Welcome to the website (the "website") of SMART-wares Pte Ltd ("SMART-wares", "we" or "us") operates Smart-wares.com and associated sites and mobile applications (collectively, Smart-wares.com).
On this website, SMART-wares makes available to you a wide range of information, software, products, downloads, documents, communications, files, text, graphics, publications, content, tools, forums, resources, and services.
Please read the Terms of Use carefully. They govern your access to and use of the website, contents, and the services offered on or through it. The Terms of Use constitute a binding legal agreement between you and us. By accessing and using our website in any way, including, without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing an order for products or services, means that you have read BY ACCESSING AND USING OUR WEBSITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THE WEBSITE, USING ANY INFORMATION, USING ANY CONTENT, USING ANY SERVICES, DOWNLOADING ANY MATERIALS, AND/OR PLACING AN ORDER FOR PRODUCTS OR SERVICES, MEANS THAT YOU HAVE READ AND YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU ACCESS OR USE OUR WEBSITE ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY, AND THESE TERMS OF USE ARE THE AGREEMENT OF SUCH ENTITY. IN THAT EVENT, “YOU,” “YOUR,” “VISITOR,” AND “USER” REFER TO THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR WEBSITE AND ITS CONTENT AND SERVICES.
All materials contained in the website are the copyrighted property of SMART-wares, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to SMART-wares, or its subsidiaries or affiliated companies and/or third-part licensors. Unless otherwise specified, the materials and services on this website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the website without the written permission from SMART-wares.
Any software that is made available to download from the website ("Software") is the copyrighted work of SMART-wares and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"), or as expressly stated on the website pages accompanying the software. An end user will be unable to download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any use, reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Except as expressly prohibited on this website, you are permitted to view, copy, print and distribute publications and documents within this website (such as FAQs, white papers, datasheets, press releases and so on), subject to your agreement that: a) your use of the information is for informational, personal, and non-commercial purposes only, b) you will not modify the documents, publications or graphics, c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context, d) you will display the below copyright notice and other proprietary notices on every copy you make, and e) you agree that SMART-wares may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from SMART-wares. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the website may be copied or retransmitted unless expressly permitted by SMART-wares.
Our Privacy Policy describes how we collect, use and disclose information we receive from users and visitors. By visiting and using the website, you agree to the practices described in them.
The website content is posted by Smart-wares.com. We reserve the right to update or remove any content published on Smart-wares.com. We are under no obligation to keep the content up to date. Subject to your compliance with these Terms of Use, we authorize you to:
The website content and any authorized copies are the intellectual property of Smart-wares and its licensors. The content is protected by applicable law, including United States and foreign copyright laws and international treaties. We expect our users and visitors to act responsibly, respectfully, and lawfully on Smart-wares.com. You agree not to post content that, or the act of posting of which:
(1) is unlawful, obscene, pornographic, violent, defamatory, fraudulent, harassing, or harmful to others;
(2) violates the rights, including intellectual property rights, or the privacy of any other person;
(3) incites or furthers criminal or unlawful acts;
(4) constitutes hate speech or a personal attack;
(5) contains viruses or other features that can harm Smart-wares.com or other property; or
(6) which may otherwise expose us or our users or visitors to liability. We reserve the right to review any user content and determine, in our discretion, whether it violates these Terms of Use.
However, we assume no obligation to do so and have no responsibility for user content on Smart-wares.com.
You may use Smart-wares.com only to benefit from its intended services and functionality and in compliance with these Terms of Use and applicable laws and regulations. Conduct that is harmful to us or others or that disrupts use Smart-wares.com or its use by others is prohibited. Below we include several examples of prohibited conduct on Smart-wares.com:
You acknowledge that we have the right to monitor your access to and use of Smart-wares.com to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. However, we do not undertake to do so or to enforce violations by others of these Terms of Use with respect to your content or otherwise, and, to the maximum extent permitted by law, we will not have any liability to you for our failure to prevent, cease, or remedy such violations.
Smart-wares.com may contain links to third-party websites or resources. We are not responsible or liable for the availability or accuracy of such websites or resources or for their content, privacy policies, products, or services. Links to such websites or resources do not imply any endorsement by us.
