IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE PROCEEDING:
These Website Terms and Conditions ("Terms") is a legal agreement between you ("you" or "yours") and Smart Online Marketing Ltd, a company registered in England and Wales and having its registered address at Unit 102A, 29 Harbour Island, Harbour Exchange Square, London E14 9GE ("We" or "us" or "ours"). By using the Website and/or any part of the Services, you hereby agree to be bound by the Terms herein and you agree that these Terms are enforceable as if it were a written negotiated agreement signed by us and you. If you do not agree with any of the provisions set out herein, you must not proceed.
The following words and expressions shall have the following meanings:
"Application Tool" means the credit card comparison application tool which is owned by and/or licensed to us and the use of which is made available to you using the Services in accordance with the provisions herein;
"Content" means all information (in all formats) including without limitation, information regarding third party financial products and services, opinions, comments and/or publications owned by and/or licensed to us and which are made available and/or published on the Website;
"Intellectual Property Rights" means all intellectual property rights including without limitation, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in images, graphic rights, rights in databases, software rights (including in object and source code form), trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
"Login Details" means usernames and passwords provided by us to you from time to time to enable you to access to certain functionalities of the Services;
"Network" means the electronic communications network used by us to provide you with access and use of the Website and any other information, knowledge, suggestion, know-how and/or expertise;
"Services" means having access to and use of the Content, Application Tools and any other functionalities made available to you on the Website which facilitates for your access to third party websites which provide financial products and services; and
"Website" means www.cardsmart.co.uk.
2.1 In consideration for your strict compliance with these Terms, we hereby grant you a non-exclusive, non-assignable and terminable right to access the Services for your own personal and non-commercial use.
2.2 We will use our reasonable endeavours to make the Services and any additional service that we agree to provide available to you at all times, but we cannot guarantee an uninterrupted or fault free service.
2.3 We reserve the right to make changes to the Services and the Website or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements of features and functionalities of the Services and/or the Website.
2.4 We may require you to register your details with us in order to access and use certain functionalities of the Services or the Website. We may also provide you with Login Details to access such functionalities of the Services. Where this is the case, you warrant that you shall keep your Login Details confidential and secure.
2.5 Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Services and/or the Website at any time without notice to you in the event you breach any of the provisions herein in accordance with clause 4.2.
2.6 You acknowledge and agree that we are not acting in the capacity of your agent nor have you appointed us as your agent when you access third party websites using our Services. You agree that the Services provided to you through the Website merely facilitate your access to such third party websites.
2.7 You acknowledge that we do not control the Network which may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner thereof. Such circumstances may result in the Services (wholly or partly) being made temporarily unavailable. We shall take reasonable action to minimize the disruption caused by such circumstances but you acknowledge, agree and accept that some such interruptions may not be avoidable.
2.8 We may from time to time update or revise these Terms and shall notify you of such updates and revisions on the Website. You hereby agree that your continued use of the Website is deemed your acceptance to be bound by such revised provisions.
2.9 We also reserve the right from time to time to monitor your use of the Website.
3. Your Obligations to Us
3.1 You agree that you shall at all times:
3.1.1 comply with all applicable laws, regulations, directives and legislations in your use of the Services and the Website;
3.1.2 comply with any guidelines provided or reasonable instructions issued by us from time to time in respect of your use of the Services and the Website;
3.1.3 comply with any third party terms and conditions of business in the event you opt to purchase any of the financial products and services set out on the Website;
3.1.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Services and/or the Network;
3.1.5 not use the Services and/or any knowledge, information, know-how and/or expertise derived from it to commit any criminal act;
3.1.6 provide us with true, accurate and up-to-date information and to contact us immediately in the event any such information provided to us changes or becomes inaccurate;
3.1.7 not use the Services and/or not do anything that shall or be reasonably deemed to infringe any Intellectual Property Rights or other rights of any third parties;
3.1.8 use the Services, the Website, the Content and/or the Application Tools therein only for personal and non-commercial purposes and in accordance with these Terms;
3.1.9 use the Services, the Website and information procured from your use thereof at your own risk and shall be solely responsible for any illegal conduct, infringement of any third party Intellectual Property Rights and/or any breaches thereof or in any applicable laws and legislations; and
3.1.10 notify us immediately of any circumstances where any Intellectual Property Rights or any other rights of any third party may have been infringed.
3.2 Notwithstanding the provisions under clause 3.1, you shall not submit postings and/or content of whatsoever nature on the Website which is or may be construed to:
3.2.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
3.2.2 harass or advocate harassment of another person;
3.2.3 display pornographic or sexually explicit material of any kind;
3.2.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
3.2.5 promote any illegal activities including but not limited to violating someone else’s privacy or providing or creating computer viruses; and
3.2.6 solicit password or any other personally identifying information from other users for unlawful and illegal purposes.
3.3 You hereby warrant that you are:
3.3.1 18 years and above; and
3.3.2 located in the United Kingdom, in order to use the Services.
3.4 Subject to clause 4.2, we reserve the right in our sole and absolute discretion to take any action that we deem necessary and appropriate in the event we consider that there is a breach or threatened breach of this clause 3.
4. Term and Termination
4.1 Subject to the Terms herein and in particular to clause 4.2, your Contract with us commences upon your use of the Website and/or Services (or any part thereof) and shall terminate upon the cessation of your use of the Website and/or Services.
