Website terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Other applicable terms
- Our acceptable use policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this acceptable use policy.
If you purchase services from our site, our terms and conditions of service will also apply to you.
Information about us
http://www.smartlittleweb.com is a site operated by Jelerang Limited (we or us). We are a limited company registered in England and Wales under company number 05043138 and have our registered office and main trading address at Suite One, Park Farm Barn, Brabourne Lees, Ashford, Kent TN25 6RG. Our VAT number GB 844 1859 08.
Changes to these terms
Please check this page from time to time to take notice of any changes we make, as they are binding on you.
Changes to our site
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 However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.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.
Accessing our site
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 be uninterrupted. Access to our site is permitted on a temporary basis only. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
Intellectual property rights
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.
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.
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.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
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 (as the case may be).
No reliance on information
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.
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.
Limitation of our liability
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.
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:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
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.
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.
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.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our terms and conditions of service.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our acceptable use policy.
The views expressed by other users on our site do not represent our views or values.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. 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. 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.
Linking to our site
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.
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.
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.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of content on our site other than that set out above, please contact [email protected].
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
"Jelerang" and "Smart Little Web" are trade marks of Jelerang Limited.
To contact us, please email [email protected].
Thank you for visiting our site.
User terms of Service
These Terms will apply to any contract between us for the supply of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them, before activating your account on our site. Please note that by registering on our site or by activating an account created for you by us or a Smart Little Web Associate on our site, you agree to be bound by these Terms and the other documents expressly referred to in them. Your attention is particularly drawn to the provisions of clause 15.
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to register or to activate your account on our site, as appropriate.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in clause 10.
Please note that these Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website http://www.smartlittleweb.com. We are Jelerang Limited, a company registered in England and Wales under company number 05043138 and with our registered office at Suite One, Park Farm Barn, Brabourne Lees, Ashford, Kent TN25 6RG. Our main trading address is 1 – 2 Stable Offices, Main Road, Standon, Winchester, Hampshire SO21 2JH. Our VAT number is GB 844 1859 08.
1.2 To contact us, please see our Contact Us page .
2.1 Definitions. In these Terms, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Commencement Date: has the meaning set out in clause 3.2.
Content: the content of our site and Your Site, including Your Content.
Contract: the contract between you and us for the provision of the Service in accordance with these Terms.
Domain Name: an internet domain name that is registered through a Registry.
Fair Use Policy: the then current policy that sets out the limits that we do not expect the use of Your Site to exceed, which policy we may vary from time to time. Our current Fair Use Policy is set out on your on our site.
Fee(s): the fee(s) payable by you for the Services in accordance with clause 6.
ICANN: the Internet Corporation for Assigned Names and Numbers.
Intellectual Property Rights: 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.
Order: your order for additional Services following your Registration.
PayPal: the online payment service operated in the UK by PayPal (Europe) S.à r.l. et Cie, S.C.A and elsewhere in the world by PayPal Inc and other subsidiaries of PayPal.
Registration: your registration to use the Service as set out in the Registration Form.
Registration Form: the online form available on our site, which you complete and submit to us when you register with us and order your first Services.
Registry: any of the Domain Name registries or registrars operated under the rules of ICANN.
Services: the various website building, hosting and related servicesfor businesses (and each of them) detailed on our site at http://www.smartlittleweb.com.
Shop: a type of Service that we provide that enables you to operate Your Site as an ecommerce site.
Smart Little Web Associates: has the meaning set out in clause 3.11.
Terms: these terms and conditions as amended from time to time in accordance with clause 10.
Your Content: all Content that you or your employees, agents and contractors create, upload, publish or otherwise provide or use in connection with your use of the Services, including (but not limited to) the content provided by you to us from time to time for incorporation into Your Site.
Your Data: any data that you give to us or let us access about you, your business, your actual or prospective customers or the products and services that you sell and any other data identified as “Your Data” in the Service Terms, but excluding Our Data.
Your Site: any site that we build and host for you as part of the Services.
2.2 Construction. In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and emails.
3. Basis of contract and duration
3.1 The Registration Form or your Order or your activation of an account created for you by us or a Smart Little Web Associate constitutes your offer to order the Service from us in accordance with these Terms.
3.2 Your Registration or Order or activation of an account created for you by us or a Smart Little Web Associate shall only be deemed to be accepted when we send you an email confirming our acceptance of your Registration, Order or account activation (Registration Confirmation, Activation Confirmation or Order Confirmation, as the case may be), at which point and on which date the Contract between us shall come into existence (Commencement Date).
