This website, which is hosted at https://mysmartbar.co.uk (the "Website") and the MySmartBar apps available from the app stores, are owned and operated by MySmartBar Limited ("MySmartBar", "we" or "us").
The website and MySmartBar are both based in, and operated from, the United Kingdom.
For purposes of these terms and conditions, the website and apps will be referred to as “the software”.
You should read these Terms & Conditions (the "Terms") carefully before applying for membership.
If you do not wish to be bound by the Terms you should not register with us, or access, or use, the software at all.
Consent And Registration
By completing our online registration forms (and ticking the mandatory boxes), and by registering as a MySmartBar user, you indicate your acceptance of the Terms in their entirety and thereby agree to, and consent to be bound by, the Terms in full.
We are not obliged to approve your application for membership.
You have the ability, as you register, to choose your username and you must select and keep a username that is appropriate.
If you do not comply with your obligations set out in these Terms, or otherwise act in a way which we consider, at our sole and absolute discretion, to be inconsistent with our continued provision of MySmartBar membership to you, we may revoke your membership and we reserve the right to take any further action which we consider to be appropriate.
Membership And Access To the Software And Apps
When you access and use the Software, it is your responsibility to comply at all times with both the Terms and with the applicable local laws of the jurisdiction from which access to, or use of, the Software and apps are made by you.
You may only access the user areas of the Software and apps by providing the information about yourself requested during the registration process.
If we grant you access to an otherwise restricted area of the Software, your login details are personal to you and they must be kept confidential to you and not disclosed by you to any other person so as to permit or enable others to gain access or to use the restricted user areas of the Software.
You must not use another user's account to access the Software for any reason.
All actions (including unauthorised actions, provided they are not through a fault of ours) conducted using your login details will be deemed to be actions conducted by you and you will therefore be responsible and liable for those actions to the fullest extent.
We do not warrant that the Software, or any part of it, will be available to you at all times or at any time.
Whilst it is our intention to ensure that access to the Software is uninterrupted to all users, we reserve the right to restrict, withdraw, revoke or block, temporarily or permanently, access to, or use of, all or any part of the Software by you at any time and without notice, at our absolute discretion and for any reason howsoever arising.
Changes To The Terms
We may alter these Terms at any time and without prior notice to you.
You acknowledge that each time you access and/or use the Software there may be changes to these Terms and that it is your duty to familiarise yourself with them.
If you do not agree with the version of the Terms that exists on any occasion when you access or use of the Software, you are not permitted thereafter to access or use the Software and your membership account and any pre-existing permitted use or access that you enjoyed in consequence of that membership will thereby be impliedly revoked.
Use Of the Software
You are not required to provide any additional personal information in the user areas of the Software at all (beyond that already provided to us for the purposes of registration). However, if you choose to do so, in the way and for the reasons explained on the various pages of the Software, you acknowledge and accept that such information will be published on the Software in and to the following ways and extent:
By agreeing to our Terms, you are consenting to the collection, retention and disclosure to users of the Software of this personally identifiable information.
We will only use the information you provide to us on these pages for the purposes set out in these Terms.
We reserve the right at our absolute discretion to determine whether and to what extent you may have breached the User Rules and to take such action as a consequence as we see fit, including but not limited to restricting your access to the user areas of the Software and/or revoking your MySmartBar membership.
You may not use the Software, or any information, imagery or data from or underlying it, for or in connection with any unlawful or criminal purpose, including but not limited to hacking, phishing, or other intrusions or attempted intrusions or unlawful use of information or data.
You may not copy or make commercial use of any content of the Software including, but not limited to, information, text, imagery or data or other content from, or underlying, the Software, without first obtaining MySmartBar's specific express written consent to do so.
You may not access or use any content, information, text, imagery or data published on, or underlying, the Software in such a way as to cause, or risk causing, harm or detriment to MySmartBar or our business, intellectual property rights, or other activities, property or rights.
You may not remove, distort or otherwise alter any content, information, text, imagery or data published on, or underlying, the Software except that which has been posted by you in accordance with the Terms.
