Terms of Use

Smart Mentor Website Terms of Use

Effective Date: 03 October 2019

Version No: 1.0

These Terms of Use were last changed 03 October 2019.

1. Who we are and how to contact us

(www.smartmentor.io) (the "Site") is a site operated by Smart Mentor FZ-LLC ("We" or "Smart Mentor"). We are registered in Dubai, UAE, under Dubai Development Authority Commercial License number 96215 and have our registered office at in5 Tech Innovation Center, Dubai Internet City, U.A.E.

Email: info@smartmentor.io

2. By using our Site you accept these terms

These terms of use are between you and Smart Mentor and it applies to your use of the Site including any services made available by Smart Mentor through the Site or any other Smart Mentor-controller or white-labelled site that links to these terms of use made available from time to time (the "Services"). Please read these terms of use carefully before using our Site as your use of the Services is governed by these terms of use regardless of how you access the Services including through a mobile network or otherwise.

By using our Site, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms of use, you must not use our Site or access the Services.

We recommend that you print a copy of these terms for future reference.

3. Other terms and policies that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

4. We may make changes to these terms

We may revise these terms from time to time by amending this page and will display the effective date of the revised terms at the top of this page. Your continued use of our Site and the Services after such effective date constitutes your agreement to such changes.

Every time you wish to use our Site or the Services, please check this page to ensure you understand the terms that apply at that time.

5. We may make changes to these terms of use

We may need to change these terms of use, in which case, we will try to give you reasonable notice of any major changes by posting a notice on the Site. Your use of the Site and the Services following any changes to the terms of use will constitute your acceptance to such changes.

Please note that some content on our Site may be out of date at any given time, and we are under no obligation to update it.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 our Services, or any content on it, will be free from errors or omissions.

6. We may suspend or withdraw our Site and Services

Our Site is made available free of charge. You are responsible for obtaining, maintaining and paying for any hardware and connectivity necessary to access the Site and the Services. You may purchase Services though the Site and in such circumstances you will be asked to provide information to allow us to process your payment. You agree to pay all charges and applicable taxes incurred in relation to your purchase of the Services

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may at any time and without liability suspend or withdraw or restrict the availability of all or any part of our Site or the Services for business and operational reasons to you or in any jurisdiction that we choose. We will try to give you reasonable notice of any suspension or withdrawal by posting a notice on the Site, however, we will not be liable to you if for any reason our Site or the Services are unavailable at any time or for any period.

To the extent required by applicable law, your sole and exclusive remedy under these terms of use is to stop using the Site and the Services. The maximum aggregate liability of Smart Mentor under these terms of use whether in contract, tort, negligence or otherwise shall be the total amount, if any, paid by you to use the Services.

You are also responsible for ensuring that all persons who access our Site or Services through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. You must keep your account details safe

To access certain features made available to you on the Site you will need to register for an account. You are prohibited from having more than one account. Any information you provide about yourself for registration purposes or otherwise must be true, accurate, current, and complete in all respects. Please notify us immediately of any change in your information at the email address in paragraph 0.

You must treat any user identification code, password or any other piece of information, for the purpose of gaining access to certain areas of our Site, as confidential and you must not disclose such information to any third party. You must install adequate antivirus software on your computer or device which you use to access the Site. You should update your account password regularly. Each time after you finish using your personal account, you should always log out by clicking “Log Out” on the Site. We will not be liable for loss of account, loss of account credentials or leaks of your personal data as a result of your own actions and/or inactions.

We shall own any account you create at all times but you shall have the right to use and manage your account as set out in these terms of use.

If you fail to comply with any of the provisions of these terms of use, we may:

  • disable any user identification code, password, or any other piece of information, at any time
  • withdraw, suspend or restrict access to your account, the Services or the Site; and/or
  • terminate your account.

If we do any of the above, we will notify you promptly after taking the action and you must destroy any content you hold relating to our Site at that time.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using our contact details set out in paragraph 0. You understand and agree that before your notification to us of loss of account, loss of account credentials or leaks of your personal data and before you provide us with any related proof, we have reason to believe that any use of your personal account is your responsibility.

8. How you may use material on our site

We own or license all intellectual property rights in the Site and the Services. All rights in these works are protected by copyright laws and treaties around the world and are reserved to us. Except as expressly provided in these terms of use, you are not granted any express or implied rights to the Site or the Services.

