1. Information about us

1.  is a site operated by Smartsend Finance Limited.

2. Changes to these terms

1. We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

3. Changes to our site

1. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

4. Accessing our site

1. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or available without interruption.
2. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice.
3. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
4. You are responsible for making all arrangements necessary for you to access our site.
5. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

5. Use of our site

1. You may only use our website for lawful purposes. You must comply with the acceptable use terms set out in this section.
2. You must not, and you must not allow another person to, use our website (including any content or materials on it):
   1. In any way that breaches any applicable local, national or international law or regulation;
   2. In any way that is fraudulent, or has any fraudulent purpose or effect (including by misrepresenting your identity or account information);
   3. To access or interfere with another person’s records, impersonate another person or create or use a false identity or email address;
   4. For your own or another person’s commercial purposes;
   5. To harm or attempt to harm minors in any way;
   6. To transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”);
   7. To obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated;
   8. To modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website;
   9. To scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it;
   10. To use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or
   11. In any way that is not authorised by us or is detrimental to us or our third party service providers.
3. You must not, and you must not allow another person to access without authority, interfere with, damage or disrupt any part of our website, any software, the server or other equipment or network used in the provision of our website (including where owned or used by any third party).
4. We may from time to time provide interactive services on our website, including, for example, for you to review and comment on the services and products that we third party providers provide.
5. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
6. We are under no obligation to oversee, monitor or moderate any interactive service we provide on our website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
7. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
8. These content standards set out in the following terms apply to any and all material which you contribute to our website and to any interactive services associated with it.
9. You must comply with the following standards. The standards apply to each part of any contribution as well as to its whole. Contributions must:
   1. Be accurate (where they state facts);
   2. Be genuinely held (where they state opinions); and
   3. Comply with applicable law in the UK and in any country from which they are posted.
10. Contributions must not:
    1. Contain any material which is defamatory of any person;
    2. Contain any material which is obscene, offensive, hateful or inflammatory;
    3. Promote sexually explicit material, violence or any illegal activity;
    4. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    5. Infringe any copyright, database right or trade mark of any other person;
    6. Be likely to deceive any person;
    7. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    8. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
    9. Be likely to harass, upset, embarrass, alarm or annoy any other person;
    10. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
    11. Give the impression that they emanate from us, if this is not the case; or
    12. Advocate, promote or assist any unlawful act including copyright infringement or computer misuse.

6. Consequences of breach of the acceptable use terms

1. We may monitor and log user activity, and any material contributed by users, for security purposes and in order to identify any actual or potential misuse of our website.
2. Failure to comply with our acceptable use terms constitutes a material breach of these Terms.
3. If we have reason to believe that you have, or you are likely to, use (or allow another person to use) our website in breach of our acceptable use terms, we may take such action as we reasonably deem appropriate including:
   1. immediate, temporary or permanent withdrawal of your right to use our website or associated services;
   2. immediate, temporary or permanent removal of any material contributed by you to our website;
   3. legal proceedings against you; and/or
   4. disclosure of such information to law enforcement authorities or regulators as we reasonably consider is appropriate.

7. Intellectual property rights

1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
5. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8. No reliance on information

1. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

9. Limitation of our liability

1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
3. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
   1. use of, or inability to use, our site; or
   2. use of, or reliance on, any content displayed on our site.
4. If you are a business user, please note that in particular, we will not be liable for:
   1. loss of profits, sales, business, or revenue;
   2. business interruption;
   3. loss of anticipated savings;
   4. loss of business opportunity, goodwill or reputation; or
   5. any indirect or consequential loss or damage.
5. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
7. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

10. Viruses

1. We do not guarantee that our site will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access our site.
3. You should use your own virus protection software.
4. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
5. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
6. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

11. Linking to our site

1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to our site in any website that is not owned by you.
4. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
5. We reserve the right to withdraw linking permission without notice.

12. General

1. The headings used in these Terms are for convenience only and shall not affect their interpretation
2. In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
3. Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
4. We shall not be liable for any delay or failure to perform any obligation under these terms if the delay or failure is caused by circumstances beyond our reasonable control.
5. Nothing in these terms is intended to confer on any person any right to enforce any term of these terms which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
6. Each of the provisions of these terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.
7. Failure or delay by us in enforcing these terms shall not be a waiver of that or any other provision of these terms.
8. You may not assign any of your rights or obligations under these terms.
9. These terms (including our Privacy Policy and Cookie Policy) constitute the whole agreement and understanding between you and us in relation to their subject matter and the use of our website. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these terms or your use of our website are superseded, except as otherwise expressly stated in these terms.
10. You agree that any notices and other communication may be given by us by email or posted on our website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.

13. Applicable law

1. If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
2. However, if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
3. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

14. Contact us

1. To contact us, please email support@smartsend.uk