Updated: October 30 2024
1. Introduction and Acceptance
Welcome to SmartDev’s website (www.smartdev.com) and all associated sites (collectively, the “Website“). SmartDev LLC, SmartDev SA, and SmartDev Holding Pte. Ltd. (collectively referred to as “SmartDev,” “we,” “our,” or “us“) provide services subject to the following terms and conditions (the “Terms“). By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any future amendments and additions to these Terms as published from time to time at www.smartdev.com/terms.
2. Definitions
In these Terms:
- “Client,” “You,” “Your“, and “User” refer to you, the user of the Website.
- “Party” or “Parties” refers to both the User and SmartDev, or either the Use or SmartDev.
- “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
3. Modifications to Terms
SmartDev reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms.
4. Use License
Subject to these Terms, SmartDev grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. This license is subject to these Terms and does not include:
a. Any resale or commercial use of the Website or its contents;
b. Any collection and use of any product listings, descriptions, or prices;
c. Any derivative use of the Website or its contents;
d. Any downloading or copying of account information for the benefit of another merchant; or
e. Any use of data mining, robots, or similar data gathering and extraction tools.
5. Intellectual Property Rights
a. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SmartDev, its licensors, or other providers of such material and are protected by Vietnamese, Singaporean, Swiss, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
i. Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.
iii. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. For the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
d. To impersonate or attempt to impersonate SmartDev, a SmartDev employee, another user, or any other person or entity.
e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm SmartDev or users of the Website or expose them to liability.
7. User Contributions
a. The Website may contain message windows that allow Users to submit, display, or transmit content to us (collectively, “User Contributions“) on or through the Website.
b. All User Contributions must comply with the Content Standards set out in these Terms.
c. Any User Contribution you send or post through the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
d. You represent and warrant that:
i. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
ii. All of your User Contributions do and will comply with these Terms.
e. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SmartDev, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions sent by you or any other user of the Website.
8. Monitoring and Enforcement; Termination
a. We have the right to:
i. Remove or refuse to respond to any User Contributions for any or no reason in our sole discretion.
ii. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms.
iii. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
9. Content Standards: These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.
10. Hyperlinking to Our Content
a. Permitted Links: Without Prior Approval the following entities may link to our Website without prior written approval:
i. Government agencies
ii. Search engines
iii. News organizations
iv. Online directory distributors
b. Link Requirements: All links to our Website must comply with the following conditions:
i. The link must not be deceptive or misleading.
ii. The link must not imply any sponsorship, endorsement, or approval by SmartDev of the linking party’s products or services.
iii. The link must be appropriate within the context of the linking party’s website.
c. Other Link Requests: SmartDev may consider link requests from other organizations on a case-by-case basis. Approval of such requests will be at SmartDev’s sole discretion, based on factors including but not limited to:
i. The potential impact on SmartDev’s reputation
ii. The nature and purpose of the linking organization
iii. The mutual benefit derived from the link.
d. Removal of Links: SmartDev reserves the right to request the removal of any link to our website at any time, for any reason. Upon receiving such a request, you agree to promptly remove the link.
e. Use of SmartDev’s Intellectual Property: The use of SmartDev’s logo, trademarks, or other intellectual property for linking purposes is prohibited without a written license agreement from SmartDev.
f. Link Request Procedure: To request permission to link to our website, please contact us at [email protected] with your name, organization name, contact information, and the specific URLs you wish to link to and from.
g. Disclaimer: SmartDev is not responsible for the content or privacy practices of any linked websites. The inclusion of any link does not imply endorsement by SmartDev of the linked website or its content.
11. Website Integrity and Content Usage
a. iFrames and Website Presentation: You are prohibited from creating frames around our webpages or altering the visual presentation or appearance of our website without our prior written consent.
b. Content Liability: SmartDev is not responsible for third-party content appearing on websites linking to ours. You agree to indemnify and hold SmartDev harmless from any claims arising from content on your website. Links to our Website must not appear on any website containing libelous, obscene, criminal, or infringing content.
c. Privacy Policy: For information on our data handling practices, please refer to our Privacy Policy at [insert URL].
d. Reservation of Rights: SmartDev reserves the right to request the removal of any links to our Website at our discretion. You agree to comply promptly with such requests.
e. For Users in the European Economic Area (EEA), United Kingdom, and Switzerland: SmartDev will provide its services with reasonable care and skill. No other promises or warranties about SmartDev’s services are made. Your statutory rights as a consumer remain unaffected.
f. For Users Outside the EEA, United Kingdom, and Switzerland: SmartDev’s services are provided “as is” and “as available.” To the fullest extent permitted by applicable law, SmartDev disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Limitation of Liability:
a. For Users in the EEA, United Kingdom, and Switzerland, SmartDev and its employees, licensors, and business partners will not be liable for any losses or damages arising from your actions or breach of this agreement, or which arise as a result of a third party’s (or any other) acts or omissions beyond our control.
b. For Users Outside the EEA, United Kingdom, and Switzerland, to the fullest extent permitted by applicable law, SmartDev and its employees, licensors, and business partners shall not be liable for any indirect, incidental, consequential, special, or punitive damages.
c. Liability Cap: To the fullest extent permitted by applicable law, in no event shall SmartDev’s total liability to you for all damages, losses, and causes of action arising out of or relating to your use of the website exceed a nominal amount as determined by applicable local law.
d. Exceptions: Nothing in these Terms shall limit or exclude our liability for:
i. Death or personal injury resulting from our negligence
ii. Fraud or fraudulent misrepresentation
iii. Any liability that cannot be excluded or limited under applicable law.
13. Governing Law and Dispute Resolution
a. For users in the European Economic Area (EEA), United Kingdom and Switzerland:
i. This Agreement is between you and SmartDev SA, a limited liability entity incorporated in the Canton of Vaud, Swizterland with offices at Rue de la Gare 11, 1260 Nyon, Swizterland.
ii. The laws of Switzerland govern this Agreement and your use of the Website.
iii. You expressly agree that the courts of the Canton of Vaud in Switzerland shall have exclusive jurisdiction for any claim or action arising out of or relating to this Agreement.
b. For users in Singapore:
i. This Agreement is between you and SmartDev Holding Pte. Ltd., a company registered in Singapore.
ii. The laws of Singapore govern this Agreement and your use of the Website.
iii. You expressly agree that the courts of Singapore shall have exclusive jurisdiction for any claim or action arising out of or relating to this Agreement.
c. For users in Vietnam:
i. This Agreement is between you and SmartDev LLC, a company registered in Vietnam.
ii. The laws of Vietnam govern this Agreement and your use of the Website.
iii. You expressly agree that the courts of Vietnam shall have exclusive jurisdiction for any claim or action arising out of or relating to this Agreement.
c. For users in the United States and all other countries not specified above:
i. This Agreement is between you and SmartDev LLC, a company registered in Vietnam.
ii. The laws of Vietnam, excluding its conflicts-of-law rules, govern this Agreement and your use of the Website.
iii. You expressly agree that the courts of Danang, Vietnam, shall have exclusive jurisdiction for any claim or action arising out of or relating to this Agreement.
e. Notwithstanding the above, nothing in this Agreement shall deprive you of the protections afforded by the mandatory consumer protection provisions of your country of residence.
f. Alternative Dispute Resolution: We encourage you to contact us first with any issues. If a dispute cannot be resolved directly, you may be entitled to submit it to an alternative dispute resolution platform.
