Terms of Service
1. Definitions and Interpretation
1.1 The definitions and rules of interpretation in this Condition 1 apply in these terms and conditions of business (the "Conditions") unless otherwise stated:-Agreement means the entire agreement between SMART Majority and the Customer comprising these Conditions, the Enrolment Form and any Credit Agreement that may be entered into.
Business Day means any day other than Saturday or Sunday that the clearing banks are open for business in the City of London;
Credit Agreement means any agreement for credit facilities entered into between the Customer and SMART Majority;
Customer means the person named on the Enrolment Form and to whom SMART Majority shall provide the Learning;
Online Learning means the provision of the Services in respect of the course(s) identified in the Enrolment Form (or such other course(s) as SMART Majority may from time to agree in writing) and all related Materials, support and tuition where applicable whether supplied by SMART Majority or a Third Party Seller;
Document means, without limitation, in addition to any books and other documents in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form regardless of the media on which it is contained;
Enrolment Form means the enrolment form completed by the Customer and submitted to SMART Majority (together with payment) detailing the course(s) which the Customer has enrolled on and specifying the Fees payable by the Customer to SMART Majority;
External Examination means any examination which is not operated or run by SMART Majority that may be available to the Customer in respect of Online Learning;
Fees means the fees payable by the Customer to SMART Majority in accordance with Condition 6.1;
Group Companies means SMART MAJORITY and its subsidiaries, SMART MAJORITY's ultimate holding company and its' subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world;
Materials means the learning and training materials comprising all Documents, information, data, records and materials provided by SMART MAJORITY relating to a Online Learning and shall include any replacement learning and training materials and books if the Customer transfers Online Learning in accordance with condition 15;
"Non-Transferable Courses" means CD Rom courses, reseller courses and Non tuition based courses;
Services means the distance learning services to be provided by SMART MAJORITY, or a Third Party Seller (as applicable), to the Customer in respect of the Online Learning as more particularly described in Condition 10;
Support Period means the period during which SMART MAJORITY shall provide the Customer with support in relation to the Online Learning as advertised;
Software means any software provided by SMART MAJORITY to the Customer as part of the Online Learning; and
Third Party Seller means a partner organisation which SMART MAJORITY has entered into an arrangement with to provide certain Online Learnings.
1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.3 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.4 A reference to writingor writtenincludes faxes and e-mail.
1.5 Singular words shall include the plural and vice versa.
1.6 Headings are included for convenience only and shall not affect the construction or interpretation of this Agreement.
2. Terms of Supply
2.1 The Customer should print a copy of these Conditions for future reference.
2.2 By placing an order through the SMART MAJORITY website, the Customer warrants that:
2.2.1 He is legally capable of entering into binding contracts; and
2.2.2 He is at least 16 years old.
2.3 In some cases, SMART MAJORITY accept orders as agents on behalf of Third Party Sellers. The resulting legal contract is between the Customer and that Third Party Seller, and is subject to the terms and conditions of that Third Party Seller, which they will advise the Customer of directly. The Customer should carefully review their terms and conditions applying to the transaction.
2.4 SMART MAJORITY may also provide links on the SMART MAJORITY website to the websites of other companies, whether affiliated with SMART MAJORITY or not. SMART MAJORITY cannot give any undertaking that Online Learnings which the Customer purchases from Third Party Sellers via the SMART MAJORITY website, or from companies to whose website SMART MAJORITY has provided a link on its website, will be of satisfactory quality, and any such warranty or representation is disclaimed by SMART MAJORITY absolutely. The foregoing does not affect the Customer's statutory rights against the Third Party Seller. SMART MAJORITY will make Customers aware when a Third Party Seller is involved in a transaction, and SMART MAJORITY may disclose information relating to the Customer to the Third Party Seller for such transaction to be performed.
Price and Payment
2.5 The price and/or Fees of any Online Learnings will be as quoted on the SMART MAJORITY website from time to time, except in cases of obvious error. These prices are in pounds sterling and include VAT where applicable.
2.6 Fees are liable to change at any time, but changes will not affect orders in respect of which SMART MAJORITY have already sent the Customer a dispatch confirmation.
