Terms of service

Section 1 - Terms of Use for the Celsium.com web site owned and manged by SMARTR Health Ltd (SMARTR)

1. Using the web site
1. The content of this website is only to be viewed and downloaded for personal and non-commercial purposes.
2. SMARTR may change the terms at any time. Any changes shall be announced a month in advance. The new terms shall be deemed automatically accepted by you ("the user") if the user does not object in writing within one month of receiving the change notification. In the event of an objection, the previous terms shall continue to apply.
3. SMARTR reserves the right to make changes or adjustments to the website or the range of products listed without warning.
2. Liability
1. We make every effort to keep the information on our website accurate and up to date. For content that we keep for you on our website and for information on other websites that we adopt as our own content or recommend, we shall only be liable insofar as an accusation of deliberate or grossly negligent conduct applies to us.
2. SMARTR is not responsible for:
1. Disruption or delays to the Internet connection.
2. Disruptions to the website (e.g. as a result of technical issues or maintenance work).
3. The accuracy, completeness or current validity of the website.
4. The accuracy, completeness or current validity of the products shown on the website, nor for their suitability for specific purposes.
5. Damage incurred through use of the website, particularly due to malicious software (viruses, Trojan horses and similar).
3. SMARTR is not liable for the content of other sites connected to SMARTR through links; the use of such sites is entirely at the user's own risk.
4. The products and equipment shown on our website are offered with no guarantees, conditions or warranties in relation to their accuracy or functionality. To the maximum extent permissible by law, we exclude the following for us and for all companies associated with the company group:
1. Any warranty claims or other terms and conditions that could be implied through our website.
2. Any liability for direct damage, indirect damage or consequential damage or consequential loss that the user may incur in any way in relation to the use of this website, its unavailability, or the use of a website linked to our website. Liability is particularly excluded, and this list is not exhaustive, for:
• Loss of business
• Loss of profits
• Loss of anticipated savings
• Loss of income or turnover
• Loss of goodwill
• Excessive administrative or office costs
• Loss of data
• Injuries with or without loss of life
3. Copyrights
1. The entire content of the website (particularly the text, graphics, logos, button icons, images, audio clips etc.) is protected by copyright. The content may not be reproduced, copied, communicated in public or used in any other way without prior written approval from SMARTR. Copyright references, source citations and brand names must be neither changed nor removed.
2. Without the written permission of SMARTR, it is not permitted to copy, reproduce, publish, transmit, sell or counterfeit Internet content, and/or use it for public or commercial purposes.
3. Insofar as the user posts ideas and suggestions on the website, Celsium Limited may use these free of charge for the development, improvement and sale of its products.
4. User Responsibility
1. When using this website, the user may not
1. Act unethically.
2. Transfer malicious software (viruses, Trojan horses and similar).
3. Enter, save or send hyperlinks or content for which the user is not authorized to do so, particularly if these hyperlinks or content breach duties of non-disclosure or are unlawful.
4. Distribute advertisements or unsolicited e-mails ("spam") or unfounded warnings about viruses, malfunctions and similar, or invitations to participate in competitions, snowball schemes, chain letters, pyramid schemes and other similar campaigns.
5. Registration
1. Some pages on the website are password-protected. Access to these pages is generally restricted to retailers of Celsium products and individual cases requiring separate approval from SMARTR. There shall be no entitlement to registration with SMARTR. SMARTR also particularly reserves the right to make previously freely accessible web pages subject to registration.
2. Upon registration, the user agrees that the information provided is honest and not deceitful. The user is personally responsible for the confidentiality of access details.
3. SMARTR is authorized to withdraw access rights at any time by blocking the access details without specifying a reason, especially if the user:
1. Provided false information upon registration,
2. Breached these terms or his/her duty of care in handling access details,
3. Breached applicable law in the accessing or use of the website.
6. Termination and deletion of the user account by the user
1. The user may delete their user account at any time by going to the user profile page and clicking on "Delete Account". The action is confirmed by entering the correct account password.
2. Any personal data stored by SMARTR will be deleted upon termination.
3. If the user also subscribed to a newsletter upon registration for services requiring log-in, then the user name and e-mail address for the user will be retained for this purpose.
4. The rights of SMARTR to entered content shall remain unaffected in the event of a termination.

