Before using the Services of Smekan Limited, please take the time to read these Terms and Conditions.
i) Introduction
1. The Terms and Conditions of the Service shall apply to you and shall define the rights and obligations of all users of the Service. These Terms and Conditions shall be binding upon you and shall be applicable to all visitors, users and other persons using the Service.
2. All users of the Service shall be required to accept and comply with the Terms and Conditions before they are authorized to use or access the Service.
3. By using or engaging the Service, you are agreeing to these Terms/Conditions. You may withdraw your consent if you have any objections to any part of these Terms/Conditions.
4. By using the Service, you acknowledge that you are 18 years of age or older. Smekan Limited prohibits anyone under 18 years of age from using the Service.
5. Your use of this Service is subject to your acceptance and consent of Smekan Limited's Privacy Policy. Our Privacy Policy outlines our policies and practices regarding the collection, use, and disclosure of your personal data when using the Application or Website. It also outlines your privacy rights, as well as the legal safeguards in place to ensure your privacy. We kindly request that you read this Privacy Policy in its entirety before using this Service.
ii) Limited liability
1. Smekan Limited and suppliers shall, to the extent permitted by applicable law, bear no liability for specific, incidental, indirect or consequential damages, including but not limited to:
- Loss of profit, personal data, or other information
- Business interruption
- Personal injury
- Loss of privacy
- Loss of ability to use or continue to use the Service, including when used in conjunction with third-party hardware or software
2. This limitation of liability applies regardless of whether Smekan Limited (or any provider) is aware of the probability of such damages and regardless of whether the remedy does not provide reparations or achieve any kind of resolution.
3. In some states, you may not be able to exclude implicit warranties or limit liability for incidental or consequential losses. Therefore, some of the limitations mentioned above may not apply. In these states, each party’s liability is limited as much as the law allows.
iii) Service disclaimers
1. All defects and imperfections are included in the Service. The Service is provided on a “AS IS” and “AS AVAILABLE” basis and without warranty.
2. Smekan Limited and their licensees and service providers undertake not to make any express, implied or statutory warranty or warranty of any kind with respect to the Service, including but not limited to:
- Merchantability
- Suitability for a particular purpose
- Title
- Non-infringements
3. Additionally, there are no implied guarantees arising out of the course of trade, performance, use, or trade practice.
4. No warranty or guarantee is offered by Smekan Limited regarding the Service’s ability to:
- Meet your needs
- Deliver the desired results
- Be compatible or work with other software/applications, systems or services
- Operate without interruption
- Meet performance/reliability standards
- Be fault-free
- Cannot be guaranteed that any errors or flaws can be or will be rectified.
5. There are no express or implied guarantees by Smekan Limited or its providers that the Service will work or be available, contain information, content, materials, or goods. There are no guarantees that the Service will run continuously or that it will be error-free. There is no guarantee that any information or material provided through the Service is correct, reliable, or in the correct currency.
6. Smekan Limited does not provide any warranty regarding the virus, script, trojan horse, worm, malware, time bomb, or any other malicious material contained in the Service, on its servers, contents, or in the emails sent or received on behalf of or by the Service.
7. Some states and countries may limit the exclusion of certain warranties or limit the statutory rights of customers. Therefore, you may not be subject to all or some of the above exclusions and limitations. The exclusions and limitations listed in this section are only applicable to the extent permitted by applicable law.
iv) External websites and services
1. Our Service may include hyperlinks to third party websites or services. These websites or services are not owned, managed, or controlled by Smekan Limited and we do not have control over their content, privacy policies or practices. It is important that you understand and agree with us that we will not be held responsible or liable for any damage or loss caused by your use of, or reliance on, the material, goods or services provided by these outside websites or services.
2. We strongly encourage you to read and understand the terms and privacy policies of all third-party websites and services that you visit and use.
v) Governing law
1. These Terms/ Conditions and the use of the Service shall be subject to the laws and regulations of the Republic of Cyprus, with the exception of its principles on conflict of laws. Other laws and regulations of other jurisdictions may apply to the use of the Services.
vi) Governing law for EU consumers
1. As a consumer resident of an EU country, you have the rights set out in the relevant legislation of your EU country of residence.
vii) Resolution protocol
1. If you have any issues or grievances regarding the service, we expect that you will first attempt to resolve them through informal means by reaching out to Smekan Limited. Contact details are provided below.
viii) Terms severability clause
1. If any provisions of these Terms/Conditions are deemed invalid or unlawful, they shall be amended and interpreted in such a manner as to meet the purposes of these Terms/Conditions to the fullest extent permitted by law. However, the remaining Terms/Conditions shall remain in force and effect.
ix) Preservation of rights
1. In addition to complying with the terms of this Agreement, a Party's failure to assert a right or to enforce an obligation within the meaning of these Terms shall not prevent that Party from asserting that right or from asserting that obligation in the future in the same manner. In addition, waiving a breach or violation of this Agreement does not mean that the Party will waive any subsequent breaches or violations.
x) Precedence of English translation
1. If we have translated these Terms of Service for you, please note that the original English version will prevail in case of a dispute.
xi) Access termination
1. You may be denied access to the Service at any time, and for any reason, including non-compliance with these Terms and Conditions.
2. Your access to the Service shall be revoked immediately upon termination.
xii) Changes to the terms/conditions
1. We reserve the right to modify or change these Terms/Conditions at any time without prior notice. We will make reasonable efforts to notify you of any substantial changes at least 30 days prior to the date on which the new Terms/Conditions enter into force. We are the only ones who can determine what constitutes a significant change.
2. If you continue to use or access our Service after new changes take effect, you are agreeing to abide by the amended Terms/Conditions. If you choose not to abide by the updated Terms/Conditions, either in full or partially, we kindly ask that you cease using the Service.
xiii) Contact information
1. You can contact us at [email protected].
Updated: December 29, 2023