2.7 The SMART MAJORITY website contains a large number of Online Learnings and it is always possible that, despite SMART MAJORITY' best efforts, some of the Online Learnings listed on its website may be incorrectly priced. SMART MAJORITY will normally verify prices as part of its dispatch procedures so that, where a Online Learning's correct Fee is less than the stated price, SMART MAJORITY will charge the lower amount when dispatching the Online Learning to the Customer. If a Online Learning's correct Fee is higher than the price stated on the SMART MAJORITY website, SMART MAJORITY will normally, at its discretion, either contact the Customer for instructions before dispatching the Online Learning, or reject the Customer's order and notify the Customer of such rejection.
2.8 SMART MAJORITY is under no obligation to provide the Online Learning to the Customer at the incorrect (lower) price, even after SMART MAJORITY has sent the Customer a dispatch confirmation, if the pricing error is obvious and unmistakeable and could or ought to have reasonably been recognised by the Customer.
3. How the contract is formed with SMART MAJORITY
3.1 After placing an order, the Customer will receive an e-mail from SMART MAJORITY acknowledging that SMART MAJORITY has received the order. Please note that this does not mean that the order has been accepted. The order constitutes an offer to SMART MAJORITY to buy a Online Learning. All orders are subject to acceptance by SMART MAJORITY, and SMART MAJORITY will confirm such acceptance to the Customer by sending the Customer an e-mail that confirms acceptance (the Confirmation). The contract between SMART MAJORITY and the Customer will only be formed when SMART MAJORITY send the Confirmation.
3.2 The contract between SMART MAJORITY and the Customer will relate only to the Online Learning for which SMART MAJORITY have confirmed acceptance in the Confirmation. SMART MAJORITY will not be obliged to supply any other Online Learning which may have been part of the Customer's order until all of the assignments within the first unit have been successfully completed by the Customer.
4. Right of Cancellation
4.1 Subject to Condition 4.3, the Customer shall have the right to cancel this Agreement within fourteen (14) Business Days from the day after purchasing by the Customer of the Course. In this case the Customer will receive a full refund of the price paid in accordance with the SMART MAJORITY refunds policy set out in Condition 8.
4.2 Cancellation must be made in writing, including letter, fax or e-mail - but not by telephone.
5. Payment
5.1 In consideration for the provision of the Online Learning the Customer shall pay to SMART MAJORITY the Fees, details of which are set out in the Confirmation.
5.2 Time for payment of the Fees shall be of the essence of this Agreement.
5.3 Except where the Customer intends to or has entered into a Credit Agreement, the Customer shall submit payment of the Fees together with the Enrolment Form by the method indicated by the Customer on the Enrolment Form. The Materials will be sent out to the Customer only on receipt of the Fees.
5.4 If the Customer fails to comply with any terms of this Agreement, SMART MAJORITY shall be entitled to recover from the Customer the reasonable costs, expenses and losses incurred by SMART MAJORITY as a result of locating the Customer, communicating with the Customer and collecting any unpaid sums. Such sums shall be payable to SMART MAJORITY on demand. In the event of legal action for breach of the payment obligations, the Customer will be responsible for all costs and expenses allowable by the court if an award is made in favour of SMART MAJORITY.
6. SMART MAJORITY Refunds Policy
6.1 When the Customer returns an Online Learning to SMART MAJORITY because the Customer has cancelled this Agreement with SMART MAJORITY within the seven-day cooling-off period (see condition 4.1), SMART MAJORITY will process the refund due to the Customer as soon as possible and, in any case, within thirty (30) days of the day the Customer has given notice of cancellation. In this case, SMART MAJORITY will refund the payment made by the Customer in full. A refund only applies if the customer has not accessed the learning material.
6.2 SMART MAJORITY will usually refund any money received from the Customer using the same method originally used by the Customer to pay for the purchase.
7. Delivery and Care of the Materials
7.1 Upon Confirmation SMART MAJORITY will reserve the relevant Materials in the name of the Customer. SMART MAJORITY will release and deliver the Materials to the Customer in compact learning units as the Customer progresses through the programme for the Online Learning.
7.2 Ownership of the Materials shall not pass to the Customer until SMART MAJORITY has received in full (in cash or cleared funds) all sums due to it in respect of:-
7.3.1 the Online Learning; and
7.3.2 all other sums which are or which become due to SMART MAJORITY from the Customer on any account.