3.3 The Contract constitutes the entire agreement between you and us, and you acknowledge that you have not relied on any statement, promise or representation (whether made or given by us or on our behalf) which is not set out in the Contract.
3.4 Any descriptive matter or advertising issued by us or displayed on our site is for the sole purpose of giving an approximate idea of the Service described in them. They shall not form part of the Contract or have any contractual force.
3.5 These Terms apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3.6 Some Services require a one-off payment, such as (but not limited to) set-up, logo design, etc (One-off Services). Services for which payment is required on an annual basis are available for rolling 12-month contract periods. Except in relation to One-off Services, unless specifically stated to the contrary in the details of the Service you purchase, the minimum contract term for all Services is 12 months.
3.7 Unless you confirm that you wish to cancel the Services by emailing us at [email protected] no less than one working day prior to the end of the then current contract term, your Services will be automatically renewed for a further contract term of 12 months.
3.8 If you upgrade your Services plan, a new 12 month contract term will begin and you will be charged the relevant new Fee, minus an allowance in respect of the remainder of your current Services plan, as set out in clause 6.3.
3.9 It is not possible to downgrade your Services plan or remove any extra Services during each 12 month contract period. If you wish to make any such changes, you must give us notice in writing no less than five working days prior to the end of the then current contract term
3.10 Unless specifically stated to the contrary in the details of the Service you purchase, or agreed by us in writing prior to purchase, Services are not available on a trial basis. It is your responsibility to ensure that the Services you purchase are suitable for your technical requirements.
3.11 You may have been introduced to us by one of our affiliates (known as Smart Little Web Associates) or we may introduce you to a Smart Little Web Associate. Where this is the case:
(a) Any services offered or provided to you by a Smart Little Web Associate are offered or provide on their sole account and any resulting contract or arrangement is between you and the Smart Little Web Associate. It is your sole responsibility to pay for their services. You acknowledge and agree that we are not responsible for, and shall have no liability in respect of, the services provided to you by, or the actions or omissions of, such Smart Little Web Associate.
(b) You agree that the Smart Little Web Associate will have full access to your account with us, will be able to order Services on your behalf, and, in relation to Your Site, will be able to publish, update, add, and remove content and other materials. You accept that you are responsible and liable, whether to us or any third party, for all such action taken by the Smart Little Web Associate, as if such action had been taken by you, and you agree to pay all Fees relating to Services ordered in your behalf by the Smart Little Web Associate.
(c) You may remove the Smart Little Web Associate’s access to your account at any time by logging into your account and selecting the relevant option.
4. Supply of the Service
4.1 Our Service is designed for users based in the UK. If you are located outside the UK you must ensure that it is lawful for you to receive the Services in the jurisdiction in which you are legally domiciled or other relevant jurisdiction and that the way in which the Services are provided or Your Site is set-up or operates will not breach, or cause you to breach, the laws of such jurisdictions(s). We shall have no liability in respect of any such breaches and you agree to indemnify us and keep us indemnified and defend us at your own expense against all costs, claims, damages or expenses incurred by us or for which we may become liable due to any failure by you or your employees or agents to comply with your obligations under this clause 4.1.
4.2 We will begin providing the Services to you as soon as reasonably practicable after we send you the Registration Confirmation, Activation Confirmation or Order Confirmation (as the case may be) and in any case within 30 days.
4.3 Once we have sent you the Registration Confirmation, Activation Confirmation or Order Confirmation, you will be able to access Your Site, which will be an empty, basic sample site, ready for you to populate and personalise.
4.4 Although we aim to offer you the best service possible, we make no promise that the Service will meet your requirements, and we make no warranties or representations as to the prominence of your site within search engine results or as to the business that you will generate through your site.
4.5 We cannot and do not give any warranty or representation that any Services will be uninterrupted or free of faults, and we will not be liable for any loss of, or corruption to, Your Site or Your Data that may happen due to your use of the Services. You agree that your use of the Services is at your own risk and that you have sole responsibility for protecting Your Data and Your Content when making any use of the Services. You accept that all of the Services are provided "as is" and without any warranty of any kind. If any representations or guarantees apply to the Services by law, we exclude those as far as it is within our rights to do so. If a fault occurs in any Services you should report it to us immediately by contacting us on [email protected] and we will attempt to correct the fault as soon as we reasonably can.