You may not access or use the Software in such a way to cause, or risk causing, the infringement or weakening of, or damage to, or our own or any other brand, intellectual property or business.
You may not access or use the Software in such a way as to cause, or risk causing, confusion or an association as between you or your activities (or a third party or their activities) and us and our activities, including but not limited to phishing.
You may not present, disseminate or make available any false or misleading information about us.
Your Liability And Risk
Your access and use the Software and the information published on it at your own risk.
You remain solely and personally responsible and liable to the fullest extent for the content of any and all material that you may post or publish on the Software from time to time.
By accepting the Terms, you agree to indemnify and hold harmless to the fullest extent possible the owners of the Software, its staff, and its agents, subsidiaries and associates for any loss or damage suffered by us/them that arises out of or in connection with a breach by you of these Terms.
We reserve the right to reveal your identity, or any other personal information or data relating to you and collected by us in consequence of your registration, access and use of the Software, in the event of a formal complaint or legal action arising from your use of the Software.
Website Moderation and Reporting Abuse
We do not actively monitor the content published on the Software by users.
We are not responsible for the content published on the Software by users.
We do not warrant the accuracy, completeness, or usefulness of anything published on the Software by users.
The views expressed on the Software by users are the views of each such author and not the views of MySmartBar, its staff, its subsidiaries, or the Software's proprietor.
If you feel that something published on the Software is offensive, defamatory, or otherwise objectionable and/or contrary to the Terms / User Rules, you must notify MySmartBar immediately, explaining what has occurred. You may, if you wish, request that we remove or modify the post or publication concerned.
We reserve the right at our absolute discretion to remove any content posted or published on the Software, within a reasonable timeframe of becoming aware of the same, if and to the extent that we determine its removal is necessary.
We retain our absolute right to restrict your access to the Software and revoke your MySmartBar membership at our absolute discretion and without prior notice to you.
Data Protection And Privacy
Cookies are text files containing small amounts of information that a computer or mobile device may download when visiting websites. When you return to websites, or visit other websites that use the same cookies, they recognise these cookies and therefore your browsing device.
You can manage all cookies through your web browser settings at any time. However, please be aware that restricting cookies may affect the functionality of the Software.
There are four broad categories of cookie used by us and by other website proprietors, namely: 'Strictly Necessary'; 'Performance'; 'Functionality'; and 'Targeting' cookies, each corresponding to the kind of use to which they are put.
We use 'Strictly Necessary' cookies. They are absolutely essential to using the Software because they enable you to move around and use all its features, including accessing secure areas. These cookies do not gather information about you and cannot be used to target you with online marketing. If you disable them you will lose all the user Website functionality.
We may use 'Performance' cookies. These collect information about how you use the Software (for example, which pages of the Software you visit most often). All the information that they collect is anonymous and is only used to improve the Software's performance. These cookies do not gather information about you and cannot be used to target you with online marketing. Without using these cookies, we cannot learn how Software is performing and make relevant improvements.
We may use 'Functionality' cookies. These allow the Software to record choices you make (such as your user name, language, the region you are in, changes you have made to text size, font etc.) and tailor the Software to provide enhanced features and content for you. The information these cookies collect may, or may not, be anonymous. Without these cookies, the Software cannot record choices you've previously made or personalise your browsing experience.
We may use 'Targeting' cookies. These are used to tailor marketing to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. They record that you have visited the Software and this information may be shared with other organisations such as advertisers. Without these cookies, online advertisements you encounter will be less relevant to you and your interests.
The content published on the Software from time to time may contain links that direct you to other websites or domains, for example to websites which offer you goods and services of our advertisers. We are not responsible for the accuracy or content of these third-party websites or domains, and the provision of any links by us does not mean that we are in any way connected with or endorse the related website, domain or the information provided in them.
When you use these links and access other websites or domains you will become subject to the terms, conditions and policies which apply to those websites or domains and it is your sole responsibility to make sure that you are familiar with and willing to accept them. We accept no liability, no matter how such may be caused, for any failure on your part to view or comply with those third-party terms, conditions and policies.