7.4 Any dates specified by SMART MAJORITY for delivery of the Materials are intended to be an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery shall be made by SMART MAJORITY within a reasonable time.
7.5 If for any reason the Customer fails to accept delivery of any of the Materials or SMART MAJORITY is unable to deliver the Materials because the Customer has not provided appropriate instructions:-
7.5.1 risk in the Materials shall pass to the Customer;
7.5.2 the Materials shall be deemed to have been delivered; and
7.5.3 SMART MAJORITY may store the Materials until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance if applicable).
7.6 The Customer shall inspect each set of Materials promptly following delivery and inform SMART MAJORITY about any defects or omissions as soon as it is reasonably practicable to do so. In the event that there are defects or omissions, the Customer shall return the materials immediately to SMART MAJORITY whereupon a new set of Materials will be sent to the Customer, both at the expense of SMART MAJORITY.
8. Services
8.1 During the Support Period, SMART MAJORITY shall provide the Customer with support and tuition as more particularly described in the MateriaIs.
8.2 If requested, SMART MAJORITY may at its sole discretion, extend the Support Period for a fee to be agreed between SMART MAJORITY and the Customer.
8.3 SMART MAJORITY will provide the Customer with such information as is in its possession to assist the Customer in making arrangements to sit External Examinations. In all other respects, the Customer will be solely responsible for making arrangements to enable them to sit External Examinations and for any and all fees in relation thereto.
8.4 If SMART MAJORITY, in its sole discretion, assists the Customer in making arrangements to sit External Examinations the Customer acknowledges that SMART MAJORITY shall not be responsible for any losses incurred by the Customer as a result of inaccurate information provided in connection with any such arrangement except such losses caused as a direct result of a failure on the part of SMART MAJORITY to act with reasonable care and skill.
8.5 SMART MAJORITY shall use its reasonable endeavours to:-
8.5.1 provide the Services and to deliver the Online Learning to the Customer in accordance with Condition 9; and
8.5.2 meet any performance dates specified in this Agreement, but any such dates shall be estimates only and time shall not be of the essence
9. Customer's obligations
9.1 The Customer shall:-
9.1.1 co-operate with SMART MAJORITY in all matters relating to the provision of the Online Learning;
9.1.2 keep and maintain the Materials in good condition and in accordance with any instructions notified in writing to the Customer by SMART MAJORITY from time to time; and
9.1.3 not copy, dispose of, use, offer to sell, license or transfer the Materials (whether in whole or in part in any manner or form or in or on any media) other than in accordance with this Agreement or SMART MAJORITY's written instructions; and
9.1.4 retain all SMART MAJORITY course work for a period of 3 years from completion as work can be requested at any time to comply with quality assurance obligations.
9.2 If SMART MAJORITY's performance of its obligations under this Agreement is prevented or delayed by any act or omission of the Customer, SMART MAJORITY shall not be liable for any costs, charges or losses sustained or incurred by the Customer arising directly or indirectly from such prevention or delay.
10. Intellectual Property Rights
10.1 As between the Customer and SMART MAJORITY, all Intellectual Property Rights and all other rights in the Materials shall be owned by SMART MAJORITY.
10.2 In consideration of payment of the Fees, SMART MAJORITY grants the Customer the non-exclusive, non-transferable right to use and copy the Materials for his or her non-commercial private use and study. If this Agreement terminates, this licence shall automatically terminate.
11. Confidentiality
11.1 The Customer shall keep in strict confidence all Materials and any other confidential information concerning the SMART MAJORITY's business or its products which the Customer may obtain.
11.2 The Customer may disclose such confidential information as may be required by law, court order or any governmental or regulatory authority.
11.3 The Customer shall not use any confidential information obtained from SMART MAJORITY for any purpose other than for his/her personal use, including private study and External Examinations.
12. Data Protection
12.1 SMART MAJORITY will handle personal information in accordance with the terms of its privacy policy.
12.2 The Customer acknowledges and agrees that personal data will be processed by and on behalf of SMART MAJORITY in connection with the provision of the Online Learning.
13. SMART MAJORITY course transfer facility
13.1 If a Customer wishes to transfer to a different course offered by SMART MAJORITY, SMART MAJORITY may at its sole discretion agree to such transfer.
