Advantage Smollan Ltd (a company registered in England and Wales with registration number 09506907 and registered address c/o Legalinx Tallis House, 2 Tallis Street, Temple, London, United Kingdom, EC4Y 0AB) provides you with access to this website, www.advantagesmollan.com (“website” ) as well as the services in respect thereof (collectively referred to as the “services” ). These terms and conditions set out what is expected from you when accessing and using the services. By using the website, or the services, you agree to all of the terms and conditions as set out below. They will govern your use of the services including the website.The website and services are not intended to be access or provided to consumers. The website and services are intended for business users only.
PRIVACY AND COOKIES POLICY
Advantage Smollan recognises the importance of keeping your personal data safe. Personal data collected related to use of the website will be handled in accordance with the Privacy and Cookies Policy and you should read this now. You are deemed to have read and understood our Privacy Policy by your acceptance of these terms and conditions.
CONTENT AND INFORMATION
You are responsible for your use of the services. Any use or reliance on any content posted on or through the services or obtained by you through the services is at your own risk.
We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any content or any communications posted on or through the services or endorse any opinions expressed on or through the services. You understand that by using the services you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise defective. Except where prevented by Law, under no circumstances will Advantage Smollan be liable in any way for any content, including, but not limited to, any errors or admissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available on or through the services or broadcast elsewhere.
USE OF THE SERVICES
You will only use these services for legitimate and lawful purposes and you agree to abide by all laws when using the services. You agree not to engage in any activities that may cause any damage or loss to Advantage Smollan.
What follows is a list of unacceptable uses of this website. If you make unacceptable use of this website the consequences are set out at paragraph [5.1]. You may not and agree not to:
use any harmful or malicious code, such as viruses, trojan horses, worms or spiders, to interfere or access any data, communications or software associated with the services;
send any unsolicited communication to Advantage Smollan
use the services in such a manner as to threaten, harass, embarrass or invade the privacy of any person;
abuse, harass, threaten, intimidate, or harm any other user or any member of Advantage Smollan’s staff;
resell the services or any content obtained via the services to a third party;
use the services for any purpose that is defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights of a third party or would otherwise violate the rights of any third party
Advantage Smollan makes no claims that the services may be lawfully accessed and the content lawfully viewed or downloaded outside of the United Kingdom. This website is directed at users in the UK only. Access to the services and/or the content may not be legal by certain persons or in certain countries. If you access the services from outside of the United Kingdom, you do so at your own risk and you are solely responsible for compliance with the laws of, or applicable to, such jurisdiction.
RESTRICTIONS ON CONTENT AND USE OF SERVICES
Advantage Smollan reserves the right at all times (but will not have an obligation) to monitor any activity and content on or through the services. Advantage Smollan may investigate any reported violations of these terms and conditions or any complaints and take any such steps or action as it may deem necessary to delete, remove, or refuse to distribute any content on the services and to terminate users or reclaim usernames.
Where permitted by applicable data protection laws, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
satisfy any applicable law, regulation, legal process or governmental request;
enforce these terms and conditions, including investigation of potential violations hereof;
detect, prevent, or otherwise address fraud, security or technical issues;
respond to reported violations and/or complaints; or
protect the rights, property or safety of Advantage Smollan, its users and the public.
INTELLECTUAL PROPERTY
All right, title, and interest in and to the services including all related intellectual property rights are and will remain the exclusive property of Advantage Smollan and all its licensors. The services are protected by intellectual property laws. Nothing in these terms and conditions gives you a right to use the Advantage Smollan name or any of the Advantage Smollan trademarks, logos, domain names, and other distinctive brand features.
THIRD PARTY CONTENT AND LINKS
The services may contain content posted and/or services provided by third parties and/or links to third party websites, or resources. You acknowledge and agree that Advantage Smollan is not responsible or liable for the availability or accuracy of such third party content, services, websites, and/or resources.
You agree that Advantage Smollan does not endorse any such third party content, services, websites, and/or resources. You acknowledge sole responsibility for and assume all risk arising from your access and/or use of any such third party content, services, websites, and/or resources. You indemnify, defend and hold us harmless against any claim by any third party for any loss or damage of any kind arising out of or in connection with your use of third party content, services, websites and/or resources.
CHILDREN
The services are intended solely for persons 18 (eighteen) years of age and older. If you are under the age of 18 (eighteen), you may not access or use the services.
By using the services you represent and warrant to us that you are 18 (eighteen) years of age or older.
USER WARRANTY
You represent and warrant to Advantage Smollan that:
you have full power, authority, and legal capacity to enter into these terms and conditions and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company;
you will provide complete and accurate information to Advantage Smollan that you warrant is true and correct;
you will adhere to these terms and conditions;
you are 18 (eighteen) years of age or older; and
in the event that your use of the services is dependent on using a mobile device, personal computer, bandwidth or such other device or technology of another person, you have the necessary permission from that person.
INDEMNITY
You agree to indemnify, defend and hold Advantage Smollan, its subsidiaries, affiliates, officers, agents, licensors, employees and any other partners harmless from any and all claims, losses, expenses, damages, actions, demands, liabilities or costs, including but not limited to legal fees resulting from your violation of these terms and conditions, your violation of any rights of a third party.
MODIFICATIONS TO THE SERVICES
You agree to indemnify, defend and hold Advantage Smollan, its subsidiaries, affiliates, officers, agents, licensors, employees and any other partners harmless from any and all claims, losses, expenses, damages, actions, demands, liabilities or costs, including but not limited to legal fees resulting from your violation of these terms and conditions, your violation of any rights of a third party.
