Terms & Conditions

TERMS AND CONDITIONS

Introduction

1.1 These terms and conditions shall govern your use of our website, https://ismarten.com/ (the “Website”).

1.2 The term “we” means iSmarten Ltd, the owner and operator of the iSmarten.com platform, which is a registered home virtual office in Glasgow Street, Belfast, United Kingdom and whose company registration number is NI676383 with Data Protection Act and Trademark registered (“us” and “our” will be construed accordingly).

1.3 The term “you” refers to the user or viewer of our website.

1.4 By using continuing to browse our website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use the website.

1.5 Our Website uses cookies. By using our website, you consent to our use of cookies in accordance with the terms of our privacy policy and our cookies policy.

1.6 You must be at least 18 years of age and above to use our website. If you are 13 - 17 years old, you must need your parent's or guardian's consent to use our website.

2.1 This Website contains content, which is owned by or licensed to us (“iSmarten.com Content”). This content includes, but is not limited to, the information, design, layout, look appearance and graphics.

2.2 You are granted a licence to use the iSmarten.com Content is subject to the restrictions described in these terms and conditions.

2.3 All iSmarten.com Content contained in this Website is and shall always remain the copyright of iSmarten Ltd.

2.4 You must retain and must not delete or remove all copyright notices and other proprietary notices placed by us on any iSmarten.com Content.

Licence to Use the Website

3.1 You may:

(a) view pages from our website in a web browser or mobile app.

(b) download pages from our website for caching in a web browser or mobile app.

subject to the other provisions of these terms and conditions.

3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any iSmarten.com Content from our Website or save iSmarten.com Content to your computer.

3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise, modify any iSmarten.com Content on our website.

3.4 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another Website), except in the case of social media such as Facebook and Twitter in which case you are permitted to publish extracts in order to promote the use of the Website.

(b) sell, rent or sub-license material from our website.

(d) exploit material from our website for a commercial purpose (other than as a registered seller in accordance with these terms and conditions); or

(e) redistribute material from our website.

3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable Use

4.1 You must not:

(a) use our website in any way or take any action that causes or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website.

(b) use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

4.2 You must ensure that all the information you supply to us through our website, or in relation to our Website is true, accurate, current, and non-misleading.

Use on Behalf of an Organisation

5.1 If you use our website in the course of a business or other organisation, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant company or legal entity.

Your Content Licence

6.1 In these terms and conditions, “your personal content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our Website.

6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to process, store, publish and distribute your personal content for the purposes of our website.

6.3 You may edit your personal content to the extent permitted using the editing functionality made available on our website.

6.4 In these terms and conditions, “your public content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our Website, which is not part of your personal content.

6.5 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your public content in any existing or future media and to reproduce, store and publish your public content on and in relation to this Website and any successor website.

6.6 You grant to us the right to sub-license the rights licensed under Section 6.5.

6.7 You grant to us the right to bring an action for infringement of the rights licensed under Section 6.5.

6.8 You hereby waive all your moral rights in your public content to the maximum extent permitted by applicable law, you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

6.9 You may edit your public content to the extent permitted using the editing functionality made available on our website.

6.10 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all your public contents.

Your Content Rules

7.1 You warrant and represent that your public and personal content will comply with these terms and conditions.

7.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

7.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false.

(b) be obscene or indecent.

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights.

(d) infringe any right of confidence, right of privacy or right under data protection legislation.

(e) constitute negligent advice or contain any negligent statement.

(f) constitute or promote any criminal activity.

(g) be in contempt of any court, or in breach of any court order.

(h) be in breach of racial or religious hatred or discrimination legislation.

(i) be blasphemous.

(j) be in breach of any contractual obligation owed to any person.

(k) be untrue, false, inaccurate, or misleading.

(l) contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage.

(m) constitute spam; or

(n) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory.

Breaches of these Terms and Conditions

8.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings.

(b) temporarily suspend your access to our website.

(d) block computers using your IP address from accessing our website.

(e) contact any or all your internet service providers and request that they block your access to our website.

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

Third-Party Websites

9.1 Our Website may include links to other websites or apps owned and operated by third parties. We have no responsibility for the content of such third-party websites or apps.

9.2 We have no control over third-party websites or apps and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trademarks

10.1 The registered and unregistered trademarks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such, we cannot grant any licence to exercise such rights.

General Terms

11.1 If any of the Terms are held to be illegal or unenforceable, such provisions shall be severed and the rest of the Terms shall remain in full force and effect.

11.2 The Terms constitute the entire agreement and replace any previous agreement or understanding (whether oral or written, express or implied) between us in respect of the matters contained or referred to in the Terms. Each of us agrees that, in entering the Terms, we have not relied on and have no remedy in respect of, any representation, warranty or other provision (oral or written, express or implied) of any person which is not expressly set out in the Terms. The only remedy available in respect of any misrepresentation or untrue statement shall be a claim for breach of contract under the Terms. This paragraph does not operate to limit or exclude any liability arising from any fraudulent or dishonest statement, act, or omission.

