Terms of Use

of ScanSmart Check-In and VaxCheck Services

Last Updated: November 28, 2020

      1. Introduction

    Welcome to the ScanSmart.io website/app. This document sets out the Terms of Use for our website/app and applies to any business/organisation using the client-side element of the Check In and Vax Check services. These Terms of Use apply to usage of all services provided by us, including access to our site via desktop, as well as mobile and app usage. The “App”, “Website”, “Site”, or “ScanSmart” are used interchangeably/ in this document.

    The provision of our services on the client side of the Website/App are subject to you accepting the Terms of Use.

    The agreement between you and us in relation to your use of the App/Website (the “Agreement”) consists of these terms and conditions of use (“Terms of Use”), the policies referred to in this document (each a “Policy” and together the “Policies”), all of which you should read carefully before you subscribe to use the App/Website.

    This Terms of Use document is for the purpose of the contract that is between the clients of Check In (typically business) and Vax Check (typically health personnel) services provided by ScanSmart. This Terms of Use document does not apply to end users of those services.

    1. Your agreement

    Please review the Terms of Use and each Policy carefully. By accessing and using the App/Website, you confirm that you have read, understand and accept the Terms of Use and the Policies and that you agree to abide by their respective terms each time you access and use the Website/App. If you do not agree with any of the Terms or Use or any Policy, you may not use the App/Website.

    Registered clients of our site will be required to agree to these Terms of Use in order to carry out the core services provided by the Site.

    1. Modification of terms

    We reserve the right in our sole discretion to change and update the Terms of Use and any Policy at any time.

    Registered clients of the site will be alerted to any change of the Terms of Use and will be required to confirm your agreement to the updated Terms in order to continue to carry out core services provided by the Site. 

    By continuing to access and use the Website/App, clients will be deemed to have agreed to any changes or updates to the Terms Use and any Policy. 

    1. Information about us

    The Website and the App is operated by Eason Electronic International, trading as ScanSmart. We are incorporated in Ireland under company number 906774 and our registered office is at 36 Dame Street, Dublin 2, Ireland

    1. Access to and use of the Website/App

    Check In Function

    For using our Check In solution the services which are made available on the Website/App will, amongst other things, allow you: (i) set up an account with us with your personal details, your credit card details and your business premises details; (ii) create a QR code for use for your customers; (iii) provide you access to our database on a read only basis and limited to your business premises (iv) pay your monthly subscription fee to us.

    VaxCheck Function

    For using our Vax Check  solution the services which are made available on the Website/App will, amongst other things, allow you: (i) set up an account with us with your personal details, , your business premises details and your professional certification details/licence/authority; (ii) create a digital vaccination certificate code for people vaccinated under your licence /authority; (iii) provide you access to our database on a read only basis and limited to your business/organisation (iv) pay your monthly subscription fee to us.

    If in the event all or part of ScanSmart is sold or exchanged with another corporation, organization or individual, through this Terms of Use, you grant that new entity permission to use the personal data collected by ScanSmart, including your and your customers personal data for uses beneficial to their business if that new entity operates in similar ways and consistent with data protection and consumer protection legislation.

    Further information on you and your customers data protection rights and your responsibilities are outlined in the respective Privacy Statements. It is agreed in these Terms of Use that ScanSmart Privacy Statements are an integral and enforceable component of the contract between ScanSmart and you/your business/organisation.

    1. Registration of accounts, usernames and passwords

    Registration is required if you want access core services, including but not limited to, subscribing to the Check In service and the Vax Check service and accessing the personal data recorded of those who have checked in to your premise or pre-registered and have provided you a unique token for the VaxCheck service.

    As part of the registration process, you will be asked to enter your email address and a password.  You will be responsible for all activities occurring under your account and for keeping your password secure. This includes a responsibility to ensure that you do not enter your account information into a phishing website, or any other website purporting to be or offer services for ScanSmart.  All information supplied must be complete and accurate.

    You are responsible for all actions taken on your account and you agree only to use or utilize the App/Website using your own name, email address and password. You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit, either directly or indirectly, any other person to utilize your email address or password. We reserve the right to terminate your registration without prior notice at our discretion if you breach these essential privacy rules.

    You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

    You may change your password by following instructions on the App/Website.

