We have done our best to make them as easy to understand as possible but if you have any questions, feel free to contact us at email@example.com
WHO WE ARE
We are SmartPurse Limited, trading as SmartPurse, a company incorporated and registered in England and Wales with company number 11881335. Our registered office is at The Chestnuts, Brewers End, Takeley, Essex, United Kingdom, CM22 6QJ (referred to as SmartPurse, we, our and us).
WHY WE ARE
We have created the SmartPurse money coaching and learning toolbox, inspiring women everywhere to build financial independence. SmartPurse is here to help everyone be smart with money, because we believe that financial confidence means independence, opportunities and peace of mind for all. We operate principally through an online platform where our customers can learn, browse and connect with coaches, and join webinars, as well as in-person for example when we arrange group coaching sessions and other events for our community. We also work with corporations and partners to bring SmartPurse to their staff, members, and users as applicable, although such affiliations will be subject to additional terms and conditions. Thank you for choosing to use our services – we do not guarantee results, but we believe we are doing our part to improve financial health for women.
In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Platform, which includes all our websites located at or accessible through www.smartpurse.me, any SmartPurse mobile application which we introduce from time to time, and all aspects which require a login, and which are accessible via desktop and mobile devices. References to our Platform include our owned sites, such as our customer service portal, but do not include links to third-party sites, such as the sites of our partners or third party software providers, each of which have their own terms and conditions. When you access our Platform, for the purposes of these Terms, you are using our business services (Services). These Terms govern your relationship with us when you access our Platform, so please make sure to read them carefully before you start accessing the Platform or using our Services generally. Once you start using our Platform you are taken to have understood and accepted these Terms. These Terms will form a binding agreement between you and us so if you have any questions, please let us know.
At SmartPurse, you are either a person or organization looking to read and interact with content on the Platform, learn about women’s finance and potentially connect with a coach (Customer) or you are a coach, looking to connect with potential clients (Coach). We refer to Customers and Coaches together as Users of SmartPurse. Whilst we have separate terms for our Coaches, these Terms also apply to Coaches where relevant.
OTHER APPLICABLE TERMS
CHANGES TO THESE TERMS
We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let you know what these significant changes are (provided you have registered with us) and you may contact us at firstname.lastname@example.org if you have queries regarding these significant changes.
We don't expect you to check these Terms every time you use our Platform but equally, we don't want to trouble you with every little update. We just ask that you check this page from time to time to take notice of any changes we have made. This is important because by continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them.
Our Platform is structured so that you are able to access it via any compatible device of your choosing, whether on desktop, mobile or tablet.
When you reach our Platform, you can use it to:
- create a personal account;
- consume and engage with Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us and may sometimes include content which is owned or controlled by third parties which we are permitted to make available to you);
- search for and connect with a potential Coach;
- sign up for events, including digital events such as webinars and courses, and in-person events such as organised meetups and group coaching sessions.
- receive notifications via push notifications, emails, SMS and when using the Platform. These messages may include information about your account, our Content, the SmartPurse community, and general product information;
- provide you with a platform to connect with other people;
- click on links to our social media channels, such as on Facebook, LinkedIn and Instagram;
- access customer support from our support team; and
- access our legal and data protection policies.
The list above is not necessarily a complete list of the functions of the Platform and we may decide to offer additional functions, or stop providing any Platform functions, at any time.
Our Platform will provide various forms of educational Content, including but not limited to articles, videos, podcasts, webinars (live and pre-recorded), newsletters, structured learning courses, checklists and quizzes. Some Content will be accessible by any Customer or visitor to the Platform, whereas other Content may be restricted to paying Customers, or Customers with a periodic subscription (Subscription).
In all cases, the Content is provided for educational purposes only, and is not and will not be construed as financial advice (regulated or otherwise). Each Customer’s financial, personal, commercial or other action is that Customer’s own full and unequivocal responsibility and SmartPurse will under no circumstances be held legally or financially responsible for the actions or consequences of any actions or choices of any Customer.
Each Customer understands that even if SmartPurse has financial expertise, that SmartPurse is not a Financial Conduct Authority (or equivalent) regulated entity and that any Content, coaching or other assistance provided is not regulated financial advice and as such Customers will never under any circumstances have a right to make a claim against SmartPurse relating to financial advice. Equally, each Customer understands that no part of the Platform or Services will ever constitute any other form of professional advice, such as investment advice or legal advice or tax advice or accounting advice. For these reasons, all professional liability in this regard is expressly disclaimed to the greatest extent permissible by law. SmartPurse will never be considered responsible or liable for a Customer’s financial position, decision-making, losses, or other actions, and all Users understand the scope and limitations of SmartPurse’s role and purpose.
