Terms of Use

  1. Terms

By accessing this website, you agree to be bound by these terms of service, all the law and regulations in force, and you accept being responsible for the applicable local law. If you do not accept one of those terms, you are not authorized to use or access this website. Materials contained in this website are protected by copyright and law trademarks.

  1. Login

You are responsible for maintaining the confidentiality of your username and password. Smartrday.com won’t be in any case responsible for an unauthorized usage of your account. In the case where the confidentiality of your information is compromised, please do contact us rapidly by email in order to avoid a potentially fraudulent use of your identity. Smartrday.com won’t be held liable for any damages or lost resulting of a non-respect of our security measures listed in the present section.

  1. Communication, emails, and messages

You own all the content in the messages and emails shared through our services, as well as the consequences of those messages. You are not to use this service to promote or offer for sale any goods or service in a commercial purpose, conduct or send any study, competition, pyramid schemes or chain letters, spamming, hacking, solicitation or any other illegal act. You are also forbidden to perform acts that infringes or violates someone else’s rights and his enjoyment of services.

Although Smartrday.com reserves the right to delete some data all at its own discretion, this remains a faculty and not an obligation. Smartrday.com does not do any declaration as regards to the control of the content of the information available, due to the volume and transmission speed on the data services.

  1. Limitations

Search engines, directories, and contents are offered free of charges by Smartrday.com without any guarantee as to accuracy and the availability of external websites. Likewise, Smartrday.com doesn’t do any declaration for the completeness of your search results provided by its service. The information on the internet is constantly changing as well as the website that presents them. Therefore it is impossible we do complete updates at every moment. Smartrday.com can’t be held responsible for the lack of thoroughness of research or accessibility of a given website.

Moreover, Smartrday.com cannot guarantee the privacy of information transmitted over the internet and can’t be held responsible for any damage caused by their disclosure. Therefore, you assume full responsibility.

You hereby agree that Smartrday.com cannot be held responsible for any indirect or direct damage resulting from the use of its services.  Further, you agree that all the information included on our website is offered as is without any warranty as to the accuracy or reliability of the content.

  1. Revisions and Erratum

The material on Smartrday.com could include technical, typography or photography errors. Smartrday.com does not guarantee that every content on its website is correct, complete or up to date. Smartrday.com can at any moment without notice edit contents on its website. Smartrday.com has no commitment to update its content.

  1. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Smartrday.com Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  1. Terms and Conditions of Use modification

Smartrday.com can review the website Terms at any moment without notice. By using this website you accept to be linked by the current Terms version.

  1. Jobs Posting

Smartrday.com can at any time remove a job offer that doesn’t respect the rules listed below, without refund and without notice:

Post a job or an unpaid internship

Post a job or an internship that is offensive

Post a job or an internship that doesn’t respect access to equal employment and is discriminatory

Post a job or an internship outside of Canada

Privacy

Your privacy is very important for us. Consequently, we designed this policy to make sure you understand how we collect, use, communicate and disclose personal information. The following board presents our privacy policy.

We will identify the purposes for which the information is collected before or during the collection of personal information.

We will not collect and use personal information only for the purpose of fulfilling those purposes specified by us and for other compatible purposes, except with the consent of the individual concerned or as required by law.

We will collect personal information by fair means and, where appropriate, with the knowledge or consent of the person concerned.

Personal data should be relevant to the purposes for which it should be used, and for to the extent necessary for those purposes, they should be accurate, complete and current.

We will protect personal information by reasonable security safeguards against loss or theft as well as unauthorized access, disclosure, copying, use or modification.

9 – Rights in App Granted by Smartrday.com

Subject to your compliance with these Terms, Smartrday.com grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on any mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Smartrday.com reserves all rights in and to the App not expressly granted to you under these Terms.

10 – Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple App Store or Google Play) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms are concluded between you and Smartrday.com, and not with App Provider, and that, as between Smartrday.com and the App Provider, Smartrday.com , is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Smartrday.com.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Smartrday.com will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11 – Restrictions On Content And Use Of The Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend and or terminate Users or reclaim usernames without liability to you.

You may NOT post Content that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Promotes discrimination, hatred or harm against any individual or group;
  • Is a direct and specific threat of violence to others;
  • Is defamatory, obscene or pornographic;
  • Is furtherance of illegal activities; or
  • Is harassing, abusive, or constitutes spam.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Smartrday.com, its Users and the public. Smartrday.com does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the Services:

  • access, tamper with, or use non-public areas of the Services, Smartrday.com’s computer systems, or the technical delivery systems of Smartrday.com providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Smartrday.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Smartrday.com (NOTE: scraping the Services without the prior consent of Smartrday.com is expressly prohibited);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, (or attempt to do so), the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
  • use, display, mirror or frame the Services or any individual element within the Services, Smartrday.com’s name, any Smartrday.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Smartrday.com’s express written consent;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Smartrday.com or any of Smartrday.com’s providers or any other third party (including another User) to protect the Services or Content;
  • attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Smartrday.com or other generally available third-party web browsers;
  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • use any meta tags or other hidden text or metadata utilizing a Smartrday.com trademark, logo URL or product name without Smartrday.com’s express written consent;
  • use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
  • collect or store any personally identifiable information from the Services from other Users of the Services without their express permission;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

12 – DMCA/Copyright Policy

Smartrday.com respects copyright law and expects its Users to do the same. It is Smartrday.com’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Smartrday.com’s Copyright Policy, for further information.

 

The Terms will continue to apply until terminated by either you or Smartrday.com as follows. You may end your legal agreement with Smartrday.com at any time for any reason by deactivating your account and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services.

Nothing in this section shall affect Smartrday.com’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in Section 1.

Please read this section carefully since it limits the liability of Smartrday.com and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Smartrday.com Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available “AS-IS”

Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, SMARTRDAY.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Smartrday.com Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content (including without limitation any unlawful use of the Services); (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Smartrday.com Entities or through the Services, will create any warranty not expressly made herein.

13 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SMARTRDAY.COM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SMARTRDAY.COM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SMARTRDAY.COM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE SMARTRDAY.COM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.