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Terms and Conditions

Last updated: June 25th, 2019

The use of any product, service, or feature (the "Materials") available through the internet websites accessible at https://www.smart5.co.uk (collectively, the "Website") by any user of the Website ("You" or "Your" hereafter) shall be governed by the following terms of use:

  • This Website is provided by Smart 5 Consulting Limited (hereinafter referred to as "SMART5"), a company incorporated in the UK, having its registered office at 23 Quarles Park Road, Chadwell Heath, Romford, UK, and shall be used for informational purposes only. By using the Website or downloading Materials from the Website, You hereby agree to abide by the terms and conditions set forth in these Terms of Use. If You do not agree to these terms and conditions, You are requested by SMART5 not to use the Website or download Materials from the Website.
  • This Website, including all Materials present (excluding any applicable third-party materials), is the property of SMART5 and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. SMART5 does not grant any express or implied rights under any patents, trademarks, copyrights, or trade secret information.
  • SMART5 has business relationships with numerous customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests. These words may not indicate precise legal relationships.

Limited License:

Subject to the terms and conditions set forth in these Terms of Use, SMART5 grants You a non-exclusive, non-transferable, limited right to access, use, and display this Website and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Website in any manner. Unless otherwise specified, the Website is for Your personal and non-commercial use. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website.

Blogs:

This is to inform and clarify that individuals (including but not limited to employees of SMART5 and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of SMART5, in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity and may not represent the official positions of SMART5 in any manner. SMART5 retains all copyright to these blogs.

You may be permitted to post comments and feedback on these blogs. By doing so, You expressly agree and acknowledge to abide by the following:

  • You shall not defame, abuse, harass, or threaten SMART5 or any third party, or otherwise violate the legal rights of SMART5 or any third party.
  • You shall not contribute any content or take any action that may in any manner adversely affect the reputation of SMART5, or that is otherwise detrimental to SMART5.
  • You shall not publish or post any inappropriate, defamatory, infringing, obscene, racist, terrorist, politically slanted, indecent, or unlawful topic, name, material, or information.
  • You shall not use profane and objectionable language or abbreviations. You shall not use any character(s) as a substitute for objectionable language.
  • You shall not reveal confidential or proprietary information of any third party. Specifically, You shall not post any material for which You do not have requisite and applicable rights under the law.
  • You shall not conduct any contests or publish or propagate any forwards.
  • You shall not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of any other party including SMART5.
  • You shall not upload or otherwise make available files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents to do the same.
  • You shall not upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • You shall not advertise or offer to sell or buy any goods or services for any business purpose.
  • You shall not download any file posted that You know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such a manner.
  • You shall not falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • You shall not create a false identity for the purpose of misleading others.
  • You shall not deface or vandalize this Website, or prevent or restrict others from using this Website.
  • You shall indemnify and hold harmless SMART5 from any claims and loss incurred by SMART5 as a result of Your violation of these Terms of Use.
  • You acknowledge that SMART5 may, at its sole discretion, monitor, remove, or edit any content that You contribute. SMART5 may also pursue remedies available to it under law for any violation of these terms and conditions.

Third Party Content:

The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information, and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by SMART5. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal, or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by SMART5 or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. You agree not to hold SMART5, any business offering products or services through the Website, or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.

By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than SMART5. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. SMART5 makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SMART5 or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SMART5 or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of SMART5 and SMART5 is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SMART5 is not responsible for webcasting or any other form of transmission received from any linked site. SMART5 is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by SMART5 in any manner of the website.

No Warranties:

This website, the information, and materials on the site, and any software made available on the Website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content. Despite SMART5’ best endeavors, there is no warranty on behalf of SMART5 that this Website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.

Limitation of Damages:

In no event shall SMART5 or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if SMART5 is expressly advised of the possibility of such damages.

Disclaimer:

The website may contain inaccuracies and typographical and clerical errors. SMART5 expressly disclaims any obligation(s) to update this website or any of the materials on this website. SMART5 does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. SMART5 reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. SMART5 may make any other changes to the Website, the materials, and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.

Posting on the SMART5 Website:

SMART5 does not claim ownership of the materials You provide to SMART5 (including feedback and suggestions) or post, upload, input, or submit to any section of the Website (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting ("Posting") Your Submission You are granting SMART5, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their Internet businesses (including, without limitation, all services offered by SMART5), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.

You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by SMART5, as provided herein. SMART5 shall be under no obligation to post or use any Submission You may provide and SMART5 shall remove any Submission at any time at its own sole discretion.

By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these Terms of Use including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.

Lawful and Prohibited Use of the Website:

As a condition of Your use of the Website, You shall not use the Website for any purpose(s) that is unlawful or prohibited by these Terms of Use. You shall not use the Website in any manner that could damage, disable, overburden, or impair any SMART5 server, or the network(s) connected to any SMART5 server, or interfere with any other party's use and enjoyment of any services associated with the Website. You shall not attempt to gain unauthorized access to any section of the Website, other accounts, computer systems, or networks connected to any SMART5 server or to any of the services associated with the Website, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Website.

Indemnity:

You agree to indemnify and hold harmless SMART5, its subsidiaries and affiliates from any claim, cost, expense, judgment, or other loss relating to Your use of this Website in any manner, including without limitation of the foregoing, any action You take which is in violation of the terms and conditions of these Terms of Use and against any applicable law.

Changes:

SMART5 reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes. SMART5 may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any feature(s) of the Website, at any time. SMART5 may also impose limits on certain features and services or restrict Your access to certain sections or all of the Website without notice or liability. You hereby acknowledge and agree that SMART5 may terminate the authorization, rights, and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials.

International Users and Choice of Law:

This Site is controlled, operated, and administered by SMART5 from its offices within the UK. SMART5 makes no representation that Materials on this Website are appropriate or available for use at any other location(s) outside the UK. Any access to this Website from territories where their contents are illegal is prohibited. You may not use the Website or export the Materials in violation of any applicable export laws and regulations. If You access this Website from a location outside the UK, You are responsible for compliance with all local laws.

These Terms of Use shall be governed by the laws of the United Kingdom, without giving effect to its conflict of laws provisions. You agree that the appropriate courts in the UK will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use and You hereby consent to personal jurisdiction in such forum.

These Terms of Use constitute the entire agreement between SMART5 and You with respect to Your use of the Website. Any claim You may have with respect to Your use of the Website must be commenced within one (1) year of the cause of action. If any provision(s) of these Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from these Terms of Use and the other remaining provisions of these Terms of Use shall remain in full force and effect.