SMART EVENT SYSTEMS LTD WEBSITE AND SOFTWARE TERMS AND CONDITIONS
Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below and listed under terms and conditions on www.smarteventsystems.co.uk shall when used, including this definitions clause, bear the meanings ascribed to them:
any reference to a gender includes the other genders;
any reference to natural persons includes legal persons and vice versa;
any reference to the singular shall include the plural and vice versa;
and expressions defined in any particular sub clause of any contract or agreement between the Service Provider and any third party, shall, for the purpose of the particular clause of which that sub clause is part, bear the meaning assigned to such words and expressions in the sub clause; no provision of these Terms and Conditions shall (unless otherwise stipulated) constitute a stipulation for the benefit of any person (stipulatio alteri) who is not a Party to any Agreement between the Service Provider and such other person;
means any Agreement between the Software Owners and a Client, the Service Provider and/or a Service Provider and a Client as well as any Annexures thereto; and shall incorporate the Terms and Conditions as published on www.smarteventsystems.co.uk.
means the execution of specific Client Objectives utilizing the Smart Event Systems Software Platform and associated Services which may be a combination of Journeys and/or SmartLinks and/or Dashboards and/or related Services offered by the Smart Event Systems Software Platform.
4. Client or Service User
means the juristic or natural person or other legal entity that has contracted with a Service Provider, to use the Smart Event Systems Software Platform. It being recorded that under certain circumstances it is possible for a Service Provider to also be a Client and/or an End User.
5. Confidential Information
means all communications, whether electronically, written, in printed form, contained on computer discs, videos, emails, pictorial, oral or in any form whatsoever between the Service Provider, Distributor and/or the Client, which relates to trade secrets, processes, operations, style of words, financial information, commercial information and technical information, product, services and software information and processes.
6. Contract Period
in relation to and subject to a Service Level Agreement or Master Services Agreement, means the number of months commencing upon date of Signature of a governing Agreement or alternatively the commencement date until the termination date as stipulated in an Agreement, subject to the termination provisions in such Agreement.
means information collected through End User Interaction and/or Engagement with the Smart Event Systems Software Platform; including non-personally identifiable Behavioural Data and/or Personal Data, by means of an Opt-in by the End User.
means the Smart Event Systems Software Platform service that allows Clients to register employees and other interested parties in order to combine journey performance and other measurable elements to obtain an overview of Campaign performance.
9. Effective Date
means the date on which an Agreement is signed, by the last Party signing.
10. End User Profiling
shall mean computer generated and automated profiling based on inter alia, Age, Gender, Interest, Mobile Device, Mobile Provider, Game Interaction Data, Entry and Exit Mechanisms, and Location but excluding Personally Identifiable information unless otherwise agreed to by the End User through an Opt-In selection.
11. End User
means the individual engaging or interacting through the utilisation of the Smart Event Systems Software Platform during a Journey or Campaign, including but not limited to Client’s customers, employees, consumers and/or audiences of the Client of the Service Provider; it being recorded that under certain circumstances the Service Provider and/or Client may also be an End User.
12. Ending Date
means subject to a Contract Period, the last day of the Final Journey as indicated on the completed Service Level Agreement.
means the action of an End User by pressing on the engagement link on a Campaign web page or Digital Journey.
means the date and time a Campaign is launched and open for participation.
means the action of an End User clicking the start button on the design page, thereby starting an engagement using the Smart Event systems Software Platform and shall mean a single Journey by the End User.
16. Journey Report
means basic system generated reporting based on the Client Objectives and Campaign Engagements; “Journey” means a combination of Smart Event Systems interactive Software mechanics having an End User entry point and exit point and which is loaded by a Service Provider or Distributor on behalf of a Client using the Smart Event Systems Software Administration Portal.
means the outcomes required by the Service, through utilising the Product and Services associated with the Campaign.
Means the action of an End User and/or Client who agrees to share personally identifiable data in any actions and interactions through the Smart Event Systems Software Platform.
contingent to a governing Agreement or in relation to any other Agreement in respect of the Software, Product or Service, means the Software Owners and a Distributor or Ad Agency or a Service Provider and either the Client, and or End User.