VETTING COACHES LISTED ON SMARTPURSE
In order to ensure that Coaches are suitable to be listed on our Platform. We require all potential Coaches to fill out an application form before being listed, in which we ask them to provide us with information relating to their personal identity, experience and qualifications. If they pass through this stage, Coaches are then interviewed either on the phone or in person by a member of the SmartPurse team. Finally, we then invite Coaches to take part in a client advisor training session where Coaches are provided with training on how to become a trusted advisor of choice for women. Further, where a Coach is regulated by the Financial Conduct Authority (FCA) or any other competent regulatory body, we additionally conduct a background check on the individual to verify their regulated status. We retain full discretion as to the extent and scope of our vetting process and reserve the right on a case-by-case basis to adjust the above vetting process as we deem appropriate.
We retain full and sole discretion as to whether Coaches are accepted on to the Platform or not and if or when to remove them. Coaches agree that they will have no claim or action against us, if we choose not to accept them on to the Platform, whether as a result of our vetting process or otherwise. We cannot always provide reasons for not accepting a Coach, although we will make efforts to do so where we feel it would be fair or appropriate.
To the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Coach or guarantee that a Coach will not engage in misconduct in the future.
OUR ROLE IN CONNECTING CUSTOMERS AND COACHES
A core part of our Platform exists to connect Customers with Coaches (Connections). Once a Connection is made, either directly on the Platform, or manually by a member of the SmartPurse team, any contractual or other relationship then initiated between a Customer and a Coach is an entirely separate relationship which SmartPurse is not a party to (unless otherwise agreed by SmartPurse in writing). Our involvement in making Connections is limited to our obligations as set out in these Terms and anything beyond these obligations will be beyond our reasonable control. SmartPurse is not a party to any Customer-Coach contract, regardless of whether such contract is explicit or implicit, including where we have provided an example template for the Customer or Coach’s convenience, or where we are referred to as an intermediary.
Customers and Coaches acknowledge that SmartPurse is an intermediary in the arrangement but cannot guarantee the performance by either party of their respective obligations under a separate agreement. SmartPurse holds no liability to Customers or Coaches beyond what is stated in these Terms or other written agreements signed by an authorised signatory of SmartPurse. As such, to the extent any payment is made between a Customer and a Coach, any form of claim in respect of such payments or in respect of services generally must be made off the Platform with the relevant parties and competent authorities because SmartPurse is not a party to the applicable arrangement. This includes where any relevant amount has been discounted where a Customer has used a SmartPurse discount voucher to access the Coach’s services by virtue of a SmartPurse’s separate commercial relationship with that Coach. In such cases, SmartPurse remains a third party to the arrangement and will not be responsible or liable in respect of claims relating to the use or effectiveness of discount or other promotional vouchers.
Equally, we encourage Customers and Coaches to please inform us as soon as possible should any incident occur or reason for complaint arise in respect of a particular Customer or Coach, so that we can take appropriate action on our Platform. We reserve full discretion to take such action as we deem appropriate in circumstances where we receive complaints, including to remove certain individuals from the Platform without notice.
To register as a Coach on the Platform, you will need to pass our vetting process outlined above. If you do pass it, then we will provide you with a login, or give you instructions to access the Platform.
Unless waived in writing by an authorised SmartPurse representative, this will be subject to payment of the following fees in accordance with these Terms: (1) a one-off profile feature fee, and (2) a periodic monthly fee. The amount of such fees will be communicated to you by SmartPurse. Once featured on SmartPurse, each Coach will be able to make changes to their profile, subject always to the prior approval of SmartPurse. Please note that we require certain minimum levels of information on Coach profiles, and we reserve full discretion to determine those minimum levels from time to time. Please also note that it is your duty to keep your information up-to-date and compliant with any applicable legal and/or regulatory requirements.
Once registered as a Coach with us, you will be able to reply to Customer requests received, to arrange one-on-one sessions, and additionally we may facilitate you holding group sessions and/or ask you to join one of our other events (e.g. webinars).
