Terms and Conditions

Please read these terms carefully before using this Website.

This notice applies to the entire contents of the website under the domain name www.smpcomplianceacademy.com ("the Website") and to any correspondence by e-mail between SMP E-Gaming Limited a company incorporated in the Isle of Man with company number 012691V and with its registered office at Clinch’s House Lord Street Douglas Isle of Man (“us” or “we”) and you. Using the Website, or entering into such correspondence, indicates that you accept these terms regardless of whether or not you choose to register with us.  If you do not accept these terms, do not use the Website.

If you wish to correspond with us in respect of any aspect of the Website please email: info@smpca.com.

1.            Acceptance of Terms

1.1.         By accessing any part of the Website, you shall be deemed to have accepted the terms set forth in this notice in full and agreed to be bound by them.  If you do not accept these terms, you should leave the Website immediately.

1.2.         The terms of this notice constitute a binding contract between you and us.  We may assign our rights under such contract without notice to you.

1.3.         We may revise this notice from time to time by updating this posting.  The terms set out in this notice are applicable and binding upon all users immediately upon posting and you should review the terms of this notice each time you access the Website.

1.4.         Certain provisions of this notice may be superseded by specific notices or terms located on particular pages of the Website, or applicable upon your purchasing a licence from us.  The terms of this notice will however remain applicable unless specifically excluded by such terms.

2.            Ownership

2.1.         The content of the Website (including without limitation all graphics, text, layouts, graphs, charts, graphical representations, photographs, and all code underlying the Website and its operation) and all copyright, database rights and other intellectual property rights therein is the sole property of SMP E-Gaming Limited.  No rights are granted save those expressly contained in this notice.

2.2.         You are not permitted to remove, modify, alter or use any of our registered or unregistered marks/logos/designs, or doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of our intellectual property rights.

3.            Visitor Conduct

3.1.         You are permitted to access and view those parts of the Website which do not require a purchased licence to access.

3.2.         You are not permitted to access and view any parts of the Website which require a purchased licence unless you have bought such a licence.  Additional terms apply to such licences.  Any attempts to access such restricted parts of the Website without a licence are prohibited.

3.3.         You may not misuse the Website (including, without limitation, by hacking or sending spam to the email addresses appearing on this Website).

3.4.         You are solely responsible and liable for any information you submit to us, including any metadata which you transmit automatically in the course of your use of the Website, and you are responsible for ensuring that all information you supply is accurate, up-to-date and not likely to mislead or deceive.

3.5.         You are prohibited from transmitting to or from this Website any material:

3.5.1.     for which you have not obtained all necessary licences and/or approvals;

3.5.2.     which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in any country in the world; or

3.5.3.     which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.            Permitted Copying

4.1.         Save where expressly permitted by the terms of this notice, or otherwise with our express written consent, the content of the Website or any part or copy thereof may not be:

4.1.1.     extracted, downloaded, printed, or otherwise copied or reproduced;

4.1.2.     distributed, broadcast, forwarded or made available in any manner to any third party; or

4.1.3.     stored or included in any public or private electronic retrieval system.

4.2.         You are permitted to download and/or print extracts from the Website for your personal offline review provided that:

4.2.1.     Such extracts are stored securely and not (in whole or in part) distributed, broadcast or otherwise made available in any manner to any third party;

4.2.2.     Such extracts are not used for any commercial purpose; and

4.2.3.     Such extracts are not modified, copied, or incorporated into any other document or online content.

5.            Effect of Breach

5.1.         Without prejudice to any other remedies available in law, any use of the Website in breach of the terms of this notice results in the automatic and immediate withdrawal of permission to access and use the Website in any manner and in such circumstances you must immediately destroy any downloaded or printed extracts from this Website.

6.            Links to the Website

6.1.         You may not create links to the Website without our express consent.  Additional terms may be applicable to such permitted linking.