20. EU GDPR
means The EUROPEAN UNION (EU) General Data Protection Regulation 2016/679 alternatively similar legislation in a country or territory where the Smart Event Systems Software will be utilised or accessed by End Users, including any regulations and codes of conduct issued in terms thereof.
means the use of any component of the Smart Event Systems Software Platform including but not limited to Smart Events Systems Smart-links, Dashboards, Communication, Marketing, and any combination of components.
22. Rate Card
means the most recent Smart Event Systems published, territory specific rate for various services, revised by Smart Event Systems from time to time.
23. Service Provider
means Smart Event Systems or any legal entity authorized by a Distributor License Agreement or Agency Sales Agreement with Smart Event Systems to provide services utilizing the Smart Event Systems Software Platform, whether directly or on behalf of Clients.
24. Software Owner
Means Smart Event Systems Ltd trading as Smart Event Systems a company duly registered in the United Kingdom with registration number (2919533).
shall mean work and services performed by a Service Provider for direct or indirect benefit of a Client electing to utilise the Smart Event Systems Software Platform, Product and/or Services.
26. Signature Date
means the date on which any Agreement is signed by the Party signing last in time.
means the Smart Event Systems Software Platform Offering enabling users to create accessibility portals to host a variety of content including Video, Documents, Journeys, Dashboards, and other related content.
28. Smart Event Systems Property Rights
means the Smart Event Systems (UK) Ltd or the Smart Event Systems International Limited intellectual property, Smart Event Systems trademarks and all vested and future intellectual property rights in and to any content displayed by or accessed through the Smart Event Systems Software and to the Smart Event Systems Products, including but not limited to, goodwill, reputation, rights in confidential information, copyright trademarks, logos, services marks devices, plants, models, diagrams specifications, source and object code materials, data and processes, design rights, patents, know-how, trade secrets, inventions, get-up, database rights and any applications or registrations for the protection of these rights and renewals and extensions thereof existing in any part of the world whether now known or in the future.
29. Smart Event Systems Software Platform
means web based Software components and Services used as a cloud based platform for any Smart Event Systems Software Platform interaction, (including but not limited to improvements, upgrades, maintenance, modification or corrections thereto) and associated product and sales training manuals, if any, together with any other documentation supplied for use by the Software Owner.
30. Smart Event Systems
in relation to services provided in the United Kingdom and/or South Africa means Smart Event Systems Limited trading as Smart Event Systems.
1. WEBSITE AND SOFTWARE TERMS AND CONDITIONS
1.1. These Terms and Conditions (“Terms”) govern your use of our Software, Product and Website (“Website”) located at www.smarteventsystems.co.uk and any derivatives thereof and shall regulate any Agreement, between Smart Event Systems and a Service Provider, between a Service Provider and a Client, between Smart Event Systems and an End User relating to the Software, Product and/or Services.
1.2. By accessing the Website and using the Software, you agree to be bound by and adhere to the Terms and Conditions set out in this notice.
1.3. The use of this Website or Software is limited to persons over the age of 18 (eighteen) years old. By continuing to use the Website or the Software you confirm that you are over the age of 18 (eighteen) years and acknowledge that any prize that you may receive as a result of your use of the Website or the Software, will be conditional upon the fact that you are over the age of 18 (eighteen) years old.
1.4. By accessing the Website and using the Software, you agree to be bound by and adhere to all applicable legislation, including all legislation specifically aimed at protecting the privacy of the End Users.
1.5. If you do not want to be bound by these Terms, you may not access, display, use, download, or otherwise copy or distribute any content contained on the Website or obtained through the Software, Product and/or Services.
1.6. If you are a minor (less than 18 years old), you may only make use of the Website and the Software with the express permission of your parent, guardian or other competent person, despite this, some areas of the Website and the Software may still be unavailable to you.
1.7. Smart Event Systems retains ownership of telemetry and analytical data collected via the use of the Software platforms with the exception of End User personally identifiable data which is always considered to have its ownership remain with the End User originator.
1.8. Every person or entity who engages the services of Smart Event Systems through either the Website or the Software, with the specific exception of using the Smart Event Systems Software for Training hereby grants Smart Event Systems the right to use any non-personally identifiable information obtained from that party, through a Campaign or otherwise, as case studies and shall specify whether its name, brand or any other information through which it might be identified may be used.
2. SOFTWARE LICENSE OWNER DETAILS
2.1. We are:
2.2. SMART EVENT SYSTEMS LIMITED, a private limited liability company, duly registered in accordance with the laws of the United Kingdom.