Without prejudice to the above, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with Smart Mentor (the “Smart Mentor Marks”) are our property, and that you are not permitted to use the Smart Mentor Marks without our prior written consent.

You may not copy, reproduce, distribute, publish, archive, display, perform, modify, adapt, create derivative works, transmit, translate, use or in any way exploit our Site or Services, in whole or in part, except as set out in these terms of use

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use provided that:

  • You do not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you do 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 is always acknowledged;
  • You do 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.

If you print off, copy or download any part of our Site in breach of these terms of use, 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.

We may pursue all remedies available to us under applicable law for any breach of these terms or inappropriate conduct.

9. What you must not do

By using our website, you agree not to:

  • Do anything which will or might damage, interrupt or impair the functionality of the Services, the Site including imposing an unreasonable or disproportionately large load on the Site’s infrastructure;
  • Obtain unauthorized access to the Site or any private or member account areas on the Site;
  • Do,cause or permit anything to be done that may infringe, damage or interfere with any of our intellectual property rights, our licensors or any third party;
  • Disassemble or reverse-engineer any of the software making up a part of the Site and Services;
  • Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site and Services;
  • Probe, scan, or test the vulnerability of the system or network or to breach security or authentication measures without proper authorisation;
  • Interfere with the Site in any way, including without limitation by engaging in unauthorized spidering, scraping or harvesting of content, contact or other personal information, using any other unauthorized automated means to compile information or flooding, spamming or crashing the Site;
  • Collect, store or use any information from or about another user;
  • “Stalk” or harass any other user;
  • Distribute unsolicited commercial or bulk electronic communications (or, “spam”), chain letters or “pyramid” schemes;
  • Do anything which is otherwise unlawful or which may cause any liability to us;
  • Incorporate the Services in any way into any third party product or service;
  • Systematically download and store content from the Services;
  • Do anything that breaches any applicable local or international law or regulation; or
  • Attempt to do any of the above.

You agree not to use our website:

  • If you are not able to form legally binding contracts (for example, if you are under 18);
  • If you are a person barred from receiving Services under the laws of your applicable jurisdiction;
  • For any other purposes that are not expressly permitted by these terms of use.

When posted to public areas of our Site and Services, your content may be viewed by other users and by other persons or entities, including through third party services and websites. You should only upload, share or store images, information and other content that you are comfortable sharing with others.

You agree that you will not access or use the Site or Services to upload, share or store any video or images, or otherwise act in any manner, that:

  • Is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
  • Is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful;
  • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • Is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person;
  • Promotes illegal or harmful activities or substances; or
  • Is harmful to children.

10. Do not rely on information

Do not rely on information on the Site and the Services. The content 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. Opinions expressed on our website are the personal opinions of the authors and do not reflect the views of Smart Mentor.

11. We are not responsible for websites we link to

Where our Site and Services contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We may not have control over the contents of those sites or resources. We may delete or modify any link on our website at any time and for any reason.

Your use of external websites linked from our website, including, but not limited to, LinkedIn, are governed by the terms of use and policies applicable to those respective sites. Please review those terms of use and policies. You acknowledge that at times during your use of our Site, you may be redirected to external websites or to plug-in software, for example, when you register for an account. We do not control these third-party services and your use of those websites and software will be governed by the terms of use and policies applicable to those services, made available to you by the providers of those services.

If you have any concerns regarding any linked websites please contact us using the details set out in paragraph 0.

12. User-generated content is not approved by us

This website may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us using the details set out in paragraph 0.

13. Our responsibility for loss or damage suffered by you

Our Site and Services and all of its contents are provided to you on an “as is” basis. We make no representation or warranty of any kind whatsoever relating to the Site, the Services or the content. To the fullest extent permitted by applicable law, we disclaim any and all such representations and warranties.

Nothing in the terms of use exclude or limit our liability for death or personal injury arising from our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English or any other applicable law.

We will not be liable to you for any loss or damage, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site or Services; or
  • use of or reliance on any content displayed on our Site or Services.

To the greatest extent permitted by applicable law, we do not accept any liability for any error, omission, interruption, defect, or delay in information provided on the Site or Services, or for any failure to update information other than to extent any such liability arises as a direct result of us failing to take reasonable skill and care in making the Site or Services available.