AMENDMENTS TO TERMS AND CONDITIONS
Advantage Smollan reserves the right to amend these terms and conditions at any time, for any reason with or without notice to you. The amended terms and conditions shall enter into force on the date that they are published on the website or from the first time you log on to Advantage Smollan subsequent to such amendments, whichever occurs first. Your use of the website and/or the services after a change has been made constitutes your acceptance of the amended terms and conditions.
DISCLAIMER
Whilst every effort has been made by Advantage Smollan to ensure the proper performance of the services, Advantage Smollan does not guarantee the availability of the services. Your use of the services is at your sole risk and the services are provided by Advantage Smollan on an “as is” and “as available” basis. Without limiting the aforegoing, Advantage Smollan and its partners, except where prohibited by law, give no warranty and make no representation regarding the accuracy or completeness of the website’s content. We make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, complete, timely, or error-free basis.
Any material or data downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damages or loss of data or e-mail that result from your use of the service. Subject to section 14.3, you also agree the Advantage Smollan has no responsibility or liability for the deletion of, or the failure to store or to transmit, any material or data maintained by the services.
ALL EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OF ANY KIND OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW WITH RESPECT TO THE WEBSITE OR THE INFORMATION, CONTENT, ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. EXCEPT WHERE PROHIBITED BY LAW, WE SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR PROFIT OR LOSS OR OTHERWISE) COSTS, CLAIMS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION WHATSOEVER, WHETHER CAUSED BY OUR ACTS, OMISSIONS OR NEGLIGENCE OR THE ACTS, OMISSIONS OR NEGLIGENCE OF OUR EMPLOYEES OR AGENTS, WHICH ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE INFORMATION, CONTENT, EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY US, OUR EMPLOYEES’, OR OUR AGENTS’ PROVEN NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, BREACH OF OUR STATUTORY OBLIGATIONS WHICH APPLY IN CONNECTION WITH THE SALE AND SUPPLY OF PRODUCTS AND SERVICES AND WHICH CANNOT BE EXCLUDED BY OPERATION OF LAW, OR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE OR ATTEMPT TO EXCLUDE OUR LIABILITY.
In addition, except where prohibited by law, we are not liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of the website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
any losses or damages arising out of changes made to the content of the website by unauthorised third parties;
any loss of business, data, profits, revenue, goodwill, use or anticipated savings;
loss or damage to your, or any third party’s, data or records;
any delay in, or failure of, performance of our obligations under these terms and conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action; and
except as expressly provided in these terms and conditions, we exclude all representations, conditions and warranties whether express or implied (by statute or otherwise) to the fullest extent permitted by law.
LIMITATION OF LIABILITY
In the event of a court ruling that the aforegoing provisions which exclude our liability to you are invalid or non- binding, you agree that Advantage Smollan’s liability, to the extent permitted by law, will be limited to an amount of £300 (three hundred pounds) for all claims during any calendar year.
BREACH
If you breach any of your obligations in terms of these terms and conditions, or otherwise misuse the contents of the website, Advantage Smollan shall be entitled, without derogating from any other right may have in terms of these terms and conditions or otherwise, cancel these terms and conditions and without prior notice to you, restrict or suspend your access to the services for such period of time as Advantage Smollan may deem fit, remove any content posted by you and/or terminate your access and reclaim your username. We are the final arbiter as to what shall constitute misuse and our decision will be final.
WAIVER AND SEVERABILITY
The failure of Advantage Smollan to enforce any rights or provision of these terms and conditions will not be deemed a waiver of such rights or provisions. In the event of any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions of these terms and conditions will remain in full force and effect.
CONTACT/NOTICES
You agree that for the purposes of the giving of any notice, Advantage Smollan may send such notices to your e-mail address as indicated on your user account.
Advantage Smollan chooses Tallis House, 2 Tallis Street, Temple, London, United Kingdom, EC4Y 0AB for the purposes of the giving of any notice, and also for general contact purposes
GOVERNING LAW AND JURISDICTION
These terms and conditions and any non-contractual obligations arising out of or in connection with them, are governed by English law. In the event of any dispute or claim relating to the website, these terms and conditions or any non-contractual obligations arising out of or in connection with them, then all Website users to whom these terms and conditions relate agree to the resolution of such claim or dispute in the English courts, in accordance with English law.
MISCELLANEOUS
In these terms and conditions the words “include”, “including”, “includes”, “such as”, “in particular” and any similar expression are to be construed as if they were immediately followed by the words “without limitation”.
If any provision of these terms and conditions is found to be invalid or unenforceable by a court, including without limitation the liability limitations or exclusions, it will be severed from the rest of these terms and conditions which shall remain unaffected.
No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them, nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.
We may, at any time, assign any or all of our rights or obligations under these terms and conditions to any person. This includes without limitation any person who takes on responsibility for operating the website (whether inside or outside our group of companies). This includes assignments where necessary as part of any restructuring relating to our companies, business or assets, or as part of a sale of Advantage Smollan or its business or assets.
Rights such as may be granted to any and all website users, and obligations as may be incurred by any such person, in each case pursuant to these terms and conditions, relate only to those persons, and they may not be transferred to any third party whatsoever.
GENERAL
These terms and conditions constitute the entire agreement between you and Advantage Smollan relating to the subject matter hereof and these terms and conditions supersede and replace any prior agreements between you and Advantage Smollan.
SUPPORT
Should you experience any difficulties with any aspect of the website, contact us on +44 (0) 118 927 1010 during office hours (09h00 to 17h00) Monday to Friday.