4.6 Your access to the Services or the availability of the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
4.7 We reserve the right at any time to make any changes to the Services which are necessary to comply with any applicable laws or regulations, or which do not materially affect the nature or quality of the Services.
4.8 Some of our Services rely on third parties (including, but not limited to, Google, Facebook, Mailchimp, PayPal and Twitter, and externally hosted code libraries such as jquery, fontawesome and bootstrap) to do certain things. You acknowledge that:
(a) we may not be able to provide a particular Service feature where you do not meet criteria set down by a relevant third party;
(b) we do not have any control or exercise influence over the third party’s own services; and
(c) a third party’s service may stop or change from time to time. You acknowledge that these are Events Outside Our Control and we will not be responsible for any impact these events may have.
4.9 Your Site may include ‘contact form’ functionality that allows visitors to Your Site to submit messages to you. Occasionally, these messages may be delayed or not received at all and we shall have no liability to you for this.
4.10 The Services do not include the provision of computer or other necessary equipment to access the Services. To use the Services you will require internet connectivity and appropriate telecommunication links. We will not be liable for any telephone or other costs that you may incur.
4.11 Registration for the Services and activation of an account created for you by us or a Smart Little Web Associate are conducted in the English language only.
5. Your obligations
5.1 When registering to use the Services or activating an account created for you by us or a Smart Little Web Associate, you agree to provide (or check that the information already detailed is) true, accurate, current and complete information about your business as prompted by the Services registration process or account information fields (Registration Details). You further agree that, in providing (or checking) such Registration Details, you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated Registration Details via our site, or otherwise advise us promptly in writing of any such changes or updates. You also agree to update your Registration Details (including, but not limited to, your current email address) as soon as they change.
5.2 When you register to use the Services or activate an account created for you by us or a Smart Little Web Associate, you will be prompted need to enter a unique user name and password to access your account (User ID). If a User ID has already been created for you by us or a Smart Little Web Associate, for security reasons you should immediately change the password to one of your choosing. You agree that you will not allow another person to use your User ID to access or use the Services under any circumstances. You agree that you are solely and entirely responsible for your User ID and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. We are not liable for any charges, damages, liabilities or losses caused by or related to the theft of your User ID, your disclosure of your User ID, or you allowing another person to access and use the Services using your User ID.
5.3 Your User ID must not include any of the following:
(a) spaces or tabs;
(b) obscene or profane words;
(c) email addresses or website addresses or representations of email addresses or website addresses;
(d) another user’s username;
(e) the @, &, ', (, ), <, or > symbols;
(f) consecutive underscores (__);
(g) an underscore (_), dash (-) or full stop (.) at the beginning of a username; or
(h) the words “Smart Little” or “Jelerang”.
5.4 You are solely and entirely responsible for any and all use of your account, including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorised use of your account or any other breach of security known to you.
5.5 You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Services cannot be guaranteed.
5.6 You are responsible for the accuracy and completeness of Your Content.
5.7 You confirm that you have (and will maintain for the term of the Contract) all the necessary permissions, licences and consents (in all relevant countries) to allow you and us to use Your Content and Your Data in connection with the Services. You will provide evidence of the necessary permissions, licences and consents if requested by us.
5.8 You acknowledge that we are not under a duty to publish any of Your Content or Your Data. We may remove, reject or delete any of Your Content or Your Data for any reason. Without limiting our rights under clause 11, we may also change any of Your Content or Your Data if we consider it does not comply with our Acceptable Use Policy, although we are not required to do this.
5.9 You acknowledge and accept that you are responsible for Your Content and Your Data and any use that is made of them by any third party.
5.10 Whilst we do not set limits on your usage of our Services (for example, the number of images that you may upload to Your Site, the number of emails that you send or receive, or the bandwidth used by Your Site), your usage is subject to our Fair Use Policy. If we think your use of the Services is excessive, we will tell you. If you do not reduce your usage, we may suspend or cancel your access to the Services. We may also set limits on your use of the Services, for example, a maximum number of images that you may upload or a maximum number or maximum size of emails sent or received over the Service, etc.
5.11 Use of our email service is subject to the terms of our third party email services supplier, which can be found at http://www.rackspace.com/information/legal/mailterms.