We have no liability to you for any loss of profit, sales or revenue, loss of business, business interruption, loss of anticipated savings or loss of business opportunity, goodwill or reputation.

In jurisdictions which restrict limitation clauses, the above limitations shall be applied to the greatest extent permitted by the relevant law in those jurisdictions. The above limitations do not, in any way, exclude any liability we have where it would unlawful to do so.

14. How we may use your personal information

We will only use your personal information as set out in our Privacy Notice.

15. Uploading content to our site

Certain sections of the Site and Services allow you to submit information about yourself to us. These include, without limitation, the sections of the Site that allow you to create an account or create group chats.

Whenever you make use of a feature that allows you to upload content to our Site or Services, or to make contact with other users of our Site, you must provide content which is accurate, genuinely held (where it concerns an opinion) and complies with the applicable law in the country in which it was posted.

Content you upload must not be defamatory of any person, obscene, offensive, hateful, inflammatory, promote sexually explicit material, violence, illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Content you upload must not infringe the copyright or trade marks of another, breach a legal duty to another, be in contempt of court, promote or incite any party to commit, or assist any unlawful act, or contain any advertising or promote any services or web links to other sites.

You warrant that any such contribution does comply with the above standards, and you will indemnify us (be responsible for any loss or damage we suffer) as a result of your breach of warranty. We have the right to remove any posting you make on our Site or Services if, in our opinion, your post does not comply with the content standards set out above.

You retain all of your ownership rights in your content, but you hereby grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, post, broadcast, publicly perform, publish and display your content in any and all media as necessary to operate the Site and provide the Services. Unless otherwise stated on the Site and Services, your information is available to the public, and information you consider confidential should not be posted.

We may modify or adapt your public content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your public content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media. You further grant us the right to use, copy, reproduce, process, distribute, post, broadcast, publicly perform, publish and display your name and other information in connection with your public content as described herein or elsewhere from time to time, subject to any applicable data protection laws.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy.

You acknowledge and agree that you are solely responsible for your public content, and for any consequences thereof, including the use of your content by other users and our third party partners. You acknowledge and agree that you are solely responsible for your public content, and for any consequences thereof, including the use of your content by other users and our third party partners.

16. Feedback

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site and the Services (“Feedback”). You may submit Feedback by e-mailing us, at the email address above. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be our sole and exclusive property. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by us or our affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to us all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

17. We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site or Services are free of viruses or other harmful components.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and Services. You should use your own, up-to-date virus protection software.

You must not introduce, or do anything which is likely to lead to the introduction of, any viruses or other harmful components into any aspect of our Site or Services.

At our request, you agree to compensate us fully, defend us, and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of these terms by you, including the use by any other persons accessing our Site or Services or using your internet account caused by your action or inaction

18. Rules about linking to our site

You may link to our home page without our prior written consent.

19. Assigning these terms of use

You may not assign, transfer, delegate or sublicense any of your rights or obligations under these terms of use including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment without our consent as set out above will be null and void. We may assign, transfer, delegate and/or sublicense our rights and obligations under these terms of use, in whole or in part, in our sole discretion, without restriction. Subject to the above these terms of use will bind and inure to the benefit of the parties, their successors and assigns.

20. What our relationship is not

Except as otherwise expressly set forth in these terms of use, no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms of use.

21. Survival of Terms

Any provisions of these terms of use that contemplate performance or observance after the expiration or termination of these terms of use shall survive such expiration or termination.

22. Notices

Any notices or other communications permitted or required by these terms of use, including those regarding modifications to these terms of use, will be in writing and given by us by posting to the Site or Services.

23. No waiver

If you breach these terms of use and we take no action against you, we will still be entitled to use our rights and remedies in that or any other situation where you breach these terms of use.

24. Severability

If any of these terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

25. Which country's laws apply to any disputes?

These terms of use, their subject matter and their formation, are governed by English law, subject to the application of any mandatory laws in the country in which you reside. We both agree to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim arising out of or in connection with these terms of use.

26. Remedies

Except as expressly set forth in these terms of use, the exercise by either party of any of its remedies under these terms of use will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

27. Headings

The headings in these terms of use are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions here of.

28. Third Party Beneficiaries

Except as otherwise expressly set forth herein, these terms of use do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

© 2020 Smart Mentor FZ-LLC