We reserve the right, at our discretion, to modify Smart-wares.com and any services provided on it or to modify these Terms of Use, at any time and without prior notice. We will notify you of any material changes to these Terms of Use by posting the new Terms of Use our website. By continuing to access or use Smart-wares.com after we have posted a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease visiting and using Smart-wares.com.
We may suspend or terminate your account or access to Smart-wares.com, or terminate or discontinue all or any part of Smart-wares.com, the services offered on it, or these Terms of Use, at our discretion, at any time, and without prior notice. Without limiting the foregoing, we reserve the right to terminate any account that has been inactive for a significant period of time, as determined at our discretion. You may terminate your account or stop using or visiting Smart-wares.com at any time. We will not be liable to you or any third party for termination of Smart-wares.com or termination of your use of it. Suspension or termination will not affect those of your obligations under the Terms of Use, which, by their sense and context, are intended to survive such suspension or termination.
You agree to indemnify and hold Smart-wares, its affiliates, and their respective officers, directors, employees, agents, licensors and service providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you post on Smart-wares.com, your violation of these Terms of Use or any law or regulation, or your violation of any rights of another.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATION ARE PROVIDED "AS-IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND AND SMART-wares HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, SMART-wares DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. IN NO EVENT SHALL SMART-wares AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SMART-wares ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
TO THE FULLEST EXTENT PEMITTED BY LAW, SMART-wares, ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY (1) PERSONAL INJURY; (2) SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (OR FOR ANY LOSS OF: USE, DATA, BUSINESS, OR PROFITS OR ANY OTHER PECUNIARY LOSS); OR (3) COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE OR RELIANCE UPON SMART-WARES.COM, THE SMART-WARES WEBSTORE, OR ANY PRODUCTS, SERVICES, CONTENT, MATERIALS OR INFORMATION DIRECTLY OR INDIRECTLY PURCHASED FROM OR PROVIDED BY SMART-wares, WHETHER SUCH LIABILITY ARISES UNDER ANY INDEMNITY, WARRANTY, GUARANTEE OR FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THESE LIMITATIONS WILL APPLY EVEN IF SMART-wares HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMART-WARES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES OF PERSONAL INJURY) EXCEED THE GREATER OF (1) THE AMOUNT YOU PAID TO SMART-wares FOR THE PRODUCT OR SERVICE GIVING RISE TO THE DAMAGES, OR (2) US$25. THE LIMITATIONS IN THIS PARAGRAPH ARE A PART OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SMART-wares, the SMART-wares logo, the look and feel of Smart-wares.com, and all trademarks, service marks, logos, trade names, slogans, and any other proprietary designations of SMART-wares and its products and services used on Smart-wares.com are trademarks of SMART-wares. All other marks are the property of their respective owners. Controlling Law and Jurisdiction These Terms of Use and any related action will be governed by the laws of Singapore, without regard to conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts in Singapore, and we and you waive any objection to this jurisdiction and venue.
From time to time, we may implement additional terms and conditions applicable to specific areas or services of Smart-wares.com or to particular content or transactions. These Terms of Use, the other documents referenced in these Terms of Use and such additional terms and conditions constitute the entire agreement between us and you regarding Smart-wares.com and its content and services. They supersede and replace all prior agreements between you and us regarding the same subject matter.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without our consent will be null and of no effect.
You consent to the use of electronic means to complete these Terms of Use and electronic records to store information related to these Terms of Use or your use of Smart-wares.com. Except as otherwise stated in these Terms of Use, any notices pursuant to these Terms of Use will be in writing and given: (1) by us via email (in each case to the address that you provide) or by posting on Smart-wares.com, or (2) by you to support@smart-wares.com .
Our failure to enforce any right will not constitute a waiver of future enforcement of that right. The waiver of any such right will be effective only if in writing and signed by our duly authorized representative. Except as expressly stated in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect. The parties have agreed that these Terms of Use and all documents relating thereto will be drawn up in English.
If you have any questions about these Terms of Use, please contact us at support@smart-wares.com.
SMART-wares Pte Ltd is incorporated under the laws of Singapore. Our headquarters is at 152 Beach Road, The Gateway East #04-06, Singapore 189721.