5.12 We also offer integration of your Google Apps email service (if you have one). We simply configure the MX records of the domains we manage for you as part of the Services so as to use Google’s mail servers. We are not responsible for the performance or support of your Google Apps service.
6. Fees and payment
6.1 The fees for the Services shall be as set out on the Prices page of our site from time to time, and are charged either per item or at such frequency as is stated (Fee(s)).
6.2 The Fees are subject to change at any time and will be as published on our site. You will automatically be charged the revised Fee from the next payment date following the end of that notice period unless you cancel the relevant Service in accordance with clause 16.2 before that date.
6.3 If you upgrade your Services plan as set out in clause 3.8, we will charge you the relevant Fee for 12 months of the upgraded Services plan minus a pro rata allowance in respect of the unexpired part of your previous Services plan.
6.4 For Fees that are invoiced in advance, payment must be made online using a credit or debit card via our online portal or via online invoices that we will send to you. For ongoing services (for example, website hosting), payment must be made online with a credit or debit card via our online portal and will be automatically renewed at the renewal date each year (the due date). If you do not pay the Fees by the due date, we may suspend or cancel the Services under clause 16. For Fees that are payable during checkout, payment must be made via PayPal, using either your PayPal balance or by a credit or debit card accepted by PayPal, or by such credit or debit card that is accepted by any other payment gateway we use.
6.5 In the event that you fail to pay the Fees on the due date for any reason, your relevant Service(s) will be cancelled automatically and without further notice with effect from the due date in question, and we will cease to provide those Services to you from that date without any further liability to you on our part. We shall have no obligation to preserve any data or information relating to the cancelled Service(s) (including but not limited to website design, images, content or emails), any and all of which may be irretrievably deleted immediately on cancellation.
6.6 For Fees related to the to website setup of services payment must be paid in advance and the website setup will be deemed complete 90 days from the date of payment. Any additional website setup work undertaken will attract additional payment and you will need to pay for any related ongoing services (for example a web hosting plan) to retain the setup work already completed.
6.7 All amounts payable by you under the Contract are subject to value added tax at the then current rate (VAT). All prices quoted on our site are inclusive of VAT.
6.8 Where we offer an initial discount for the first year of providing the Services, on renewal the then current full fee(s) for the relevant Service(s) will apply.
7. Domain names
7.1 The Registry may reject applications for Domain Names based on its standard rules for handling applications. We do not guarantee that any application we make on your behalf for a Domain Name will be accepted.
7.2 If your preferred choice of Domain Name is not available, we will give you the option to select an alternative Domain Name. If your preferred Domain Name becomes unavailable between checkout and registration we will advise you of this and we will either offer you an alternative Domain Name or (at your option) refund to you any Fees that you have paid us in respect of the relevant Domain Name.
7.3 We do not give any guarantee that any of your preferred Domain Names are available or are able to be registered. Any actions that you take before we notify you that the Domain Name has been officially registered, for example publishing your preferred Domain Name, are at your own risk.
7.4 You will need to inform both us and the Registry promptly of any:
(a) change to your registered details for the Domain Name, for example your contact information; and
(b) actual or potential claims brought by or against you in connection with the Domain Name.
7.5 We will renew any Domain Names we have registered for you automatically at the end of each registration period unless you cancel the Domain Name(s) or any Service which comes with the Domain Name,(s) or if you sell or otherwise transfer the Domain Name(s) to a third party. You acknowledge that the fees for renewing the Domain Name(s) may change each year and that this may affect the overall Fees that you pay for the Services.
7.6 We will not be liable for any loss that you suffer as a result of your failure to renew the Domain Name registration once you have cancelled the Domain Name or any Service which comes with the Domain Name, or if you have sold or otherwise transferred the Domain Name to a third party.
7.7 When we register or renew your registration of a Domain Name you understand and accept that we will be acting on your behalf as your representative. You must comply with the terms and conditions, rules and policies of the Registry or Registries where the Domain Names are registered.
7.8 If the Domain Name is to be transferred from one Registry to another, you will provide any assistance that we or the Registries require in order for the transfer to take place.
7.9 When we provide you with a domain name we act as a reseller of Open SRS. As well as complying with the terms and conditions, rules and policies of the relevant Registry or Registries available here), you must at all times comply with their Master Domain Registration Agreement (MDR) for each Domain Name that we register on your behalf. This is an agreement between you and Open SRS and the wording is standard for any agreement relating to registering a Domain Name, whether this is done through us or directly with a Registry, and we are unable to change the wording of the MDR. We strongly recommend that you read the MDR (and any documents, rules and policies referenced and linked to within the MDR) very carefully and that if necessary, you seek independent legal advice to ensure that you have fully understood the MDR. In particular you should carefully consider the clauses relating to “liability” and “indemnities” contained in the MDR as these may affect your legal rights.