Intellectual Property Rights
Unless otherwise specified on the Software, we are the proprietors or licensees of all intellectual property rights in and to the Software and its content, including but not limited to the copyright, design rights, and unregistered and registered trademark rights.
All such rights are reserved by and to us and the benefit of any goodwill that arises through your use of the Software inures to us.
The trademarks that we own include, but are not limited to, MySmartBar and the MySmartBar logo marks.
Reproduction in any form of any part of the content, information, text, imagery or data from, or underlying, the Software, save in strict compliance with the Terms, is prohibited without our specific prior written consent.
Content of the Software and General Exclusions of Liability
We reserve the right to alter amend or remove the content of the Software or any part thereof and to withdraw access to any or all such form, functionality and content from any user or all users, at any time and without notice and at our absolute discretion.
Save and to the extent, as is provided for specifically in these Terms, MySmartBar accepts no liability of any kind, howsoever arising:
or the content of the Software or any part of it from time to time;
for any period of unavailability, interruption, defect or loss of access to, or use or function of, the Software or any part of it at any time; or
from any amendment or alteration to the form, functionality and content of the Software or any part of it at any time.
Whilst we will endeavour to ensure that all the information included on the Software by us (as opposed to that posted by users or our advertisers) is correct, up to date and complete, we are not obliged to identify to you any content which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Software or its content, including but not limited to information published about you on the Software, and we accept no liability, no matter how such may be caused, arising from any information which is not correct, up to date, complete, or which has been superseded.
The content published on the Software, and in particular, the information, products and services that may be found and referred to there from time to time, is not an invitation to subscribe to or purchase any product or service unless such information appears within the context of a specific offer made to users by MySmartBar or one of our advertisers.
Nothing published on the Software is intended to constitute advice. You should not rely on any information published on the Software, and we disclaim any liability for any purported reliance on such information to the fullest extent permitted by law.
We accept no liability, no matter how such may be caused, and whether directly or indirectly, for any loss or damage caused to you or another (including but not limited to loss of income, business, opportunity, data, reputation or goodwill) arising from your use of the Software.
We accept no liability for changes made to the Software or its content by users or by unauthorised third parties.
We hereby exclude any express or implied warranties that any material used or downloaded from the Software will not cause loss or damage to any data or property, such as software or hardware, including but not limited to loss or damage caused by malicious script, viruses, spyware, Trojan Horses or worms. We accept no liability for any such loss or damage suffered by you or another as a result of your use of the Software.
Whilst we maintain robust security mechanisms, we cannot guarantee the security of communications (whether by phone, internet or post). Accordingly, we accept no liability for breach of security of any communications received from or sent by you, to us using the Software or the information contained on it. Such communications are at your own risk.
If we choose to delay enforcing any of our rights relating to these Terms, or even not to enforce all or any part of them in a given circumstance, context or instance, we may do so at our absolute discretion. Any such delay or non-enforcement on our behalf will not be deemed to be a waiver of those rights or of any other provision or as our acquiescence in respect of the conduct or actions of any user, and will not in any way prejudice or limit our full legal rights and remedies under the Terms and generally.
Nothing in the exclusions contained in this clause or elsewhere in the Terms shall be interpreted as an attempt to exclude or limit statutory liabilities which cannot be excluded by law, nor our tortious liability for death or personal injury resulting from our negligence, fraud, fundamental misrepresentation, or any other liability which cannot be excluded or limited by law.
We reserve the right to monitor all internet communications, including web and email traffic into and out of our domains, for the purposes of security, ensuring compliance with the Terms, and detecting fraud and other crimes.
If any of the Terms are declared to be unlawful, invalid, void or for any reason unenforceable, such fact will have no effect on the validity and enforceability of the remaining provisions of the Terms and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
Governing Law And Jurisdiction
The Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and shall be construed in accordance with English law.
Any dispute relating to or arising out of the Terms, and any non-contractual obligations arising out of or in connection with them, shall be subject to the exclusive jurisdiction of the English courts.