Terms & Conditions
Last modified: 9th December 2020
These terms and conditions constitute the entire agreement (the "Terms", or "Agreement") between any user ("You", or "User") of SmarterQueue.com ("Site") and SmarterQueue Ltd ("We", "Our", or "SmarterQueue") in relation to the User's access to the Site's services and provisions (the "Services") and supersedes all previous agreements in respect of the User's use of the Site. By using the Site, the User accepts this Agreement in full and that the exclusions and limitations of liability set out in this Agreement are reasonable. If the User disagrees with these terms and conditions or any part of this Agreement, or does not think that they are reasonable, the User must not use the Site.
Without prejudice to SmarterQueue's other rights under this Agreement, if the User breaches this Agreement in any way, We may take such action as We deem appropriate to deal with the breach, including suspending the User's access to the website, prohibiting the User from accessing the website, blocking computers using the User's IP address from accessing the website, contacting the User's internet service provider to request that they block the User's access to the website and/or bringing court proceedings against the User.
We reserve the right to change this Agreement from time to time as We see fit and the User's continued use of the Site will signify the User's acceptance of any adjustment to these terms.
If any provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
We may transfer, sub-contract or otherwise deal with Our rights and/or obligations under this Agreement without notifying the User or obtaining the User's consent.
The User may not transfer, sub-contract or otherwise deal with the User's rights and/or obligations under this Agreement.
The laws of England and Wales govern this Agreement. By accessing the Site the User consents to this Agreement and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of SmarterQueue to enforce any of the provisions set out in this Agreement and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of this Agreement or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. this Agreement shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of SmarterQueue.
As a condition to using certain products and services of the Service, the User may be required to register with SmarterQueue and select a password. The User shall provide SmarterQueue with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of the User's account. We reserve the right to refuse registration of, or cancel the User's account in its discretion. The User shall be responsible for maintaining the confidentiality of the User's Site password and other account information.
ACCESS TO YOUR ACCOUNT
Subject to the terms and conditions of this Agreement, the Service is solely for the User's personal/business use. As used herein, "User" includes SmarterQueue's paying customers ("Customers"). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.
We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. We may also impose limits on certain features and services or restrict the User's access to parts or all of the Services without notice or liability.
The User certifies to SmarterQueue that if the User is an individual (i.e., not a corporation) the User is at least 13 years of age and if the User is under 18 years of age the User has parental consent to use the Site. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service, including keeping all account details accurate and up to date. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
The User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. The User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
The User is solely responsible for properly canceling the User's account. We do not accept any liability for loss of content due to account cancellation. If the User cancels the service before the end of the User's current paid up month, the User's cancellation will take effect immediately and the User will not be charged again.
We may terminate the User's access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If the User wishes to terminate this Agreement or the User's account (if the User has one), the User may simply discontinue using the Site. Notwithstanding the foregoing, if the User has a paid account, such account can only be terminated by SmarterQueue if the User materially breaches this Agreement and fails to cure such breach within thirty (30) days from SmarterQueue's notice to the User thereof; provided that, We can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Unless otherwise stated, SmarterQueue and/or its licensors own the intellectual property rights in the website and material on the website including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for the User's own personal use, subject to the restrictions set out below and elsewhere in this Agreement.
The User agrees that all content and materials ("Content") delivered via the Service or otherwise made available by SmarterQueue on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. SmarterQueue does not support the distribution of pornographic content. Except as expressly authorized by SmarterQueue in writing, the User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.
The User is responsible for all activity that occurs within their account, including but not limited to posts, messages and updates, including that not carried out by the User, and is responsible for ensuring that all such activity complies with applicable laws.
In this Agreement, "the User's user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that the User submit to the Site, for whatever purpose.
SmarterQueue allows the User to upload content, including photos and images. Anything that the User upload is referred to as "User Content." You retain all rights and intellectual property in, and are solely responsible for, the User Content the User posts on the Site. SmarterQueue does not claim any right of ownership of User Content.
You grant to SmarterQueue a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute the User's user content in any existing or future media, for the purpose of supporting and providing the Service to you. You also grant to SmarterQueue the right to sub-license these rights, and the right to bring an action for infringement of these rights. This is so that we can publish User Content to social media platforms, as well as store and analyse User Content with third party service providers.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against the User or SmarterQueue or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to the Site, or stored on SmarterQueue's servers, or hosted or published upon the Site.
Notwithstanding SmarterQueue's rights under this Agreement in relation to user content, SmarterQueue does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.