To access certain parts of the Platform, Customers will have to sign up to create an account, and to gain access to more Platform features, you will be required to pay a periodic Subscription fee, in accordance with the instructions and options shown on the Platform from time to time.
Customers can initially create a free account by signing in using the instructions on the Platform. You must be at least 16 years old to register as a Customer. However, if you are under 18 years old, you confirm that you have your parent or guardian’s permission to register.
After registering, Customers can sign-in to our Platform using their email address and password provided. By signing up with us you agree to all applicable terms of the service, including these Terms.
All Customers and Coaches undertake to only provide us with truthful and accurate information in the registration process, and if we find or suspect that any information in your profile us untrue or inaccurate, then we reserve the right to suspend you temporarily or permanently from the Platform. We further reserve the right to take any such other action as may be legally available to us in such circumstances, including to report you to relevant authorities. It is entirely your responsibility to us to provide truthful information.
Customers and Coaches are responsible for looking after the security of their account information. This means that you are responsible for all activities that happen on your account and for any access to or use of the Platform by you or any person using your account even if that access or use has not been authorised by you.
Please immediately notify us of any unauthorised use of your account or any other breach of security relating to the Platform. We are not responsible for any loss or damage caused by the disclosure of your account details to someone else. You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.
MAKING PURCHASES ON THE PLATFORM
For access to certain parts of the SmartPurse Platform, you may be required to purchase a periodic Subscription with us. SmartPurse Subscriptions are payable on a monthly or annual basis or any other basis, subject to the options available on the Platform at the time of purchase. Please note that where we accept monthly instalments for annual Subscriptions, the agreed minimum contractual term is still 12 months, and you will not be entitled to cancel instalment payments before the end of the first 12-month term. If you do, this will be a breach of these Terms and we will be entitled to claim any unpaid instalments from you, with statutory levels of interest if applicable, and you agree that we may be able to charge your card directly for such payments where you have set up this functionality with us. Prices and the applicable Subscription period (e.g. monthly or annually) are shown on the relevant page(s) of the Platform. The price and Subscription period that applies when you make your original purchase will apply throughout your Subscription until we stop offering the Subscription or you choose to cancel (in the case of annual Subscriptions, after the first 12 months), unless you expressly consent to change your Subscription period. For example, we may offer the opportunity to upgrade from a monthly Subscription to an annual Subscription, or to a higher level of Subscription, but you will not be moved to the higher level without your express consent.
We may change our prices or pricing models at any time by posting new prices on the Platform, but such changes will not affect you during the period of your existing Subscription as at the date of any such change. You can cancel or remove your Subscription(s) via the Platform and if you do, you will lose access to the benefits associated with our applicable Subscription(s) and your financial commitments within any applicable minimum term (as stipulated in the paragraph above) will remain in accordance with the Terms of your minimum commitment when you set up your Subscription. At the end of each period of your Subscription, your Subscription with SmartPurse auto-renews. If you do not wish to auto-renew for the next period, you must let us know at least three days before the start of your next billing cycle to avoid auto-renewal for the following period. The benefits of Subscriptions will be listed on the Platform, and may include access to learning modules, checklists, tips, progress measurement tools and other interactive features. If you are unable to access a certain listed benefit, then please contact us at email@example.com so that we can grant you access as soon as possible.
If you do cancel your Subscription, you will: (i) revert to an unpaid plan; or (ii) be removed from the Platform, depending on the option you select when cancelling the Subscription.
You have the statutory right to cancel your Subscription at any time within fourteen (14) days beginning on the day we email you to confirm your Subscription (the Cooling-Off Period), but ONLY IF you have not yet consumed any Content yet or enjoyed other benefits of the Subscription. As soon as you do so, your statutory right to cancel your Subscription with a refund will expire. This applies equally to monthly, annual and any other Subscriptions. Please contact us at firstname.lastname@example.org if you believe you are entitled to a refund for a cancellation during a statutory Cooling-Off Period. Any such refunds may be made with deductions for payment processor transaction fees.