7.10 We also recommend that you read ICANN's Registrants’ Rights and Responsibilities document. This document contains important information about your rights and duties relating to the Domain Name that we provide to you.
8.1 This is a bolt-on service and to Your Site which you must purchase separately.
8.2 We offer two types of Shop:
(a) Full e-commerce (customer, order and delivery details are taken and payment is made by the customer);
(b) Click-to-collect (customer and order details are taken, but no payment is made by the customer. Instead, a reservation is generated for the customer to bring to your retail location where the sale can be completed face-to-face).
8.3 Our provision of a full e-commerce Shop (as detailed in clause 8.2(a) above) to you is conditional on you at all times having a valid PayPal merchant account of the type required for the integration into Your Site of PayPal’s payment gateway. All payment transactions through Your Site are made through PayPal, not us, and we shall have no responsibility or liability in relation to any such payment transactions.
9. Service Availability; Security
9.1 You understand and acknowledge that the Services are not intended to be error free and that from time to time the Services may contain errors, may not be unavailable or may not be fully functional. This may be as a result of maintenance (whether planned or not), repairs or updates, equipment failures, high volumes of internet traffic, interruption of telecommunications or digital transmissions links, network or system errors or many other factors.
9.2 We will try to minimise any disruption to your use of the Services, however, we do not promise that any Service will be provided on a continuous and uninterrupted basis, or that we will be able to correct any error that occurs in the Services. We will not be liable for any interruptions to the availability of the Services or their functionality, whether caused by an Event Outside Our Control (as defined in clause 19.1(a)) or otherwise.
9.3 You agree to notify us immediately that you notice any problems with the availability or functioning of the Services so that we can try to fix them.
9.4 We may temporarily suspend any Service at any time if:
(a) we consider that it is necessary to carry out essential maintenance;
(b) we consider that it is necessary to prevent or respond to hacking attempts, service attacks or other similar activities directed at our systems, or to deal with any other emergency technical issue;
(c) we have reason to believe that your User ID has been compromised or is being misused or where you fail to respond to emails from us regarding your contact information or the Services; or
(d) suspension is required by a third party with authority, including (but not limited to) ICANN and judicial, regulatory or governmental bodies.
9.5 Although all information transmitted to us is stored in operating environments which we believe are within industry standards for security, you acknowledge and agree that no data stored on or transmitted over the internet can be guaranteed to be 100% secure. We are not responsible for any security breach or any interception or interruption of Your Content, Your Data or any communications that you send through your use of the Services.
9.6 You are solely responsible for securing and backing up Your Content and Your Data.
10. Our right to vary these terms
10.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) changes in the Services we provide or how we operate our business.
10.2 If we have to revise these Terms under clause 10.1, we will give you at least onemonth's written notice of any changes to these Terms before they take effect. You can choose to cancel the Contract in accordance with clause 16.2, in which case we will cease to provide the Services from the date on which we receive your cancellation notice and we will refund on a pro rate basis the fees relating to the unused portion of any service period that you have prepaid.
11. Intellectual property rights and other rights granted
11.1 We own all Intellectual Property Rights in or arising out of or in connection with the Services and our site.
11.2 You retain all Intellectual Property Rights in Your Content, and grant us a licence to such Intellectual Property Rights to the extent required to provide the Services and to perform our obligations pursuant to this Contract.
11.3 Except as set out clause 11.4, all Intellectual Property Rights in any works arising in connection with the performance of the Services by us (Works) shall be our property, and we hereby grant you a non-exclusive licence to such Intellectual Property Rights for the purposes of hosting the Site.
11.4 In relation to optional logo design and copy writing for which separate additional Fees are charged (Design Work), all Intellectual Property Rights in such Design Work shall be vested in you, and upon payment of the Fee(s) relating to the Design Work or the creation of the Design Work (whichever is the later), we assign to you, with full title guarantee and free from all third party rights, the Intellecttual Property Rights in the Design Work, together with the right to sue for and recover damages or other relief in respect of infringement of them.