LIMITATIONS OF LIABILITY
SmarterQueue will not be liable to the User (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, the Site:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss;
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if SmarterQueue has been expressly advised of the potential loss.
User shall not, nor permit anyone else to, directly or indirectly:
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law);
- modify or create derivatives of any part of the Service;
- use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. We reserve the right to bar any such activity;
- gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any SmarterQueue server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means;
- probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SmarterQueue's systems or networks, or any systems or networks connected to the Service or to SmarterQueue;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service;
- register for more than one free trial;
- use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement;
- republish material from the Site (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public without written permission;
- reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from the Site (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within the User's organisation.
FEES & PAYMENT
Premium paid services are available on the Site for the Users using a valid credit / debit card, or Paypal account.
By selecting a premium service the User agrees to pay SmarterQueue the monthly or annual subscription fees indicated for that service. Payments will be charged on the day the User signs up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Recurring payments will be charged on the same date each month / year from the User's first payment date, unless cancelled. If the User's payment fails, the User will be informed and two further attempts will be made in the following 14 days, during which the User's account will still be active. After this grace period, if no payment is made, the User's subscription will be cancelled until a future payment is made, or the User chooses to cancel the User's account.
For any upgrade of plan, a pro-rated payment will be taken from the User's billing method for the current payment period, and the new pricing will take effect at the next payment period.
For any downgrade of plan, the new pricing will take effect at the next payment period.
CANCELLATION & REFUNDS
Accounts may be cancelled by submitting the Cancel Subscription form. Note that accounts will not be automatically cancelled when you submit the form, and your account will continue to be active until the end of the current payment period.
Payment due date: Payment is due when the free trial ends, or a billing cycle is up for renewal at the end of a billing month/year. The aforementioned grace period gives customers an opportunity to complete a failed payment without service being suspended immediately, however the payment due date is still the date of the start of the billing cycle, and not the date that the payment was successfully completed.
A payment for the monthly service is only refundable if the account is cancelled within 48 hours of the payment due date. EU customers are entitled to a refund if requested within 14 days of the payment due date.
A payment for the annual service is only refundable if the account is cancelled within 14 days of the payment due date. After that, there will be no refunds for partial months of service, or for unused months.
In exceptional circumstances where the User has accidentally renewed the User's service and has proof that it hasn't been used for a while, we will consider a refund of the payments, up to a maximum of 2 months.
VAT / TAXES
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties. SmarterQueue became VAT-registered on July 1st 2018. Our UK VAT number is 298326460.
The Site is provided "as is". SmarterQueue and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SmarterQueue nor its suppliers and licensors, makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that the User download from, or otherwise obtain content or services through, the Site at the User's own discretion and risk.
Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
You represent and warrant that:
- the User's use of the Site will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless SmarterQueue, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the User's use of the Site, including but not limited to out of the User's violation this Agreement.
In no event will SmarterQueue, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- any special, incidental or consequential damages;
- the cost of procurement or substitute products or services;
- for interruption of use or loss or corruption of data;
- for any amounts that exceed the fees paid by the User to SmarterQueue under this agreement during the twelve (12) month period prior to the cause of action. SmarterQueue shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Access to certain areas of the Site is restricted. SmarterQueue reserves the right to restrict access to any and all areas of the Site at SmarterQueue's discretion.
If SmarterQueue provides the User with a user ID and password to enable the User to access restricted areas of the Site or other content or services, the User must ensure that the user ID and password are kept confidential.
SmarterQueue may disable the User's user ID and password in SmarterQueue's sole discretion without notice or explanation.
The User's account may only be used by the User, or the User's agents / employees authorised to act on the User's behalf.
Nothing in this Agreement will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Agreement will exclude or limit SmarterQueue's liability in respect of any:
- death or personal injury caused by SmarterQueue's negligence;
- fraud or fraudulent misrepresentation on the part of SmarterQueue;
- matter which it would be illegal or unlawful for SmarterQueue to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both parties.
If you have any thoughts or questions about these terms & conditions, or any other related issue, please contact us.
CHANGES IN OUR TERMS
- 09/12/2020 - Clarification of payment due dates and refund timelines.
- 24/11/2020 - Updated terms for Black Friday Deal 2020.
- 20/11/2019 - Added terms for Black Friday Deal 2019.
- 05/09/2018 - Added VAT details.
- 20/10/2017 - Downgraded plans are no longer pro-rated straight away. The new plan pricing will take effect at the next payment period.
- 20/10/2017 - Monthly payments are now refundable within the first 48 hours after payment (or 14 days for EU customers).
- 20/10/2017 - Clarification of our cancellation and refund policies.