TERMS & CONDITIONS
The smailex.com website (the "Service", or “website”) is owned by Smailex llC, a company incorporated under the laws of the Province of Texas, USA ("Smailex ", "we" or "us"). The following terms and conditions relate to your use of this website at www.smailex.com, including without limitation for use with your v.com account login name, Smailex’s proprietary software, data and content website branded 'Smailex' as updated from time to time (each feature individually and collectively referred to as the "Service"). Please read them carefully before using the Service.
These terms and conditions constitute a legally binding agreement between you and Smailex (the "terms and conditions"). This Service is provided to individuals who are at least 18 years old being an US resident, or shipping to the US, or minors who have parental permission to open and maintain an account. The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
By sending e-mail messages or posting a message or registering with this site in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them, YOU STATE THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TERMS AND CONDITIONS”).
Smailex may amend these terms and conditions at any time at its own discretion. If these terms and conditions are amended, Smailex shall place the new version of terms and conditions on this site. You will be considered to have accepted any amendments if you continue using the Service after the amendments are published.
If you do not accept the terms and conditions applying please do not continue to use the website.
1. OUR SERVICE
1.1 Smailex operates and controls this Service and provides it to you in its absolute discretion.
1.2 Using the Service in accordance with these terms and conditions permits you to use Smailex's online shipping price-searching product for your own personal, non-commercial purposes only.
1.3 Smailex may change its Service at any time in its own discretion, including, but not limited to, suspending access to this website, inserting advertising in this website and limiting the number of shipping prices that can be accessed using this website.
1.4 In consideration of Smailex allowing you to use their Service, you agree to comply with these terms and conditions. All other uses of this Service other than as set out in these terms and conditions are prohibited.
2. RESTRICTIONS AND UNAUTHORIZED ACTIVITIES
2.1 Your permission to use this website as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
- You must not access or in any way exploit any underlying data, code, content or other material provided by Smailex in conjunction with this website.
- You must ensure that any shipping order concluded on this website are concluded between you and Smailex's authorized shipping partners and not via any unauthorized carrier.
- You must not use this Service in any way for your own commercial purpose.
- You must not edit, remove, alter, tamper with, or in any way change this website or any part of it.
- You must not (and must not authorize others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use this website other than as permitted pursuant to paragraph 1 above.
- You must comply with all laws and regulations when using this Service and must not use it for illegal or illegitimate purposes.
- You must not use this Service in any manner whatsoever that may prejudice or damage Smailex's business.
2.2 You acknowledge and agree that any shipping and postage, and pricing information provided on this website is made available by Smailex's suppliers and partners or has been gathered from public domain sources. By using this Service, you agree that price quotes made for you or on your behalf using Smailex's live update tools may be displayed to other users of this Service. Smailex suggests you to read the terms and conditions of use of any relevant website operated by any third party before ordering shipping or postage, or any other products or relying on information contained in them.
3. SMAILEX'S PROPERTY
3.1 The Service, and all the Content are protected by copyright, trademark, and other laws of the Province of Texas, USA. You acknowledge and agree that the website and the Content, including all associated intellectual property rights is the exclusive property of Smailex and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the website, or the Content.
3.2 The material and information on this website is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without Smailex 's prior written permission. Permission is hereby granted for you to make a single copy of documents or material published by Smailex on this website solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. Smailex does not authorize any other use of the information or material provided.
3.2 You must not:
- Remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on this Service or pass off or attempt to pass off this Service as the product of anyone other than Smailex.
- use any automated computer program or application to scan, copy, index, sort or otherwise exploit this website or part thereof.
3.3 You acknowledge that this website includes content, pricing information, data and brand names owned by Smailex's partners ("Partner Materials"). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.
3.4 By using this Website, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in it.
3.5 You shall ensure that no disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto this website.
4.1 By using the Smailex web site and hence accepting these terms and conditions, you warrant and represent to Smailex that:
- You will not use this Service other than in accordance with these terms and conditions.
- You will not use this Service in any manner which may cause damage to Smailex or bring Smailex into disrepute.
- Your use of this Service will not infringe the rights of any third party.
5. DISCLAIMER OF LIABILITY
5.1 Your use of this Service is entirely at your own risk. While Smailex will endeavour to ensure that the content of this website is up-to-date and accurate, Smailex, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Service in any way or in connection with the use, inability to use or the results of use of the Service, any websites linked to the Service or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the Service.
