Last updated 21st of May 2018
3. Description of Services
We provide you with a number of online resources, including but not limited to search functionalities using keywords or product categories, content, shopping merchant and product reviews, buyers guides and other communication tools (the “Services”) to allow you to find and compare listed products offered on the websites of a number of third parties (the “Merchants”).
Results of user searches do not include all offers available on the Internet but are based on data made available by Merchants and collected by us. The order offered by offers depends on a number of factors, and depends on what type of search has been carried out:
• If you search by category, offers from all Merchants will appear based on how we link these categories based on which categories these Merchants have provided. If the Merchants have not provided us with correct categories, their products will not be displayed as a result of the search.
• If you perform a search via the search field (i.e. with keywords), offers from all Merchants can be displayed on the Website and, in addition to the price paid, other criteria may be taken into consideration in the classification of offers such as popularity, relevance between data published by the store and your search criteria.
Data is updated in intervals. Depending on the type of data, these intervals may vary depending on the current Merchant and how current data comply with our technical requirements.
Buying from Merchants
We may also introduce you to certain partners and the services they offer, notably in the form of integrated services (e.g. classified advertisements). We may also display promotional links on the website; these are also known as sponsored links, advertising messages or promotional offers, which you may find yourself prompted to view while using the Website.
5. User Account and Password
If you wish to access certain Services on the Website (such as Newsletters) you must set up an account on the Website. You will be able to set a password and account designation upon completing the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your password or account. We do not have the means to check the identities of people using the Website and will not be liable where your password or account is used by someone else.
6. User Conduct
You agree to not access the Website and/or use the Services to:
• harm minors in any way.
• interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services.
• intentionally or unintentionally violate any applicable law or regulation.
• extract, collect, process, combine or store personal data about other users.
• reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
You agree not to upload, post, email, or otherwise transmit:
• any Content that is false inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability,
• any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ( “Rights”) of any party,
• any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose,
• any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Use of the Website by Children
The Website and Services are intended for use by users of all ages as the website intended to act as a social platform and, and also provide children with tools in the form of the Services to communicate their wishes to their respective guardians and vice versa. On the other hand, there are restrictions regarding active promotion towards children under 18 years of age. This means that we will not actively make targeted advertising to children so long these have correctly stated their age in the user profile.
8. Content Posted by You
You acknowledge that you are responsible for all information, data, text, software, photographs, graphics, video, messages and other materials ( “User Content”), whether publicly posted or privately transmitted, which you upload, post, email or otherwise transmit via the Website and/or Services.
With respect to all, User Content you elect to post on the Website, you grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. Responsibility for Content
We provide product descriptions, pricing information, and other content (“Website Content”) in relation to products listed on the Website. Our inclusion of Website Content is for informational purposes only and does not imply any endorsement of any products, Merchants or other services offered by such Merchants. Whilst we use all reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Website Content will be free from errors or omissions and we accept no liability for any inaccuracies or mistakes in any Website Content.
10. Content Relating to Financial Services
In regards to the Website Content or Services in respect of financial services, investment or trading, such Website Content or Services are provided for informational purposes only, and no such Website Content or Services are intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness or availability of any such information transmitted on the Website or via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
11. Access to Website and Services
Whilst we will try to ensure that the Website will be available uninterrupted and in a fully operating condition, we cannot guarantee this. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
We will make every effort to provide you with the latest and most accurate information and data possible, notably as regards price, regarding the goods and services on the Website. However, as this information and data are transmitted to us either by the Merchants listed on the Website under the terms of a listing agreement or via professional databases, we are unable to guarantee that it is fully accurate and exhaustive.
In the event of any differences between the information and the data appearing on our Website and that appearing on the Merchant’s website, the latter shall prevail.
12. Changes to the website and services
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) or to launch new services, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services.
In the event of any changes to Services requiring the opening of a Smartster account, we will notify users using all appropriate means. You may cancel your Smartster account online by notifying Customer Services at any time.
You agree that we, in our sole discretion, may terminate your password, account (or any part thereof), access to the Website or use of the Services, and remove and discard any Content within the Services, for any reason. We may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and you agree that you will not involve us in any dispute between you and any third party.
15. Copyright/Copyright License
Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, trademarks, logos, graphics, photographs, animations, videos, and text or the intellectual property of third parties in the Website and its contents.
You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
You agree to compensate us and our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, from any claim or damages (including any legal fees in relation to such claim or damages), made by any third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of any third party.
17. Our legal obligations and limits on liability
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
19. Trademark Information
“SMARTSTER” and other Smartster logos and product and service names are trademarks of Smartster Group AB (publ) (the “Smartster Marks”). Without our prior permission, you agree not to display or use in any manner, the Smartster Marks.
20. Copyrights and Copyright Agents
If you believe that any of your intellectual property rights have been infringed by any User Content or Website Content, please send notice of such alleged infringement to firstname.lastname@example.org.
21. General Information