Smart Insights Terms and Conditions

For site users, free and premium members

These terms and conditions define the legal terms of use of Smart Insights for all users and members including free and premium members.

These are the sections most relevant for new premium members who are thinking about subscribing.

 

• Membership subscription and renewal
• Licence to use SmartInsights.com premium membership content
• Cancellation of membership.

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.

1. Introduction

These terms of use govern your use of SmartInsights.com; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, then please do not use our website.

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.

If you subscribe to SmartInsights.com, free or paid membership, we will ask you to expressly agree to these terms of use during sign-up.

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 1 Aire Street, Leeds, LS1 4PR, 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.

Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our Privacy Policy, which also explains how we use cookies in a lot more detail.

2. Terms of use for the smartinsights.com blog and membership website

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.

SmartInsights.com also contains paid membership subscription content that has different terms of use, please reference: License to use smartinsights.com membership 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.

1. 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.
2. 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.
3. 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.
4. 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.

You may access our RSS feed by clicking on the orange RSS icon.  By accessing our RSS feed you accept these terms of use.  Subject to your acceptance of these terms of use, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable licence to display our RSS feed in unmodified form on any [non-commercial] website owned and operated by you. It is a condition of this licence that you include a credit for us and hyperlink to this blog on each web page where the RSS feed is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form).  We may revoke this licence at any time, with or without notice or explanation.

3. SmartInsights.com comments feature

We reserve the right to remove any comments at our discretion, and for whatever reason.

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

In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this blog, for whatever purpose, this includes guest posts and comments against blog posts.

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.

You warrant and represent that your user content will comply with these terms of use.

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:

1. be libellous or maliciously false;
2. be obscene or indecent;
3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. infringe any right of confidence, right of privacy, or right under data protection legislation;
5. constitute negligent advice or contain any negligent statement;
6. constitute an incitement to commit a crime;
7. be in contempt of any court, or in breach of any court order;
8. be in breach of racial or religious hatred or discrimination legislation;
9. be in breach of official secrets legislation;
10. be in breach of any contractual obligation owed to any person;
11. be untrue, false, inaccurate or misleading;
12. constitute spam;
13. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
14. 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 use this blog to link to any website or web page consisting of or containing material that would, were it posted on this blog, breach the provisions of these terms of use.

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.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, 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:

1. 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).
2. 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).
3. 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
4. Exceptions: Any of these conditions can be waived with written permission by the author.
5. Fair use and other rights are in no way affected by the above.

6. Membership subscription and renewal

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 three membership levels:

1. Free membership: this is a free membership level and requires registration of the user details only
2. Learner 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
3. Starter/Professional 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.

We will not file a copy of these terms of use specifically in relation to each subscriber and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website.  For this reason, we recommend that subscribers print and file a copy of these terms of use for future reference.

These terms of use are provided in the English language only.

The subscription charges are be as set out on our website. UK and EU users are subject to VAT and the subscription price is inclusive of VAT at their local rate. Subscription price is exclusive of VAT for non-UK and EU 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.

Your subscription will be activated automatically following receipt of your subscription charges in cleared funds.  Depending on your chosen plan, your subscription will continue for either one month or one year (the Billing Period), subject to early termination in accordance with these terms of use.

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. 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 member content.

Smart Insights premium 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 a premium 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.

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.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

7. Licence for use of SmartInsights.com premium membership content

SmartInsights.com Learner and Starter/Professional premium membership only content can only be accessed by a paid subscription.

Learner and Starter memberships can only be used by an individual. If multiple people want to access content, Professional 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. A license must be purchased for every person that needs any access to any materials - sharing of these is expressly forbidden in our licensing.

When purchasing membership using a payment method belonging to a company, you are agreeing that you have permission to enter into an agreement for a recurring subscription for the company, and that the subscription will remain in place and be renewed using that payment method unless cancelled by an individual with company consent to do so.

We automatically monitor account activity for premium membership by monitoring the IP addresses used to access the site and also monitoring the number of simultaneous logins per subscriber account. Our fair use policy allows 5 IP addresses in a 30 day period, and 3 active logins within a 30 minute period. If this is exceeded, your account will be locked. If this occurs, contact our support team, who can offer you the ability to upgrade and pay for a suitable license to cover your usage. We reserve the right to cancel your account without refund in our sole discretion in the case of suspected account sharing.

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 may view, download for caching purposes only, and print web pages and any guides, for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

1. republish material from this website (including republication on another website);
2. sell, rent or sub-license material from the website;
3. show any material from the website in public;
4. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial or non-commercial purpose;
5. edit or otherwise modify any material on the website; or
6. 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.

8. Cancellation of membership

You purchase membership as a consumer if you purchase Learner or Starter Membership using a personal debit card or credit card. Learner and Starter membership is a service contract regulated by the Consumer Contracts Regulations 2014. For repeat subscription payments you must cancel your membership before the repeat subscription is charged.

You purchase membership as a company if you purchase any membership using a company payment method such as bank transfer, credit card, debit card or on invoice. The membership belongs to that company and it is bound to these terms and conditions.

 

For repeat subscription payments of Learner or Starter membership you must cancel your membership before the repeat subscription is charged by contacting us via the Intercom support bubble which shows bottom right of the website - click this to open it, and click "messages". Please note we require 2 working days notice (Monday-Friday inclusive) prior to your renewal to process your cancellation.

 

Please note - we do not offer refunds of either first or renewal payments - for any reason - once a subscription has been charged.

 

For Professional membership, you must send your cancellation request via email to [email protected] no later than 90 days before your renewal date, which is detailed in your business membership contract. We do not offer refunds of either first or renewal payments - for any reason - once a subscription has been charged.

9. Communications

The process for registration of membership allows each member to sign up for email, SMS updates and our weekly newsletter service. All Information provided as part of this process will be handled in accordance with the Privacy Policy. Each Member shall have the opportunity to opt out of the email, sms alerts and newsletter service at any time.

10. Limited warranties

You acknowledge that the information published on this website is submitted by a combination of authors and site users, and that we do not edit all such information unless in direct breach of the website terms of use. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

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.

12. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third-party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

11. Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1. send you one or more formal warnings;
2. temporarily suspend your access to the website;
3. permanently prohibit you from accessing the website;
4. block computers using your IP address from accessing the website;
5. contact your internet services provider and request that they block your access to the website;
6. bring court proceedings against you for breach of contract or otherwise;
7. suspend and/or delete your account with the website; and/or
8. 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).

In addition to our rights and remedies above, if a subscriber breaches these terms of use in any way, or if we reasonably suspect that a subscriber has breached these terms of use in any way, we may cancel the subscriber's subscription.  Where we cancel your subscription for this reason, or take any other action against you under this Section, we will not refund to you the subscription charge or any element of the subscription charge you have paid.

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.

16. Competitions

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).

17. Variation

We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website.  Please check this page regularly to ensure you are familiar with the current version.

18. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a subscriber and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

19. Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20 Exclusion of third party rights

These terms of use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.  The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

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:

1. is affiliated or associated with the owners of those sites;
2. is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the sites; or
3. any linked third-party site is authorised to use any trademark, trade name, logo or copyright of Smart Insights.

22. Entire agreement

These terms of use, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

23. Law and jurisdiction

These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.