2.3. Registration number: 09760592 C1/GBL
2.3.1 We are Smart Event Systems Limited (trading as SmartRSVP) registered office at Griffins Court, 24-32 London Road, Newbury, Berkshire, United Kingdom, RG14 1JX.
2.4. Contact number: +44 (0) 7836 220 500
2.5. Website: www.smarteventsystems.co.uk
2.6. Email address: email@example.com
2.7. Our main business is the provision and development of software platforms that manage all forms of Event and Function activities and generate consumer engagement with products, services, and brands of Clients.
2.8. Legal queries can be addressed to firstname.lastname@example.org
2.9. We will accept legal service at the company’s physical address, marked for the attention of the legal department.
3. UPDATING OF THESE TERMS
3.1. As the Software Owners may at any time and during any Contract Period update these Terms at our own discretion and when we choose or need to and hereby reserve the right to do so.
3.2. Updates to these Terms will become effective when the updates are posted to this Website or published through the Software or other governing agreements.
3.3. When we make a material change to the Terms, we will post a notice on the Website to notify you of the change.
3.4. It remains your responsibility to ensure that you are aware of the Terms and that you are aware of the obligations and responsibilities it imposes on you.
4.1. Services offered through this Website or Software are strictly on an “as is” basis.
4.2. Your purchase of the Service provides you with a limited right to usage of the Software and does not provide your rights to or ownership in the Software itself.
5. COMPLAINTS AND DISPUTES
5.1. You may refer any complaints against a Service Provider to us directly.
5.2. If you have a complaint or if you are experiencing an issue with our Service, our Website or our Software, contact us via the “Contact us” (email@example.com) service of the Website (www.smarteventsystems.co.uk) and we will attempt to resolve your complaint or issue.
5.3. If you have previously registered as a user on the Smart Event Systems website you may access and modify or delete your personal information on the website.
5.4. if you need assistance to modify or delete your personal information previously given to Smart Event Systems, please email firstname.lastname@example.org.
5.5. If we are not able to resolve the complaint to your satisfaction, the following processes must be followed prior to legal proceedings being instituted.
5.6. The complaint must be referred for mediation and failing a successful mediation, the compliant must be referred to arbitration.
5.7. Mediation: The mediator must be a member of the legal profession and will be appointed by agreement between us.
5.8. The mediation will be conducted remotely using an internet meeting application
5.9. The mediator may apply such principles of law, equity, or commercial expediency as he or she may deem fit.
5.11. The arbitrator must be a member of the legal profession and will be appointed by agreement between us.
5.12. The arbitration will be determined in accordance with the rules of the Arbitration Foundation of the United Kingdom and all meetings will be conducted remotely using an internet meeting application.
5.13. You consent to the jurisdiction of the High Court of the United Kingdom, should any award made by the arbitrator need to be made an order of Court.
5.14. Notwithstanding the mediation and arbitration processes in the case of a dispute, either of us may apply for, and if successful, be granted, an interdict from any competent court having jurisdiction.
6 COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
6.1 Proprietary works and/or compilations of proprietary works ("Content") displayed on the Website and in the Software, whether provided by us, our affiliates or subsidiaries or any other third party ("Owner"), is the property of the respective owner.
6.2 The Content is protected by international copyright laws.
6.3 All rights in and to the Content is reserved and retained by the Owner.
6.4 Except if specified in these Terms or any governing agreements and annexures, you are not granted a license or any other right including copyright, trademark, patent, or other intellectual property rights in or to the Content.
6.5 All intellectual property rights, including all copyright, patents, trademarks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements), all vested and future intellectual property rights, whether registered or unregistered), inventions, confidential information, logos, on the Website or in the Software, information contained in or accessed on the Website or in the Software, in any database operated by us, including our data and processes, all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, all software compilations, underlying source and object code and software (including applets and scripts), shall remain our property (or that of our licensors or the lawful Owner). You may not and will not attempt to obtain any title or right to any such intellectual property rights and your use of the Website or the Software does not confer any such right or title on you.
6.6 None of the items listed in 6.5 above may be reproduced, redistributed, copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented, sub-licensed, used to create derivative works, or in any way exploited without our prior written permission.
