Our Terms & Conditions of Use
_{These Terms and Conditions of Use form a legally binding agreement between you and SmartCenta Ltd (trading as SmartShifts).}

By accessing and using www.smartshifts.co.uk or SmartShifts mobile applications (collectively the “Services”), you accept and agree to be bound by these Terms and Conditions of Use and our Privacy Policy (collectively the “agreement”). In addition, when using these particular Services, you shall be subject to any posted guidelines or rules applicable to such Services. Any participation in these Services will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use these Services.

Limitation of Liability

For healthcare workers

You expressly understand and agree that:
Neither SmartShifts, any content owner or third party, nor their respective directors, officers, employees, agents, contractors, subsidiaries, future parent or affiliated companies will be liable for any personal injury, property damage, lost profits, cost of substitute goods or Services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any for of direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if SmartShifts or content owners have been advised of the possibility of such damages) or loss of any kind arising from your use of the SmartShifts Services, SmartShifts website or mobile application. Any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites, or from content, information, materials or products included on or otherwise made available to you through the SmartShifts Services, or for any damages in excess of the amount paid for the specific item of content giving rise to the applicable claim for damages.
SmartShifts shall use reasonable efforts to protect personal information submitted by you in connection with the SmartShifts Services and shall use such information in accordance with the Privacy Policy.
You acknowledge and agree that your submission of any information is at your sole risk, and to the maximum amount permitted by law, SmartShifts hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

Ownership, Intellectual Property Rights and Use of Website

These Services and its original content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by SmartShifts, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Services and its components are offered for informational purposes only; SmartShifts shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
These Terms and Conditions of Use grant you a personal, non-exclusive, non-transferable, revocable permission to access and use these Services. You may access the material on these Services only for your own sole use, for personal information only in accordance with these Terms and Conditions of Use. You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit or commercially exploit any of the material in all or any part, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your internet browser, and for features of the Services that enable sharing via email, social media, linking, and other platforms expressly enabled by SmartShifts Services. With respect to our mobile applications, you may download a single copy to each of your mobile devise solely for your own personal, non-commercial use, provided you are in agreement with these Terms and Conditions of Use.
No information or content contained within these Services should be construed as an offer by SmartShifts. All Services offered by SmartShifts are subject to signature and/or are governed by these Terms and Conditions of Use. SmartShifts reserves the right to reject in its discretion any application submitted for the Services offered by and contained on this website or mobile applications
Any use of these Services not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark and other laws.
SmartShifts maintains all reasonable measures to ensure that these Services are operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if any of these Services are unavailable at any time. Where possible, SmartShifts will always try to give advance warning of maintenance issues that may result in downtime but we shall not be obliged to provide such notice.

Advertising Content and Links to Third Party Websites

These Services may present advertisements for or links to third party websites, products and/or services (“Third Party Ads”. We are not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither SmartShifts nor any of its affiliates will be liable for any errors in content or omissions in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

Website Access and Registration

SmartShifts grants the user free of charge access to the Services for the purposes of:
Storing and viewing the user’s own personal profile and information

• Sharing content with approved third parties
• Accessing third party information shared with the user
• Although there are some public pages, the majority of the functionality of these Services are only available once a user has registered with SmartShifts.

The User ID and password are strictly personal to the registered user and are non-transferable. The user agrees to keep their login details safe and secure, and not share this information with anyone.
In the event that a user’s login details could or have become compromised, the user must immediately contact SmartShifts.

User Provided Material

Any material that a user of these Services sends, uploads, or posts to these Services shall be considered non-proprietary and non-confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us. This excludes any and all personal information which is covered under our Privacy Policy.
You must not send, upload or post any material such as:

• Where you do not have all the necessary consents;
• That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to civil liability, or otherwise contrary to the law in the United Kingdom
• Which is harmful in nature including but not limited to, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data

SmartShifts will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person in breach of these Terms and Conditions of Use.

Payment Terms

Prices are quoted in UK Pound Sterling. If you do not hold an account in the relevant currency you may pay by debit or credit card (or any other method that SmartShifts) may introduce from time to time) and your card company should exchange the amount charged to the currency of your country at their current rate.
Payment may be required before the Services are provided and, if not, payment is due from the moment the Services are accepted and provided. After you have agreed to the Services, SmartShifts may take and shall be entitled to receive such payment as is due in respect of the Services accepted.
Payment may be made by credit card, debit card or any other such method as SmartShifts may introduce at its absolute discretion.
SmartShifts reserves the absolute right to accept or refuse any payment made in any form.
To maximise security, SmartShifts does not hold any credit/debit card details. They are held by third party payment providers.
Your statutory rights are unaffected by these Terms and Conditions of Use.

Termination

SmartShifts reserves the right to suspend access to or end our Services of SmartShifts online and mobile applications to any user without notice, at any time at our discretion. You are free to stop using our Services at any time.
We may suspend or terminate your use of these Services for any of the following reasons:

• if you’re in breach of these Terms and Conditions of Use;
• if you act in a way that does not align with the values of our community;
• if you use these Services in a manner that would cause us or members harm;
• if you use these Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of these Services.

If we do decide to permanently terminate your SmartShifts account, you must not register for another as unfortunately you will no longer be welcome in our community.
Except for paid accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with you account before we do so.

Complaints Procedure

In the unfortunate event that a complaint arises, please submit this via our Feedback section on the mobile application, or via email to feedback@smartshifts.co.uk. Please include details of the situation whereby the complaint arose and your preferred method of contact. A member of our team will aim to contact you within 2 working days to investigate the complaint thoroughly.

Future Changes

SmartShifts may revise these Terms and Conditions of Use from time to time. The changes will not be retroactive, and the most current version of the Terms and Conditions of Use, which will always be at www.smartshifts.co.uk/terms-of-use, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use these Services after those revisions become effective, you agree to be bound by the revised Terms and Conditions of Use.

Enforceability

If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.

Jurisdiction

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law.

Questions Regarding these Terms and Conditions of Use

If you have any questions regarding this agreement, you may contact Smartcenta Ltd. at contactus@smartshifts.co.uk.