11.5 You grant to us a worldwide, non-exclusive, sub-licensable, perpetual and irrevocable right to access, use, copy, store, modify and publish Your Content and Your Data, on Your Site and our site or through any other form of media, for any purpose in connection with the Services or the Contract, for our own marketing, research and promotional activities (including sharing Your Content and Your Data with selected third party social media and networking sites) and for our internal business purposes, except where this is in any way restricted by any term of the Contract or by any applicable laws.
11.6 You agree that we may undertake a site scrape of your existing website (if you have one) that you have all the rights to the content on your existing website to allow us:
(a) to perform the site scrape on your behalf; and
(b) to use, fully access, copy, store, compile, recompile and index (at your request) any of the scraped content on Your Site and in the provision of your Services including but not limited to any data and copyright works comprised therein, or any portion thereof, by automated means including web 'spiders' or 'crawlers',
and you authorise us to conduct the site scrape on your behalf.
11.7 In no event will we be liable for any claims that the content scraped from your existing website infringes the Intellectual Property Rights of any third party. If you are in any doubt as to ownership of the content of your existing website you must tell us not to perform a site scrape. This grant shall apply notwithstanding any contrary terms and conditions which you may apply to such website from time to time. Your continued use of the Services shall constitute a waiver of any applicable contrary terms and conditions and any other rights you may have, contractual or otherwise, to restrict the rights granted to us under this clause 11.7.
11.8 We may transfer the rights granted to us under this clause 11 to a third party.
11.9 Any stock images that we place on Your Site are licensed to us by the relevant copyright owner for this purpose and you may not use them anywhere else. You are not permitted to use such images on Your Site unless it is hosted by us.
11.10 We will transfer to you the ownership of any domains that we have ordered for use with Your Site, as soon as reasonably practicable.
11.11 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that Your Content infringes any Intellectual Property Rights of a third party.
11.12 In relation the indemnities set out in clauses 11.3 and 12.3 (but not as preconditions to them):
(a) we will promptly notify you in writing of the action or claim;
(b) we will make no admissions or settlements without your prior written consent;
(c) we will give you all information and assistance that you may reasonably require; and
(d) we will allow you complete control over the litigation and settlement of any action or claim.
12. Your Site content
12.1 We will update Your Site with Your Content as provided from time to time by you, but no more than once in any month during the term of this agreement. Where you have been introduced to us by a Smart Little Web Associate or we have introduced you to one, and that Smart Little Web Associate is providing services to you in relation to Your Site and our Services, the Smart Little Web Associate may make such requests on your behalf or may implement such updates itself. In any event, you shall ensure that Your Content does not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, blasphemous or in breach of any third party Intellectual Property Rights) (Inappropriate Content).
12.2 We shall include only Your Content and material created by us on Your Site. You acknowledge that where the functionality of Your Site allows Visitors to add content or material to Your Site, we have no control over any content placed on Your Site by Visitors and that we will not monitor the content of Your Site. Notwithstanding this, we reserve the right to remove content from Your Site where we reasonably suspect such content is Inappropriate Content. We will notify you if we become aware of any allegation that content on Your Site may be Inappropriate Content.
12.3 You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that Your Content or any other material posted to, or linked to, Your Site constitutes Inappropriate Content.
12.4 We may include the statement “Powered by the Smart Little Web” (or similar) on the home page of the Site in such format as we shall determine.
13. Data protection
13.1 In this clause 13, Personal Data has the meaning given in the Data Protection Act 1998.
13.2 We warrant that, to the extent we process any Personal Data on behalf of you:
(a) we shall act only on instructions from you; and
(b) we have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.
14. Incentive scheme
14.1 We may from time to time and at our sole discretion offer a referral incentive scheme (Incentive Scheme) to our customers, on and subject to the provisions of this clause 14 and to the terms of the Contract generally.
14.2 Subject to clause 14.4 and to the conditions set out in clause 14.3:
(a) we will credit your next Fee invoice with 10% of the value of the Services ordered from us by a business that you recommend to us,
and the value of the Services for the purposes of determining the discount shall be the base Fee excluding any extras such as Domain Names, email boxes, additional sites, setup costs or service costs.