6.7 You may retrieve and display the content of the Website or Software on a computer screen, tablet, or mobile phone, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy, or distribute or use any of the materials or content on the Website or in the Software for commercial purposes without our prior written permission.
6.8 All rights (including goodwill and trademarks) in the “Smart Event Systems” name or any derivative thereof are owned by us or our licensors. Other product and brand names mentioned on the Website and in the Software are the trademarks or registered trademarks of their respective owners.
6.9 Title, ownership rights and intellectual property rights in and to the content accessed using the Website or the Software is the property of the applicable Content Owner or Supplier and/or Advertiser and may be protected by applicable copyright or other law. You have no rights to such content.
6.10 The authors of the literary and artistic works on the Website and in the Software have asserted their moral rights to be identified as the author of those works.
6.11 Any person who displays or provides their Content to us to display on our Website or through our Software warrants that they are the Owner of the Content or that they have the right to use the Content.
7 INDIVIDUAL END USERS SUBMISSION OF MATERIAL, IDEAS OR COMMENT
7.1.1 Any material an individual End User transmits, posts or submits specifically to the software Owners on the Software Owners Website or via a Software Owner operated Collection point, other than its personal information, will be treated as non-confidential and non-proprietary, alternatively the individual End User grants Smart Event Systems a royalty-free, perpetual, irrevocable, nonexclusive right of use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
7.1.2 All comments, suggestions, ideas, notes, drawings, concepts or other information the individual End User discloses to or offers to the Software Owners on its own or as a result of a request by the Software Owner through the Website or the Software ("Ideas"), will be deemed to belong to the Software Owner and will remain our property.
7.1.3 The individual End User hereby assigns all intellectual property rights in the Ideas referred to in this Section 7, to the Software Owner.
7.1.4 The individual End User understands and acknowledges that the Software Owners have both internal resources and other external resources which may have developed or may in the future develop identical or similar Ideas and that the Software Owners and Smart Event Systems are only willing to consider Ideas on these terms.
7.1.5 The Software Owners and Smart Event Systems assume no obligation, express or implied by considering Ideas.
7.1.6 Without limitation, the Software Owner exclusively owns all current and future rights to the Ideas and will be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial, or otherwise, without compensation to the individual End User.
8. SUBMISSION OF DATA OR MATERIAL BY END USERS ON CLIENT CAMPAIGNS
8.1 All information, material, or data an individual End User voluntarily transmits, posts or submits to a Client of Smart Event Systems whilst engaging with the Client’s Campaign using the Software, shall be deemed to be the property of the Client to the extent permitted by relevant Privacy Laws.
8.2 All Client-provided material including but not limited to Client policies, logos, branding, images, and internal training material shall be proprietary to the Client. Both the content and results of Client internal training shall be Confidential Information and shall not be disclosed to anybody other than the Client and End User engaged in such training.
9 LIMITED RIGHTS TO GENERAL USERS
9.1.1 We grant you, a non-exclusive, non-transferable, limited, and revocable right to access, display and use the current and future Content for personal, non-commercial and information purposes only.
9.1.2 This Website, the Software and the Content may not be reproduced or exploited for any purpose without our prior written consent.
9.1.3 You are not allowed to collect product or service listings, descriptions or other information displayed on the Website or in the Software, and you are not allowed any derivative use of this Website, the Software, or the Content therein.
9.1.4 Any unauthorised use of this this Website, the Software or the Content therein may result in legal proceedings being instituted against you or us preventing you from accessing our Website and our Software.
9.1.5 We and our affiliates or subsidiaries reserve the right to refuse service, terminate accounts and to remove or edit Content at our sole discretion.
10. CLIENT CHARGES AND PAYMENT TERMS
10.1. The Service Provider shall deliver the Product and Services in accordance with these Terms and in accordance with any terms and conditions contained in any valid Agreement between it and the Client, whatever the case may be.
10.2. The payment of any Campaign Fee or any other payment due in respect of the Product and Services shall be due irrespective of whether or not the Client utilises the Product and Services during the Contract Period as stipulated in any other governing Agreement.
11. APPLICABLE LAWS
11.1. These Terms are governed by the laws of the United Kingdom.
11.2. If any of the provisions of these Terms are found by a competent Court to be invalid or unenforceable, that provision will be severable from the rest of these Terms or if possible, be enforced to the maximum extent permissible so as to give effect to the intent of these Terms, but the remainder of these Terms will continue in full force.