GROUP COACHING SESSIONS (INCLUDING WEBINARS)
We may also from time to time offer group coaching or teaching sessions which may be purchasable on a one-off basis directly via the Platform (Group Sessions). Such sessions may be (i) included on a case-by-case basis within Subscriptions or be free, (ii) delivered by a member of the SmartPurse team or a Coach, and (iii) either delivered online as a webinar or in-person. Details of each session will be communicated in advance to Customers or other paying participants. Once a place is booked or purchased, we do not offer refunds or cancellations. However, if you have someone who you would like to take your place, then please contact us and we may be able to arrange this. Webinars will be delivered using third party software providers – to the extent any technical issues disrupt a webinar, then we will seek to re-arrange it at a later time or date once the technical issues have been resolved with our third party software providers.
MATCHMAKING WITH COACHES
We may charge Customers additional fees for providing matchmaking services with Coaches (including where Customers have already purchased a Subscription) because of the additional time and effort required. Such fees may be payable on an invoice basis, or via the Platform. Once paid, we confirm that we will introduce you to at least one Coach which the Platform algorithm deems to fit your particular requirements. If you would like a different pairing, then we will use our reasonable efforts to connect you with a new one. However, to confirm, our formal responsibility is fulfilled once we have made a connection which we determine at our reasonable discretion to be suitable. You would not be due a refund if you ultimately do not enjoy your coaching sessions or fail to reach a final arrangement with a Coach.
To reiterate, we do not charge for one-on-one coaching sessions with Coaches – this is the responsibility of the Coach, and is an arrangement which we are not a party to.
Customers can make one-off purchases of listed products on the Platform (Products) at any time, such as Money Conversation Cards, including before creating a free account or purchasing a Subscription. Product fees are outlined clearly on the Platform and the total cost including any applicable sales taxes will be made clear to you prior to confirming a purchase. Currently, Products are available for purchase on request only, but we may make them available automatically via the Platform.
Once ordered on the Platform or via contacting us directly, we will aim to deliver Products to you within a stated or pre-agreed period. Please note that we are not responsible for delays outside of our control. If our delivery of any Products is delayed by an event outside of our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Smartpurse will then arrange for delivery as soon as possible after it. You will only be entitled to a refund if we confirm to you that we have not and will not be able to deliver the Product which you have purchased within a reasonable period of time (for example, more than 2 months).
When you purchase a Subscription, Product or other service directly from the Platform, you should receive an acknowledgement email confirming that we have received your order. We, or our third-party payments provider, then carry out a standard pre-authorisation check to make sure there is enough money on the card in order to process your payment. We only accept your order once payment has been approved and we have debited the payment card. By making a purchase on our Platform, you warrant that you are authorised to use the selected payment method.
IF WE CANNOT ACCEPT A PURCHASE
If we are unable to accept any kind of purchase (at our sole discretion), we will inform you of this by email and we will not charge you for the relevant Subscription(s) or Product(s) (or shall refund you). This might be because a Product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of a Subscription or Product or because we are unable to deliver what you intended to purchase. You acknowledge that a refund of any amounts paid will be your only available remedy if we are unable to accept a purchase after it has been made. All purchases may be subject to extra security checks at our discretion. This may include confirmation of credit/ debit card details and full address details.
MAKING CHANGES OR REQUESTING REFUNDS
The general rule, subject to applicable laws, is that you cannot change a Product or Subscription order after it has been made on our Platform or directly with us by other means of communication. Fees paid to us are non-refundable. However, we reserve the right to determine whether to permit changes or allow for refunds on a case-by-case basis.
We may from time to time provide certain promotional codes, for example as one-off promotions or as part of a loyalty programme, or as part of a corporate partnership. You agree that you will use promotional codes only in accordance with these Terms, or any additional terms we put in place for the relevant promotional codes.
SmartPurse reserves the right to withhold features or benefits obtained through the use of a promotional code by you or any other Customer if we believe that the use or redemption of a promotional code was in error, fraudulent, illegal, or in violation of the terms of the promotional code or of these Terms.
Where a Customer is using a SmartPurse promotional code or voucher to access discounts or other benefits from a Coach, please note that Smartpurse is not a party to the applicable contract formed between the Coach and the Customer. In such case, the Coach, by mutual consent is agreeing with SmartPurse to accept any such promotional code or voucher as part-payment in exchange for its own private services. If a Coach refuses to accept the applicable promotional code or voucher from a Customer, then the Customer may report the issue to SmartPurse so that SmartPurse can provide an explanation as to the promotion’s validity, or enquire with the Coach as to why it has refused to accept it, and take such action as we deem necessary or appropriate in accordance with our contractual rights.
