss or damage which SmartSession may suffer) by doing so.
 
OTHER PEOPLE'S RIGHTS
63.
We respect other people's rights, and expect you to do the same.
64.
You will not post content or take any action on the SmartSession Platform that infringes or violates someone else's rights or otherwise violates the law.
65.
SmartSession can remove any content or information you post on the SmartSession Platform if we believe that it violates this Statement.
66.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
67.
You will not use our copyrights or trademarks (including SmartSession, and the SmartSession Logo) or any confusingly similar marks, without our written permission.
68.
If you collect information from Users, you will: obtain their consent, make it clear you (and not SmartSession) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
69.
You will not post anyone's identification documents or sensitive financial information on the SmartSession Platform.
 
PROPRIETARY RIGHTS
70.
You acknowledge and agree that SmartSession owns all legal right, title and interest in and to the SmartSession Platform, including any intellectual property rights that subsist in the SmartSession Platform (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
71.
You agree that nothing in the Terms and Conditions of Use gives you a right to use any of SmartSession's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
72.
SmartSession acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms and Conditions of Use in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that SmartSession has no obligation to do so on your behalf.
73.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the SmartSession Platform.
74.
You agree that in using the SmartSession Platform, you will not use any trademark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised User of such marks, names or logos.
 
PROHIBITED CONTENT
 
This Section enumerates a non-exhaustive list of content you may in any event not make available via SmartSession (it being at the sole discretion of SmartSession to decide whether certain content is or is not permitted):
75.
Content which is discriminatory as to appearance, race, religion, gender, culture, origin or which can otherwise be called offensive;
76.
Content which incites to violence against and/or harassment of another person or other persons;
77.
Content which leads to or is the result of exploitation or abuse of others;
78.
Content which according to SmartSession is contrary to public morality or good taste, is violent or includes a link to pornographic material or pornographic websites, or includes pornographic or erotic material;
79.
Content which asks for personal data of minors and/or makes available personal data of other persons;
80.
Content which encourages or commits the performance of illegal activities;
81.
Content which infringes intellectual property rights, privacy rights or any other rights of SmartSession or third parties;
82.
Content which involves chain letters, junk mail or spamming and/or which asks for passwords or other information leading back to persons for commercial or illegal purposes;
83.
Content which, without the prior written consent of SmartSession, involves commercial activity such as advertising, lotteries, contests or pyramid games;
84.
Content which includes a photograph or likeness of another person without that person's consent;
85.
Content which infringes any law, regulation, bye-law, other applicable regulations or these Terms and Conditions of Use.
 
PAYMENTS
86.
SmartSession is free for Doctors. If you represent a Health Provider seeking the services of Doctors on the SmartSession Platform, then you agree to our Payments Terms as follows.
87.
When you use a service from us, you agree that we may begin to provide the service immediately and that you will not be entitled to a cancellation or "cooling off" period.
88.
There are no charges for registering, listing sessions or using the invoicing functions on SmartSession. When you select a Doctor who has expressed interest in your listed session, you agree that we may levy a fee of 5% of the agreed session value for provision of the SmartSession Platform.
89.
As SmartSession is not yet required to be registered for VAT, the 5% charge does not include VAT. If SmartSession is subsequently registered for VAT, the 5% fee shall constitute our charges before the application of VAT.
90.
In order to minimise administrative effort on your part, SmartSession will from time-to-time issue invoices to you by means of an electronic invoice on the SmartSession Platform. Payment of this invoice will be required within 30 days of issue of the invoice.
91.
SmartSession provides a number of features free of charge to its users. The only component for which we charge a fee is the selection of a ready and willing doctor to fill a vacant Session listed by a Practice. At the point where a Practice has made a selection, SmartSession is deemed to have delivered the service for which the Practice is being charged. Subsequent retraction on either side, for whatever reason, shall not constitute reasonable grounds for a refund of the fee. Furthermore, SmartSession does not in any way take responsibility for the delivery of the agreement from either party both of whom are entirely free to pursue the matter directly between themselves.
91.
SmartSession tries to deliver the most cost-effective way to mutually arrange work between healthcare professionals. We therefore aim to charge the lowest possible fees for providing this service. Nevertheless, we may deem it necessary to adjust our fees as business circumstances dictate. We make a commitment to our users to notify them at least 30 days in advance of any proposed changes to our pricing structure. This notification shall be by way of an email to our registered Practices informing them of the changes to the fees. These changes will also be reflected in these terms once they come into effect.
 