12. LIMITATION OF LIABILITY
12.1. The Website, the Content and the Software is provided on an “as is” basis.
12.2. Smart Event Systems does not place third party advertising in any Client Campaign however Clients may market products, services and or engage in communication through consumer interaction in their own Campaigns and, as a result, provide services, advertise, sell items to End Users on or through our Software.
12.3. Service Providers, on request by Clients, may publish links to the sites of Client-affiliated companies and certain other businesses or services through Client Campaigns using our Software.
12.4. We do not examine or evaluate the offerings, products, services, brands, or communication of third parties ("Offerings").
12.5. We do not warrant the Offerings of any of the third parties.
12.6. We do not accept any responsibility whatsoever for any technical failure or malfunction or any other problem with any mobile network, system, server, provider, software not owned and operated by the Software Owner or otherwise which may result in any data or result being lost or not properly received, registered or recorded or not being received, on or before the closing time of the relevant Campaign period.
12.7. The third party offering the prize as part of the Campaign, will contact an End User to arrange the collection thereof. It is the responsibility of the End User to collect the prize at the time and date arranged with the third-party supplier of the prize. All correspondence regarding the prize must be directed to the third party responsible for the Campaign and we will not be responsible for any further correspondence, harm, damage, loss, or claim relating to the provision of any element of the prize.
12.8 We, our suppliers, employees, affiliates, agents, third party information providers, merchants, licensors, holding companies or subsidiaries assume no responsibility for and cannot be held liable for any direct or indirect damage, loss or liability of any nature incurred by any person as a result of their use of or access to.
12.9.1. our Website;
12.9.2. the Content;
12.9.3. the Software; or
12.9.4. the offerings, products, services, or brands of third parties.
12.10. We make no warranty or representation as to the availability, accuracy or completeness of the Content, or any third-party Content.
12.11. We are not responsible if any network or service experiences problems or outages and results in the inability to access the Website or the Software. These problems may include, but are not limited to, all network infrastructure and links, poor internet connection, failure of an internet connection, internet service errors, denial-of-service attacks, firewall services managed by external parties, failure of mobile networks, etc.
12.12. You should carefully review the Terms and Conditions as provided by the relevant third party as well as their security and privacy policies as they may differ from these Terms and Conditions.
12.13. If you decide to access any of the third-party websites linked to on the Website or through the Software, you do so entirely at your own risk. The Website and Software only functions on certain hardware. In limited cases, older technology and/or screen configurations or sizes (as an example, small “wide” screens) prevents optimal use of the Website and Software. We have no control over devices used to access the Website and Software and cannot be held liable for the failure of such older or untested devices to access the Website or Software.
13.1. Smart Event Systems (UK) Limited reserves the right to assign as a whole or part of their interest and benefits in terms of any governing Agreement between the Parties.
13.2. A Service Provider and Client’s interest and rights in respect of any governing documents and Agreement/s shall be personal and may not be assigned, subcontracted, licensed, changed or otherwise dealt or disposed of in terms of any Agreement, without prior written consent of SMART EVENT SYSTEMS, which consent shall not be unreasonably withheld.
14.1. Neither the Software Owners, nor Smart Event Systems, its employees, agents, affiliates, third party information providers or merchants or the like, warrant that access to the Smart Event Systems Software Platform will not be interrupted as a result of the nature of technology, internet connection, power outages, server infrastructure failure, cellular phone coverage or any other triggering factors and the Service Provider and or the Client and or the End User hereby indemnifies the Software Owner and Smart Event systems against any loss or damage which may be caused as a result of the aforementioned occurrences.
14.2. The Software Owner and Smart Event Systems accept no liability for any loss or damage to the property or equipment of the Service Provider and or Client and or End User arising out of the provision, installation or maintenance of the Software or access to the Software or as a result of a Campaign.
14.3. The Software Owner and Smart Event Systems will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental or consequential damages of any kind (including loss of profits) regardless of the form of action, whether in contract, delict or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of the Smart Event Systems Software Platform, products or Services by the Service Provider and/or Client and or End User.
14.4. The Software Owner and Smart Event Systems will further not be liable for any loss or damage or any indirect, special or incidental or consequential damages of any kind, regardless of the form of action, whether in contract, delict or otherwise as a result of the reporting information and Data provided by the Service Provider and/or Smart Event Systems and further resulting from any decisions or actions which the Client or Service Provider makes as a result of the “reports” and/or reporting information.