5.2 Smailex makes no representations and does not warrant to you that this website:
- is accurate, complete or up to date;
- will always be available;
- is secure or is free from errors, faults or defects.
5.3 Although there is currently no charge for the use of this Service, Smailex expressly reserves the right to charge for use of the Service or any part of it at a later date.
5.4 Smailex has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of this Service. In particular, Smailex shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor.
5.5 These terms and conditions sets out the full extent of Smailex's obligations and liabilities in respect of this Service. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these terms and conditions (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of these terms and conditions. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply this Service which might for this paragraph 5.5 have effect between Smailex and you or would otherwise be implied or incorporated into these terms and conditions or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and Smailex shall not be liable to you in tort, delict or otherwise pursuant to the express terms of these terms and conditions in respect of the subject matter of these terms and conditions or the supply or non-supply of the Service. This statement shall not affect any of your statutory rights.
5.6 You should always obtain professional advice before making any decision which is prompted by this Service or information you have been provided by Smailex that may have legal or financial implications.
5.7 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of Smailex) Smailex does not accept any liability for:
- Any inaccuracies or omissions (other than for fraudulent misrepresentation) in the content of this website or,
- Any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, this website or any content contained in it.
5.8 By using this Website, you release Smailex from all such liability.
5.9 Smailex makes no representation that materials or information on this Website are appropriate or available for use in locations outside the United States of America and accessing the website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this website from locations outside the United States of America, you do so on your own initiative and are fully responsible for compliance with local laws.
5.10 Owing to the nature of the Internet and the fact that your access to this Service involves functionality outside Smailex's control, Smailex is not responsible for technical problems that you may experience with this website.
6.1 YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS SMILEX AND ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUB-CONTRACTORS AGAINST ALL CLAIMS, ACTION, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES, THAT MAY AT ANY TIME BE INCURRED BY REASON OF VIRUS OR ANY OTHER DESTRUCTIVE FEATURE RESULTING FROM YOUR ACCESS TO, USE OF OR LINKAGE WITH THIS WEBSITE AND/OR ANY CLAIM BROUGHT BY A THIRD PARTY HAVING A BASIS IN CONTRACT OR TORT, IN LAW OR IN EQUITY, INCLUDING BUT NOT LIMITED TO INFRINGEMENT, INTERFERENCE WITH CONTRACT OR PROSPECTIVE ECONOMIC ADVANTAGE, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, GROSS NEGLIGENCE, PRODUCTS LIABILITY OR STRICT PRODUCTS LIABILITY.
7. FORCE MAJEURE
7.1 Where the Smailex is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”), Smailex shall be excused from such obligations to the extent of such prevention, restriction or interference so caused.
8.1 Smailex may in its absolute discretion immediately terminate these terms and conditions upon notice to you. Smailex may suspend your use of this Service without notice at any time, without incurring any liability to you whatsoever.
9. CONSEQUENCES OF TERMINATION
9.1 Immediately upon termination of these terms and conditions:
- You will not have the right to use this Service and all permissions set out in paragraph 1 shall cease.
- You shall immediately delete any information received or used by you which relates to the Service, including deleting any cookies and, where requested by Smailex, confirm in writing that you have done so.
11. LEGAL REMEDIES
11.1 You acknowledge that the unauthorized use of this Service may result in irreparable damage and injury to Smailex and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized use, Smailex, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of this Service.
11.2 Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that Smailex, its affiliates and/or licensors may have.
12.1 The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.
12.2 These terms and conditions are personal to you. You shall not be entitled to assign these terms and conditions these terms and conditions in whole or in part to any third party without Smailex's prior written consent.
12.3 These terms and conditions constitute the final and entire agreement between Smailex and you regarding your use of the Services and supersede any previous and contemporaneous oral or written arrangements regarding your use of the Services. We may discontinue or change the Services or their availability to you, at any time. These terms and conditions are personal to you, which means that you may not assign your rights or obligations under these terms and conditions to anyone. No third party is a beneficiary of these terms and conditions.
12.4 Any failure by Smailex to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.
12.5 Irrespective of the country from which you access or use the Service, you agree that these terms and conditions, as well as any and all claims arising from these terms and conditions will be governed by and construed in accordance with the laws of the Province of Texas, USA without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of these terms and conditions will be an appropriate federal or state court located in Texas, USA. These terms and conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
13.1 If you require further information about Smailex or have any suggestions concerning how to improve this Website,please feel free to contact us online by clicking here.