The following are the terms and conditions of use of the getsmartbills.com and getsmartathome.com websites and telephone call centres. Please make sure you understand these terms and conditions carefully before you use our website or call us.
By using the getsmartathome.com or getsmartbills.com websites or call centres you indicate that you accept these terms and conditions.
If you do not accept these terms and conditions do not use the getsmartathome.com or getsmartbills.com websites or call centres
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Parties
This Agreement is made between you the customer ('Customer') and Getsmart Bills Limited ('GetSmart') Company No 06750433 Registered in England.
In this Agreement:
'Law' means any law, statute or regulations, guidelines or codes of conduct in any jurisdiction to which GetSmart or the Customer is from time to time subject;
'Service' and 'Services' means the service provided by GetSmart through our website or call centres whereby the Customer may obtain impartial information on the Suppliers and the products and services they offer and potentially transact with the Suppliers for the provision of those services and/or products;
'Software' means any software utilised by GetSmart to enable the Customer to use the Service;
'Supplier' means any supplier of services and or products selected by GetSmart and who is listed on the GetSmart website from time to time.
GetSmart reserves the right to amend these terms and conditions at any time and amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to GetSmart if the Customer does not wish to be bound any new terms and conditions. Continued use of the Service or the GetSmart website will be deemed to constitute acceptance of the new and prevailing terms and conditions.
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Provision of the Service
Use of the Services the GetSmart websites and the GetSmart call centres are subject to the terms and conditions set out in this Agreement.
The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers.
GetSmart will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the Supplier and GetSmart shall in no circumstances have any liability whatsoever in respect of any such transaction.
GetSmart will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction.
The Customer acknowledges that where relevant GetSmart may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers.
GetSmart does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the GetSmart website, the GetSmart call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness and fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.
GetSmart will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However the Customer acknowledges that prices and offers are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.
GetSmart does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately reliably and in a timely manner or at all.
GetSmart may at any time withdraw any Supplier (or any product or service provided by a Supplier).
Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or GetSmart website:
to send or receive any material which is offensive, indecent or which breaches the Law of England and Wales or which is defamatory or anby person or organisation.
to cause inconvenience or annoyance.
to intercept or attempt to intercept any communications transmitted.
If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, GetSmart may suspend the Customer's use of the Services.
GetSmart reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.
The Customer grants GetSmart the right to use and distribute world-wide any material transmitted by the Customer via the Services save where such message is transmitted by way of private correspondence.
Content accessed using the Services which is the property of the applicable content owner or Supplier may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.
Resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of GetSmart or the relevant Supplier is expressly prohibited.
The use of false data including but not limited to false names and addresses of contact details and the fraudulent use of credit/debit card numbers is expressley prohibited.
Attempting to circumvent GetSmart's security or network is expressley prohibited.
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Payment
Use of the GetSmart website is currently free.
The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier.
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Passwords
Any password allocated to or created by the Customer in relation to the GetSMart websites shall be kept confidential by the Customer.
The Customer shall immediately notify GetSmart if any authorised third party becomes aware of that password.
The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service.
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Intellectual property rights
All intellectual property rights including the 'look and feel' in the GetSmart websites and all content and softwareshall remain the property of GetSmart.
GetSmart, getmsmartbills.com, getsmartathome.com, getsmartathome.co.uk and the GetSmart logos are trade marks of GetSmart. You must not use these without the prior written permission of GetSmart.
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Termination
GetSmart shall be entitled to suspend the Services and/or terminate this Agreement if:
the Customer commits a breach of Clause 2.
The right to terminate this Agreement shall not prejudice any other right or remedy of GetSmart in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
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Customer Breach
The Customer shall compensate GetSmart in full for each loss liability or cost incurred by GetSmart arising out of any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password.
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Limitation of Liability
Nothing in these terms and conditions shall affect GetSmart's liability save those liabilities which cannot by Law be excluded or restricted. GetSmart's only duty is to exercise reasonable care and skill.
GetSmart does not warrant and excludes all liability in respect of the accuracy or fitness for purpose of any information accessed using the Services.
Except as provided in section 8 above, GetSmart shall not be liable in contract tort or otherwise for any loss or damages suffered as a result of any use of the Services.
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Data Protection
GetSmart shall comply with all applicable data protection laws in the UK.
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No Partnership / Agency
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the Customer and GetSmart.
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Assignment
The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. GetSmart shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.
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Force majeure
GetSmart shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control.
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Entire Agreement and No Waiver
This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements.
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Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales and both parties hereby submit to the non-exclusive jurisdiction of the courts of England and Wales.