13.2 Unless the Customer is paying under a Credit Agreement, if SMART MAJORITY agrees that the Customer may transfer to a different course, SMART MAJORITY will transfer any fees paid to that date for the Online Learning that the Customer wishes to discontinue (the "Discontinued Online Learning") towards the amount payable for the new SMART MAJORITY course to which it has been agreed that the Customer may transfer PROVIDED THAT:-
13.2.1 SMART MAJORITY receives payment for the balance of the Fees if any due in respect of the new Online Learning (if more expensive than the Discontinued Online Learning); or
13.2.2 the appropriate transfer fee of has been paid to SMART MAJORITY to cover tuition and/or administrative costs;
13.3 In no circumstances is a course transferable if:
13.3.1 it is a Non-Transferable Course; or
13.3.2 once all course materials have been issued; or
13.3.3 after a period of 3 months from enrolment; or
13.3.4 within 6 months of completion of the course; or
13.3.5 account payment is in arrears
14. Warranties
14.1 SMART MAJORITY warrants that:-
14.1.1 the Materials will be of satisfactory quality and reasonably fit for all the purposes for which materials of the kind are commonly supplied (however SMART MAJORITY does not warrant that the Materials will be error free); and
14.1.2 it will perform the Services with reasonable skill and care.
14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
15. Limitation of Liability
15.1 This Condition 17 sets out the entire financial liability of SMART MAJORITY (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Customer in respect of:-
15.1.1 any breach of this Agreement;
15.1.2 any use made by the Customer of the Online Learning or any part of them; and
15.1.3 any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Agreement.
15.2 Nothing in this Agreement limits or excludes the liability of SMART MAJORITY:-
15.2.1 for death or personal injury resulting from its negligence or the negligence of its employees or agents; or
15.2.2 for any damage or liability incurred by the Customer as a result of fraud or fraudulent misrepresentation by SMART MAJORITY;
15.2.3 any other liability that cannot be limited or excluded by law.
15.3 Subject to Condition 17.2, SMART MAJORITY's total liability arising in connection with the performance, or contemplated performance, of this Agreement, shall be limited to the price paid by the Customer for the Online Learning.
15.4 Subject to Condition 17.2 SMART MAJORITY shall not be liable to the Customer for:-
15.4.1 any loss of profits, anticipated savings, turnover, loss of business, contracts, data, depletion of goodwill or similar losses or pure economic loss (whether direct or indirect in nature);
15.4.2 any indirect loss or damages which happen as a side effect of the main loss or damage;
15.4.3 loss or damage caused by SMART MAJORITY in circumstances where there is no breach of legal duty owed by SMART MAJORITY to the Customer;
15.4.4 loss or damage which is not a reasonably foreseeable result of any breach of this Agreement by SMART MAJORITY; and/or
15.4.5 any claims brought against the Customer by any other party in each case however arising.
15.5 Subject to Condition 17.4, if the Customer has taken out an SMART MAJORITY damage cover plan, SMART MAJORITY will replace free of charge any Materials which are accidentally lost, damaged or stolen during the Support Period provided any claims are made in accordance with the terms of the SMART MAJORITY damage cover plan. Notwithstanding the foregoing, SMART MAJORITY will not be obliged to replace free of charge any Materials if any monthly instalments of the Fees or any other sums are due and remain unpaid as at the date of the claim.
16. Termination
16.1 Without prejudice to any other rights or remedies which SMART MAJORITY may have, SMART MAJORITY may terminate this Agreement (after the expiry of a Default Notice served on the Customer in terms of the Consumer Credit Act 1974 where appropriate) without liability to the Customer immediately on giving notice to the Customer if the Customer fails to pay any amount due under this Agreement including, but not limited to the Fees on the due date for payment and remains in default not less than seven days after being notified in writing to make such payment.
16.2 Either SMART MAJORITY or the Customer may terminate this Agreement at any time if the other party commits a material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within thirty (30) days of that party being notified in writing of the breach.
17. Consequences of Termination
17.1 Termination of this Agreement, however arising, shall not affect or prejudice the accrued rights of the parties as at expiry or termination or the continuation of any provision expressly stated to survive, or implicitly surviving, termination.