7.            Disclaimer as to Content

7.1.         The content of the Website is subject to change without notice. We do not warrant the accuracy and completeness of the material on the Website and we accept no liability for the use of, or reliance upon, information contained on the Website. The material on the Website may be out of date and we are not obliged to update the content of the Website.

7.2.         The content of the Website is provided "as is", without any warranties or representations of any kind.  Accordingly we permit you to have access to this Website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law as to satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice might have had effect in relation to this Website.

7.3.         We do not represent that the Website or its content are free from viruses or other code that has contaminating or other destructive properties.  By accessing the Website you accept that you are responsible for taking all necessary measures to protect your computer system from damage.

8.            Access

8.1.         We endeavour to ensure that the Website is normally available 24 hours a day, but access may be suspended temporarily and without notice where maintenance is required or for any other reason, and we cannot control the actions of third party providers who we rely upon to make your access possible.  We accept no liability for any loss or damage resulting from any inability to access the Website at any time or for any period.

8.2.         We reserve the right to deny you access without notice at any time.

9.            Links to Third Party Websites

9.1.         Links to third party websites on the Website are provided solely for convenience. If you use these links, you leave the Website. We have not reviewed these third party websites and do not control them and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.  We do not have any control over the privacy terms effective in relation to such third party websites or how they may obtain or process your data.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

10.          Liability

10.1.      To the fullest extent possible in law we hereby exclude our liability.  We shall not be liable for any direct, indirect, incidental, special or consequential damages, claims or losses of any nature (including, but not limited to, loss of profits, direct, indirect, special or consequential damages) arising in contract, tort or otherwise from the use or inability to use the Website, or any material contained in it by you or any third party, or from any action or decision taken as a result of using the Website or any such material. By accessing and using the Website you expressly agree that use of the Website is at your sole risk.

11.          Your Warranties

11.1.      If you are accessing the Website on behalf of your employer or acting as an employee, you warrant that you are authorised to agree to the terms of this notice on behalf of your employer and that the terms of this notice shall apply to both your employer and you.

11.2.      By accessing the Website you warrant that you have legal capacity to enter into a contract in your jurisdiction and that such access and use of the Website is lawful.

13.          Governing Law & Jurisdiction

13.1.      These terms of use are governed by and construed in accordance with Isle of Man law. By accessing and using the Website you agree that disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Isle of Man courts.

 

Accounts & Purchasing

 

1.            These are the terms and conditions applicable to the opening of an Account and the purchase of courses by you from SMP E-Gaming Limited of Clinch’s House, Lord Street, Douglas, Isle of Man, IM99 1RZ (“we”, “us”).  Any questions or concerns regarding this agreement should be communicated to us at that address or by email to info@smpca.com.

2.            By clicking accept you are agreeing to purchase courses from us and you agree to be bound by these terms.  Please print a copy for your records.

3.            We refer in these terms and conditions to “you”, which means the person buying the courses.  Where you are a company you warrant that that the person accepting these terms does so for and on behalf of the company and with full authority to bind the company, and you agree that you will ensure that all of the employees, officers or agents who you authorise or instruct to use the Website or view our online training courses will abide by these terms. 

4.            “Online Training Courses” are those courses offered for online view and participation through the Website only from time to time.

5.            “The Website” means www.smpcomplianceacademy.com.

6.            You are paying for the grant of a licence to participate in an Online Training Course.

7.            Upon initial login to the relevant course you will be asked to provide an individual’s name (“the Licensee”).

8.            The licence granted is a non-exclusive, non-transferable limited licence for the Licensee only to view and participate in the relevant Online Training Course for a period of 12 months.  The Licensee may repeat their viewing of the online training course on an unlimited number of occasions during the 12 months following the purchase of the licence.  Upon completion of the course we will produce an online certificate for you to print which will evidence that the Licensee has successfully completed the online training course.  The Licence does not permit the copying, publication or distribution of the online training course save as specifically permitted within these terms.