14.3 Your entitlement to the discount(s) referred to in clause 14.1 is subject to the following:
(a) The business referred to us must be a new business to us (and for the purposes of this clause 14.2, a new business shall be taken to mean a business which is not currently, and has not at any time been, a paying customer of ours;
(b) The new business in question orders Services from us and pays the relevant Fee(s);
(c) The new business pays all relevant Fees;
(d) The new business identifies you to us by name, unique referral code or website address prior to ordering paid Services from us (such identification can be made by email, phone or entering the information on our site);
(e) You are, at the time the referral is made, still a current customer for the Services;
(f) At the time the referral is made, all Fees and any other sums due to us from you under the Contract are fully paid and up to date;
(g) Discounts cannot be applied retrospectively. They will only be credited to your next Fee invoice that is issued and excess balances (for example, if the total value of the discount exceeds the value of your next Fee invoice) cannot be carried forward and will be lost; and
(h) Discounts cannot be exchanged for cash and have no cash value.
14.4 We reserve the right to amend, modify, cancel or withdraw the Incentive Scheme at any time and without notice. In the unlikely event of any dispute, our decision will be final, and no correspondence will be entered into in relation to the Incentive Scheme.
15. Limitation of liability: your attention is particularly drawn to this clause
15.1 The Services are provided by us without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, we do not warrant that our site, the Services or the Content is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
15.2 In particular, we disclaim all liabilities in connection with the following:
(a) incompatibility of the Content with any of your equipment, software or telecommunications links;
(b) technical problems including errors in or interruptions to the Services; and
(c) unreliability or inaccuracy of the Content.
15.3 Except as expressly and specifically provided in these Terms:
(a) we shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Services, or any actions taken by us at your direction;
(b) any breach of this Contract by you or any act, misrepresentation, error or omission made by you or on your behalf; and
(c) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
15.4 Subject to clause 15.7, we are not responsible for any indirect or consequential losses which happen as a side effect of the main loss or damage, or for any:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of actual or anticipate profits;
(d) loss of the use of money;
(e) loss of contracts;
(f) loss of anticipated savings;
(g) loss of opportunity;
(h) loss of goodwill;
(i) loss of reputation;
(j) loss of, damage to or corruption of data; or
(k) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise,
provided that this clause 15.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.6 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.4.
15.5 Subject to clause 15.7, shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:
(a) interruptions to the flow of data to or from the internet;
(b) changes, updates or repairs to the network or software which we use as a platform to provide the Services;
(c) the effects of the failure or interruption of Services provided by third parties;
(d) factors outside of our reasonable control;
(e) your actions or omissions (including, without limitation, breach of your obligations set out in the Contract) or those of any third parties;
(f) problems with your equipment and/or third party equipment;
(g) interruptions to the Services requested by you.
15.6 Subject to clause 15.7, our liability for losses you suffer as a result of us breaking these Terms is strictly limited to the total amount of the Fees you paid to us in the 12 months preceding the event giving rise to such liability.
15.7 The exclusions and limitations set out in clauses 15.4 and 15.6 do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.8 This clause 15 will survive termination of the Contract for any reason.
16. Suspension and cancellation
16.1 We may suspend or cancel the Services (or any of them) immediately at our reasonable discretion if you breach any of your obligations under the Contract.
16.2 You can cancel any Service at any time by informing us in writing. If you do so, we will stop providing that Service immediately.
16.3 Except as set out in clause 10.2, regardless of the reason for cancellation, and whether we or you cancel, you will not be entitled to receive a refund of all or any part of the Fees paid.
16.4 The suspension or cancellation of the Services (or any of them) and/or the termination of the Contract and/or your right to use the Services shall not affect either your or our rights or liabilities.
17.1 Either party may terminate this Contract immediately at any time by written notice to the other party if:
(a) that other party commits any material breach of its obligations under this Contract which (if remediable) is not remedied within 30 days after the service of written notice specifying the breach and requiring it to be remedied; or
(b) that other party:
(i) ceases to trade (either in whole, or as to any part or division involved in the performance of this agreement); or
(ii) becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or
(iii) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or
(iv) the ability of that party’s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party’s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(v) any process is instituted which could lead to that party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction).
17.2 On termination of this Contract by us pursuant to clause 17.1, all licences granted by us under this Contract shall terminate immediately.
17.3 On expiry or termination of this Contract, all provisions of this agreement shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.
18. Discontinuation of Services
We reserve the right to discontinue the Services (or any of them or any part of them) without notice to you and shall not be liable to you if we exercise these rights. Where reasonably practicable, we will try to give you reasonable notice of any discontinuation of the Services. Even if we discontinue the Services entirely, you will not be entitled to receive a refund of all or any part of any Fees you have already paid.