11.3 We always reserve the right to edit, refuse to post or remove from the iSmarten.com Website any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any obligation we may have under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.

11.4 You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.

11.5 A person who is not a party to the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision in the Terms.

11.6 No waiver by either of us shall be effective unless in writing, and no waiver shall constitute a continuing waiver to prevent us or you from acting upon any continuing or subsequent breach or default.

11.7 We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our website.

11.8 The Terms shall be subject to the laws of the United Kingdom and the parties shall submit to the exclusive jurisdiction of the English courts.

This site uses cookies - small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or looking at the About Cookies website which offers guidance for all modern browsers

Cookie Policy

General Information

Cookies help the website keep track of your visits and activities so that every time you visit the website, they help you feel a continuity in your experience of the website.

A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser asking permission to be placed on your computer’s hard drive. The file is added, and the cookie helps analyse web traffic or lets you know when you visit a site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our services to tailor them to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our services.

We may use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy can be found at the following web address: https://www.google.com/policies/privacy/.

Embedded Content

To support our content, we may embed photos and video content from websites such as YouTube, Twitter, Facebook, Instagram, and WeChat. As a result, when you visit a page containing such content, you may be presented with cookies from these websites. iSmarten.com does not control the dissemination of these cookies and you should check the relevant third party’s website for more information.

Sharing Tools

You will also see embedded “share” buttons on our web pages; these enable users to easily share content with their friends through a few popular social networks. When you click on one of these buttons, a cookie may be set by the service you have chosen to share content through. iSmarten.com does not control the dissemination of these cookies.

What To Do If You Don’t Want Cookies to Be Set?

If you prefer, it is possible to block some or all cookies or even to delete cookies that have already been set; but you need to be aware that you might lose some functions of that website. To do this, please follow the instructions below which outline “how to turn off cookies on your browser”. There are also instructions in each category of cookies above which give information on how to opt-out of some individuals, for example, Google Analytics.

How To Turn Off Cookies on Your Web Browser For All Websites?

All recent versions of popular browsers give users a level of control over cookies. Users can set their browsers to accept or reject all, or certain, cookies. Users can also set their browser to prompt them each time a cookie is offered. The main browser types and instructions on how to turn off cookies for ALL sites, not just iSmarten.com are available on the aboutcookies.org website. We recommend that if you do find the use of cookies intrusive that you follow the instructions on this website and turn them off for all websites.

If You Would Like to Find Out More Information About Cookies

The Information Commissioner’s Office is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

Useful information about cookies can be found at aboutcookies.org.

Internet Advertising Bureau

A guide to behavioural advertising and online privacy has been produced by the Internet Advertising Industry.

International Chamber of Commerce United Kingdom

Information on the ICC (UK) UK cookie guide can be found in the ICC website section.

AntiSpam Rules

Spam is commercial e-mail or unsolicited bulk e-mail, including "junk mail", which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable resources. Inappropriate newsgroup activities, consisting of excessive posting of the same materials to several newsgroups are also deemed to be spam. We don't tolerate SPAM in our company. We forbid unsolicited e-mails of any kind in connection with the marketing of the services provided by the iSmarten.com. If any law enforcement agency, internet provider, web hosting provider or other person or entity provide us with notice that you may have engaged in the transmission of unsolicited e-mails or may have engaged in otherwise unlawful conduct or conduct in violation of an internet service provider's terms of service or any such policies or regulations, we will reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information. If you didn't receive a letter from iSmarten.com, please don't forget to check your Spam folder because some email services may mark our email as Spam.

The procedure of Amending the Present Rules

The administration of iSmarten.com reserves the right to make changes to the current document without the consent of traders and affiliates. The administration of iSmarten.com will inform clients about changes by publishing a notice on the site of the company. Terms and Conditions changes come into force since the date of publishing information on the site unless otherwise provided in the text.

Customer Service & Support

Every client has the right to get any additional information from our support service. The client may contact our support service via our Support Form or another method that is convenient for him. The client agrees to behave politely with our support service and follow the instructions to prevent anyone from a potentially negative situation.

Rewards Disclaimer

iSmarten.com (iSmarten Ltd) make every effort to ensure that we accurately represent these services and products their potential for cash rewards. Earning and Income statements made by our company and its customers are estimates of what we think you can possibly earn.

There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees, concerning the level of success you may experience.

The testimonials and examples used are exceptional results, which do not apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Everyone’s success depends on his or her background, dedication, desire, and motivation. There is no assurance that examples of past earnings can be duplicated in the future.

We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions. The use of our information, products, and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services.