Introduction

Welcome to SMARTY GEAR. By using SMARTY GEAR, intended as a website (https://smartygear.com) or products enlisted into the website (collectively, the “SMARTY GEAR”, the “Website”, the “Products”), the user of our Website expressly agrees to have read, understood and accepted these Terms and Conditions and our Privacy Policy.

If you do not agree with one or more of the clauses in our legal documentation, please do not use our Website.

In order to use the Website, you must accept and sign (by implication) our legal documentation.

The user also guarantees that all data provided to SMARTY GEAR at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

Amendments to the agreements

From time to time, we may, at our discretion, make changes to the Website and/or our legal documentation. When we make significant changes to the legal documentation, we will notify users via the System. The continued use of SMARTY GEAR after such changes, implies an express acknowledgement and acceptance of the changes.

Licenses

The SMARTY GEAR and the content provided through it are property of SMARTY GEAR or its licensors and we grant them to users under a limited, non-exclusive and revocable license for their personal and non-commercial use of the Website.

All SMARTY GEAR trademarks, products marks, trade names, logos, domain names and all other features of the SMARTY GEAR trademark are the exclusive property of SMARTY GEAR. This License does not grant any right to use the trademarks, SMARTY GEAR products marks, trade names, logos, domain names, or other features of the SMARTY GEAR trademark, whether for commercial or non-commercial use.

The user agrees not to use the SMARTY GEAR Website (including but not limited to its content) in any way that is not expressly provided for by these Conditions.

Third party services collections included in the SMARTY GEAR Website and products are licensed according to the rules set forth in these Terms.

Third-party Services

SMARTY GEAR, to properly provide its website and related products, may (now or in the future) use third party applications, services and content directly offered by third parties (“Third Party Applications”). The use of these applications is subject to their own terms of use. You acknowledge and agree that SMARTY GEAR is not responsible for the behavior, features, or content of any third-party application.

User content

Users of SMARTY GEAR may post (now or in the future), upload and/or contribute (“post”) content to the Website, including photographs, text and other content (“Content”). You have the right to post any Content within the System and warrant that such Content or your use by us, as provided in these Agreements, will not violate these Agreements, applicable law, intellectual property or the rights of others. You hereby grant us an international, non-exclusive, transferable, sub-licensable, royalty-free, royalty-free license to any Content posted on, or in connection with, SMARTY GEAR. The above license will be in effect until you suspend your SMARTY GEAR account except in the case of content posted, made public or shared with others. In addition to the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the Content posted on the SMARTY GEAR Website, except that, where applicable under the laws of your country, you agree to waive your right to be identified as the author of any Content on the SMARTY GEAR Website and your right to object to derogatory treatment.

SMARTY GEAR does not monitor, review or modify the Content posted but reserves the right to remove or disable access to it for any reason, including, but not limited to, Content that, in our sole discretion, violates these Agreements. SMARTY GEAR may take such action without prior notice to you. Removal or disabling of access to the Content in question will be at our sole discretion, and we cannot guarantee the removal or disabling of any Content that violates these Agreements.

SMARTY GEAR is not responsible for the Content posted and does not endorse any opinion contained therein. If you believe that any Content infringes any intellectual property rights, please contact us using the cs@smartygear.com.

User guidelines

SMARTY GEAR respects intellectual property rights and expects users to do the same. SMARTY GEAR has established some basic rules that users should follow when using the Website and products to ensure that SMARTY GEAR remains a product that everyone can use. Please, follow these rules and encourage other users to behave in the same way. The following actions are not permitted for any reason:

  • copy, redistribute, reproduce, “extract”, record, transfer, perform or publicly display, transmit or make available to the public any part of the SMARTY GEAR Website or Content, or alternatively make any use of the SMARTY GEAR Website or Content that is not expressly permitted under the Agreements or applicable law, or that otherwise infringes the intellectual property rights (such as copyright) of the SMARTY GEAR Website, Content or any part thereof;
  • use the SMARTY GEAR Website to import or copy local files for which you do not have the necessary legal rights to do so;
  • reverse engineer, decompile, disassemble, modify or create derivative works based on the SMARTY GEAR Website, Content or any part thereof, except as permitted by applicable law;
  • circumvent any technology used by SMARTY GEAR, its licensors or other third parties to protect Content or products;
  • sell, rent, subcontract or lease any part of the SMARTY GEAR products or Content;
  • circumvent any territorial restrictions applied by SMARTY GEAR or its licensors;
  • remove or modify any copyright, trademark or other intellectual property notices contained in or provided through the SMARTY GEAR Website (including for concealing or modifying any proprietary or proprietary notices of any Content);
  • crawl within the SMARTY GEAR Website, or use other automated means (including bots, scraper and spiders) to collect information from SMARTY GEAR;

    Please respect SMARTY GEAR, the owners of the Content and other users of SMARTY GEAR. Do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
  • offensive, disparaging, defamatory, pornographic, threatening or obscene;
  • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights or exclusive rights of SMARTY GEAR or any third party;
  • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Website;
  • conceived or capable of causing disturbance or harassment to other users;
  • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
  • which uses automated means to artificially promote content;
  • which involves the transmission of unsolicited mass messages or other forms of spam (“spam”), junk mail, chain letters or the like, including through the inbox of SMARTY GEAR;
  • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by SMARTY GEAR;
  • that connects, refers to or otherwise promotes commercial products or Website, unless expressly authorized by SMARTY GEAR;
  • that interferes with or in any way disrupts the SMARTY GEAR Website, tampers with, violates or attempts to probe, examine or vulnerability test the SMARTY GEAR Website or computer systems or network, rules of use or any other security component, authentication measure or other SMARTY GEAR protection measure applicable to the Website, Content or any part thereof; or
  • that causes conflicts with the Agreements, as determined by SMARTY GEAR.


