Terms Of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our Application, Website & sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by SmartCPD.
By accessing this Application, you are agreeing to be bound by these Application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Application are protected by applicable copyright and trademark law.
The last update to our Terms of Service was posted on July 1st, 2020.
The terms “us” or “we” or “our” refers to SmartCPD, the owner of the Application.
A “Visitor” is someone who merely browses our Application, but has not registered as a Member.
A “Member” is an individual that has registered with us to use our Service.
Our “Service” represents the collective functionality and features as offered through our Application to our Members.
A “User” is a collective identifier that refers to either a Visitor or a Member.
An “Approved Organisation” is an organisation that has signed a contract with SmartCPD or has been offered a time-limited free-trial.
All text, information, graphics, audio, video, and data offered through our Application are collectively known as our “Content”.
Permission is granted to all members of any Approved Organisation to use the SmartCPD software platform to access that company’s system information, including but not limited to: event information, pre-recorded content, completion certificates, aggregated analytical data and user feedback and support tickets.
SmartCPD’s Application is intended for use by individual practitioners for non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on SmartCPD’s Application; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SmartCPD at any time.
Listing of offered products on the Application could be used only for lawful purposes by Users of the Application. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of SmartCPD without express composed consent. You might not use any meta tags or any various other “unseen text” utilizing SmartCPD’s name or trademarks without the express written consent of SmartCPD. You agree not to offer or modify any content found on the Application consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of SmartCPD, in other way that is likely to trigger confusion among consumers, that disparages or challenges SmartCPD or its licensors, that dilutes the strength of SmartCPD’s or its licensor’s property, or that otherwise infringes SmartCPD’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other Application or in a networked computer system environment for any purpose is prohibited. Any code that SmartCPD develops to generate or show any Material of the pages making up the Application is likewise secured by SmartCPD’s copyright, and you may not copy or adjust such code.
SmartCPD has no duty to keep track of any items published, transferred, or connected to or with the application. If you think that something on the Application breaches these Terms please contact our marked representative as set forth below or email firstname.lastname@example.org.
You are connecting with us electronically when you go to the Application or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communications that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the application, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature (“Personal Data”) from the application. Your disclosure of any Personal Data on the application might result in the immediate termination of your account. SmartCPD additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.
SmartCPD does not guarantee the truthfulness, precision, or dependability of Content on the app, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
Your account is for personal use only, your account details should never be shared with a third party.
Reviews, Comments, and Other Material
Registered Users of the application might post evaluations and remarks of a recording or event by means of the application, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. SmartCPD reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless SmartCPD suggests otherwise, you grant SmartCPD a nonexclusive, royalty-free, permanent, irrevocable, and completely sublicensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant SmartCPD and sublicenses the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify SmartCPD for all claims resulting from Content You supply. SmartCPD has the right but not the commitment to edit and keep track of or eliminate any task or Material. SmartCPD takes no duty and assumes no liability for any content published by You or any 3rd party.
The certificates provided by SmartCPD stipulate that your account has completed a given webinar. By submitting your certificates to the Law Society of Ireland, you are declaring that you have personally completed the online material. SmartCPD is a software provider and takes no responsibility for the declarations of our members to third parties.
Our application may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our application does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our application is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our application is strictly prohibited. Your use of our application does not grant you ownership rights of any kind in our application.
Approved Organisations and their representatives may upload their own pre-recorded content to the SmartCPD system. This content remains the property of the Approved Organisation and SmartCPD makes no claim to any uploaded materials. A User may access an Approved Organisation’s content, but this content remains property of the Approved Organisation.
Revisions and Errata
The materials appearing on SmartCPD’s application could include technical, typographical, or photographic errors. SmartCPD does not warrant that any of the materials on its application are accurate, complete, or current. SmartCPD may make changes to the materials contained on its application at any time without notice. SmartCPD does not, however, make any commitment to update the materials.
The materials on SmartCPD‘s application are provided “as is” SmartCPD makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, SmartCPD does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet application or otherwise relating to such materials or on any sites linked to this site. SmartCPD likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE APPLICATION AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APPLICATION ARE PROVIDED BY SmartCPD ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SmartCPD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS APPLICATION OR THE INFO, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION IS AT YOUR OWN RISK.
TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, SmartCPD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. SmartCPD DOES NOT WARRANT THAT THIS APPLICATION; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM SmartCPD ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. SmartCPD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES LISTED ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL SmartCPD’S LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE APPLICATION OR YOUR USE OF THE APPLICATION, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND €100.
Links to Other applications
Our application may contain links to third party applications. These links are controlled by your Approved Organisation and are not affiliated in any way with SmartCPD. By linking to these applications, we do not create or have an affiliation with, or sponsor such third party applications. The inclusion of links within our application does not constitute any endorsement, guarantee, warranty, or recommendation of such third party applications. SmartCPD has no control over the legal documents and privacy practices of third party applications; as such, you access any such third party applications at your own risk.
Site Terms of Service Modifications
SmartCPD may revise these Terms of Service for its application at any time without notice. By using this application you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to SmartCPD’s application shall be governed by the laws of Ireland without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
You accept defend, indemnify, and hold safe SmartCPD, its affiliates, and their corresponding officers, directors, partners, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from (i) any Content of most material You offer to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. SmartCPD will provide notice to You promptly of any such claim, match, or case.
Our Legal Terms shall be treated as though it were executed and performed in Ireland and shall be governed by and construed in accordance with the laws of Ireland without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our application, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our application conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of SmartCPD under our Legal Terms shall survive the termination of our Legal Terms.