Introduction and Background
Our web site, www.destinationsmart.com is a social networking tool published by smart. By joining our site you are accepting our Terms and Conditions. We may decide to change them at any time and if we do so those changes will be written into these terms and conditions. It is the responsibility of users to be aware of these terms and conditions in case there are any changes. Writing the changes in here is our obligation, keeping an eye on them is yours. Continuing to use the site after a change has been made is your acceptance of the changes.
Use of the Site
You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If you become aware of any inappropriate content by any member of this site, please contact destinationsmart.com by clicking on the "Report this page" link at the footer of every destinationsmart.com page.
This site and the information, names, images, pictures, logos and icons regarding or relating to smart, its products and services (or to third party products and services), is provided "as is" and on an "is available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
Use of and Membership in the destinationsmart.com service is void where prohibited. By using the destinationsmart.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 15 years of age or older; and (d) your use of the destinationsmart.com services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe you to be in breach of any of the above terms.
In no event will smart be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site. smart does not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. The names, images and logos identifying smart or third parties and their products and services are proprietary marks of the smart and/or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right under any trademark or patent of smart or any other third party.
Although the Forum is moderated, smart a trading name of Mercedes-Benz UK Limited is under no obligation to you or any other person to oversee, monitor or moderate the website or forum or any other service it provides on its site and may stop moderating the forum at any time. smart reserves the right to remove, or to disable access to, any contribution which it deems to be potentially defamatory of any person or which it deems unlawful or in violation of any third party rights. smart expressly excludes liability for any loss or damage arising from the use of the forum by any person in contravention of these Rules.
These Content Standards apply to each part of a contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. smart will determine, in its discretion, whether a Contribution breaches the Content Standards.
A contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with the law applicable in England and Wales and in any country from which it is posted.
- Be relevant.
A contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
- Infringe any copyright, database right or trade mark of any other person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Be in contempt of court.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
By submitting a contribution to the forum, you agree to grant smart a non-exclusive licence to use that contribution. Although you will still own the copyright in your contribution, Smart will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution. This licence will be free of charge, perpetual and capable of sub-licence. Smart may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards above, you must ensure that your contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your contribution to the Forum, you are warranting that you have the right to grant Smart the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to smart, please do not submit the contribution to the Forum.
The content of the whole of the website www.destinationsmart.com is owned by smart, a trading name of Mercedes-Benz UK Limited.
BREACH OF THESE RULES
- Immediate, temporary or permanent withdrawal of your right to use the Forum.
- Immediate, temporary or permanent removal of any contribution already posted on the Forum.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as smart reasonably feels is necessary or as required by law.
smart excludes liability for all action it may take in response to breaches of these Rules. The actions described above are not limited, and smart may take any other action it reasonably deems appropriate.
If you wish to complain about any contribution posted to the Forum, please e-mail [x]. smart will then review the contribution and decide whether it complies with the Content Standards above. smart will deal with any contribution which, in its opinion, violates the Content Standards as described above (see section "Breach of these Rules"). smart will inform you of the outcome of its review within a reasonable time of receiving your complaint.
A fully registered member of destinationsmart.com requires the user to have filled out the following information: Screen Name, First Name, Last Name, Email Address, Country of Origin, Birthday, How you found out about us and Upload a profile photo.
On entering a competition (the person, persons or organisation entering the competition) agree to be bound by these terms and conditions and smart shall only accept submissions (defined below) on that basis.
smart reserve the right to substitute an alternative prize of equal value. There is no cash alternative.
Entries should only be made via the Internet. Entries must be received by 5pm GMT on the closing day of the competition as stated on the competition entry form. No responsibility can be accepted for non-receipt of submitted entries.
Employees of smart, their families and agents are not eligible to take part in the competition.
Responses via the website are deemed to be signed by virtue of having been submitted.
smart reserves the right to terminate the competition before a judgement is made and it will endeavour to notify entrants of the termination and where possible provide an explanation of such a termination.
smart reserves the right to change the submission deadline and timetable for whatever reason. smart will endeavour to inform all entrants of these changes.
smart shall at its sole discretion select the winner from the prize draw.
By entering a competition you accept that you will be subscribed to the destinationsmart.com e-newsletter.
All entrants must be 18 or over and resident in the United Kingdom.
Information gathered in the running of competitions or promotions is not shared with any 3rd party except where the competition or promotion is run in conjunction with a 3rd party and sharing information is necessary to support the promotion.
Advertising Terms & Conditions
"Advertise" means the party booking the space and is responsible for payment.
"Publisher" means Welcome Stranger Publishing Ltd “smart”.
Advertisements must conform to the British Code of Advertising Practice and must accurately reflect the product and or service being advertised.
Advertisements are subject to the publisher's approval and must always be recognizable as such and not resemble editorial matter.
All claims made in advertisements must be capable of being supported by appropriate evidence and must be made available to the publisher upon request.
No guarantee is given that advertisements will be placed in any specified position on any specified page, unless the appropriate surcharge has been contracted and written agreement has been entered into.
The publication of an advertisement by the publisher does not constitute endorsement of the advertiser, its products or services.
A signed advertising order confirms you are entering into a contract with smart.
Cancellations must be in writing, and can only be accepted up to 28 days prior to publication. All cancellations will incur a 50% cancellation fee. This fee becomes payable immediately on receipt of the cancellation instruction.
The publisher reserves the right to increase advertisement rates at any time or to amend the terms and conditions at any time.
The publisher will not be liable for any loss or damage caused by amendment, error, late publication or non-publication from any cause whatsoever.
The publisher will not accept liability for any error on the part of third parties or inaccurate copy instructions.
It is the advertiser’s responsibility to supply suitable material to smart within the deadlines stated on the advertisement confirmation order. If material is not forthcoming, smart reserves the right to repeat old material, or to charge the client for the advertisement without it appearing. Advertising material must be supplied in digital format, as stipulated by smart.
The advertiser agrees to pay standard production rates for any additional work required to make digital material press-ready, including converting open files, or resizing advertisements. Any alterations to material will be charged for.
Invoices for any advertisements must be settled within 14 days of invoice date. An additional 10% surcharge on the invoice total will be incurred for every 30 day period thereafter if payment is not received.
Advertisers requiring more than a 14 day payment term must get written confirmation from the publisher prior to reserving the space.
Should an advertising agency be contracted to manage direct bookings, the value of the initial booking may not be diminished.
New advertisers will be required to pay for their advertising prior to publication.