SMARTFREEZ TERMS AND CONDITIONS

Effective as of January 3rd, 2018

Welcome to the Smartfreez’s Terms and Conditions agreement. For purposes of this agreement, “Terms” refers to Terms and Conditions, “Site” refers to the Company’s website, which can be accessed at www.smartfreez.com.  “Service” refers to the Company’s services accessed via the Site. “We,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms apply when you view or use the Site or Service via our website located at www.smartfreez.com.

Please review the following Terms carefully. By accessing or using the Service, you signify your agreement to these Terms. If you do not agree to be bound by these Terms in their entirety, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy (http://smartfreez.com/privacy-policy), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms.

ABOUT THE SITE

The Site provides information about the company’s Products and Service. Access to this Site is limited to its use for legitimate business purposes.

COPYRIGHT NOTICE AND USE RESTRICTIONS

The information presented on this Site, along with any documents, data files or other materials available for viewing or downloading (including, for example, press releases, product descriptions, customer guides or tips, and FAQs) is the copyrighted work of the Company. The Company grants you permission to copy any such information or material so long as each copy (i) is solely for informational use or for permitted commercial uses in support of the Company’s products or business interests and is not modified or revised in any manner, (ii) plainly displays all copyright and other proprietary notices, in the same form and manner as on the original and (iii) displays a statement that the materials are used solely with permission of the Company. You also may not, without the Company’s permission, “mirror” or “frame in” any material contained on this Site on any other server.

Except as expressly granted in this section (or to you specifically in writing), the Company and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

POSTINGS TO THIS SITE

Although the Company may from time to time monitor or review discussions, chats, postings, transmissions, message boards, and the like on this website or future versions of it, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, promotional materials, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations of this website or future versions of it. You are prohibited from posting or transmitting any unlawful, promotional, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material which could establish or inspire conducts that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.

LINKS TO OTHER SITES AND/OR MATERIALS

Links to third-party sites may be provided for the interest or convenience of visitors of this Site. Please note that when you leave our Site the Terms and privacy policy of the third-party sites are different. However, the Company accepts no liability for links to external sources, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@smartfreez.com  or mail to the following postal address:

SmartFreez, Lda
Av. Jacques Delors, Ed. Inovação II, Incubadora Taguspark, 411
2740-122 Porto Salvo
PORTUGAL

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

WARRANTY DISCLAIMER

The Company does a reasonable effort to ensure that all information of this website is accurate and up-to-date. Still, the website’s information may contain inaccuracies or typographical errors. The Company reserves the right to make changes, corrections and/or improvements not only to the referred information but also to the products and programs described in such form, at any time and without notice.

You must also understand that the Company makes no warranties or representations as to the accuracy of any information presented in this website. The Company assumes no liability or responsibility for any errors or omissions in the overall content of the website. Please note that all information is provided “AS IS.”

You must understand that the Company provides NO WARRANTIES about the completeness or accuracy of any information or its possible uses on any of the Company websites, including this one. This implies that site visitors should carefully evaluate any information provided with the website independent of its format.

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN ITS CONTENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Company also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of any information present in this website. The Company reserves the right to discontinue this website at any time without notice and without liability.

MODIFICATION OF TERMS OF USE

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Terms agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT http://smartfreez.com/privacy-policy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

INDEMNIFICATION

You agree to defend, indemnify and hold the Company, its affiliates and their respective directors, officers, employees and agents harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Website, Products and the Services acquired from the Company.

GOVERNING LAWS AND DISPUTES RESOLUTION

These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal. Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Civil Courts of Lisbon (Portugal).