Terms & Conditions
The purpose of this SMART Work website and related services (“our site”) is to provide employees in any type of organisation with a toolkit that is free of charge, to help them sit less and move more at work. Data collected will be used for research purposes, research collaborations, publications, presentations and other media.
Our site is a collaborative work of Leicester and Loughborough Universities and any reference to “Universities”, “us”, “our” or “we” shall be taken to mean Leicester and Loughborough Universities jointly.
Terms of Use
These Terms of Use (together with the documents referred to in it), (“Terms”) tells you the terms of use on which you may make use of our site at www.smartworkandlife.co.uk whether as a guest, registered user or organisation hosting a link to our site and promoting its use by your employees. Use of our site includes accessing, browsing, or registering to use it.
By using our site, you confirm that you accept these Terms and that you agree to comply with them.
Other Applicable Terms
These Terms refer to and expressly incorporate the following additional terms, which also therefore apply to your use of our site:
- Privacy Policy Leicester Privacy Policy and Loughborough Privacy Policy set out the terms on which each one of us process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Acceptable Use Policy This Terms of Use set out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Terms of Use.
- Cookie Policy. The password protected areas of this site incorporate the use of cookies. Cookies are small data text files that are sent from a server computer during a browsing session. Cookies are typically stored on your computers hard drive and are used by the site to simulate a continuous connection to that site. Cookies involve placing small amounts of information on your device, for example, your computer or mobile phone. These include small files known as cookies and the website provider cannot identify you personally using them. These pieces of information are used to improve services for you through, for example:
- enabling the website to recognise your device so you don’t have to give the same information multiple times during one task;
- measuring how many people are using online services to ensure that there is enough capacity to make them work efficiently, and look at ways to make them easier to use.
- Most web browsers allow you to control cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org.
Changes to These Terms
We reserve the right to change these Terms and notices under which our site is offered. We will do this by altering these Terms on our site and the alteration will then be of immediate effect. For this reason, you should regularly visit these Terms on our site as the current version will be binding on you.
Changes to our Site
We may update our site from time to time and may change the content at any time. 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.
Accessing and use of our Site
Our site is made available free of charge to users.
We do not guarantee that our site, or any content on it, will always be available, accurate and free from errors or omissions or be uninterrupted. 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 to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
As a condition of your use of our site, you warrant that you will not use the site for any purpose that is unlawful or prohibited by these Terms.
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or services obtained from our site. You may not use our site for anything other than the purpose outlined in these Terms and you may not use spiders or other robotic software tools to gather information from our site or use any applications which could lead to harm our site. You may not use our site to indicate any association with us without prior written consent from both of us.
If you print, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
By using our site you consent to us using anonymised data collected throughout your use of our site for research purposes, including evaluating the impact of SMART Work, research collaborations with third parties, publications, presentations and other media.
Your Account and Password
Your use of the password protected areas of our site are subject to these Terms.
If you choose, or you are provided with a 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. You can find out more about online security at www.getsafeonline.org
We have the right to disable any user password or account, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for all activity that takes place with your account. You may not authorise any third party to access and/or use the service on your behalf. If you know or suspect that anyone other than you knows your user password, you must promptly notify us at info@smartworkandlife.co.uk
Intellectual Property Rights
Product, names, signs, logos and trade marks of organisations and companies mentioned on our site or other sites or services accessed through the site are owned by third parties. All contents of our site are the copyright of the Universities and are protected by other proprietary rights including but not limited to database rights.
Our site is protected by copyright and trademark laws and treaties around the world. All such rights are reserved.
You must not interfere with any copyright or trademark notices contained on our site. The use of our site and its content on any other site or in a networked computer environment for any purpose is prohibited.
No Reliance on Information
Although the content on our site is provided after research carried out by us, it is not intended to amount to professional advice. The use of our site is AT YOUR OWN RISK and you must use your own independent knowledge, skill and judgement in making any such use.
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 or that it represents the latest research data available.
Limitation of our Liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
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.
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.
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial 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 site linked to it.
We assume no responsibility for the content of sites linked on our site. Such links should not be interpreted as endorsement by us of those linked sites. We will not be liable for any loss or damage that may arise from your use of them.
Whilst we do make reasonable effort to check the accuracy of information published on our site, no warranty can be given that information will be accurate or up-to-date and the user acknowledges that the information and services offered on our site may include inaccuracies, out of date information or typographical errors. In particular, and without limitation, we are not able to guarantee that the service will continue or be accurate during time of server failure.
Information contained in or accessible via our site changes on a regular basis. We may make improvements or alterations to this website at any time without notice.
We make no representations about the suitability of the information, and services contained on, or accessed via our site for any purpose. All warranties, terms and conditions with regard to this information, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law.
Viruses
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 including but not limited to 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
If you would like to add a link to the site, you require written consent from both of us. If you would like information about obtaining our permission to use any content of our site or if you would like to link your site to this website please email: info@smartworkandlife.co.uk
In the event that any consent is given by us to create a link to the site, you must ensure that 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.
You must not establish a link to our site in any site that is not owned by you.
Our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice and we shall not be obliged to give a reason for doing so.
If you become concerned about the content of a site linked to or from our site (or anything on our site), please inform us immediately via e-mail to info@smartworkandlife.co.uk
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.
A reference on our site to any persons, products, web sites or services does not constitute or imply their endorsement, recommendation or favouring by any of us.
Applicable Law
These Terms, its subject matter and its formation, are governed by English law and the courts of England and Wales will have exclusive jurisdiction. In using the services available on our site, you acknowledge and accept that and agree that you will at all times obey all applicable laws.
In operating our site we adhere to the relevant statutory duties and best practice guidance listed below. This list is not exhaustive but provides the legal framework upon which the site is reviewed on an on-going basis:
- General Data Protection Regulation (GDPR) 2018
- Data Protection Act 2018
- Freedom of Information Act 2000
- Human Rights Act 1998
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of our site. Each and every provision of these Terms is separate and severable. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, the validity and enforceability of the remainder of these Terms shall not be affected.
These Terms constitute the entire agreement between you and us with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written. These Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other documents and records originally generated and maintained in printed form. Any rights expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of your use of our site, if any.