Smart Group Scotland Terms of Service

If you create an account or use any interactive area of the website, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under that account.

You must not describe or assign keywords, information or content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.

Smart Group Scotland may change or remove any description, keyword or content that it considers inappropriate, unlawful or likely to cause liability.

You must immediately notify Smart Group Scotland of any unauthorised use of your account or any other breach of security.

If you comment, post material, post links or otherwise make material available by means of the website, you are entirely responsible for the content of, and any harm resulting from, that content.

By making content available, you represent and warrant that:

• The downloading, copying and use of the content will not infringe the proprietary rights of any third party.
• If your employer has rights to intellectual property you create, you have permission to make the content available or have secured a waiver of rights.
• You have complied with any third-party licences relating to the content.
• The content does not contain or install viruses, worms, malware, Trojan horses or other harmful content.
• The content is not spam, machine-generated or randomly generated.
• The content does not contain unethical or unwanted commercial content designed to mislead or manipulate search rankings.
• The content is not pornographic, threatening, violent or in breach of privacy or publicity rights.
• The content is not promoted through unwanted electronic messages or unsolicited promotional methods.
• The content is not named or presented in a way that misleads readers into thinking you are another person or company.
• Where content includes computer code, you have accurately described its type, nature, uses and effects.

By submitting content to Smart Group Scotland for inclusion on the website, you grant Smart Group Scotland a worldwide, royalty-free and non-exclusive licence to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting it on the website.

Smart Group Scotland has the right, but not the obligation, to refuse or remove content that it considers harmful, objectionable or in breach of policy.

By selecting a product or service, you agree to pay Smart Group Scotland the one-time, monthly or annual subscription fees indicated.

Subscription payments may be charged on a pre-pay basis and will cover the use of that service for the relevant monthly or annual subscription period.

Payments are not refundable unless otherwise agreed in writing or required by applicable law.

Unless you notify Smart Group Scotland before the end of the applicable subscription period that you wish to cancel, your subscription may automatically renew and you authorise Smart Group Scotland to collect the applicable renewal fee using the payment mechanism held on record.

Subscriptions and upgrades can be cancelled by submitting your request to Smart Group Scotland in writing.

By signing up for a services account or engaging Smart Group Scotland for products or services, you agree to pay the applicable setup fees, product fees and recurring fees.

Applicable fees may be invoiced from the day services are established and in advance of using such services.

Smart Group Scotland reserves the right to change payment terms and fees upon thirty days’ prior written notice.

Services can be cancelled by you at any time on thirty days’ written notice to Smart Group Scotland, unless otherwise stated in a separate agreement.

Where support is included, Smart Group Scotland will make reasonable efforts to respond within one business day. Support will be provided in accordance with Smart Group Scotland’s standard practices, procedures and policies.

Smart Group Scotland cannot review all material, including software, posted to or made available through the website and cannot be responsible for that material’s content, use or effects.

By operating the website, Smart Group Scotland does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content.

Smart Group Scotland disclaims any responsibility for harm resulting from the use of the website or from any downloading of content posted on it.

Smart Group Scotland has not reviewed and cannot review all material made available through websites and webpages to which this website links, or that link to this website.

Smart Group Scotland does not have control over non-Smart Group Scotland websites and webpages and is not responsible for their content or use.

By linking to a non-Smart Group Scotland website or webpage, Smart Group Scotland does not represent or imply that it endorses that website or webpage.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive content.

Smart Group Scotland respects the intellectual property rights of others.

If you believe that material located on or linked to by this website violates your copyright, you are encouraged to contact Smart Group Scotland.

Smart Group Scotland will respond to notices as required or appropriate, including by removing infringing material or disabling links to infringing material.

Smart Group Scotland may terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of copyright or other intellectual property rights.

This Agreement does not transfer from Smart Group Scotland to you any Smart Group Scotland or third-party intellectual property.

All right, title and interest in and to such property will remain solely with Smart Group Scotland or the relevant third-party owner.

Smart Group Scotland, the Smart Group Scotland logo and all other trademarks, service marks, graphics and logos used in connection with the website are trademarks or registered trademarks of Smart Group Scotland or its licensors.

Your use of the website grants you no right or licence to reproduce or otherwise use any Smart Group Scotland or third-party trademarks.

Smart Group Scotland reserves the right to display advertisements, attribution links, theme author details, font attribution or similar website credits where applicable.

Where paid, ad-free or bespoke services are agreed, the presence of advertising or attribution may be governed by the relevant agreement or service package.

By activating or using a partner product or third-party product connected to the website, you agree to that partner’s terms of service.

You may opt out of those terms by deactivating or ceasing use of the relevant partner product, subject to any separate contractual arrangements.

If you are registering, using or transferring a domain name, you acknowledge and agree that use of the domain name may also be subject to the policies of the Internet Corporation for Assigned Names and Numbers, including its registration rights and responsibilities.

Smart Group Scotland reserves the right, at its sole discretion, to modify or replace any part of this Agreement.

It is your responsibility to check this Agreement periodically for changes.

Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Smart Group Scotland may also offer new services or features through the website in the future. Such new features and services shall be subject to these Terms of Service.

Smart Group Scotland may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately.

If you wish to terminate this Agreement, you may discontinue using the website.

If you have a paid services account, termination rights and obligations may be governed by the relevant service terms or agreement.

Provisions of this Agreement that by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The website is provided “as is”.

Smart Group Scotland and its suppliers and licensors disclaim warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Smart Group Scotland does not warrant that the website will be error-free or that access to it will be continuous or uninterrupted.

You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.

In no event will Smart Group Scotland, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for:

• Any special, incidental or consequential damages.
• The cost of procurement for substitute products or services.
• Interruption of use, loss of data or corruption of data.
• Any amounts that exceed the fees paid by you to Smart Group Scotland under this Agreement during the twelve-month period prior to the cause of action.

Smart Group Scotland shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that:

• Your use of the website will be in strict accordance with the Smart Group Scotland Privacy Policy, this Agreement and all applicable laws and regulations.
• Your use of the website will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless Smart Group Scotland, its contractors, licensors, directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the website, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between Smart Group Scotland and you concerning the subject matter of these Terms of Service.

These terms may only be modified by a written amendment signed by an authorised representative of Smart Group Scotland, or by the posting of a revised version by Smart Group Scotland.

Except to the extent applicable law provides otherwise, this Agreement and any access to or use of the website will be governed by the laws of Scotland.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement, or any breach of it, will not waive that term, condition or any subsequent breach.

This Agreement will be binding upon and will benefit the parties, their successors and permitted assigns.