Terms and Conditions
Legal Information
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, VISITING OR USING SMARTTRACKER.ORG.UK WEB SITE (“SITE”), YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORISED TO BE SO BOUND. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, VISIT OR MAKE ANY USE OF THIS SITE OR THE INFORMATION OR MATERIALS INCLUDED HEREIN.
General access rules
Innervate Limited (Our company incorporated in England, and hereafter referred to as Innervate Ltd) is operating the site to provide information, education and communication with respect to the emotions and mental health of people. This site is not designed or made available for the purpose of advertising or otherwise promoting any medication to any patient or any member of the public accessing site. Our contact details are listed on the web page “Contact us”. Certain sections or pages of the Site contain separate and / or additional terms and conditions, like our Privacy Policy. Those separate terms and conditions are in addition to and prevail over the present Terms and Conditions of Use, which govern your access and use of this Site, any materials or information provided by us on this Site and any e-mail correspondence between us.
Non-commercial use of site documents, respecting all trademarks
Innervate Limited, hereby authorises you to copy documents published by Innervate Limited on the World Wide Web for non-commercial use only, provided any copy of these documents which you make retains all copyright and other proprietary notices contained herein. You should assume that all content appearing on SmartTracker.org.uk (the Site) is copyrighted by either Innervate Limited or third parties unless otherwise noted and may not be used except as provided herein and with the express written permission of Innervate Limited.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right, either express or implied, under any patent or trademark of Innervate Limited or any third party. No use of any trademark may be made without the prior written authorisation of the trademark’s owner, except to identify the relevant product or services.
Images of people or places displayed on the Site are either the property of, or used with permission by, Innervate Limited. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the Site. Unauthorised use of the images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
Information intended for UK & Ireland residents only
All materials and information appearing on this Site are intended for UK & Ireland residents only.
Information is no substitute for consulting a health professional
The information on the Site is intended only to provide knowledge of emotion issues. This information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. Innervate Limited does not recommend the self-management of health problems. Information obtained by using the Site is not exhaustive and does not cover all aspect of emotional support, ailments, physical conditions or their treatment. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here.
Information is not necessarily accurate, complete, or current
Information accessed on the Site is not exhaustive. Innervate Limited makes reasonable efforts to include accurate and current information, wherever possible, but makes no warranties or representations as to its accuracy or completeness. This information is provided “as is” without warranty of any kind, either express or implied, including but not limited to implied warranty of fitness for a particular purpose.
Innervate is not responsible for computer damage resulting from using the Site. Innervate Limited makes no representation or warranty that access to the Site will be available on a timely basis, will be uninterrupted or will be error free. Innervate Limited does not warrant that these pages, or the server that makes them available, are free of viruses or other harmful elements. In no event shall Innervate Limited, its affiliates and subsidiaries, and their respective officers directors, employees, agents, representatives, information providers and licensers and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, exemplary, special, punitive or other damages even if informed of the possibility of such damages. The above exclusion may not apply in jurisdictions to the extent that they do not allow the exclusion of implied warranties.
Innervate Limited does not endorse the content of linked external sites
This Site also contains links to web sites published by third parties. Links to this Site may also be included on third party web sites. Innervate Limited has not reviewed all of the web sites linked to or from this Site and is neither responsible nor liable for the contents of any off-web site pages or any other non-Innervate Limited web sites linked to or from this Site. Innervate Limited provides or allows such links as a convenience. By creating a link to a third party web site or by being a target of a link from a third party web site, Innervate Limited does not endorse or recommend the companies or any contents, opinions, claims, comments, products or services included in or offered on that third party web site nor does Innervate Limited identify with the companies, content, opinions, claims, comments, products or services of such web sites. Neither does Innervate Limited express any implied or explicit appreciation as to the accuracy and / or reliability of the information to be found, directly or indirectly, on any third party web site or as to the reliability and / or good faith of any third party. Innervate Limited has not attempted to verify the truth or accuracy of any such opinion, claim or comment, nor do we endorse or support them. Innervate Limited does not warrant, nor is it in any way responsible for, software on linked sites that are outside of Innervate Limited’s control. Your linking to or from any other off-Web site pages or other web sites is at your own risk.
If you are of the opinion that a linked web site does contain any unlawful or illegal content, please contact Innervate Limited at the address mentioned on the Web page “Contact us”.
Disclaimers for specific Site features
Certain features on the Site may ask you to first read and consent to a disclaimer before allowing you to proceed further. Those disclaimers will appear prominently and are described in detail in the pertinent sections. You should not proceed into any of those sections without having read and consented to the pertinent disclaimers first.
Unauthorised access
Access to and use of password protected and / or secure information areas of the Site is restricted to authorised users only.
Termination and indemnification
You agree that Innervate Limited may terminate your access to and use of the Site at any time, without prior notice, if it considers you have violated any of these terms and conditions. You agree to indemnify, defend and hold harmless Innervate Limited, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these terms and conditions or Innervate Limited’s termination of your access to or use of this Site. Termination will not affect either party’s rights or obligations, which accrued before the termination.
Fees
Access to SmartTracker.org.uk is free. Innervate Ltd. reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
Severability and changes
In the event any of the provisions of these terms and conditions would be held to be unenforceable, the remaining provisions shall remain in full force and effect and the unenforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision.
Limitation of Liability
Under no circumstances shall Innervate Ltd, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Site or due to your reliance on any of the content contained or the services provided on the Site.
Indemnification
You agree to indemnify and hold harmless Innervate Ltd its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Member Notices
If you register as a member, you agree that Innervate Ltd may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
Miscellaneous
Innervate Limited’s failure to insist upon or enforce strict performance of any provision of the terms and conditions herein shall not be construed as a waiver of any provision or right. Innervate Limited may assign its rights and duties under these terms and conditions to any party at any time without notice to you.
Copyright
Copyright © 2021 Innervate. All rights reserved. All copyright and other intellectual property rights in all text, images, sound, software and other materials on this Website are owned by Innervate or are included with the permission of the relevant owner (“the Copyright Notice”). If you do not have SmartTracker Membership, you are permitted to browse the unrestricted areas of this Website and to reproduce extracts by way of printing, downloading to a hard disk, and by distribution to other people, but in all cases for informational purposes only and provided that the Copyright Notice appears in all such reproductions. If you have SmartTracker Membership, in addition to the rights of access and to reproduce extracts of information in the unrestricted areas, you may also browse the restricted areas of this Website and reproduce extracts for your personal use and coaching purposes only by way of printing, downloading to a hard disk, provided that the Copyright Notice appears in such reproductions. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work or publication, whether in hard copy or electronic format, including posting to any other site. No other licence or right is granted.
Changes to the legal disclaimer
Innervate Limited reserves the right to make additions, deletions, or modifications to the information or materials on the Site at any time without any prior notification, including these terms and conditions. You should, therefore, periodically visit this page to review the current terms and conditions. Your continued access and use of this Site after changes to the terms and conditions are posted constitutes your acceptance of the terms and conditions as amended.
Governing law and jurisdiction
The regulations laid down in these terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any legal action concerning these provisions or this Site must be brought before the competent court in England and Wales, without prejudice to Innervate Limited’s or the Site user’s right to bring suit before a court of competent jurisdiction.