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Terms of Use

TERMS OF USE

1. About Us 

Smoothwall Limited (a company registered in England and Wales under company number 04298247 with its registered office at Avalon House, 1 Savannah Way, Leeds Valley Park, Leeds, England, LS10 1AB ) (We, our, us or Smoothwall) operate this site.  

You can contact us using the following details:

https://www.smoothwall.com/contact

UK Head Office
Avalon House, 1 Savannah Way, Leeds Valley Park, Leeds, LS10 1AB, UK
Tel: +44 (0)870 1999 500
Support: +44 (0)800 5999 041
Email: [email protected]

US Sales & Customer Services Office
8008 Corporate Center Drive, Suite 410, Charlotte NC, 28226-4489, USA
Tel: +1-800-959-3760
Support: +1-800-959-1261

2. By Using This Site You Accept These Terms

Please read these Terms of Use (Terms) carefully as they govern your use of our website, https://www.smoothwall.com, (our site). By using our site, you agree to these terms of use and that you will comply with them. If you do not agree to them, you must not use 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 other applicable terms and conditions and that they comply with them.

3. Other Terms Which Apply

Our Privacy Notice and Cookie Notice are available at https://www.smoothwall.com/legal/see-all. The Privacy Notice describes how we use personal data that we collect through the site.

4. Changes To Our Site And The Terms 

We may update our site from time to time or change content at any time. We do not guarantee that our site or its content will be free from errors or omissions.

We may revise these Terms at any time by amending this page. Continued use of our site constitutes your agreement to such changes. Please check this page from time to time to take notice of any changes we make.

5. Accessing Our Site 

Our site is made available free of charge but you will be liable for charges that your internet service provider imposes for providing you with their service. 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. 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.  

6. Using Our Site 

The content on our site is provided for general information only. Do not rely on the content of our site. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the site.

Although we make reasonable efforts to update the information on our site, our site may contain technical or other inaccuracies.   A reference to a product or solution on our site does not imply that such product or solution is or will be available in your location.  We are not responsible or liable for any such inaccuracies, errors or omissions. 

By using the site, you agree to:

  1. use our site only for lawful purposes and purposes permitted by the Terms;
  2. not use any device, software or other means to interfere or attempt to interfere with the proper working of our site;
  3. only submit information to us via the site, which is accurate and complete;
  4. not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  5. not use any robot, spider, other automatic device, or manual process to monitor, scrape, or copy our web pages or the information or content contained on or through our site, without our prior express written consent;
  6. not cause or permit anything to be done that may infringe, damage or interfere with any intellectual property rights of Smoothwall and its group companies, its licensors, or any other third party;
  7. not interrupt, disrupt, alter, destroy, impair, restrict, tamper, or otherwise affect the proper operation of our site in any way, including, without limitation, through the use of any malicious or unauthorised code, virus, worm, Trojan horse, malware, or program;
  8. 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;
  9. not use our site in any threatening, libellous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner.

We reserve the right in our sole discretion to revoke or deny your access to our site, including, without limitation, if you violate any of the provisions of the Terms.

7. Your Account And Password

Our site may provide you with the ability to use usernames, passwords, or other codes to gain access to certain portions of our site (access codes). You are entirely responsible for maintaining the confidentiality of your access codes (including any temporary access codes provided by us to you) and for all activities that occur under your account.

We reserve the right to immediately terminate your account or disable your access codes in our sole discretion and without prior notice to you, for example, if you violate any part of these Terms. If we exercise this right you shall promptly destroy any content you downloaded or printed from the site.

If you know or suspect that anyone other than you knows your access codes, you must promptly notify us on the contact details above.

8. Linking To Our Site 

You may link to our home page, provided that:

  1. you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it;
  2. in no way would the link to your website lead any person seeing the link to assume that we or any member of our group is associated with your website or endorses it;
  3. the website you are linking with is owned by you; and
  4. you must also make any users of the link aware that their access to and use of the site is subject to these Terms;

We reserve the right to withdraw linking permission without notice.

9. 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. Your use of those sites is governed by the terms and privacy notices of those websites. If you have any concerns regarding any linked websites or third party content on the site please contact us using the details set out above.

10. Security

We do not guarantee that our site will be secure or free from bugs or viruses. You should use your own virus protection software.

11. 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. Our intellectual property is protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy or may download an extract 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 provided that:

  1. you must not modify the 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 without our prior written consent;
  2. our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged; and
  3. if you print off, 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.

12. Limitation Of Our Liability 

We, and each member of our group reserve the right to pursue all remedies available to us under applicable law for any breach of the Terms or for inappropriate conduct.

The site and all of its contents are provided to you on an “as is” basis. We make no representations, warranties or guarantees, whether express or implied,  relating to the site or other content that may be accessible directly or indirectly through the site.

Nothing in the Terms exclude or limit 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 or any other applicable law.

To the maximum extent permitted by applicable law:

  1. 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;
  2. 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 the use of, or inability to use, our site or use of or reliance on any content displayed on our site; and
  3. we and third parties connected to us expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or its use or use of any websites linked to it and any materials posted on it or them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

13. Applicable Law

Any matter that arises out of your use of our site (including any contract entered between you and us through this site) shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales. All contracts are agreed to be concluded in English.

14. General

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

A person who is not a party to these Terms will not have any rights to enforce its terms.

We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms but you may not do so without our prior written consent.

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Smoothwall on the site, these Terms and our Privacy and Cookie Notices (https://www.smoothwall.com/legal/see-all) constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.