You understand and agree that the publication of such User Content may result in the immediate termination or suspension of your SMARTY GEAR account. You also agree that SMARTY GEAR may recall your username for any reason.

The password protects the user account, and the user is solely responsible for keeping it confidential and secure. You understand that you are responsible for all use of your user name and password within the Website. In the event of theft or loss of your username or password, or if you believe that there has been unauthorized access to your account by a third party, please notify us immediately and change your password as soon as possible.

Payments

SMARTY GEAR currently accepts any credit card as valid method of payment. In any case, using a determined method, the user expressly demonstrates to be the legal owner (or to have the full right of use) of the method of payment.

Limitations and modifications

SMARTY GEAR will make reasonable efforts to keep the SMARTY GEAR Website operational. However, from time to time, some technical difficulties or maintenance operations may cause temporary interruptions. To the extent permitted by applicable law, SMARTY GEAR reserves the right to modify or discontinue, periodically and at any time, temporarily or permanently, the functions and capabilities of the SMARTY GEAR Website, with or without notice and without any liability to users, except where prohibited by law, for any interruptions, changes or terminations of the SMARTY GEAR Website or other related functions.

Termination and cancellation

The Agreements will remain in force until terminated by the user or SMARTY GEAR. However, the user understands and agrees that SMARTY GEAR may at any time suspend or completely deny access to the Website to any user, without any written notice.

Warranty and disclaimer

SMARTY GEAR TRIES TO PROVIDE THE BEST POSSIBLE WEBSITE AND PRODUCTS, BUT THE USER UNDERSTANDS AND AGREES THAT THE SMARTY GEAR WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR EXPRESS OR IMPLIED STATUS OF ANY KIND. YOU USE SMARTY GEAR WEBSITE AT YOUR OWN RISK. TO THE MAXIMUM LIMITS LAID DOWN BY APPLICABLE LAW, SMARTY GEAR AND ALL CONTENT OWNERS DO NOT PROVIDE ANY INSURANCE AND DENY ANY WARRANTY OR SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SMARTY GEAR AND THE CONTENT OWNERS DO NOT WARRANT THAT IN ANY WAY THE SMARTY GEAR WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, SMARTY GEAR DOES NOT PROVIDE ANY INSURANCE AND DOES NOT WARRANT, AFFIRM OR ASSUME THE RESPONSIBILITY OF ANY APPLICATION OF THIRD PARTIES (OR ITS CONTENT), USER CONTENT OR OTHER PRODUCTS OR WEBSITE PUBLISHED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE SMARTY GEAR OR A WEBSITE LINKED THROUGH HYPERTEXT LINK OR PRESENTED IN A BANNER OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT SMARTY GEAR IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN USER AND SUPPLIERS THIRD PARTIES OF APPLICATIONS OR THIRD-PARTY PRODUCTS OR WEBSITE PUBLISHED ON OR THROUGH SMARTY GEAR WEBSITE. IN THIS RESPONSE, NO ADVICE OR INFORMATION PROVIDED FOR ORAL OR WRITTEN BY THE USER TO SMARTY GEAR WILL CONSTITUTE ANY FORM OF WARRANTY FOR SMARTY GEAR. IF PROHIBITED BY APPLICABLE LAW, SOME ASPECTS OF THIS SECTION CAN NOT APPLY TO CERTAIN JURISDICTIONS.

Limitations

YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ONLY AND SOLELY REMEDY FOR ANY PROBLEMS OR DISSATISTS WITH THE SMARTY GEAR WEBSITE CONSISTS IN STOPPING USING THE SMARTY GEAR WEBSITE. EVEN IF SMARTY GEAR DOES NOT ASSUME ANY LIABILITY FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT, AND EVEN IF THE RELATIONSHIP WITH THESE THIRD PARTY APPLICATIONS MAY BE ADJUSTED BY SEPARATE AGREEMENTS WITH THOSE THIRD PARTIES, TO THE EXTENT PERMITTED BY LAW ONLY AND ONLY REMEDY OFFERED BY SMARTY GEAR FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THEIR CONTENT CONSIST IN UNINSTALLING AND / OR STOP USING THESE THIRD-PARTY APPLICATIONS.

IN THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMARTY GEAR AND ITS OFFICIALS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, AFFILIATES, BRANCHES, SUCCESSORS, ASSIGNEES, SUPPLIERS OR LICENSORS MAY BE CONSIDERED LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL DAMAGES, PUNITIVE, EXEMPLARY OR CONSEQUENT; (2) ANY LOSS OF USE, DATA, BUSINESS OR USEFUL (DIRECT AND INDIRECT).

Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced fully permitted by law.

Any failure by SMARTY GEAR or third-party beneficiaries to enforce the Agreements or related clauses shall not void SMARTY GEAR’s or third-party beneficiary’s right to do so.

Assignment

SMARTY GEAR may assign the Agreements or any part thereof and may also delegate any obligations under the Agreements. You may not assign the Agreements or any part thereof, nor transfer or sublicense your rights under the Agreements to any third party.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold SMARTY GEAR harmless from and against any damages, losses and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you engage or perform through the SMARTY GEAR Website; and (4) your violation of any law or the rights of any third party.

Jurisdiction

SMARTY GEAR operates in full accordance with the applicable laws of UAE. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of UAE.

Contacts

If you have any questions about the SMARTY GEAR Website or Agreements, please contact us at cs@smartygear.com.