19.1 Event Outside Our Control:
(a) For the purposes of this Contract, Event Outside Our Control means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or that of 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.
(b) We will not be liable to you as a result of any delay or failure to perform our obligations under the Contract as a result of an Event Outside Our Control.
(c) If the Event Outside Our Control prevents us from providing all or part of the Services for more than 2 weeks, we will, without limiting our other rights or remedies, have the right to terminate the Contract immediately by giving written notice to you.
19.2 Assignment and subcontracting:
(a) We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
(b) You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, at its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other party's main fax number.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.
(c) This clause 19.3 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include emails, and for the avoidance of doubt notice given under this Contract shall not be validly served if sent by email.
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract 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.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
19.6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
19.7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
19.8 Except as set out in these Terms, any variation, including the introduction of any additional terms and Terms, to the Contract, shall only be binding when agreed in writing and signed by us.
This Contract, 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, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Jelerang Limited (we or us) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Jelerang Limited of Suite One, Park Farm Barn, Brabourne Lees, Ashford, Kent TN25 6RG.
Information we may collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our site my.smartlittleweb.com (our site) or by corresponding with us by phone, email or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a service, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey and when you report a problem with our site. It also includes access credentials that you give us in relation to third party services that you use (such as, but not limited to, domain hosts, email hosts, email accounts, etc), which we will use to assist us in providing our services to you. The information you give us may include your name, address, email address and phone number, financial and credit card information, personal description and photograph.
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
- Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
Uses made of the information
We use information held about you in the following ways:
- Information you give to us. We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information and services that you request from us;
- to provide you with information about other services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (email or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, 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 data in this way, or to pass your details on to third parties for marketing purposes, you can check the relevant boxes on your “My Account” page, once you have registered, or at any other time by unsubscribing from emails once you receive them or by contacting us at [email protected].
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
- Information we collect about you. We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with 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 share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
- Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you.
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 data to the prospective seller or buyer of such business or assets.
- If Jelerang Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
Where we store your personal data
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 data, we cannot guarantee the security of your data transmitted to our site, and 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.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data 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 your “My Account” page or by unsubscribing from emails once you receive them. You can also exercise the right at any time by contacting us at [email protected].
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 data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access 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.
Acceptable use policy
This acceptable use policy sets out the terms between you and us under which you may access our website my.smartlittleweb.com (our site) and use our services (Services). This acceptable use policy applies to all users of, and visitors to, our site and to all users of our Services.
my.smartlitteweb.com is a site operated by Jelerang Limited (we or us). We are a limited company registered in England and Wales under company number 05043138 and we have our registered office and main trading address at Suite One, Park Farm Barn, Brabourne Lees, Ashford, Kent TN25 6RG. Our VAT number is GB 844 1859 08.
You may use our site and Services only for lawful purposes. You may not use our site or Services:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
- access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site or as part of the Services, including, without limitation:
- Chat rooms.
- Bulletin boards.
- User comments
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).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, 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.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
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.
These content standards apply to any and all material which you contribute to our site or provide to us in relation to the Services (contributions), and to any interactive services associated with our site or the Services.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site or the Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site or Services.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site or in connection with the Services.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
Fair use policy
This fair use policy sets out the terms between you and us under which you may access our website my.smartlittleweb.com (our site) and use our services (Services). This fair use policy applies to all users of, and visitors to, our site and to all users of our Services.
my.smartlitteweb.com is a site operated by Jelerang Limited (we or us). We are a limited company registered in England and Wales under company number 05043138 and we have our registered office and main trading address at Suite One, Park Farm Barn, Brabourne Lees, Ashford, Kent TN25 6RG. Our VAT number is GB 844 1859 08.
Our services are intended for the use of smaller, local and independent businesses. We require that you use the services in a way befitting this type of organisation.
We are entitled to deem any use as unsuitable. Our criteria for assessment will be largely driven by the impact your use has upon the overall platform. Where your use causes an excessive burden upon the shared platform we may deem it as not fair.
Some simple examples of what might cause and excessive burden:
- Using your website to distribute 100s of images to 1000s of people, like an image library.
- Using your website to promote a large scale event that will attract tens of thousands of visitors.
- Using your website to sell high volume items that will result in thousands of purchases each day.
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Examples of purposes for which a cookie may be used:
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