Welcome to SmartR.cards (together with any related websites, collectively referred to as the “Site”), which is owned and operated by SmartR.Cards – UK. (“SmartR Cards”). Before you proceed to use the Site or any of its content, please take a moment to carefully read and understand these Terms of Use (“Terms”). By accessing or using the Site or any of its content, you signify your agreement to be bound by these Terms. If you do not agree with these Terms, please refrain from using the Site or any of its content.
By using the Site, you represent and warrant to SmartR Cards that you have the legal capacity to enter into contractual agreements, including the ability to consent to these Terms. If you are using the Site on behalf of an entity, such as your employer, you confirm that you have the authority to legally bind that entity to these Terms, and “you” in these Terms refers to both you personally and the entity you represent. In these Terms, SmartR Cards and you collectively will be referred to as the “Parties,” with each Party individually referred to as a “Party.”
**1. Subscription Agreement**
Please note that these Terms do not govern the use of SmartR Cards’s digital customer loyalty program service, and any other services provided by SmartR Cards (collectively, the “Service”). If you are accessing or using the Service, a separate agreement, known as SmartR Cards’s Subscription Agreement (currently accessible at https://smartr.digital/subscription-agreement/), or any other written contract that you and SmartR Cards may separately agree to and sign, will apply to your use of the Service.
**2. SmartR Cards Content**
The Site hosts a variety of content, including HTML, applications, messages, text, files, images, photos, videos, sounds, profiles, works of authorship, and other materials (collectively, “Content”) that are either owned by SmartR Cards or licensed to SmartR Cards by third-party licensors (“SmartR Cards Content”). It is essential to recognize that the Site, including SmartR Cards Content, is protected by various intellectual property laws, such as copyright, trademark, and trade secret laws. SmartR Cards retains all rights in the Site and SmartR Cards Content. However, SmartR Cards grants you a limited, revocable, non-sublicensable licence to access, display, and use SmartR Cards Content (excluding any computer code) solely for your personal, non-commercial use and only as necessary for accessing and using the Site. Except as explicitly allowed by SmartR Cards in these Terms or on the Site, you are not permitted to copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, or otherwise use or transfer any SmartR Cards Content. Moreover, you may not, either directly or indirectly, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice on the SmartR Cards Content, or any digital rights management mechanism, device, or other content protection or access control measure associated with the SmartR Cards Content.
**3. Trademarks**
The trademarks, logos, and service marks (“Marks”) that you may encounter on the Site are the property of SmartR Cards or third parties. You are strictly prohibited from using these Marks without obtaining prior written consent from SmartR Cards or the relevant third party.
**4. Third-Party Services**
The Site may provide links to other websites, applications, resources, advertisements, content, or products and services offered by third parties (“Third-Party Services”). It is important to note that when you access or use a Third-Party Service, you are engaging with the third-party responsible for that service, not SmartR Cards. Your use of Third-Party Services is at your own risk. SmartR Cards does not endorse or approve of these Third-Party Services, and it assumes no liability for them. SmartR Cards also makes no warranties, express or implied, regarding the accuracy or completeness of the information provided by Third-Party Services or the privacy practices of third parties. The inclusion of a Third-Party Service or a link to it on the Site does not indicate SmartR Cards’s endorsement. SmartR Cards disclaims any responsibility or liability for the content or practices of any Third-Party Service or third party, even if such Third-Party Service is linked to or from the Site.
**5. Privacy**
To understand how SmartR Cards collects, uses, and discloses information obtained through the Site, please review SmartR Cards’s Privacy Policy, which is accessible at https://smartr.digital/privacy-policy.
**6. Acceptable Use**
Your use of the Site is subject to SmartR Cards’s Acceptable Use Policy, available at https://smartr.digital/acceptable-use-policy. SmartR Cards is not responsible or liable for any user-generated content or user conduct on the Site. If you come across any misuse of the Site, please promptly report it to SmartR Cards at [email protected].
**7. Compliance with Laws**
You confirm that, by accepting and performing under these Terms, you are not in violation, and will not violate, any applicable governmental laws, rules, regulations, or orders relevant to your use of the Site (“Applicable Laws”). In particular, you agree to:
(a) Comply with Applicable Laws related to anti-bribery and anti-corruption, which includes the UK Bribery Act 2010. In the context of the UK, it’s crucial to adhere to the UK Bribery Act 2010, which sets out stringent regulations and guidelines to prevent bribery and corruption within the United Kingdom. This act applies to all businesses operating in the UK, making it imperative to establish robust anti-bribery and anti-corruption policies and practices tailored to British legal requirements.
(b) Adhere to Export Laws administered by the UK Department for International Trade or any other governmental entity imposing export controls and trade sanctions within the UK. This includes compliance with designations of countries, entities, and individuals (“Sanctions Targets”). It’s essential to understand that the UK has its own set of export control regulations, including trade sanctions and restrictions on exporting certain goods to specific countries or entities. Therefore, it’s crucial to ensure compliance with the UK’s export control regulations when conducting international trade activities from the United Kingdom.
(c) Not directly or indirectly export, re-export, or deliver any SmartR Cards software, content, or services to a Sanctions Target, or engage in any activity that violates Export Laws.
You also represent that you are not a Sanctions Target or prohibited from receiving SmartR Cards software, content, or services under Applicable Laws, including Export Laws.
**8. Global Availability**
SmartR Cards operates the Site from its offices in London, UK. If you choose to access this website from locations outside the United Kingdom, you are responsible for complying with the local Applicable Laws. SmartR Cards makes no representation regarding the worldwide availability of the products and services referenced on the Site.
