Terms and Conditions
These Terms and Conditions (“Terms”) represent a binding agreement between iSmart and You. It is important that You understand Your responsibilities and the limitations to the services which You choose to use. Our services are diverse and as a result additional service-specific terms may apply. If this is the case, these service specific terms shall become part of Our Terms.
Please use Our services responsibly. By using Our website or any of Our services, You agree to Our Terms. Take note that these Terms may change from time to time. If You have used Our services before, You cannot assume that the Terms are still the same. You should review them on a regular basis and check the effective date and version number in force from time to time.
- You wish to use iSmart services (meaning services as provided under these Terms; hereinafter “Service,” or “Free Service,” collectively the “Services”) as either a paying customer (“Customer”) and/or Our Free Service as a non-paying customer (“Non-Paying Customer”). By applying for the services using Our online order form You are using Our services as a Non-Paying Customer according to the Clause 3.b until decided otherwise at iSmart’s sole discretion.
- iSmart means a brand of iSmart Ltd., a company registered in Malta and whose registered office is situated at [insert address here] (hereinafter “iSmart”; “We”; “Our”; “Us”).
- You wish to use the Services and We are willing to make the Services available to You subject to and in accordance with these Terms
- You are entering into a binding agreement. If You accept these Terms and Conditions of Our Service on behalf of Your employer or another person, You confirm that You have the consent of Your employer or that person to act on their behalf. THESE TERMS APPLY TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON iSmart’s PORTAL, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are Your solely responsible for.
In the case of iSmart Home it is intended that the parents subscribe to the service on behalf of their child and set the username and password for their child accordingly.
In the case of iSmart Class/School the school subscribes to the service on behalf of its students and sets the username and password per student and distributes the same accordingly.
- The Service enables a subscriber to use Our Portal and/or iSmart solution and any related applications (including mobile applications) as set out as part of Your online registration.
- Any such billable unit under the Services shall be referred in these Terms and Conditions as a “Service Charge”.
- The Free Service will enable Non-Paying Customers to:
- Some or all elements of the Free Service may be accessed via a web application, an email gateway, a software tool and/or a web service more particularly described on our Portal at https://getismart.com.
- We strive to continually improve our Services and offerings. You acknowledge that we may change our APIs from time to time, and that it is Your responsibility to ensure that Your use of the Services is compatible with the then-current APIs for the Service. While we endeavour to avoid changes to our APIs that are not backward compatible, in the event that such a change is implemented We will use reasonable efforts to inform You of any material changes with notice whenever possible so that You can adjust your applications accordingly.
- You shall be fully responsible for the content of the messages sent to Your customers or any third party.
Availability and Interruption of the Service
We will make the Services available to You as either a Customer and/or a Non-Paying Customer using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, Your ability to access and/or use the Services and the conducting of any given Service Charge may depend upon factors beyond Our reasonable control, including (but not limited to):
- Factors affecting the operation of the Services and/or preventing Service Charge from being successfully conducted such as, by way of example, disruption of internet connectivity or a denial of service attack on our servers; or
- Factors preventing end-users from concluding a Service Charge transaction such as, by way of example, non-conclusion of payment transaction through electronic means.
- We cannot therefore guarantee:
- That the Services will be available to You at all times or free from faults or interruptions;
- The receipt by any intended recipient of any Service Charge sent using the Services (as applicable);
- That the device on which the softare is installed is suitable for the Service;
- An improvement in the child or student’s behaviour or improvement in educational ability as a consequence of using the Service.
- We will not be in any way liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failure on the part of any network or any other event which is beyond Our reasonable control. We provide all services “as is” and “as available” and on a best effort basis, and We hereby do not warrant, represent or guarantee, whether expressly or impliedly, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third-party rights.
- We may, at Our sole discretion, alter or improve the Services We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.
- It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.
- We may at Our sole discretion suspend Your access to the Services and/or cease to allow any Service Charges to be conducted by You at any time. We are entitled to terminate these Terms for any reason, in which case We will give You appropriate notice as soon as is reasonably possible.
- Should Your account utilized in the provision of iSmart Service be inactive for a period of six (6) months it shall be at iSmart’s sole discretion to suspend iSmart Services to You. You may reactivate the account with a request to iSmart sent three (3) working days prior to the required reactivation.
Your Account and its Management
- After the Free Service session is completed, You have the option to request the full Service which will enable You to become a Paying Customer.
- You are responsible for providing suitable hardware or communications equipment, and for all other infrastructure necessary to ensure Your access to Our Services
- You hereby authorize Us to send notices to You relating to these Terms (e.g., notices of breach and/or suspension and regarding Our Service) via e-mail to the e-mail address You provide to Us in your Account or otherwise on the Services, in addition to the other means and methods set forth in these Terms. It is Your responsibility to keep Your e-mail address current, and You will be deemed to have received any e-mail sent to the last known e-mail address We have on record for You. Notices that We send to You via e-mail will be deemed effective upon our sending of the e-mail. Notices provided to Us under these Terms shall be sent to the attention of The Technical Department – [email protected] at:
Unless otherwise specified in these Term, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Passwords and Security
- In order to provide Our services, We may require certain information from You. You must ensure that the information provided by You is complete and accurate and up to date at all times. We may suspend or terminate any service if You give information that is incomplete and/or inaccurate. You warrant that all information You provide to Us is complete and accurate and You indemnify iSmart against any liability that may arise as a result of Your failure to provide complete and accurate information. You must immediately notify Us if any of Your information changes and requires updating in Our records.
- We will give You or ask You to choose a username and password for each account. We may change, cancel or suspend Your password which You will be notified about.
- must keep Your username and password confidential at all times;
- must not circumvent, or attempt to circumvent, Our user authentication systems;
- must tell Us immediately if there is any unauthorized use of Your account or any other breach of security;
- are entirely responsible for all payments and any activities that occur on Your account;
- are liable for any damage, loss or costs that we or any third party may sustain as a result of any of your actions, or any actions of a third party using Your password, account name or account information; and
- must indemnify Us against any claim from any use of Your password, account name or account information by a third party or as a result of Your violation of this section.