LICENCE FROM SMARTSESSION
92.
SmartSession gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by SmartSession as part of the Services as provided to you by SmartSession. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SmartSession, in the manner permitted by the Terms and Conditions of Use.
93.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.
94.
You may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
 
CONTENT LICENCE FROM YOU
95.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the SmartSession Platform. By submitting, posting or displaying the Content you give SmartSession a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the SmartSession Platform. This licence is for the sole purpose of enabling SmartSession to display, distribute and promote the SmartSession Platform.
96.
You agree that this licence includes a right for SmartSession to make such Content available to all.
97.
You understand that SmartSession, in performing the required technical steps to provide the SmartSession Platform services to our Users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit SmartSession to take these actions.
98.
You confirm and warrant to SmartSession that you have all the rights, power and authority necessary to grant the above licence.
 
SOFTWARE UPDATES
99.
The Software which you use may automatically download and install updates from time to time from SmartSession. These updates are designed to improve, enhance and further develop the SmartSession Platform and the SmartSession Platform Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit SmartSession to deliver these to you) as part of your use of the SmartSession Platform and the SmartSession Platform Services.
 
ENDING YOUR RELATIONSHIP WITH SMARTSESSION
100.
The Terms and Conditions of Use will continue to apply until terminated by either you or SmartSession as set out below.
101.
If you want to terminate your legal agreement with SmartSession, you may do so by (a) notifying SmartSession at any time; and (b) deleting your User Profile from the SmartSession Platform.
102.
SmartSession may at any time, terminate its legal agreement with you if:
102.1.
You have breached any provision of the Terms and Conditions of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms and Conditions of Use); or
102.2.
SmartSession is required to do so by law (for example, where the provision of User Profile services is, or becomes, unlawful); or
102.3.
SmartSession is transitioning to no longer providing the SmartSession Platform and SmartSession Platform Services to Users in the country in which you are resident or from which you use the service; or
102.4.
The provision of the SmartSession Platform or SmartSession Platform Services to you by SmartSession is, in SmartSession's opinion, no longer commercially viable;
102.5.
When these Terms and Conditions of Use come to an end, all of the legal rights, obligations and liabilities that you and SmartSession have benefited from, been subject to (or which have accrued over time whilst the Terms and Conditions of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 1.14.6 shall also continue to apply to such rights, obligations and liabilities indefinitely.
103.
If you deactivate your account Users will not be able to see it but it will not be deleted. Your User Profile information will be saved in the event that you wish to reinstate your User Profile information. When you delete your account however, it is permanently deleted. You will not be able to reinstate your User Profile, you will have to create a new User Profile.
104.
Even after you deactivate or delete your User Profile you should be aware that copies of the information may remain accessible elsewhere, specifically in relation to the extent that it has been previously shared with others, or it was copied or stored by other Users.
105.
Removed and deleted information may persist in backup copies for a reasonable period of time (but will not be available to others).
 
EXCLUSION OF WARRANTIES
106.
Access to the SmartSession Platform is provided "as is" and SmartSession gives you no warranty with respect to them.
107.
In particular, SmartSession does not represent or warrant to you that:
107.1.
your use of the SmartSession Platform will meet your requirements;
107.2.
your use of the SmartSession Platform will be uninterrupted, timely, secure or free from error;
107.3.
any information obtained by you as a result of your use of the SmartSession Platform will be accurate or reliable; and
107.4.
that defects in the operation or functionality of any Software provided to you as part of the SmartSession Platform will be corrected.
108.
No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the SmartSession Platform except to the extent that they are expressly set out in the Terms and Conditions of Use.
109.
Nothing in the Terms and Conditions of Use shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.
 
LIMITATION OF LIABILITY
110.
Nothing in these Terms and Conditions of Use shall exclude or limit SmartSession's liability for losses which may not be lawfully excluded or limited by applicable law.
111.
Subject to overall provision in paragraph 105 above, SmartSession shall not be liable to you for:
111.1.
any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
111.2.
any loss or damage which may be incurred by you as a result of:
 
(a) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the SmartSession Platform;
 
(b) any changes which SmartSession may make to the SmartSession Platform or SmartSession Services, or for any permanent or temporary cessation in the provision of the SmartSession Platform or SmartSession Services, (or any features within the SmartSession Platform or SmartSession Services);
 
(c) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the SmartSession Platform or SmartSession Services;
 
(d) your failure to provide SmartSession with accurate account information;
 
(e) your failure to keep your password or account details secure and confidential.
112.
The limitations on SmartSession’s liability to you in paragraph 106 above shall apply whether or not SmartSession has been advised of or should have been aware of the possibility of any such losses arising.
 
