Terms of Use

 

1. Introduction
This agreement binds you or the company you represent (“you,” or “your”) to the terms and conditions set forth herein in connection with your use of ‘optimize smart’ (“our”, “we” or “optimize smart”) online training, services or other offerings on our site (collectively, our “products”). By using any of our products or clicking on the “take this course” or “purchase this course” button, you agree to become bound by the terms and conditions of this agreement.

2. Additional terms
Any personal information submitted in connection with your use of the products or the site is subject to our privacy policy.

3. Privacy Policy
By using the website, you are accepting the practices described in this privacy policy. Your privacy matters to us and we promise to guard your personally identifying information from any third party.

OptimizeSmart does not share your email address or personal information with any third party except with those service providers (partners, associates, contractors, payment processors) who may need this information to perform their work. These service providers are not permitted to use or share such information for any other purpose.

4. General

The Products include, facilitating and hosting Online Courses and supporting materials, and testing students for the course. Optimize Smart reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site.Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.

Optimize Smart may modify the Products or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use. If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.

If Your payment method fails or Your account is past due, then we reserve the right to block your access to any or all of our Products. All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity.

In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.

5. Registration

To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products.

To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account. You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Products; and (iii) the consequences of any misuse.

6. Conduct

You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. If You are a User in search of or participating in a Course, You are a Student and the following additional terms and conditions apply, and You represent, warrant and covenant that:

  • You have read, understood, and agree to be bound by the pricing information before using the Site or registering for a Course;
  • You are over the age of 18, or, if not, You will only use the Products with the involvement, supervision, and approval or a parent or legal guardian. Children under the age of 13 may not register for an account or register or purchase Courses.
  • You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
  • You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
  • You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Optimize Smart Content, the Products or Courses or Submitted Content.
  • You will not solicit personal information from any student.
  • If You are a Student, You agree to pay the fees for Courses that You take.

7. Disclaimer

Great efforts have been made to ensure the accuracy,legality, timeliness and completeness of the online courses (written text, graphics, multi-media) provided on the website www.optimizesmart.com and to keep the website free from viruses, adwares or other malicious program. However we make no guarantee /warranty of accuracy, timeliness and completeness of the information provided on the website or any website we link to. Similarly we make no guarantee/warranty that the website optimizesmart.com and other websites linked to it are free from viruses, adware or other maicious programs. OptimizeSmart will not be liable for any losses or damages arising from the use of the website contents (including but not limited to: courses, lessons, quizzes). This disclaimer is applicable to all students, visitors or users of this website.

8. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”Where Optimize Smart provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Optimize Smart Content.” Content uploaded, transmitted or posted to the Site or through the Products by a User/visitor/student is “Submitted Content.” Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to U.K. and foreign copyright and other intellectual property laws.

You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Optimize Smart with respect to Your Submitted Content and that Optimize Smart not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms. You have the right to remove all or any portion of Your Submitted Content from the Site at any time.

Optimize Smart respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. notwithstanding the foregoing, Optimize Smart does not screen the submitted content and all use of the submitted content by you is at your own risk and we shall have no liability for such use. in particular, no review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful.

If you believe that submitted content of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that submitted content of a third party or any company content violates any laws or regulations, including, without limitation, any copyright laws, you should report it to Optimize Smart.All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.

9. Proprietary Rights

The name, design and model of this website is exclusive property of  OptimizeSmart and any copy or reproduction in any form of any content on this website will amount to infringement of copyright laws and international treaty provisions.

10. Cookies

Cookie is a small text file which is used to store information about visitors’ website usage and preferences. The website optimizesmart.com place cookies on your computer as soon as you visit it. These cookies are used by Google Analytics to track website usage. To know how Google analytics uses cookies please click here. By using the website you are agreeing to our use of cookies. Cookies are not dangerous to your computer in any way. They are not executable programs and they can’t install any virus or malware on your computer.  But if you still wish to delete the cookies set by this website then please follow the instructions below:

All webs browsers allow you to control cookies by accepting and rejecting all cookies or certain types of cookie. Instructions for the most popular browsers are below:

Google Chrome
Tools (spanner icon) > Settings > Under the bonnet.
Select ‘Connect Settings’ In the ‘Privacy’ section.
In the ‘Cookies’ section you can choose your preferred settings.

Internet Explorer
Tools > Internet Options.
Click the ‘Privacy’ tab.
Move the slider up or down based on your preferred settings.

Firefox
Tools > Options.
Click the ‘Privacy’ tab.
Select ‘Use custom settings for history’ from the history drop down list.
You can now select your preferred settings for cookies.

Safari
Settings > Preferences.
Click the ‘Security’ tab.
You can now select your preferred settings for cookies.

11. Refunds

Optimize Smart does not offer any refund on purchased courses. All sales of courses are final.

12. Limitation of liability

To the fullest extent permissible under applicable law, neither party shall be liable hereunder under any theory of liability, including, without limitation, contract, tort or negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to this terms. Optimize Smart’s total liability hereunder shall be limited to the amounts paid in connection with the courses or products under which such liability arose. This section 12 does not exclude or limit either party’s liability for fraud, for death, or for personal injury resulting from negligence, or from any other liability that cannot be limited or excluded by law.

13. Indemnification

You hereby indemnify, defend and hold harmless Optimize Smart, and its affiliates, associates, partners, employees, licensors, representatives, contractors and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 13, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

14. Termination

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time. You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at support. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content.

15. Electronic Notices

By using the Products or communicating with Optimize Smart, You agree that we may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If we learn of a security system’s breach, we may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please contact support.

16. Miscellaneous

  1. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
  2. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
  3. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Optimize Smart to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
  4. Notice. Any notice or other communication to be given hereunder will be in writing and given by electronic mail.
  5. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Optimize Smart nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
  6. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of UK without reference to its choice or conflicts of law principles.
  7. This Agreement shall be governed by the laws of UK and the parties submit to the exclusive Jurisdiction of the courts of Southampton, England in respect of any dispute or difference between you and Optimize Smart arising out of this Agreement