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Published January 2018

INTRODUCTION

The Online Grids website https://grids.thinksmartbox.com (the Site) is operated by Smartbox Assistive Technology Limited (we and us). The terms contained in this document (Terms of Use) apply whenever you are using the Site directly or through the Grid Player software or The Grid 2 software or the Grid 3 software or the Grid for iPad software (the Software).

If you do not agree to these Terms of Use, stop using the Site and the Software immediately. By accessing and using the Site or the Software you are indicating your acceptance to be bound by these Terms of Use. The Terms of Use are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on the Site or the Software about how they operate and the services which are available.

You should also read our Privacy Policy.

ACCESSING THE SITE

We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. You also understand that we cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

When you choose a password as part of our security procedures, you must treat such password as confidential, and you must not disclose it to any other person. We have the right to disable any user account or password at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

We reserve the right, in our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where we have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.

USING THE SITE

You must use the Site and the information available from the Site responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

ACCURACY OF INFORMATION

We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site, either by us or by other users of the Site, are not intended to amount to advice or authority on which you should rely. We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, we accept no liability for any loss or damage caused by you or anyone else relying on such information.

If you find any inaccurate information on the Site please let us know and we will endeavour to correct it, as soon as reasonably practicable.

INTELLECTUAL PROPERTY RIGHTS

All content on the Site including (but not limited to) text, images, photographs, logos, symbols and graphics is protected by copyright. We own all copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content.

Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms of Use.

Should you choose to upload any information to the Site, you do so on the understanding that such information shall be shared with us and other users of the Site. Any such upload shall be for personal, non-commercial use only. By uploading a Grid Bundle to the site, you agree that we and other users of the Site may access, use, download and store such Grid Bundle for non-commercial use.

Copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will not be permitted without our express permission.

The rights granted to you under these Terms of Use shall terminate immediately upon your breach of any of these Terms of Use.

We may provide hyperlinks from the Site or the Software to other internet sites which are operated by other organisations. We are not responsible for external websites that link to the Site or which are linked from it. That we include these hyperlinks does not imply any endorsement of the material on such external websites or any association with their operators. If you follow a hyperlink to any of these sites, please note that they will have their own privacy policies, which you should check these policies before you submit any personal data such sites. We do not accept any liability relating to these sites.

OUR LIABILITY

We accept no liability and offer no warranties or conditions in relation to the Site or its content, to the fullest extent such liability can be excluded by law.

We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

OTHER IMPORTANT INFORMATION

Smartbox Assistive Technology Limited is a company registered in England and Wales. Our company number is 05541084.

Any formal legal notices should be sent to us at the address at the end of these Terms of Use by email and confirmed by post.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

You and we agree that English law applies to these Terms of Use and that any dispute between us regarding the Site or arising out of or in connection with these Terms of Use will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there.

We may modify these Terms of Use at any time, but if we do so, we will notify you by publishing the changes on the Site. If we determine the changes are material, we will provide you with additional, prominent notice as is appropriate under the circumstances, such as via email or in another conspicuous manner reasonably designed to notify you. If, after being informed of these changes, you continue to use our services, you will be considered as having expressly consented to the changes in our Terms of Use.

Non-English translations of these Terms of Use are provided for convenience. In the event of any ambiguity or conflict between translations, the English version is authoritative.

HOW TO CONTACT US

If you have any questions, comments or requests regarding these Terms of Use, please feel free to contact us in any of the following ways:

By email at info@thinksmartbox.com

By telephone on +44 (0)1684 578868.

By writing to us at: Smartbox Assistive Technology Ltd, Ysobel House, Enigma Commercial Centre, Sandys Road, Malvern, WR14 1JJ