17.2 On termination of this Agreement for any reason:-
17.2.1 the Customer shall immediately pay to SMART MAJORITY all outstanding sums, including, without limitation, Fees;
17.2.2 the Customer shall, within ten (10) Business Days, return all of the Materials, including copies of all or any part of the Materials. Until such time as the Materials, including copies, have been returned or repossessed, the Customer shall be solely responsible for their safe keeping; and
17.2.3 Conditions 1 (Definitions and Interpretation), 6.4 (Payment), 7 (Import Duty), 12.1 (Intellectual property rights), 13 (Confidentiality), 16.2 (Warranties), 17 (Limitation of Liability), 19 (Consequences of Termination), and 30 (Governing Law and Jurisdiction) shall survive termination of this Agreement and continue in full force and effect.
18. Force majeure
18.1 SMART MAJORITY shall have no liability to the Customer under this Agreement if it is prevented from, or delayed in performing, its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of SMART MAJORITY or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
19. Variation
19.1 SMART MAJORITY may, from time to time and without notice, amend Online Learnings and the terms and conditions of this Agreement in order to comply with changes in technology, changes in payment methods or changes in applicable regulatory or statutory requirements, provided that such changes do not materially affect the nature of the Online Learnings.
19.2 Subject to Condition 21.1, no variation of this Agreement or these Conditions or of any of the documents referred to in them shall be valid unless it is in writing and signed by or on behalf of each of the parties.
20. Waiver
20.1 If, at any time during the course of a credit agreement, the Customer notifies SMART MAJORITY that he / she no longer wishes to pursue the Online Learning SMART MAJORITY may, at its absolute discretion, agree to waive its rights to the sums payable under condition 4.1 upon payment by the customer of an administration fee, upon condition that the Customer waives all rights to delivery of any and all materials. This fee will be a % of your course fees.
20.2 A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. No failure or delay by a party in exercising any right or remedy under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
20.3 Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.
21. Severance
21.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
21.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
22. Entire agreement
22.1 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
22.2 Each party acknowledges that, in entering into the Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract. Nothing in this Condition 24 shall limit or exclude any liability for fraud.
23. Assignation
23.1 The Customer shall not, without the prior written consent of SMART MAJORITY (which SMART MAJORITY will not withhold or delay unreasonably), assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.
23.2 SMART MAJORITY may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent, but this will not affect the Customer's rights under this Agreement.
23.3 If there is an assignation pursuant to this Condition 25, SMART MAJORITY may disclose to any proposed assignee any information in its possession that relates to this Agreement or its subject matter, the negotiations relating to it and the Customer which it is necessary to disclose for the purposes of the proposed assignation.
23.4 Each party is acting on its own behalf and not for the benefit of another person.
24. No partnership, joint venture or agency
24.1 Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between SMART MAJORITY and the Customer, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.
25. Written Communications
25.1 Applicable laws require that some of the information or communications SMART MAJORITY send should be in writing. The Customer accepts that communication with SMART MAJORITY will be mainly electronic. SMART MAJORITY will contact the Customer by e-mail or provide the Customer with information by posting notices on the SMART MAJORITY website. For contractual purposes, the Customer agrees to this electronic means of communication and the Customer acknowledges that all contracts, notices, information and other communications that SMART MAJORITY provides to the Customer electronically comply with any legal requirement that such communications be in writing. This condition does not affect the Customer's statutory rights.
26. Notices
26.1 Any notice or other communication required to be given under this Agreement shall be in writing and shall be delivered personally, or sent by e-mail or by post to the other party and for the attention of the person or as otherwise specified by the relevant party by notice in writing to the other party.
26.2 Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to in Condition 28.3, or if sent by e-mail 24 hours after the e-mail is sent, or if sent by post at 9.00 am on the second Business Day after posting. In proving the service of any notice, it will be sufficient to prove, in the case of a letter that such letter was properly addressed, stamped and placed in the post and in the case of an e-mail that such an e-mail was sent to the specified e-mail address of the addressee.
26.3 The following addresses shall be the addresses to which any notice or other communication should be sent in relation to this Agreement:-
26.3.1 SMART MAJORITY and
26.3.2 Customer:the last known e-mail address or address of the Customer as supplied by the Customer to SMART MAJORITY and in each case as the same may be updated in writing from time to time.