Section 2 - Terms of Use for Downloaded Software

1. Using downloaded software
1. SMARTR provides the user with free access to product software from supported app stores. The software is only to be downloaded and used for personal and non-commercial purposes.
2. Registration
1. Registration is required in order to use our software.
2. Upon registration, the user agrees that the information provided is honest and not deceitful. The user is personally responsible for the confidentiality of access details. It is not permitted to use the user account details of another person without the express permission and agreement of the account owner. SMARTR cannot and will not accept any liability for any loss or damage arising from a failure to meet this obligation.
3. The user creates their own password. We use our technical specifications to determine the permissibility and the number of characters to be used. The name chosen by the user must not breach the rights of third parties or breach legislation and must not offend or upset other users. The user is obligated to keep the password secret and not to reveal it to third parties.
4. SMARTR is authorized to withdraw access rights at any time by blocking the access details without specifying a reason, especially if the user:
1. Provided false information upon registration,
2. Has breached these terms or his duty of care in handling access,
3. Has breached applicable law in the accessing or use of the website.
3. Liability
1. Although SMARTR makes every effort to keep the Celsium website free from viruses, SMARTR does not guarantee freedom from viruses. users must ensure their own protection against and prevention of viruses on the Celsium website through appropriate security measures and virus scanners before downloading information, software or documentation.
2. SMARTR accepts no liability for:
1. Disruption or delays to the Internet connection,
2. Availability and/or current validity of the software at any time,
3. Compatibility of the software with the user's system,
4. Loss of data on the part of the user as a result of avoidable misuse of the software,
5. The software being free of viruses.
3. SMARTR shall be fully liable in cases of intent and gross negligence. In the event of slight negligence, SMARTR shall only be liable in the event of a breach of duties critical to fulfilling the purpose of the agreement and then only to the extent of typically foreseeable damage.
4. Links
1. SMARTR accepts no liability for the content of other sites connected to SMARTR through links; the use of such sites is entirely at the user's own risk.
5. Copyrights
1. The software made available to the user is protected by copyright. SMARTR does not grant the user any copyright for the software. The software may not be reproduced, copied, communicated in public or used in any other way without prior written approval from SMARTR.
2. Copyright references, source citations and brand names must be neither changed nor removed.
6. Data protection and final provisions
1. We take the protection of your data very seriously. SMARTR will not pass on the personal data that we obtain from the user (e.g. upon registration to download software) to third parties, especially without permission, and/or make third parties aware of such data. Details on how the data is processed are governed in the privacy policy of SMARTR.
2. SMARTR reserves the right to make changes to these terms of Use at any time. SMARTR shall notify the user of such changes via this website. The user is personally responsible for checking the terms of Use for updates in advance each time he uses the service. The user then has the right to terminate the owner and user relationship within one month of the notice being published. Users confirm their agreement to the currently valid terms of use each time they log in.
3. Should individual provisions of these terms of use be or become ineffective, the effectiveness of the other provisions shall remain unaffected. Insofar as sections of these terms of use are not, are no longer or are not fully legally valid, the other sections shall remain unaffected in terms of both their content and validity and the invalid section shall be regarded replaced by a section that most closely resembles the meaning and purpose of the ineffective section or the commercial intention of the parties in a way that is legally effective.
4. British law shall apply to these terms. Insofar as this is legally permissible, the place of jurisdiction is the headquarters of SMARTR.

Section 3 - Privacy Policy

See our separate  privacy policy.

Section 4 - Legal Responsibility and Disclaimer

1. The site will not take any responsibility for the disclosing of private information caused by yourself (e.g. Disclose your user password to others or share the registered account with others).
2. The contents of the site do not reflect the viewpoint or standpoint of the company, and the site does not guarantee, explicitly or implicitly, the accuracy, reliability or integrity of any information included or cited by the site, unless otherwise stated by the site. The site does not take responsibility for any loss caused by any direct or indirect quotation or reproduction of the above-mentioned content. The user shall take full responsibility for the infringement of the laws of the United Kingdom due to the use of the site information.
3. The site takes no responsibility or legal liability for any accident, negligence, breach of contract, defamation, infringement of copyright or intellectual property rights and any loss arising therefrom (including the infection of computer virus as a result of downloading) due to the use of the site information.
4. The site takes no responsibility or legal liability for any information, product and service obtained via the web page links of the site.
5. The site takes no responsibly for the disclosure, loss, embezzlement or manipulation of personal information arising from hacker attack, computer virus intrusion or attack, temporary closure as a result of government regulation as well as other force majeure that affects the normal operation of the network.
6. All those who log onto Celsium products in any manner or use Celsium information, directly or indirectly, are deemed to accept voluntarily the restrictions of the statement provisions.
7. All the disputes arising from the statement or the use of the site shall be subject to the jurisdiction of the laws of the United Kingdom.
8. Should any dispute arise as a result of the statement of the use of the site, the parties concerned shall strive to settle it through negotiation. In the event of the failure of negotiation, each party concerned agree to submit the case to a legal court for settlement through litigation.
9. Celsium reserves the rights of interpretation and amendment for the content of the agreement.