123 Smart Pro ("123 Smart Pro", "WE" OR "US") Online Application Terms of Use

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND 123 Smart Pro AND GOVERN YOUR ACCESS TO, AND USE OF, THE 123 Smart Pro SERVICE LOCATED AT www.123SmartPro.com and any sub-domains. TOGETHER WITH= THE SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. 123 Smart Pro MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. 123 Smart Pro CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

General Use Restrictions.

 

123 Smart Pro provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not Submissions (as defined below) are provided to you by 123 Smart Pro and are the copyrighted and/or trademarked work of 123 Smart Pro or 123 Smart Pro's contributors.

123 Smart Pro grants you a limited, personal, non-exclusive and non-transferable license to use the services, this Site solely for your own personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

Password Restricted Areas of this Site.

You may to register for a password to login to this Site and to use certain functions and areas within this Site. You are responsible for maintaining the confidentiality of your password and account and agree to notify 123 Smart Pro if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify 123 Smart Pro of any unauthorized use of your account or any other breach of security in relation to this Site known to you.

Privacy Policy.

 

Your use of this Site is governed by the 123 Smart Pro’s Privacy Policy which is available here.

Third Party Content.

 

Certain information and other content that are not Submissions may be provided by third party licensors and suppliers to 123 Smart Pro ("Third Party Content"). The Third Party Content is , in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except asset forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. 123 Smart Pro DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Links to Third Party Sites.

 

This Site may be linked to other sites that are not 123 Smart Pro sites. 123 Smart Pro is providing these links to you only as a convenience, and 123 Smart Pro is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. =

Submissions.

 

You acknowledge that you are responsible for the information, documents, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") through the services available in connection with this Site, and that you, and not 123 Smart Pro, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the 123 Smart Pro Privacy Policy, you agree that (a) any Submission that is a document provided by you in connection with this Site is provided pursuant to the specific Creative Commons License that you select when you upload or post your Submission and (b) any Submission that is not a document provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis and you agree that 123 Smart Pro is free to use such Submission for the purpose of providing you with the associated services and you grant 123 Smart Pro a sub-licensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent a= nd warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to 123 Smart Pro set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

* Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Use racially, ethnically, or otherwise offensive language.
* Discuss or incite illegal activity.
* Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
* Post anything that exploits children or minors or that depicts cruelty to animals.
* Post any copyrighted or trademarked materials without the express permission from the owner.
* Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
* Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds.
* Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
* Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. 123 Smart Pro reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that 123 Smart Pro determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. 123 Smart Pro may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at 123 Smart Pro's discretion, 123 Smart Pro will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require 123 Smart Pro to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

Submissions and unauthorized use of any Materials or Third Party Content contained on this Site or Sub-sites may violate certain laws and regulations. You agree to indemnify and hold 123 Smart Pro and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defence) 123 Smart Pro or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

123 Smart Pro is a trademark of 123 Smart Pro in the United Kingdom. Other trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, = is the sole property of 123 Smart Pro, Copyright © 2019 123 Smart Pro. All suggestions made by you and which are subsequently added as a feature to the 123 Smart Pro range of solutions remain the sole property of 123 Smart Pro. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Copyright and Trademark Infringements. 

Notification:

123 Smart Pro respects the intellectual property rights of others, and we ask you to do the same. 123 Smart Pro may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide 123 Smart Pro's designated agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification , a representative list of such works at that site.

Identification = of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit 123 Smart Pro to locate the material.

Information reasonably sufficient to permit 123 Smart Pro to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

123 Smart Pro's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

By mail:

123 Smart Pro

City Gate

25-29 Clements Road, Ilford, IG1 1BH

By e-mail:

info@123SmartPro.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Disclaimer of Warranties.

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. NEITHER THE MATERIALS, SUBMISSIONS NOR THE THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY 123 Smart Pro, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. 123 Smart Pro DOES NOT WARRANT THE ACCURACY OF TIMELINESS OF THE MATERIALS, SUBMISSIONS OR THE THIRD PARTY CONTENT CONTAINED ON THIS SITE. 123 Smart Pro HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, SUBMISSIONS AND/OR THE THIRD PARTY CONTENT, WHETHER PROVIDED BY 123 Smart Pro OR OUR LICENSORS. THIS SITE AND 123 Smart Pro DO NOT PROVIDE LEGAL ADVICE. THE MATERIALS, SUBMISSIONS AND THE THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, SUBMISSIONS AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL OR FINANCIAL ISSUE.=

123 Smart Pro D= OES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, SUBMISSIONS, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE OR SUB-SITES AND DOMAINS OWNED BY 123 Smart Pro.

123 Smart Pro, = FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE SUBMISSIONS OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, SUBMISSIONS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 123 Smart Pro DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

123 Smart Pro SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR SUBMISSIONS TO OR FROM THIS SITE. IN NO EVENT SHALL 123 Smart Pro BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF 123 Smart Pro KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

123 Smart Pro controls and operates this Site from its headquarters in the United Kingdom and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United Kingdom, you are responsible for following applicable local laws.

General.

If you violate these Terms, 123 Smart Pro may terminate and/or suspend your access to this Site without notice. 123 Smart Pro prefers to advise you of your inappropriate behaviour and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by 123 Smart Pro, may result in immediate termination of your access to this Site. If 123 Smart Pro terminates your access to the Site, 123 Smart Pro may delete your user profile but will not be obligated to delete any Submissions that you have provided in connection with the Site. 123 Smart Pro has the right to terminate any password-restricted account for any reason. The United Kingdom, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in the UK. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 123 Smart Pro's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and 123 Smart Pro and supersede all prior or contemporaneous negotiations, discussions or agreements between you and 123 Smart Pro about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

123 Smart Pro