For collecting payments directly on the Platform, we use secure payment processing providers, such as Stripe and/or Paypal. Please refer to their online terms and conditions for further details on their services.
ACCEPTABLE USE RESTRICTIONS
You may use the Platform and/or Services only for lawful purposes and those outlined in these Terms. In particular, but without limitation, you agree not to:
- use the Platform and/or Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use, share, modify or otherwise exploit the Platform or content of the Services for any commercial, business, or monetised purpose whatsoever other than those purposes outlined in these Terms;
- reproduce, duplicate, copy, share, or re-sell any part of the Platform and/or Services in contravention of these Terms;
- sub-licence or transfer the Platform or your user account to anyone else, except where we make possible and encourage sharing;
- use the Platform and/or Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other members;
- use the Platform and/or Services in a way which we deem to be inappropriate or abusive or which could cause offence or distress in any way to any Customer, Coach, SmartPurse staff-member or other person associated with our service;
- upload any inappropriate Content on the Platform or share it while receiving Services;
- 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 the Platform; or
- access without authority, interfere with, damage or disrupt (a) any part of the Platform; (b) any equipment or network on which the Platform is stored; (c) any software used in the provision of the Platform and/or Services; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
In addition, if you are a Coach, you agree to use the Platform and operate your relationship with SmartPurse in a way that will maintain trust between Customers and Coaches by complying with certain obligations, which include, but are not limited to:
- observing all our agreements in place relating to being a Coach on SmartPurse (which applies at all times when acting as a Coach, using the Platform or interacting with SmartPurse Customers);
- responding to all Smartpurse and Customer requests within a timely and respectful manner, unless there is a genuine and legitimate reason for not doing so;
- using all reasonable efforts to avoid cancellations for delivery of Group Sessions, unless there is a genuine and legitimate reason for doing so (and in which case you will be required to provide an explanation);
- maintaining an overall high and consistent standard of performance, such that would be expected by Customers;
- making it clear to Customers that you are a separate individual and entity to SmartPurse and that SmartPurse is not a party to any contract between you and the Customer;
- making it clear (in addition to these binding Terms) that SmartPurse is not responsible or liable for their financial or other actions (or inactions) and/or decision-making or any consequences thereof;
not doing or saying anything publicly which could negatively impact or harm SmartPurse, our reputation or our Platform,(together the Coach Minimum Requirements).
TERMINATION OF YOUR RIGHTS
We may end or suspend your rights under these Terms immediately and without notice if:
- you have breached any of the Acceptable Use Restrictions and/or Coach Minimum Requirements;
- we believe that your use of the Platform or our Services on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
- you are otherwise in breach of these Terms.
If we end your rights under these Terms:
- you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform and/or Services;
- if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so; and
- you will not be entitled to any refund as a result of your breach or unsuitable use.
INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT
This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us (the User Content) and what your obligations are in relation to that User Content. User Content includes content provided by both Customers and Coaches when accessing our Platform.
You agree that:
- the Platform and all material published on, in, or via it (including but not limited to the User Content) is owned and controlled by or licensed to us;
- in respect of the User Content that you create, upload, send or post to us that:
- you retain the ownership rights in the User Content;
- you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Platform, on other websites and apps (such as social media platforms), on physical products and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
- we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
- you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
You represent and warrant on an ongoing basis that you:
- are the owner or authorised licensee of all User Content, and where it features any third party, that you have their explicit consent to provide it to us;
- have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
- will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant SmartPurse policy; and
- have all required permissions and consents from any third party whose personal information is included in any User Content.
Re-use, re-publication or similar in any format or medium of any content on our Platform is strictly forbidden without the express written consent of an authorised representative of SmartPurse. Any failure to abide by this provision will be a breach of our copyright and these Terms, and you agree that financial damages may not be sufficient remedy for any such breach, and that we may be entitled to injunctive or other equitable relief in addition. Where we do provide such consent, you must always clearly credit SmartPurse as the author or originator of the work (and any other original source who provided the content to us, if applicable), in a mutually agreed format.
INTERACTION AND REPORTING
Our Platform may enable Customers and Coaches to interact directly with each other. From time to time we may additionally make available interactive services at various stages of the matchmaking processes. All Customers and Coaches acknowledge and agree that they are responsible for their own interactions on the Platform (and for the avoidance of doubt, off of it!). SmartPurse does not and cannot directly control or fully moderate interactions in real time, and all Customers and/or Coaches should use the reporting mechanism below to ensure that any harmful User Content or interactions are identified and addressed as efficiently as possible. You acknowledge that SmartPurse is at all times entitled and permitted to monitor and view all such interactions within the Platform, including in direct messages between two or more Customers and/or Coaches.
