For site users, Basic and Expert members
These are the sections most relevant for new Expert members who are thinking about subscribing.
- 6. Membership subscription and renewal
- 7. Licence for individuals to use SmartInsights.com Expert membership content
- 8. Cancellation and guarantees for refunding of membership fees.
We have tried to make our T&Cs as clear as possible within the legal definitions. If you have any questions, please contact us through our member help system.
These Terms and Conditions apply to all users of SmartInsights.com, they cover all aspects of Smart Insights including use of the blog website, and the membership and training services.
The terms ‘Smart Insights’, ‘SmartInsights.com’, ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ or ‘user’ refers to the user or viewer of our website.
Our registered office is Unit 80, 33 Great George Street, Leeds, West Yorkshire, LS1 3AJ, United Kingdom. The owner of the website can also be emailed at [email protected]. Our company is registered in England & Wales and our number is 07161735, our Company VAT number is GB 992 0870 91.
The SmartInsights.com website, including the blog and content contained in the blog, is freely available to all site users, this is subject to the terms: Licence to use smartinsights.com blog website content.
You must not use SmartInsights.com in any way that causes, or may cause, damage to SmartInsights.com or impairment of the availability or accessibility to any of the areas of, or services on SmartInsights.com.
- Unless you are a subscriber to our website, you must not access or attempt to access any area on the website that is restricted to subscribers.
- You must not use this blog in any way that causes, or may cause, damage to the blog or impairment of the availability or accessibility of the blog; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this blog 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.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this blog without our express written consent.
Your content posted to SmartInsights.com must be suitable for all users, including young people under the age of 13. Please read: User generated content.
3. SmartInsights.com comments feature
In order to use the comments feature on our blog, you must register through the Disqus web service.
Access to the blog is not restricted. We reserve the right to restrict access to areas of this blog, or indeed our whole blog, at our discretion.
4. User generated content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third-party (in each case under any applicable law).
Your user content (and its publication on this blog) must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy, or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading;
- constitute spam;
- be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
Your user content must be appropriate and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not submit any user content to the blog that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this blog, or stored on our servers, or hosted or published upon this blog.
5. Licence to use SmartInsights.com blog website content
Unless otherwise stated, we or our licensors own the intellectual property rights in the blog and material on the blog. Subject to the licence below, all these intellectual property rights are reserved.
All blog posts found on this site are property of SmartInsights.com, and are licensed under Creative Commons.
As such, you are free to share, copy, distribute and transmit the work, under the following simple restrictions:
- Attribution: You must credit the original work, complete with a link back to the source content. For any reuse or distribution, you must make clear to others the license terms of this work (a link back to this page will do the trick).
- Non-Commercial: You may not re-use content for commercial purposes (this does not include community driven websites, we’ll help here where we can).
- No Copying: You may not take this work and alter, tweak, edit and build upon it, and then call it your own. That doesn’t mean you can’t reference it in your own work, we of course encourage that and do the same
- Exceptions: Any of these conditions can be waived with written permission by the author.
- Fair use and other rights are in no way affected by the above.
In these terms, “subscription” means a right to access the restricted areas of our website described in this Section 6, and “subscriber” means a person who has such a right by virtue of this Section 6.
There are two membership levels:
- Basic membership: this is a free membership level and requires registration of the user details only
- Expert membership: this offers access to locked, paid-for content, this requires registration of the user details and paying of the appropriate membership fee. See more in Section 7
We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
You may become a subscriber by: visiting the membership page and choosing to access a paid membership subscription.
You will have the opportunity to identify and correct input errors prior to ordering your subscription by reviewing your details prior to final submission.
The subscription charges will be as set out on our website from time to time. UK users are subject to VAT, these amounts are indicated before payment. Subscription of VAT is exclusive of VAT for non-UK users.
You must pay to us the subscription charges in respect of the first and any subsequent period of your subscription in advance, in cleared funds, in accordance with the instructions on our website.
We may vary subscription charges from time to time by posting new charges on our website. However, such variations will not affect subscriptions that have already been paid for.
In common with other online services, your subscription will be automatically renewed at the end of the Billing Period. This renewal will be taken from your method of payment either one year or one month from the original date of purchase, depending on the plan signed up to, and continue every year or month from then on until cancelled by the customer.
If the customer wishes to cancel then they will need to do this at any time before the end of their Billing Period via the member profile area. They will be able to continue to access member resources until the end of the subscription period.
Though the customer can cancel at any time, they must cancel before the renewal goes through. We cannot refund your subscription once it has been paid.
Smart Insights membership involves a recurring subscription payment for access to a secure membership area within which the client can download the premium Expert member content.
Smart Insights Expert membership is covered by the 2014 EU Consumer Rights Directive regulations for downloadable "Digital Content". Since digital resources cannot be returned once accessed, by agreeing to become an Expert member a client enters into an agreement for us to supply these resources and they agree that they cannot return them once accessed - therefore refunds cannot be granted.
We provide each subscriber with a login and password to enable the subscriber to access the restricted areas of our website. Subscribers must ensure that their login and password details are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your login or password. You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person's user ID and password to access the site.