14.5. The Software Owner and/or Smart Event Systems shall not be liable for any third party claims which may arise against the Service Provider or Client or End User as a result of the Services and Product provided in terms of any governing Agreement regulated by these Terms, and the Software Owner and Smart Event Systems are hereby held harmless against any such damages suffered by either the Service Provider or Client or End User.
15. PROHIBITED ACTIVITIES
In addition to restrictions specifically outlined in these Terms, you may not:
15.1. Use the Smart Event Systems Website or the Smart Event Systems Software Platform for any purpose that is illegal, unauthorised, unethical, amoral, beyond the scope of their intended use, prohibited by us in any way or in a manner that we do not wish to be associated with.
15.2. Engage in, encourage, or promote any activity that violates our Terms and Conditions or the legal statutes and regulations of the country where the Software is to be engaged.
15.3. Use the Website or Software in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Smart Event Systems Website or Software.
15.4. Circumvent in any way the normal and intended operation of the Smart Event Systems Software Platform, in order to give yourself an unfair advantage over other End Users, irrespective of whether your attempts are successful or not.
15.5. Use the Website or the Software in a way that could damage, disable, overburden, or impair the functioning of the Website or the Software in any manner.
15.6. Compromise the security of the Website or the Software.
15.7. Send any unsolicited or unauthorised advertising, spam, solicitations, or promotional materials.
15.8. Use any robot, spider, crawler, scraper or other automated means or interface not provided by the Software Owners to access or to extract data from the Website or the Software.
15.9. Reverse engineer any aspect of the Website or Software or do anything that might discover source code or bypass or circumvent measures, including our content filtering techniques, employed to prevent or limit access to any area, content or code of the Website or Software.
15.10. Attempt to access areas/features of the Website or Software that you are not authorised to access.
15.11. Use or attempt to use another End User’s account, personal information, or data.
15.12. Violate the privacy or data protection rights of others.
15.13. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
15.14. Attempt to indicate in any manner that you have a relationship or association with Smart Event Systems or that Smart Event Systems and or the Software Owners have endorsed you or any products or services without prior written consent of Smart Event Systems and or the Software Owners to do so.
15.15. Infringe on our or any other party's patent, trademark, trade secret, copyright or other intellectual or proprietary rights and you indemnify Smart Event Systems and or the Software Owners from unauthorised use of any copyright material loaded on the Website or Software.
15.16. Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to the use of the Website or the Software other than in terms of a formal agreement with us.
15.17. Develop any third-party applications that interact with the SMART EVENT SYSTEMS Website or Software without prior written consent of the Software Owners.
16.1. If a Service Provider, Client, End User or any associated employee, contractor or other connected party violates these Terms in any manner or creates a risk or possible legal exposure for Smart Event Systems and or the Software Owners, the Software Owner can terminate access to the Website and Software in part or completely and Smart Event Systems and or the Software Owners may hold such person or party liable for any loss or damage suffered as a result of the violation of these Terms.
16.2. If there is any payment owing to Smart Event Systems or a Service Provider, Smart Event Systems and or the Software Owners may terminate access to the Website and Software by such debtor until such time as the account has been settled in full.
16.3. If Smart Event Systems and or the Software Owners intend to terminate access to the Website and Software, Smart Event Systems will notify the party referred to as “Client or Service User,” by email or at the next attempt to access the Website or Software.
16.4. End Users may request Smart Event Systems to delete their personally identifiable information at any time. Smart Event Systems will remove or irretrievably anonymize such personal information as soon as reasonably possible.
16.5. Smart Event Systems does retain personal information from closed accounts for the following purposes, to:
16.5.1. comply with relevant laws;
16.5.2. prevent fraud;
16.5.3. collect any monies owed to SMART EVENT SYSTEMS or third parties;
16.5.4. resolve disputes;
16.5.5. troubleshoot problems;
16.5.6. assist with any investigations
16.5.7. enforce our Terms and Conditions;
16.5.8. take other actions otherwise permitted by law.
16.6. Any of the Smart Event Systems Terms which confer rights upon Smart Event Systems and or the Software Owners shall, to the extent applicable, stay in full force and effect despite the termination or cancellation of an applicable Agreement.