    We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

    You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account including but not limited to any administrative fines or penalties applied by court, a tribunal or other legislative mandated statutory body.

    By providing us with your email address, you notify us to use that email address to send you ScanSmart notices, including any notices required by law.

    1. Deactivating accounts

    In accordance with Data Protection principles, non- registered and registered users of our sites can request we delete any personal data we hold on them.  In some instances we may be unable to delete your data if we are required to retain it to comply with our legal obligations (including requests from law enforcement agencies) or if it is in your or another person’s vital interest not to do so.

    You can learn more about your right to data deletion and how long we retain data for by reading the relevant Privacy Statements. 

    1. Using and accessing the Website/App

    We have the right to temporarily or permanently disable, suspend or restrict without limitation any password, name, mobile phone number, IP address or other method that we may allow to be used on the Website/App from time to time to identify users (whether chosen by you or allocated by us) (a “User Identifier”), at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of the Terms of Use or any applicable Policy.

    You may not: (i) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use a User Identifier without appropriate authorizations or rights; or (iii) use or submit a mobile phone number or email to us in respect of which you are not the registered owner, bill-payer and or account holder unless explicitly approved to do so by our client

    We reserve the right in our sole discretion to refuse registration of, suspend or cancel a User Identifier’s use or access rights to the Website without notice. You shall be responsible for maintaining the confidentiality of your User Identifier(s) and are fully responsible for all activities that occur under your User Identifier in connection with your use of the Website/App.

    As a condition of your access and use of the Website/App you warrant to us that you have the right, authority and capacity to enter into and be bound by the Terms of Use.

    We retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with the Terms of Use or otherwise.

    1. Restrictions on right to use

    You agree that you shall not (and you agree not to allow any third party to):

    1.   Modify, adapt, translate, or reverse engineer any portion of the Website/App.
    2.   Use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website/App.
    3.   Access, copy (including screen grabs), retrieve or index any portion of the Website/App for purposes of constructing or populating any database.
    4.   Process any information about other users or users of the Website/App except customers attending your premises.
    5.   Create or transmit any unwanted electronic communications including any and all marketing emails/texts to your customers who use the Check In service.
    6.   Use the Vax Check service to attempt to establish whether any persons known to you in a purely personal capacity (family, friend, relative, neighbor etc.) have or have not used the VaxCheck service.
    7. Create user accounts by automated means or under false or fraudulent pretenses or create multiple logins.
    8. Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature.
    9. Use the Website/App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including those deemed threatening or obscene.
    10. Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
    11. Use the Website/App, intentionally or unintentionally, to violate any applicable law including data protection and consumer rights legislation or codes.

     

    1. Cancellation policy

    You can cancel your subscription to use the website/App services at any time. Your cancellation of your subscription will apply immediately following the next due monthly payment.

    1. Consequences for failure to comply with the Agreement

    Failure by you to comply with the Agreement may result in our taking all or any of the following actions:

    1. Immediate, temporary or permanent withdrawal of your right to use the Website/App.
    2. Immediate, temporary or permanent removal of any access rights to the App.
    3. Issue of a written warning to you
    4. Initiation of legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    5. Other legal action against you; and/or disclosure of such information to law enforcement authorities.

    We exclude liability for actions taken in response to breaches of the Terms of Use. The responses described above are not exhaustive and we may take any other action we reasonably deem appropriate.

    1. Governing law and jurisdiction 

    This Agreement is governed by the laws of the Republic of Ireland, and the courts of the Republic of Ireland shall have exclusive jurisdiction to hear, settle and determine any dispute which may arise out of or in connection with this Agreement.

    1. Severability

    If the whole or any part of a provision of this agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect the legality, validity or enforceability under the law of that jurisdiction of the remainder of the provision in question or any other provision of the Agreement and the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of the Agreement.

    1. Assignment and entire agreement

    We may assign or subcontract any or all of our rights and obligations under the Agreement with you to a third party at any time, at our discretion. You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under the Agreement.

    1. Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback and other information about the Website/App and /or ScanSmart services are provided by you to us are non-confidential, unless you state otherwise, and may be used by us at our discretion.

    info@scansmart.io 

    Address: 4th Floor, 36 Dame Street, Dublin, Ireland

    Tel:+353 (83) 020 8882 , Email: info@scansmart.io