26.4 The Customer shall notify SMART MAJORITY immediately in writing of any change of address or contact details.
26.5 Any complaints should be addressed in terms of SMART MAJORITY Complaints Policy.
27. Rights of third parties
27.1 Save as expressly provided in this Agreement, no term of this Agreement shall be enforceable by a third party (being any person other than the parties and their permitted successors and assignees).
28. Governing law and jurisdiction
28.1 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with Scots law.
28.2 The parties irrevocably agree that the Scottish Courts shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject matter or formation (including non-contractual disputes or claims).
SMART Majority Privacy Policy
For the purposes of the Data Protection Act 1998 the data controller is SMART Majority.
Information we collect
When you visit our site (our site), you may provide us with two types of information:-
(1) personal information that you knowingly choose to disclose, which is collected on an individual basis and
(2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse our site.
In some cases, if you choose not to provide us with the requested information, you may not be able to access all of our site's functionality, content or services.
Personally identifiable information you choose to provide:
We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. For example:-
-You may provide us with details about yourself so that we can send you information about our products and services. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services, including signing up to our email newsletter. The details we ask for vary with the products and services that you request. The relevant on-line entry page will give you more information about how we might use and share those details and your choices.
- If you wish to purchase our products or services through our site, you may need to provide us with information so that we can complete that transaction, including your debit or credit card information.
- You may be asked to disclose personal information to us so that we can provide assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Non-personally identifiable information we collect:
Cookies/Web server logs: similar to other commercial websites, our site uses standard technology called "cookies" and web server logs to collect information about how our site is used. Cookies are a feature of web browser software that allows web servers to recognise the computer used to access a web site. Cookies are small pieces of data that are stored by a user's web browser on the user's hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us to estimate our audience size and usage pattern, to store information about your preferences, and so allow us to customise our site according to your individual interests, to speed up your searches and to recognise you when you return to our site. Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our site and the web sites visited just before and just after our site. This information is collected on an aggregate basis. None of this information is associated with you as an individual.
You can, of course, disable cookies on your computer by indicating this in the preference or options menus in your browser. However, it is possible that some parts of our site will not operate correctly if you disable cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. You should consult with your browser's provider/manufacturer if you have any questions regarding disabling cookies. By accessing our website you are accepting that you agree with our collection of this data.
Where we store your information
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing.
Security
We will take all steps reasonably necessary to ensure that your information is treated securely and in accordance with this privacy policy. We do so by limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorised access. However, no system and no data transmission over the internet can be guaranteed to be completely secure.
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
How we use your information
We use information held about you in the following ways:-
-To ensure that content from our site is presented in the most effective manner for you and for your computer.
-To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
-To carry out our obligations arising from any contracts entered into between you and us.
-To allow you to participate in interactive features of our service, when you choose to do so.
-To notify you about changes to our service.
We may also use your information, or permit selected third parties (including, without limitation, companies within our group) to use your information, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post and telephone.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
If you are a new customer, and where we permit selected third parties to use your information, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your information in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your information (the registration form).
How to access and/or modify your information or choices
If you visit our site and volunteer personally identifiable information, you may modify, correct or update such information at any time by visiting/where you will have the opportunity to access and revise certain of your personally identifiable information and to update your preferences regarding what information you want to receive from us. You can do this by visiting the Contact Uspage and sending us an email.
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may disclose your personal information to third parties:-
-In the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets.
-If we or substantially all of our assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets.
-If we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms and conditionsand other agreements; or to protect the rights, property, or safety of SMART Majority, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Your rights
You have the right to ask us not to use your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your information. You can also exercise the right at any time by contacting us at
reachus@SMARTmajority.com
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
Changes to our privacy policy
From time to time, we may change our privacy policy. If we make a change, it will not affect the choices you have made about any information you gave us before that change. Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.
How to reach us
We are committed to working with you to answer any questions or address any issues you may have about your privacy.
You have the right to request details of the information held by us about you. Any such request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
At any time you may ask us to correct or update any of your information.
Unless exceptional circumstances apply, SMART Majority will not charge individuals for processing complaints.
You can contact us by emailing us at Reachus@SMARTmajority.com