Terms and Conditions of Use

  • Full Service Marketing
  • Brand Development
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  • Online Marketing

Terms and Conditions of Use

Your use of this website and the documents, files and other information available through it is subject to the following terms and conditions, as amended by us from time to time. Use of and access to this website does not of itself create a supplier/client relationship between you and Smart Monkey Marketing and where such an arrangement does exist it is governed by separate off-line terms of engagement.

If you require advice on a marketing matter problem please contact us, alternatively you can send an email to info@smartmonkeymarketing.co.uk.

All electronic links to any part of this site require the consent of Smart Monkey Marketing. Please email requests to info@smartmonkeymarketing.co.uk.

General

  1. This website is provided by Smart Monkey Marketing.
  2. References on this website and in these terms and conditions to:
    • "Smart Monkey Marketing" or "we" or "our" or "us" shall mean Smart Monkey Marketing and/or its affiliated undertakings; and
    • "you" or "your" shall mean the user of this website. If you are accessing or using this website in your capacity as an employee, director, officer, partner or agent of a corporate or unincorporated entity "you" and "your" shall refer to you and such entity and you represent that you are authorised to accept these terms and conditions on behalf of such entity and agree to be personally bound by these terms and conditions.
    • We and our suppliers own the intellectual property rights in the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile that software without our consent.
    • We cannot guarantee that this website and its document delivery system will operate in accordance with your expectations or will be error free. If you are aware of any error on this website please contact us by email at info@smartmonkeymarketing.co.uk and we will endeavour to correct it.
    • Nothing in this website or the documents available through it constitutes legal or other professional advice. You should not rely on any information contained in this website as if it were legal or other professional advice.
    • It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website.
    • You may only use this website for lawful purposes. You must ensure that any document, file or other information that you intend to post to our website or provide to us via this website does not contravene any applicable laws or contravene any person's legal rights and you must not post or upload anything indecent, obscene, abusive, libellous or defamatory. We do not monitor or edit documents or files posted or provided to us by other persons for posting on this website and accordingly we do not accept any responsibility for any damage or loss you may suffer. We reserve the right to remove material from this website that infringes these rules.
    • If you decide to access any third party websites linked to this website, you do this entirely at your own risk. Smart Monkey Marketing provides these links merely as a convenience and the inclusion of such links does not imply that Smart Monkey Marketing endorses or accepts any responsibility for the content or use of such web sites. You may be subject to the terms of use applicable to such third party sites.
    • By accessing this website, you agree that you will access its contents solely for your own use. You may print out a single hard copy of any part of the content of this website (other than documents, files or other information contained in the restricted areas which are subject to particular terms set out under Restricted Areas) for your use in accordance with these terms and conditions.
    • Except as expressly permitted by applicable law, you may not (except to the extent required in order to use this website in accordance with these terms and conditions) copy, store in any medium (including in any other website), distribute, transmit, re-transmit, broadcast, modify, or show in public any part of this website or systematically extract material from this website or any document available through it or in any other way exploit commercially all or any part of this website or any document available through it without the prior written permission of Smart Monkey Marketing.
    • All electronic links to the Smart Monkey Marketing website require the consent of Smart Monkey Marketing. Please email requests to info@smartmonkeymarketing.co.uk.
    • We reserve the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website.
    • Any dispute arising between you and Smart Monkey Marketing in relation to this website shall be governed by English law and you submit to the exclusive jurisdiction of the English courts for the purposes of any such dispute.
    • If any of these terms and conditions is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
      1. the legality, validity or enforceability in that jurisdiction of any other term or condition; or
      2. the legality, validity or enforceability in other jurisdictions of that or any other term or condition.
    • A person who is not a party to these terms and conditions may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
    • The trade marks, logos and trade names displayed on the website ("Marks") are the property of Smart Monkey Marketing or other third parties. You are not permitted to download, copy or use the Marks without the prior written consent of Smart Monkey Marketing or such third party who may own the Marks. The design and layout of the website is protected by copyright, database right, design rights and other similar laws and may not be copied or imitated in whole or in part.
    • If you are accessing this website in the course of a business the express provisions of these terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
    • 19. The main body of this website, that is the website excluding the Restricted Areas, (Public Area) is made available for public viewing on the basis that Smart Monkey Marketing excludes to the fullest extent permitted by law all liability whatsoever for any loss or damage howsoever arising out of the use of the Public Area or reliance upon the content of the Public Area. Smart Monkey Marketing do not exclude liability (if any) for personal injury or death resulting from its negligence, for fraud or any matter which may not be lawfully excluded.
    • If any of these terms and conditions (or a part thereof) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If such terms or condition would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with such modification.

