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Terms

Agreement

Individual use of Smart Care is governed by the following agreement.

The registered user must provide valid and accurate registration details at the point of registration and is responsible for its ongoing veracity. Communication between The Smart Day Group and the registered user will be by email to the user's email address supplied at registration or subsequent update. It is the registered user's responsibility to ensure that this email address is kept up to date and is regularly checked. The Smart Day Group disclaims any and all responsibility for the registered user failing to be aware of any matters because he/she has failed to check or update his/her registered email account.

The registered user is responsible for the security of personal passwords and for the access to and use of records created by the registered user. The registered user will immediately notify The Smart Day Group in the event of unauthorised use of any records. Any authority given for third party access is the responsibility of the registered user, and includes access given by any supplementary users set up or authorised by the registered user. If authorised access is given to a third party e.g. a medical professional, that third party may be able to add or amend parts of the record made available to the third party. The third party may also be able to save, copy or transmit the accessed data for appropriate purposes. It is for the registered user to understand and determine what information is initially given to third parties and the ongoing possibility for that data to be retained by the third party and/or passed on.

By using the Smart Care system, you are agreeing to the fair usage policy for data storage and bandwidth consumption, further details of which can be obtained by email. Any abuse of the system or excessive use that is considered not be fair usage may prohibit further access by the user or render the user to additional charges. In the event of such an occurrence a prior notification will be sent by email to enable the user to rectify the situation or agree to increased fees for excessive use.

Security

The Smart Day Group employs state-of-the-art security and encryption technology to protect the confidentiality of subscriber data. In addition to user level passwords and data encryption, data access is protected through multiple levels of network security to prevent unauthorized access and to help protect the privacy and integrity of the stored data.

Risk

The use of Smart Care is at the user's own risk. Once a user has registered with The Smart Day Group, his/her personal records may be stored in a hosted data warehouse environment, which will conform to standards relating to Data Protection, Privacy and Security.

The Smart Day Group will not be liable for any damages arising from the use or misuse of the system, from any understanding or interpretation of content within the system, for any advice offered by third parties or advertisers either through their use of the system or from other sources, or for the dissemination of personal information by third parties given access by the registered user or supplementary users.

The responsibility for the management and release of confidential data, through password control and authorisation of access, will belong to the registered user. Passwords and access can be changed at any time by the registered user. The Smart Day Group will provide site security and encryption technologies to protect against loss of information and inappropriate access to the system. Any employee or contractor who has access to the technology for development, maintenance or service reasons is contractually bound by the Company's policies on Data Protection and Privacy. The registered user may delete all or part of the personal records at any time. Once deleted, this data cannot be restored.

Disclaimer

The Smart Day Group is not the direct provider of any advice. Any information held on any personal record is displayed for reference only and is the responsibility of the registered user to inform all ongoing sharers accordingly. The Smart Day Group excludes all warranties relating to all products, product documentation and their suitability for use.

Changes to the Agreement

Any changes to the Agreement by The Smart Day Group will be notified to registered users by way of screen display. Continued use of the Smart Care system after the posting of such displays will constitute acceptance of the modifications to the agreement by the registered user, including acceptance on behalf of all supplementary users authorised by the registered user.

Termination of the Agreement

Registered users may stop using the Smart Care system at any time and can delete their complete records. The Smart Day Group may also terminate a user's access to the system. Records held at the point of termination by The Smart Day Group will be made available to the user for a limited time, prior to complete removal.

The Smart Day Group may, at its sole discretion, terminate user access without prior notice in such circumstances where offensive, pornographic or misleading material is published by any user. Such termination will result in the deactivation of the account and the forfeiture of the content. The Smart Day Group reserves the right to refuse service to anyone for any reason at any time.

Limitation of Liability

The limit of liability by The Smart Day Group to its registered users is limited to $15 per registered user, and this sum includes all associated supplementary users.

Law and Jurisdiction

The Smart Day Group in the United Kingdom is the trading name of Smart Day Limited.

Registered address: 1000 Lakeside, Portsmouth, Hampshire, PO6 3EN, United Kingdom.

Company no: 7685419 Registered in England

For all users worldwide this Agreement is governed by the laws of England & Wales. Any dispute relating to this Agreement for any worldwide user shall fall within that jurisdiction.