**9. Indemnity**
You agree to defend, indemnify, and hold harmless SmartR Cards, its affiliates, and their respective employees, contractors, agents, officers, and directors from any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including attorneys’ fees) arising from or related to any third-party claim, suit, action, or proceeding arising from:
– Your use of the Site
– Breach of these Terms (including any SmartR Cards policy referenced herein)
– Violation of any law
– Any content that you post, upload or otherwise provide on the Site
– Any activity involving the transfer, processing, use, or storage of information in connection with the Site
**10. Disclaimers**
The Site, as well as all content and other materials made available by SmartR Cards, are provided “as is” and “as available.” SmartR Cards offers no warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law. SmartR Cards does not assume any liability or responsibility for:
(i) Errors, inaccuracies, or omissions in data or information posted, displayed, published, or made available for download or use on the Site.
(ii) Personal injury or property damage resulting from the use of the Site.
(iii) Any interruption or cessation of transmission to or from the Site.
(iv) The defamatory, offensive, or illegal conduct of any third party not under SmartR Cards’s control.
**11. Limitation of Liability**
To the maximum extent allowed by applicable law:
(a) SmartR Cards, its affiliates, and their respective employees, contractors, agents, officers, or directors will not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to damages for business interruption, loss of profits, goodwill, use, data, or other intangible losses arising from or related to the Site.
(b) SmartR Cards’s cumulative and aggregate liability under these Terms will not exceed two hundred British Pounds.
The exclusions and limitations outlined in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if you have been advised of the possibility of such damage.
**12. Responsibility for End Users**
You are responsible for ensuring that anyone using the Site with your permission or using your account on an unauthorised basis complies with these Terms. Using the Site to assist another person in activities that would violate these Terms if performed by you is considered a breach of these Terms. These Terms apply to anyone accessing or using the Site. Each provision in these Terms is interpreted to include and apply to any action taken, authorised, facilitated, promoted, encouraged, or permitted by a user of the Site, even if such person did not personally violate the provision.
**13. Termination and Monitoring**
**13.1**. SmartR Cards reserves the right to suspend or terminate your use of the Site if you violate these Terms. This applies whether a breach is committed unintentionally or without your authorisation, provided that SmartR Cards believes such suspension or termination is necessary to ensure compliance with Applicable Laws or to safeguard the rights, safety, privacy, security, or property of SmartR Cards, its customers, or third parties.
**13.2**. SmartR Cards has the right, though not the obligation, to investigate any violation of these Terms or misuse of the Site. In its sole discretion, SmartR Cards may edit, refuse to post, or remove any content that violates these Terms. SmartR Cards may report any activity suspected of violating any law or regulation to appropriate law enforcement authorities, regulators, or other third parties, which may include disclosing relevant customer data. SmartR Cards may also cooperate with appropriate law enforcement agencies, regulators, or other third parties to assist in the investigation and prosecution of illegal conduct, including by providing network and systems information related to alleged violations.
**14. Electronic Communications**
By visiting the Site or sending emails to SmartR Cards, you agree to communicate with SmartR Cards electronically. SmartR Cards will communicate with you through email or by posting notices on the Site. You acknowledge that all agreements, notices, disclosures, and other communications from SmartR Cards provided to you electronically satisfy any legal requirement for written communication.
**15. Modifications**
SmartR Cards reserves the right to modify these Terms at any time by posting a revised version on the Site. Your continued access to the Site constitutes your agreement to the most recent version of these Terms.
**16. Governing Law**
This Agreement is governed by and shall be construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising from this Agreement shall be exclusively subject to the jurisdiction and venue of the courts of England and Wales, with both parties consenting to the personal jurisdiction of these courts.
**17. Cancellations and Refunds**
Refund conditions
Refunds are made exclusively to the same bank card/payment method from which the payment was made.
Security policy
When paying for an order with a bank card, payment processing (including entering the card number) takes place on a secure page of the processing system that has passed international certification.
This means that your confidential data (card details, registration data, etc.) do not enter the online store, their processing is completely protected and no one, including our online store, can receive the client’s personal and banking data.
When working with card data, the information security standard developed by the international payment systems Visa and Mastercard-Payment Card Industry Data Security Standard (PCI DSS) is used, which ensures the secure processing of the details of the Holder’s Bank Card.
The applied data transmission technology guarantees security for transactions with Bank cards by using the Secure Sockets Layer (SSL), Verified by Visa, Secure Code protocols, and closed banking networks with the highest degree of protection.
**18. Miscellaneous**
These Terms constitute the entire agreement between the Parties, superseding all previous proposals, oral or written, and all other communications between the Parties concerning the subject matter of these Terms. In the event of any conflict between the information posted on the Site from time to time and any provision of these Terms, the relevant provision of these Terms will prevail. Any terms and conditions of any other instrument issued by you in connection with these Terms that are additional to, inconsistent with, or different from these Terms will have no force or effect. These Terms do not create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and SmartR Cards. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without SmartR Cards’s explicit prior written consent. SmartR Cards may assign, transfer, or sublicense any of its rights or obligations under these Terms without restriction. SmartR Cards’s failure to exercise or enforce any condition, term, or provision of these Terms will not constitute a waiver of such condition, term, or provision. Any waiver by SmartR Cards of any condition, term, or provision of these Terms shall not be construed as a waiver of any other condition, term, or provision. If any provision of these Terms is found to be invalid or unenforceable, the remainder of these Terms will continue in full force and effect. You agree that a printed version of these Terms and any notice provided electronically shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. SmartR Cards is not responsible for any failure to fulfil obligations resulting from circumstances beyond its control. Non-English translations of these Terms are provided for convenience only. In case of any ambiguity or conflict between translations, the English version shall be considered authoritative and controlling.
**19. Contact**
If you have any questions regarding these Terms, please feel free to reach out to SmartR Cards at [email protected].