Reporting mechanism: If you see any User Content or interaction which you find offensive, abusive or in any way inappropriate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate User Content or communications to us via email@example.com. One of our team will then review your report and take any action we deem appropriate.
AVAILABILITY OF THE PLATFORM
The Platform is provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects.
Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
If you wish to terminate your account with us, you can do so at any time by deleting your account, although please remember that you will not be refunded for payments already made if you choose to do so, other than otherwise stated.
WEBSITES WE LINK TO
The Platform may link to other third-party websites from which third party services can be obtained, or which refer to or publish SmartPurse Content. Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content (other than where they have re-produced our Content without editing it with our written consent), safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk in all circumstances.
We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices.
We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.
Coaches must have suitable professional indemnity and any other applicable insurance for a person providing coaching services in respect of any services they provide to Customers. SmartPurse does not provide insurance coverage for Coaches, and insurance is the Coach’s sole responsibility.
We will under no circumstances be a party to any insurance policy or contract which a Coach puts in place with an insurance underwriter, or insurance broker. Any claims made under such a policy or contract must be made directly with the Coach’s broker and underwriter.
It is each Coach’s responsibility to inform their applicable underwriter or broker that they are listed on the SmartPurse Platform and to make any policy adjustments as required.
NO RELIANCE ON INFORMATION
All Content published on or via the Platform is provided in good faith and for general information and educational purposes only. It is generic in nature and not specifically directed at you as an individual and therefore does not and cannot fully contemplate your individual circumstances. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk. SmartPurse is not to be considered a financial advisor (regulated or otherwise) unless separately engaged as such pursuant to a written agreement signed by a director of SmartPurse. This also applies to all information conveyed off the Platform, for example in talks given by members of the SmartPurse team or in person-coaching sessions. You understand that you are responsible for your own actions and decision-making, and where you feel it necessary, seeking professional advice from third parties.
IF THERE IS A PROBLEM WITH THE PLATFORM
If you have any questions or complaints about the Platform, please contact us. You can contact us at firstname.lastname@example.org.
We are under a legal duty to provide a Platform that is in conformity with these Terms and have set out a summary of your key legal rights in relation to the Platform. Nothing in these Terms will affect your legal rights.
Summary of key legal rights:
- the Platform must be as described, fit for purpose and of a satisfactory quality;
- if the Platform is faulty, you are entitled to a repair or replacement;
- if the fault cannot be fixed, or if it hasn't been fixed within a reasonable time (e.g. one month) and without significant inconvenience, you can get some or all of your money back for the relevant time period on a pro-rata basis; and
- if you can show the fault has damaged your device, and we haven't used reasonable care and skill, you may be entitled to a repair or compensation (as set out in the section below).
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Please note that SmartPurse will not be deemed negligent where you have taken financial or professional decisions based on Content because we have made it clear that all Content is generic and is for educational purposes only, and that you are personally responsible for the decisions you take (including any decision not to take professional or regulated advice from an entity you formally engage to provide it).
We provide the Platform and our off-platform Services for the purposes outlined in these Terms. You agree not to use any of them for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform or receiving our Services may have on you, and you agree that you access the Platform and our Services at your own risk.
COMMUNICATIONS BETWEEN US
If you wish to contact us for any reason, you can do so via email@example.com.
Other than to provide the services within our Platform, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time via the Platform, or (if not available on the Platform) by contacting us directly.
The Platform may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.
None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.
Under these Terms, you are granted a licence only in respect of our Platform. Any payments made are in consideration for a licence to access our Platform. We retain ownership in the Platform at all times.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between SmartPurse and any Customer or Coach.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, or other agreement we have in place (e.g. with Coaches) these Terms are the full agreement between us and our Customers and Coaches.
These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.
SmartPurse is a registered trademark of Smartpurse Ltd. All SmartPurse trademarks, service marks, trade names, logos, domain names, and any other features of the SmartPurse brand (“SmartPurse Brand Features”) are the sole property of SmartPurse or its licensors. These Terms do not grant you any rights to use any SmartPurse Brand Features whether for commercial or non-commercial use.