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Website terms and conditions

Acceptance of terms and conditions

The following are the terms and conditions of our website www.smartfind.com.mt. By accessing and continuing to use this website, you accept these terms and conditions in full. If you do not agree with these terms and conditions, you must stop from accessing and/or using this website further.

 

Ownership

We SmartFind Malta own this website, its URL and any and all content displayed and/or hosted on this website. By using this website, you do not acquire any rights to the website and/or any of its content, including but not limited to any intellectual property rights over any information or content. All other intellectual property and/or other content not owned by us that is displayed on this website is the property of its respective owners, who may or may not be affiliated with, connected to and/or sponsored by us. Subject to the licence below, all these intellectual property rights are reserved.

 

Use

This website and/or all of its content is offered to you solely for your personal use and you may not use this website and/or all of its content for any illicit, illegal or unauthorised use and/or any other use which would be contrary to law or to these terms and conditions. Other than as a registered business user, you may not use this website for any direct/indirect commercial or business purpose, including for resale purposes, such as by systematically extracting and/or reutilising any part of the content and/or material displayed on this website, downloading or modifying the website or any part of it, interfering with or disrupting the network and/or the website and/or any other computer systems relating thereto, interfering in any manner with the enjoyment or use of this website by other persons, or in any manner causing damage to the website and/or its users.

In order to use this website as a business user, you must: (a) be 18 years of age or older; (b) register on the website; and (c) have a valid cashlink card or credit card.

We grant you a limited, revocable and non-exclusive license to access and make personal use of this website. In particular, you are not allowed to sell, lease, licence republish, reproduce, redistribute, copy, modify or otherwise exploit any and all material and/or content displayed on this website on any other medium or forum.

You must not transmit through or to the website any defamatory, threatening, obscene, distressing, harmful or pornographic material and/or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

You must not use this website to transmit or send unsolicited commercial communications.

 

Website content

We will use our best endeavours to provide only information and content on this website which is true, accurate and up to date. However and to the extent permitted by law, we provide no guarantee and/or warranty as to the veracity, accuracy and/or currency of the information and content provided on this website. Nothing on this website constitutes, or is meant to constitute, advice of any kind.

All information and content shown on this website is subject to withdrawal at any given time and we provide no guarantee and/or warranty as to the availability at all times of any such information and content.

 

No warranties

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs and/or compatible with any other software or material. The website is provided “as is”. Accessing the website is entirely at your own risk.

 

Third party content

Our website contains several links to third party websites and content. We provide no guarantee and/or warranty as to the veracity, accuracy, legitimacy and/or currency as to the information and content provided on any third party website and we are not liable for any damages resulting from your visiting any third party website or content displayed on our website. We reserve the right to remove any links to third party websites at any time and without prior warning.

 

Customer service

For any customer-care related queries, please feel free to contact us on the hereunder details:

E-mail: info@smartfind.com.mt

Phone: 99948663           

Kindly note that our Customer Service Department is open Monday to Friday (excluding Public Holidays) from 08.00am till 5.30pm.

 

Placing an order & payment methods

You can place an application through this website or by telephone by contacting our customer Service Department on the above e-mail address or telephone number.

Upon placing an order, you will be redirected to a third party website for the payment of your order. We have no control over any and all actions undertaken and information exchanged on this third party website and we are not liable for any damages resulting from your visiting the third party website for the payment of your order.

We reserve the right to reject or cancel any order effected on our website without prior notice.

We will inform you of the status of your order via e-mail, including if we reject or cancel your order.

Unless your order is rejected or cancelled, your order constitutes a legally binding contract between us and yourself.

 

Pricing policy

All prices displayed on this website are indicated in Euro (€) and are inclusive of applicable Malta VAT rates of 18%. All prices displayed on this website are subject to change without prior notice.

 

Limitations of Liability

We do not accept liability for any direct, indirect, special and/or consequential loss or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contacts or business relationships, loss of reputation or goodwill and/or loss or corruption of information or data.  These limitations apply even if we have been expressly advised of the potential loss.

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit. 

By using this website you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website.

 

Indemnity

You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities or expenses (including without limitation to legal expenses and/or any amounts paid by us to any third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

 

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with such breach. If you default negligently or wilfully in any of the obligations set out in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause us.

 

Your account details

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our privacy policy regarding the treatment of your personal information.

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. 

You agree to accept responsibility for all activities that occur under your account or password.  If you have reason to believe that your password has become known to third parties, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password, we will reset it upon you request and send it to the email address, which you specified upon registration.

Your account can be cancelled by contacting Customer Service.

We reserve the right to refuse service and/or terminate accounts, without prior notice, if you violate these terms and conditions, or if we decide, at our sole discretion, that it would be in our best interest to do so.

 

Miscellaneous

We have the right to amend, change and revise the website and correct and/or update any and all information without notice.

We reserve the right to vary these terms and conditions from time to time where we consider it reasonable and necessary to do so. Our new terms will be displayed on the site and by continuing to use and access the website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.

Failure by us to enforce a right does not result in a waiver of such right.

We may transfer, subcontract, assign or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, assign or otherwise deal your rights and/ or obligations under these terms and conditions.

These Terms and Conditions (including the privacy policy) constitute the entire agreement between you and us in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

These terms and conditions will be governed by and construed in accordance with the Laws of Malta.

Any disputes relating to these terms and conditions shall be determined and finally settled through arbitration. The parties agree that, in such case, any disputes shall be referred to the Malta Centre for Arbitration located in Valletta, Malta and each dispute shall be determined in accordance with Maltese law and regulated by the procedure and Rules of Arbitration which govern arbitrations in Malta.  Disputes will be settled by one arbitrator appointed in accordance with those Rules, unless the parties agree otherwise. The arbitration shall be conducted in the Maltese language. The seat of arbitration shall be Malta unless the parties otherwise agree. The decision given by the arbitral tribunal shall be final and no appeal shall lie from such a decision.

 

Updates

These terms and conditions were last updated on the 2nd June 2017.