ADVERTISEMENTS
113.
Some of the SmartSession Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the SmartSession Platform, queries made through the SmartSession Platform or other information.
114.
The manner, mode and extent of advertising by SmartSession on the SmartSession Platform and in relation to the SmartSession Services are subject to change without specific notice to you.
115.
In consideration for SmartSession granting you access to and use of the SmartSession Platform, you agree that SmartSession may place such advertising on the SmartSession Platform.
 
ADVERTISMENTS ON SMARTSESSION
 
Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:
116.
That SmartSession may use your personal information to assist us in serving sponsored content on your User Profile or elsewhere. You give us permission to use your name and User Profile photo in connection with that content;
117.
We do not give your content or information to advertisers without your consent;
118.
You understand that we may not always identify paid services and communications as such.
 
OTHER CONTENT
119.
The SmartSession Platform may include hyperlinks to other websites or content or resources. SmartSession may have no control over any websites or resources which are provided by companies or persons other than SmartSession.
120.
You acknowledge and agree that SmartSession is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
121.
You acknowledge and agree that SmartSession is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
 
CHANGES TO THE TERMS AND CONDITIONS OF USE
122.
SmartSession may make changes to the Terms and Conditions of Use from time to time. When these changes are made, SmartSession will make a new copy of the Terms and Conditions of Use available to you from within, or through, the SmartSession Platform and SmartSession Services.
123.
You understand and agree that if you use the SmartSession Platform or SmartSession Services after the date on which the Terms and Conditions of Use or Additional Terms and Conditions of Use have changed, SmartSession will treat your use as acceptance of the updated Terms and Conditions or Use or Additional Terms and Conditions of Use.
 
GENERAL LEGAL TERMS
124.
Sometimes when you use the SmartSession Platform, you may (as a result of, or through your use of the SmartSession Platform) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms and Conditions of Use do not affect your legal relationship with these other companies or individuals.
125.
The Terms and Conditions of Use govern your use of the SmartSession Platform and SmartSession Services and completely replace any prior Terms and Conditions of Use between you and SmartSession in relation to the SmartSession Platform and SmartSession Services.
126.
You agree that SmartSession may provide you with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on the SmartSession Platform.
127.
You agree that if SmartSession does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions of Use (or which SmartSession has the benefit of under any applicable law), this will not be taken to be a formal waiver of SmartSession’s rights and that those rights or remedies will still be available to SmartSession.
128.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms and Conditions of Use is invalid, then that provision will be removed from the Terms and Conditions of Use without affecting the rest of the Terms and Conditions of Use. The remaining provisions of the Terms and Conditions of Use will continue to be valid and enforceable.
129.
The Terms and Conditions of Use, and your relationship with SmartSession under the Terms and Conditions of Use, shall be governed by English law. You and SmartSession agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms and Conditions of Use. Notwithstanding this, you agree that SmartSession shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
 
PRIVACY POLICY
130.
Your privacy is very important to us. Our Privacy Policy has been designed to reflect our commitment to ensuring the privacy of your information. The SmartSession Privacy Policy makes important disclosures about how you can use SmartSession to share your User Profile information with all Users of the SmartSession Platform and how we in turn collect and can use your content and information. We encourage you to read the Privacy Policy as it forms an essential part of the Terms and Conditions of Use and the Contract between you the User and SmartSession Ltd.
 
GOVERNING LAW AND JURISDICTION
131.
Information appearing on this Website is provided in accordance with and subject to the laws of England and the laws of England govern the conduct and operation of the SmartSession website. The courts of England have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions of Use, the information contained on this Website, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of England.
 
DISCLAIMER AS TO ACCURACY OF INFORMATION
132.
Care has been taken in the preparation of the information contained on this Website. However, we do not make any representations or warranties as to the accuracy of the information contained on this Website.
 
PROHIBITED USE OF WEBSITE
133.
The information on this Website is not intended to be provided to and should not be used in any jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this Website or otherwise. If you have any doubts about the legality of your using this Website, you should not continue any further.
 
GENERAL DISCLAIMER OF LIABILITY
133.1.
No member of SmartSession Ltd (or any other person involved with the provision and maintenance of the SmartSession website) takes any responsibility for the accuracy of the information provided on the SmartSession website. Use of such information is at the User's sole risk. No member of SmartSession Ltd accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
133.2.
use of this Website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or
133.3.
reliance on the information contained in this Website, whether downloaded or not or authorised or not.
134.
SmartSession Ltd makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this Website or the completeness or accuracy of such information.
 