9.            The licence will be terminated 12 months from the date of purchase.  The Licensee will not be entitled to view the Online Training Course after that date.  No refund will be provided in respect of licence granted but not used.

10.          You have a right to cancel this transaction within 14 days of the date of purchase, provided that the Online Training Course has not been accessed.  You will not be refunded in respect of any purchased licence after the Licensee’s name has been provided at initial login to the relevant course.  Where cancellation is permitted the purchased licence will be terminated and you will be entitled to a full refund (payable to the account which made the original payment by BACS in British Pounds sterling).  In order to cancel please contact info@smpca.com.

11.          Course access will be available electronically through the Website by using your Account.  You may view all current licences at any time by logging in to your Account using the unique username and password setup by you.

12.          Courses may be taken only through the Website by logging on to your Account. 

13.          You are responsible for the security of your user name and password, which provide access to your Account.  We accept no liability for any misuse of the Account by any person who accesses your Account using the correct login details, and we shall be entitled to assume that any person accessing the Account with those login details is authorised by you to do so.

14.          All Online Training Courses (including without limitation all graphics, text, layouts, graphs, charts, graphical representations, photographs, and all code underlying the online training course and its operation) and all copyright, database rights and other intellectual property rights therein is the sole property of SMP E-Gaming Limited.  No rights are granted save those expressly contained in these terms.

15.          You are not permitted to remove, modify, alter or use any of our registered or unregistered marks/logos/designs, or do anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of our intellectual property rights.

16.          Save where expressly permitted by these terms the content of any online training course or any part or copy thereof may not be:

16.1.      extracted, downloaded, printed, or otherwise copied or reproduced;

16.2.      distributed, broadcast, forwarded or made available in any manner to any third party; or

16.3.      stored or included in any public or private electronic retrieval system.

17.          The licensee is permitted to download and/or print extracts from the licensed Online Training Course for personal offline review provided that:

17.1.      Such extracts are stored securely and not (in whole or in part) distributed, broadcast or otherwise made available in any manner to any third party (other than in order to confirm to employers or regulators that that training course has been undertaken);

17.2.      Such extracts are not used for any commercial purpose; and

17.3.      Such extracts are not modified, copied, or incorporated into any other document or online content.

18.          It is your responsibility to ensure that your technology enables access to the Online Training Courses. We are not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility.

19.          The content of the Website is subject to change without notice.  This includes the available Online Training Courses.  Courses may be withdrawn or replaced at any time and without notice.

20.          We do not warrant the accuracy and completeness of the material contained in the Online Training Courses and we accept no liability for the use of, or reliance upon, information contained in such courses.  The material in each Online Training Course may be out of date and we are not obliged to update the content of any course.

21.          The content of each Online Training Course is provided "as is", without any warranties or representations of any kind.  We make the Online Training Courses available on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law as to satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this notice might have had effect in relation to this Website.  Online Training Courses are prepared solely for training purposes and are not a substitute for legal advice.

22.          We endeavour to ensure that the Website is normally available 24 hours a day, but access may be suspended temporarily and without notice where maintenance is required or for any other reason, and we cannot control the actions of third party providers who we rely upon to make your access possible.  We accept no liability for any loss or damage resulting from any inability to access the Website at any time or for any period.

23.          We reserve the right to deny you access without notice at any time.

24.          Except where the contrary is stated the terms of the Website Access and Privacy Notice (available on the Website) apply to all use of the Website, including the purchase and the viewing of Online Training Courses.

25.          If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision shall not affect the validity and enforceability of the rest of these terms and conditions.

26.          We accept no contractual liability to any person other than you, and you may not assign or transfer the benefit of these terms nor any licence granted in respect of the Online Training Courses.

27.          These terms of use are governed by and construed in accordance with Isle of Man law. By accessing and using the Website you agree that disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Isle of Man courts.

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