www.stmembers.co.uk (the “Site”) is owned and maintained by Smart Thinking Platform Ltd (“Smart Thinking”) and is made available to you on the following terms and conditions (“Terms and Conditions”). By using the Site you and the services available on it you are deemed to accept these Terms and Conditions.
1. Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
2. From time to time, we may restrict access to some parts or all of the Site to users who have registered with us.
3. When using the Site, you must comply with the provisions of our Acceptable Use Policy.
4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
5. All material posted on the Site is intended for information purposes only and does not represent advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the Site without first verifying the information and as necessary obtaining legal and/or professional advice.
6. Smart Thinking assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any information shared on the Site.
7. Smart Thinking makes no representations or warranties whatsoever as to the accuracy of the information contained on the Site. To the extent permitted by law, Smart Thinking expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
8. Smart Thinking expressly disclaims all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the Site, including materials posted by any visitor to the Site, and by anyone who may be informed of any of their contents, or from the use or inability to use the Site, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and Smart Thinking had been advised of the possibility of the same. Direct, indirect or consequential loss and damage shall include but not be limited to loss of profits or contracts, loss of income or revenue, loss of business, loss of goodwill, damage to reputation and wasted expenditure or management time.
9. Nothing in these Terms and Conditions shall exclude Smart Thinking’s liability for death or personal injury resulting from its negligence, nor its liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
10. Smart Thinking aims to update the Site regularly and may change the content at any time and without notice. If the need arises, we may suspend access to the Site, or close it indefinitely.
11. The user agrees that material downloaded or otherwise accessed through the use of the Site is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and Smart Thinking had been advised of the possibility of the same.
12. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack, a distributed denial-of service attack or any other technical attack.
13. By breaching the provisions of clause 12 above, you will commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
14. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any website linked to them.
15. Smart Thinking does not accept any liability or responsibility for any third party websites that can be accessed through the Site or for any loss or damage that may arise from your use of them. Smart Thinking does not endorse or approve the contents of any such site and these links are provided for your information only.
16. Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
17. Any material you upload to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
18. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
19. We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
20. We process information about you in accordance with our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
21. If any provision of these Terms and Conditions or the Notice of Copyright (see below) is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
22. These Terms and Conditions and the Notice of Copyright and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The user and Smart Thinking agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Site to the exclusive jurisdiction of the courts of England and Wales.
23. We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Site.
24. Except where expressly stated to the contrary, all intellectual property rights in the text, graphics, information, motifs, logos, designs and databases contained in this site including the domain names, organisation and layout of the site and the software used in relation to the Site are owned by Smart Thinking or its licensors.
25. Smart Thinking owns a portfolio of registered and unregistered trademarks including Smart Thinking, Smart Thinking Platform Ltd, ST Members, ST Membership and assorted logos. You may not use any trademarks, service marks and/or other trade names belonging to Smart Thinking from time to time, without Smart Thinking’s prior written consent (including without limitation Smart Thinking’s trademarks, all page headers, custom graphics and button icons on the site) including to imply association with or endorsement by Smart Thinking of your website and/or goods and/or services or otherwise without our prior written consent.
26. All other trademarks referred to on the site are the trademarks of their respective owners and you will require their specific authorisation should you wish to use any of the trade marks.
27. You may print or download to a computer extracts from this site:
– for personal use;
– for your employment;
– Provided in all cases that:
Smart Thinking website is the acknowledged source including the reference www.stmembers.co.uk and Smart Thinking copyright notice featured at the bottom of the site;
– 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 graphics, illustrations or photographs, separately from any accompanying text.
28. This permission may be revoked at any time by Smart Thinking. Material displayed on the site, in whole or in part, may not otherwise be copied, reproduced, republished or incorporated in any other work or publication, whether paper or electronic media or any other form, without Smart Thinking’s prior written permission.
29. You may not reproduce or store any part of this Site in any other web site, document management system or electronic retrieval system (via screen-scraping or otherwise) without Smart Thinking’s prior written permission.
30. You must not use any part of the materials on this site for commercial purposes (other than as expressly permitted herein) without obtaining written permission to do so from Smart Thinking or its licensors.
31. If you print off, copy or download any part of this site in breach of these Terms and Conditions, your right to use this site will cease immediately and you must, at Smart Thinking’s option, return or destroy any copies of the materials you have made.
32. Any rights not expressly granted in this notice are reserved.
Acceptable Use Policy
This Acceptable Use Policy sets out the terms between you and Smart Thinking under which you may access the Site www.stmembers.co.uk (referred to in this Acceptable Use Policy as the Site). This Acceptable Use Policy applies to all users of, and visitors to, the Site.
Your use of the Site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our Terms and Conditions.
1. You may use the Site only for lawful purposes. You may not use the Site:
– in any way that breaches any applicable local, national or international law or regulation
– in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
– for the purpose of harming or attempting to harm minors in any way
– to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
– to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
– to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. You also agree:
– not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of our Terms and Conditions, or
– not to access without authority, interfere with, damage or disrupt any part of the Site, any equipment or network on which the Site is stored any software used in the provision of the Site, or any equipment or network or software owned or used by any third party.
3. We may from time to time provide interactive services on the Site, including, without limitation:
– comment spaces and forums
– public profiles
– blogs, and
– any other forms of user-generated content.
4. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used. Information about data gathered during any interactions is covered by our Privacy Policy.
5. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
6. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. These content standards apply to any and all material which you contribute to the Site (contributions), and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
8. Contributions must:
– be accurate (where they state facts)
– be genuinely held (where they state opinions)
– comply with applicable law in the UK and in any country from which they are posted.
9. Contributions must not:
– contain any material which is defamatory of any person
– contain any material which is obscene, offensive, hateful or inflammatory
– promote sexually explicit material
– promote violence
– promote discrimination based on race, sex, religion or belief, nationality, disability, sexual orientation, gender reassignment or age
– infringe any copyright, database right or trade mark of any other person
– be likely to deceive any person
– be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
– promote any illegal activity
– be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
– be likely to harass, upset, embarrass, alarm or annoy any other person
– be used to impersonate any person, or to misrepresent your identity or affiliation with any person
– give the impression that they emanate from us, if this is not the case, or
– advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10. We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
11. Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms and Conditions upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
– immediate, temporary or permanent withdrawal of your right to use the Site;
– immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
– issue of a warning to you;
– legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
– further legal action against you, or
– disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
12. We exclude liability for actions taken in response to breaches of this Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
13. We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on the Site.