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Terms of Use

Effective as of August 01, 2024

PLEASE READ THESE GISMART TERMS OF USE CAREFULLY BEFORE USING THIS SITE

Understanding these Terms

These terms of use (the “Terms”) tell you the rules for using our website https://gismart.com (the “Site”).

Who we are & how to reach us

Gismart Limited, a private company limited by shares, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE.

Any reference to ‘us’, ‘we’, ‘our’ or the Company within these Terms includes all or any of the direct or indirect parent or subsidiary undertakings.

Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

You can contact us here.

By using our Site, you accept these Terms

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, you must not use our Site.

We recommend that you print or make a digital copy of these Terms for future reference.

Other terms you should be aware of

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

  • our Privacy and Cookie Policy, which sets out information about how we collect, use, store, and protect your personal data.
  • our Slavery and Human Trafficking Statement, which sets out our commitment to ensuring that business and supply chains are free from modern slavery and human trafficking.
  • Terms of Use and Privacy Policy for our products and services, which sets out specific conditions and terms under which our various products and services are provided.

Please note that some of our products and services may have specific terms or be governed by third party terms which will apply in addition to, or sometimes in replacement of the above-mentioned terms. Where possible, we will notify you of such terms before you sign up to the relevant service or product to give you an opportunity to review them. 

Changes to these Terms

We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time. By continuing to use and access the Site, you agree to be bound by any amended Terms. It is your responsibility to check for any updates. 

Changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our services, our users’ needs and our business priorities.

Suspension or Withdrawal of Our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. Likewise, we are not responsible for the accuracy or completeness of our Site, products or services, or any lack or loss of functionality of our Site.

You are 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.

Transfer of Agreement Rights

We may transfer our rights and obligations under these Terms to another company. Where required by law, we will tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under the agreement.

Rules for Using Our Content

We own or hold licenses for all intellectual property on our site, including all content, databases, proprietary software, and source code. The content on our site is safeguarded by various intellectual property rights, such as copyrights, trademarks, database rights, design rights, and others, both registered and unregistered. Our logos, trademarks, and service marks cannot be copied, reproduced, or used in any form without our prior written consent. All these rights are reserved.

Please keep in mind the following:

  • You must always acknowledge us (and any identified contributors) as the authors of the content on our Site.
  • You are not allowed to modify any printed or downloaded content, whether on paper or digitally.
  • Do not use any illustrations, photographs, videos, audio clips, or graphics separately from their accompanying text.
  • You must not use any content from our site for commercial purposes without obtaining a license from us. This includes using the content to develop or contribute to artificial intelligence solutions.
  • If you print, copy, download, share, or repost any part of our site in violation of these terms, your right to use our site will end immediately.
  • You must return or destroy any copies of the content you have made, at our discretion.

We may take further legal action if you breach these terms.

Content Removal Requests

You can ask for content to be removed from our Site. We’ll remove content:

  • in order to comply with data protection legislation covering the rights and freedoms of individuals, or
  • if it breaches copyright laws, contains sensitive personal data or material that may be considered obscene or defamatory.

Contact us to ask for content to be removed. You’ll need to send us the web address (URL) of the content and explain why you think it should be removed. We’ll reply to let you know whether we’ll remove it.

No web scraping or data harvesting

You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to our Site or any product or services provided via, or in relation to, our Site. This includes but is not limited to using (or permitting, authorizing or attempting the use of):

  • any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
  • any automated analytical technique aimed at analyzing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Linking from our Site

We sometimes link to third-party services (whether by way of advertisements or otherwise), e.g., when you access or use our Site. A few things to bear in mind:

  • we don’t endorse the websites and the services we link to;
  • we’re not responsible for their content or liable for anything that happens to you if you use them;
  • if you or anyone else shares something containing a link, we’re not responsible for anything on the site it links to;
  • external websites and services usually have their own terms of use and privacy policies.

Linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our brands or our reputation or take advantage of it. You are responsible for your own website and ensure it will at all times comply with all applicable laws.

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 website, application or platform that is not owned by you.

Our Site must not be framed on any other website, application or platform, nor may you create a link to any part of our Site other than the home page, without prior agreement.

We reserve the right to withdraw linking permission without notice.

Use of the Site at Your Own Risk:

You agree that using our site is at your own risk.

We, our affiliates, employees, agents, third-party content providers, service providers, and licensors do not guarantee that the site will always be available or error-free.

We do not guarantee the results from using the site, nor the accuracy, reliability, or content of any information, services, or products provided through the site.

“As Is” Basis:

The site is provided “as is” without any warranties, either express or implied, including but not limited to warranties of title, merchantability, or fitness for a particular purpose, except those that cannot be excluded under applicable law.

Limitation of Liability:

To the fullest extent allowed by law, we, our affiliates, and any future parent companies are not liable for any damages, including but not limited to personal injury, property damage, lost profits, loss of data, or any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the site.

This limitation applies to all claims, including breach of contract, negligence, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

We are not liable for the actions of other users or third parties on the site, including any defamatory, offensive, or illegal conduct.

Unauthorized Access to Personal Information:

We are not responsible for any unauthorized access to or use of your personal information. By using the site, you agree to this disclaimer. If you do not agree, please do not use the site.

Legal Compliance:

If applicable law does not allow any part of these limitations of liability to apply to you, they will only apply to the extent permitted by law.

Responsibility for Viruses and Malware

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, software and platform 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 that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. 

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 website, application or platform linked to it.

Indemnification

To the extent permitted by applicable law, you will indemnify, defend, and hold us, our subsidiaries, affiliates, related parties, successors, officers, agents, representatives, employees, contractors, partners, and licensors (“Indemnified Parties”) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  • your use or misuse of the Site;
  • your violation of these Terms and/or other policies that may apply to you;
  • your violation of applicable law; 
  • any misrepresentation made by you to any of the Indemnified Parties;
  • your violation of the rights of any third party; and/or
  • any disputes or issues between you and any third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Dispute Resolution and Applicable Law

These Terms are governed by the laws of England and Wales, excluding its rules on conflicts of law.

If you are a resident of any European country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws of your usual place of residence. Both parties irrevocably agree to the personal jurisdiction and venue of the courts of England and Wales, and waive any objections to the venue or the inconvenience of the forum. Nothing in these Terms affects the protection granted to you by the mandatory consumer protection laws of your country of residence. We will also bring any disputes to the competent court in your country of residence.

General

The headings in these terms are solely used for convenience only. 

You may not assign or delegate any or all of your rights or obligations under these terms. 

We may assign our rights at any time without notice to you. Our delay or failure to exercise or enforce any right or provision of these terms shall not constitute or be construed as a waiver of such right to act. 

We shall not be responsible for any breach of these terms caused by circumstances beyond our control. 

Nothing in these terms shall be construed to create a joint venture, partnership, or agency relationship between you and us, and neither you nor we shall have the right or authority to incur any liability, debt, or cost, or enter into any contracts or other arrangements, in the name of or on behalf of the other.