We may disable your user ID and password in our sole discretion without notice or explanation.
During the period of your subscription, you will be able to access, using the login and password details that we provide to you, the restricted membership area which provides access to Guides (ebooks) and videos.
On monthly plans you are only allowed to access 5 individual guides or resources per month. The access quota resets to 5 on the first day of each month. From 1st July 2015, any unused download credits from the previous month will be carried over for use in future months up to a maximum of 50 download credits each year. The access quota runs from the 1st to the last of each month, and is separate to your billing schedule, which recurs every month on the date you first signed up.
As we update content regularly if you access the same resource in two different months it will count toward your allowance in both months. This applies to courses as well as downloadable content.
We reserve the right to increase or decrease the number of monthly downloads allowed from time to time.
On annual plans you have unrestricted access to download guides or resources as many times as you require.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
7. Licence for individuals to use SmartInsights.com Expert membership content
SmartInsights.com Expert membership only content can only be accessed by a paid subscription.
Individual memberships can only be used by an individual within a company. If multiple people within a company want to access content, Team membership should be purchased to give individuals their own personalised username and password that they can use for personalised reviews of progress on courses and resources downloaded. We review content use for Expert membership to determine level of usage, and we may disable your user ID and password in our sole discretion without notice or explanation if we find evidence of account sharing or misuse.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
SmartInsights.com contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and our blog content).
Where content is specifically made available for redistribution, it is subject to the terms in: Licence to use smartinsights.com blog website content.
- If you are not acting as a consumer and are using the membership service in the course of your business, the Distance Selling Regulations 2000 shall not apply and Smart Insights’ cancellation policy is as follows: you may cancel any subscription during the period up until the relevant services are delivered (which is access by you to the Smart Insights paid membership section, in accordance with the relevant membership level) or the end of 30 days from the date of purchase and charge of the first subscription payment (business cancellation period), whichever is shorter. No refund applies if you have accessed more than 2 Expert member Resources during the business cancellation period. If you are not acting as a consumer and validly cancel any contract for membership services within the business cancellation period, Smart Insights shall refund to you the Fees paid for the relevant services. If you are not acting as a consumer and you cancel your membership outside the business cancellation period, the fees paid by you shall be non-refundable. For repeat subscription payments you must cancel your membership before the repeat subscription is charged - we cannot refund these once they have been charged.
- No part of any membership may be carried forward, and no credit will be given for the unused portion of any membership. All your membership benefits will expire when your membership runs out. You will be able to re-gain access to membership benefits when you take out another.
9. Email communications
10. Limited warranties
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
11. Limitations and exclusions of liability
To the extent that the blog and the information and services on the website that are provided free-of-charge or paid for training and membership, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on this blog. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
- send you one or more formal warnings;
- temporarily suspend your access to the website;
- permanently prohibit you from accessing the website;
- block computers using your IP address from accessing the website;
- contact your internet services provider and request that they block your access to the website;
- bring court proceedings against you for breach of contract or otherwise;
- suspend and/or delete your account with the website; and/or
- delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may also cancel subscriptions on 30 days' written notice without cause. Where we cancel your subscription on this basis, we will refund to you all subscription charges paid by you to us in respect of any period of subscription after the date of effective termination of the subscription (which amount will be calculated by us using any reasonable methodology).
13. Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Trade marks
Smart Insights, SmartInsights.com and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
15. Intellectual Property Infringement
Contributors to Smart Insights might share messages and information that they have electronically copied from other sources. As there are many thousands of possible sources spread out across the Internet, including press, journals and forums, it is impossible for Smart Insights to know if a posting or other content contribution infringes a third party’s Intellectual Property Rights.
If you believe that your Intellectual Property Rights have been infringed, it is your obligation to notify Smart Insights immediately. Smart Insights accepts no liability for the infringement of any Intellectual Property Right or any infringement of a third party’s Intellectual Property Rights by any of its contributors or members, though Smart Insights will endeavour to correct and protect any rights owner through reasonably appropriate action should any infringement come to light.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
20 Exclusion of third party rights
21. Third party advertising
There may be third party advertising posted on SmartInsights.com from time to time which will likely contain links to Third Party Sites. You acknowledge and accept that Smart Insights does not exercise any review or editorial control over the content of such third party advertising whatsoever. Accordingly, Smart Insights’ liability and responsibility for the content of such third party advertising on SmartInsights.com and any damage it may cause is hereby disclaimed and excluded to the maximum extent permitted by law.
Where Smart Insights provides hyperlinks to a third party site, Smart Insights shall not take any responsibility for nor does it make any warranties, representations or undertakings about the content of such site and Smart Insights does not endorse or approve the content of such third party sites. If you decide to use any link to a third party site you leave SmartInsights.com and you do so at your own risk.
Links to third-party sites in the third-party advertising or otherwise on SmartInsights.com do not imply that Smart Insights:
- is affiliated or associated with the owners of those sites;
- is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the sites; or
- any linked third-party site is authorised to use any trade mark, trade name, logo or copyright of Smart Insights.
22. Entire agreement
23. Law and jurisdiction