4.2 Notwithstanding the foregoing, we reserve the right to suspend and/or terminate your access and use of the Services in whole or in part if:
4.2.1 the Network owner ceases to make the Network available to us;
4.2.2 we have reasons to believe that you have failed to comply with one or more of the provisions set out in these Terms; and
4.2.3 we have reasons to believe that you have provided us with false, inaccurate or misleading information.
4.3 Unless otherwise expressly set out to the contrary, upon the suspension and/or termination of your use and access to the Services, your right to use any Intellectual Property Rights owned by and/or licensed to us in accordance with the provisions herein shall terminate forthwith.
4.4 Clauses 1, 5, 6, 7, 8 and this clause 4.4 shall survive the termination of these Terms however arising.
5. Intellectual Property Rights
5.1 Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from us to you, any Intellectual Property Rights owned by and/or licensed to us and all rights, title and interest in and to such Intellectual Property Rights shall remain exclusively with us and/or our licensors.
5.2 You are expressly prohibited from:
5.2.1 reproducing, copying, editing, transmitting, uploading or incorporating in any other materials, any of the Content and/or the Application Tools; and
5.2.2 removing, modifying, altering or using any trade marks, designs or logos (whether registered or unregistered) owned by us; and doing anything which may be seen to take unfair advantage of the reputation and goodwill of CardSmart Limited and/or the Website or which may be considered an infringement of any of the Intellectual Property Rights owned by and/or licensed to us without first obtaining our written consent.
5.3 Unless otherwise expressly set out to the contrary, all Intellectual Property Rights owned by you and/or your licensors shall remain exclusively with you and/or your licensors.
5.4 Subject to clause 5.3, you hereby grant us a non-exclusive, perpetual, non-terminable, transferable, sub-licensable and royalty free licence to use all Intellectual Property Rights owned by you and/or your licensors in respect of your use of the Services and the Website.
6. Exclusion of Warranties and Limitation of Liabilities
6.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out in this Agreement whether express or implied by statute, common law, trade usage or otherwise and whether written or oral including without limitation, the accuracy, adequacy, reliability, availability, timeliness, completeness, suitability and/or fitness for a specific purpose of the Content, the Services and/or any information set out in the Website and/or procured through the use of the Services are hereby expressly excluded to the fullest extent permissible by law.
6.2 You acknowledge that in order to provide the Services to you free of charge, we receive financial remuneration for the publication and/or advertisement of the financial products, services and/or information by financial services providers which form part of the Services made available to you. You further acknowledge that we rely on third parties to supply us with the information and content which are made available to you on the Website. We therefore cannot guarantee the accuracy, reliability and fitness for a specific purpose in respect of, and do not promise any specific results from your use of, access to and reliance on the Services and/or information procured through your use of the Website.
6.3 Subject to clause 6.1, you hereby acknowledge and agree that the Content and other information made available to you on the Website and/or through your use of the Services are intended as information only and does not in any manner or form constitute advice of any nature and is not intended to address any of your specific financial needs or requirements nor should it be construed as advice in respect of financial services in accordance with the Financial Services and Markets Act 2000. We strongly advise you not to rely on them to assist in making or refraining from making a decision, or to assist in deciding on a course or specific courses of action.
6.4 We further recommend that you seek independent financial advice and that you satisfy yourself in respect of such third party products and/or services prior to making any decisions in respect of your financial needs and requirements. If you so intend to use, purchase and/or rely on the information, third party financial products and/or service, Content and other information made available to you on the Website and/or through your use of the Services, then you do so at your own risks and liabilities.
6.5 You understand and agree that where we include hypertext links to third party websites, views, opinion, advice and recommendations whether by us or third parties, these hypertext links to third party websites, views, opinions, advice and recommendations are not endorsed by us, and to the maximum extent permitted by law, we shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such third party websites, views, opinions, advice and recommendations.
6.6 To the maximum extent permitted by law, we shall not be liable for any loss, injury or damage caused (wholly or partly) by, or failures, delays, interruptions or otherwise of, the provision of the Services, the Content, the Application Tool and/or any information procured by you through your use of the Services and/or the Website and shall in no event be liable for any indirect, consequential or special losses, any loss of reputation and goodwill, loss of business or business prospects, loss of profits, loss of expectations, loss of management time, loss of income, loss of anticipated savings, loss arising out of or in connection with a change in your credit-rating or credit-worthiness or any other losses whatsoever arising out of or in connection with the use, inability to use, availability or the unavailability of the Services, the Website and any other information or any decisions made or actions taken in reliance or partial reliance on such information provided under these Terms.
6.7 We expressly exclude all liabilities to you in the event we are unable to provide you with use of and/or access to the Services for reasons that are beyond our reasonable control.
6.8 Notwithstanding the foregoing, nothing in these Terms removes or limits our liability for death or personal injury resulting from our negligence or fraud or any liability under the Financial Services and Markets Act 2000, as amended.
6.9 Subject to clauses 6.6 and 6.8, our maximum aggregate liability under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed the total charges paid by you under these Terms.
8.1 This Contract and the Terms herein are personal to you and you may not transfer the Contract to any third party at any time. We may transfer the Contract to any third party at any time.
8.2 If we fail at any time during the term of these Terms, to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled to do so under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
8.3 A waiver by us of any default shall not constitute a waiver of any subsequent default.
8.4 No waiver by us of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
8.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.6 These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to our provision to you of the use of and access to the Services and the Website and shall supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing.
8.7 We each acknowledge that, in entering into these Terms, neither of parties has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us except as expressly stated in the Terms.
8.8 These Terms are governed by and shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English Courts.