RIGHT OF SMARTSESSION LTD TO INFORMATION ON THIS WEBSITE
135.
The information contained on the SmartSession website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of SmartSession Ltd. We place paramount importance on customer service and aim to meet your expectations on every occasion. To achieve this aim we need accurate personal information about you. Please help us take prompt and efficient action by updating your User Profile to reflect changes to your personal circumstances. We have a legal obligation under the Data Protection Acts to ensure that all information held and processed about you complies with the principles of the Acts. The Acts require all personal information to be treated in the strictest confidence and to be used only for purposes of which you are aware.
 
SAFETY
136.
GENERAL STATEMENT We do our best to keep SmartSession safe, but we do not and cannot guarantee it. We need your help to do that, which includes the following commitments:
136.1.
You will not send or otherwise post unauthorised commercial communications (such as spam) on SmartSession;
136.2.
You will not collect Users' content or information, or otherwise access SmartSession, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
136.3.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on SmartSession;
136.4.
You will not upload viruses or other malicious code;
136.5.
You will not solicit login information or access an account belonging to someone else;
136.6.
You will not bully, intimidate, or harass any User;
136.7.
You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence;
136.8.
You will not develop or operate a third party application containing or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions;
136.9.
You will not offer any contest, giveaway, or sweepstakes ("promotion") on SmartSession without our prior written consent;
136.10.
You will not use SmartSession to do anything unlawful, misleading, malicious, or discriminatory;
136.11.
You will not do anything that could disable, overburden, or impair the proper working of SmartSession, such as a denial of service attack;
136.12.
You will not facilitate or encourage any violations of this Statement.
137.
REGISTRATION AND ACCOUNT SECURITY SmartSession Users provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
137.1.
You will not provide any false personal information on SmartSession, or create an account for anyone other than yourself without permission;
137.2.
You will not use SmartSession if you are under 14;
137.3.
You will not use SmartSession if you are a convicted sex offender;
137.4.
You will keep your contact information accurate and up-to-date;
137.5.
You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account;
137.6.
You will not transfer your account to anyone without first getting our written permission;
137.7.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).
138.
PROTECTING OTHER PEOPLE'S RIGHTS We respect other people's rights, and expect you to do the same.
138.1.
You will not post content or take any action on SmartSession that infringes or violates someone else's rights or otherwise violates the law.
138.2.
We can remove any content or information you post on SmartSession if we believe that it violates this Statement.
138.3.
If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
138.4.
You will not use our copyrights or trademarks (including SmartSession, the SmartSession and "SP" Logos) or any confusingly similar marks, without our written permission.
138.5.
If you collect information from Users, you will: obtain their consent, make it clear you (and not SmartSession) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
138.6.
You will not post anyone's identification documents or sensitive financial information on SmartSession.
139.
PAYMENTS If you make a payment on SmartSession you agree to our Payment Terms.
140.
AMENDMENTS We may change this Statement from time to time.
 
TERMINATION
141.
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of SmartSession to you.
 
DISPUTES
142.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or SmartSession exclusively in England in an English Court. The laws of England will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in England for the purpose of litigating all such claims.
143.
If anyone brings a claim against us related to your actions, content or information on SmartSession, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
144.
WE TRY TO KEEP SMARTSESSION UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SMARTSESSION "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SMARTSESSION WILL BE SAFE OR SECURE. SMARTSESSION IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT WILL NOT EXCEED THE GREATER OF ONE HUNDRED EUROS (€100) OR THE COST INCURRED IN REGISTRATION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SMARTSESSION'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
 
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE OF ENGLAND AND WALES
145.
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. You consent to having your personal data transferred to and processed in such jurisdictions as is necessary.
 
OTHER
146.
This document makes up the entire agreement between the parties regarding SmartSession, and supersedes any prior agreements.
147.
If any portion of this document is found to be unenforceable, the remaining portion will remain in full force and effect.
148.
If we fail to enforce any of this Statement, it will not be considered a waiver.
149.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
150.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
151.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
152.
Nothing in this Statement shall prevent us from complying with the law.
153.
This Statement does not confer any third party beneficiary rights.
 
ADDITIONAL DOCUMENTS
154.
This document should be read in conjunction with any other documents which are relevant to your usage of the SmartSession Platform.
 
COMPANY REGISTRATION DETAILS
155.
SmartSession Ltd is a Company incorporated in England with Company registered number 7679644 and registered office address of 5-7 Cranwood Street, London, EC1V 9EE, UK.
 
These terms were last revised on 23 June 2012