    Data Protection and Confidentiality

    1. Smart Monkey Marketing acknowledge that your contact details and application data (as defined under Careers and Marketing) ("your information") may be confidential. Smart Monkey Marketing will maintain the confidentiality of and protect your information in accordance with Smart Monkey Marketing's normal procedures and English law.
    2. As part of Smart Monkey Marketing's quality control and with the objective of providing you with enhanced services we may monitor the use of this website and record your email address and/or IP address. This information is collected for Smart Monkey Marketing's internal purposes only and shall not be disclosed to any other organisation except as required by law. We may use "cookies" to collect this information and track your use of this website. For more information about "cookies", please see the Interactive Advertising Bureau's website: http://www.allaboutcookies.org. If you do not agree you can choose to not receive a cookie file by enabling your web browser to refuse cookies or to prompt you before you accept a cookie.
    3. Smart Monkey Marketing may use your application data and contact details for the purposes of recruitment or marketing, respectively, as more fully described under Careers and Marketing. We may use information obtained about you from monitoring your use of this website solely for internal purposes including website performance, evaluation of website use and the creation of marketing reports at Smart Monkey Marketing to aid future marketing of information about Smart Monkey Marketing and Smart Monkey Marketing's services. Data collected by monitoring will be aggregate, no personal or sensitive personal data will be used other than for the purpose for which it was originally obtained.
    4. Your information may be controlled and processed by any of Smart Monkey Marketing's offices. You acknowledge and agree that the location of our offices may change from time to time and that Smart Monkey Marketing may acquire other offices in any number of other countries or territories at any time, any one or more of which may act as a controller of and/or process your information. Smart Monkey Marketing will not disclose your data to any other third party unless required to do so by law or regulators.
    5. You have the right to access and the right to rectify your personal data whether submitted as an application for a post at Smart Monkey Marketing or otherwise by sending us a written request to the address given above (see General) or by email to info@smartmonkeymarketing.co.uk.
    6. Occasionally third parties may provide storage services to us. In those circumstances those third parties shall be required to enter into a confidentiality agreement on no less stringent terms than found in these terms and conditions and to process your data solely in accordance with our instructions.

    Marketing

    From time to time we may use any of the information you submit to us, including personal data, to provide you with marketing information about Smart Monkey Marketing and Smart Monkey Marketing's services subject to your consent.

    Restricted Areas

    1. Access to the Restricted Areas is restricted to authorised persons. If you believe you have been granted access to any document or file by mistake, please leave the Restricted Area immediately and contact us by email at info@smartmonkeymarketing.co.uk as soon as possible. Please also contact us by email at info@smartmonkeymarketing.co.uk if we have notified you that you are permitted to access a Restricted Area but are unable to obtain access to it.
    2. The Restricted Areas should only be accessed using a computer linked to a secure network environment.
    3. You must not allow any other person to use your username, password or other login details. If you believe someone else knows your login details please contact us by email at info@smartmonkeymarketing.co.uk as soon as possible.
    4. In the case of certain Restricted Areas we will supply you with temporary login details which must be changed on your first accessing the Restricted Area. The login details should be at least 8 characters in length and contain alpha and numeric characters. You should not choose details that may be easily identifiable by others. Login details should be changed regularly and not less than once every 6 weeks.
    5. We reserve the right to remove you from the authorised list of users for any Restricted Area of this website at any time.
    6. Parts of this website incorporate encryption technology, however, we cannot guarantee that unauthorised people will not be able to access confidential information hosted on or downloaded from this website.
    7. The information, documents and files hosted on the Restricted Areas are confidential and may be privileged. You must not distribute the documents and files hosted in these areas except to persons authorised to read them. If you believe that you may have been granted access to information, a document or a file by mistake you must not download it, copy it, use it for any purpose or disclose its contents to any other person. Where you are subject to a separate agreement or undertaking (such as a confidentiality agreement) then such agreement or undertaking shall apply in addition to and, in the case of conflict or inconsistency, in priority to these terms and condiions.
    8. You shall not obtain or attempt to obtain unauthorised access to a Restricted Area or to a Restricted Area other than that which has been identified as being available to you through the logins and passwords notified to you or to any other area of Smart Monkey Marketing's computer system or network nor will you attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.
    9. You should be aware that some of the documents, files and other information may contain personal data subject to applicable data protection legislation. You must not use that data contrary to such legislation. To the extent that your jurisdiction does not have in force data protection legislation at least as stringent as that applying in England from time to time you undertake to treat such personal data as if it were subject to the legislation applying in England from time to time to the extent it is more stringent.
    10. Smart Monkey Marketing shall not be liable for any losses you suffer as a result of unauthorised access to your account until such time as you have informed us of unauthorised use or possible unauthorised use of your login details or of a breach of security.
    11. Subject to 11. below, Smart Monkey Marketing shall not be liable for any loss or damage whatsoever resulting from your use of a Restricted Area other than in accordance with these terms including but without limitation any special, consequential or indirect loss, any loss of profit or goodwill, any loss of data or for any business or economic loss arising out of the use of or the inability to use a Restricted Area. We do not charge you any separate fee for access to and use of the Restricted Areas. On this basis you agree that these terms, and in particular the limits on our liability and obligations, are fair and reasonable.
    12. If you are accessing a Restricted Area to use the services available through it otherwise than in the course of your business, you have certain statutory rights as a consumer regarding the performance of services. These statutory rights will not be affected by any statement contained in these terms and conditions.
    13. Subject to the additional terms set out below applicable to particular Restricted Areas, you may not print any part of the content of the Restricted Areas.