Website Terms of Use

1. Who we are

1.1. Welcome to SmarterChains! The website www.smarterchains.com belongs to the company under the trade name “SmarterChains SA”, Rue de Lausanne 36, 1201 Geneve, Switzerland, with tax registration number CHE-347.879.117, Tax Authority of Geneva, Switzerland, tel. no. +41 22 342 45 81, and email address info@smarterchains.com (hereinafter referred to as “SmarterChains”, “the company”, “we”, “us”, “our”).

The present Website Terms and Conditions of Use (“Terms” or “Terms And Conditions”) contained herein as well as all applicable laws and regulations, apply in full force and effect to your access, use and/or navigation of this website, including all pages, content within the website (collectively referred to herein below as the “Website”). Acceptance of all the present Terms of Use is required for accessing, using and navigating this Website on your part. We invite You (hereinafter referred to as “you”, “your”, ‘the User”) to read these Terms of Use carefully before visiting or using the Website. You expressly agree that you have read, understood and accepted to be legally bound by all the terms and conditions set forth below. Please note that other Services offered by SmarterChains might be subject to additional terms and conditions of use and policies.

1.2. You must frequently visit the Terms, as part or all of these terms may be amended at any time, without justification or prior notification and without there being any other obligation for information about such amendment, except for their being posted on the Website. Both these Terms and Conditions of Use and any amendments thereto, together with our Privacy Policy, which is an integral part of the present, are the contractual framework which governs the relationship between the User and SmarterChains at any given time (as applicable from time to time). You should review our Privacy Policy and our Cookies and Online Advertising Policy, by which you agree to be bound as a condition of visiting the Website. Our Privacy Policy and our Cookies and Online Advertising Policy are incorporated by reference into these terms of use. In the event of a dispute or without prejudice to part or all of these Terms and Conditions, the User is invited to abstain from access to or navigation on the Website, or any other action on it, otherwise the acceptance of all Terms and Conditions by you is unconditional.

SmarterChains reserves the right, indicatively, and not exclusively:

a) to renew or upgrade part or the whole content of the Website;

b) to renew or upgrade part or the whole of the interface, structure, or configuration of the Website, as well as its technical specification; and to

c) limit access to, cancel, suspend, permanently or temporarily, or terminate the operation of the whole Website or part thereof, at any time, without any justification and without any prior notice to the User of the Website according to its own discretion and without liability.

1.3. Please note that you must be 18 years of age or over and have legal capacity.

1.4. The use of the Website is done by you with your full and exclusive responsibility, by your own means and through selected companies and providers.

1.5. Except as otherwise required by law or as otherwise expressly stated by us, availability of services is subject to change without notice. We reserve the right to cancel, change or substitute any service at any time for any reason including, without limitation, a technical error regarding availability of a service.

1.6. The above Terms and Conditions bind all parties (the Company and the users/customers) and constitute the entire contract of the parties and prevail over any and all previous and current contracts between you and the Company.

2. Data you provide to us

2.1. While you interact with our website, you may provide us with some of your personal data, for instance when you fill in your details in our contact form or when you fill in your email address to receive our Newsletter.

You hereby declare and guarantee that all data that you provide about you or anyone else, shall be true, accurate, current and complete. In addition, you bear full and exclusive liability for any damage or harm caused to us due to untrue, incorrect or outdated data stated by you.

3. License

3.1. We grant you a non-exclusive, non-transferable, revocable and limited license, without right of sublicense, to use the Website for, notably without limitation, (a) accessing, consulting and sharing news and information about SmarterChains, its business activities, and its products and services and (b) apply for job openings within the SmarterChains family.

4. What about Copyright, Software, Content, Trademarks and other Intellectual Property Rights?

4.1. Copyright: The intellectual property rights over the software and on all content included on this Website, such as, but not limited to, images, text, graphics, videos, audio content, logos, slogans, product name, service name and button icons, and its arrangement and compilation is the sole and exclusive property of either SmarterChains, or of its third-party licensors and are protected by the applicable laws on intellectual property rights. The (full or partial) replication, transmission (electronically or by other means), modification, linking or use of the Website is permitted only with the express written authorisation of SmarterChains.

The appearance and display of the Website content may not be taken as transfer and/or assignment of a license and/or a right to use thereof. Users are granted a limited license only, subject to the restrictions provided in these terms for purposes of viewing and downloading the material contained on this Website only for information and non-commercial purposes and for personal use. The saving or printing of pages and/or sections of the Website is only permitted with full reference to the source and all property rights shall remain with SmarterChains. Both Users and any third party are subject to the restrictions under article 5 below.

4.2. Trademarks: The trademarks appearing on the Website are registered trademarks that belong either to SmarterChains or to our licensors Partners who may or may not be affiliated with, connected to, or sponsored by us irrespective of whether or not they are marked as such, or bear the ® symbol. The User or any third party does not have and does not obtain any permission or consent to use in any manner the trademarks of SmarterChains or its partners, for any commercial or other purposes without the special prior written permission of SmarterChains or their respective owners.

SmarterChains holds exclusive rights over the domain name “smarterchains.com”.

5. Are there any restrictions regarding access to and use of the Website?

5.1.You agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). You are granted a non-exclusive permission of access and personal use of the website for the purposes specifically detailed in the present Terms and Conditions of Use. You are expressly and emphatically restricted from all of the following:

• Publishing in any media, selling, distributing, copying in whole or in part, transferring, altering, storing, republishing, amending, or reproducing and exploiting in any other manner, in any form, any part of the content or copies of the content that appears on this Website.
• Decompiling, reconstructing, or creating derivative works by using any software or accompanying documentation offered by SmarterChains or its licensors.
• Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm and damages to the Website, or to any person or business entity.
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
• Using this Website to engage in any advertising or marketing.
• Coping, modifying, or distributing rights or content from our services or our copyrights and trademarks; using frames or frame techniques in order to frame any trademark, logo, or other proprietary information (including images, text, page layout, or format) of the Website or using any “meta-tags” or any other “hidden text” based on trade names or trademarks of SmarterChains without its written consent.
• Posting false, inaccurate, misleading, defamatory, or libelous content (including personal information).
• Processing of other users’ personal data.
• Reversing engineer, decompile, disassemble or otherwise attempting to discover the source code of the Website.
• Performing any action that may cause harm to the reputation of SmarterChains, or from any unlawful exploitation thereof, or creating any connection that insinuates any kind of relationship of the User or a third party with SmarterChains, or approval or support by SmarterChains when there is none.
• Creating any link to any part of this Website other than the homepage. SmarterChains reserves its right to remove the connection permission without justification, without penalty and without any prior notice to the User.
• Impeding the operation of the Website and replacing or amending its content (images, photographs, texts, etc.)
• Commissioning or facilitation of criminal offences in any manner, transmission of viruses, trojans, worms, logic bombs, and any action, in general, that may lead to an unaccepted or extensive encumbrance of the infrastructure or the operation of the Website.
• Publishing, e-mailing or transmitting in other ways, any content that infringes morality, social values, or that infringes any patent, trademark, trade secret, or that causes intentional or unintentional violation of applicable law.

6. What about links to third-party Websites?

6.1. This Website is linked through hyperlinks with other Websites, which are not related with SmarterChains, and whose content is not controlled, edited or monitored by the latter (the “Linked Websites”). These links are only made available for the users' convenience: they shall under no circumstances be construed as a specific or implicit approval or acceptance of the content or the services of the Linked Websites to which the User is referred through hyperlinks. Therefore, SmarterChains does not guarantee that the content posted on the Linked Websites is correct, legal, complete, updated, true, accurate, or of good quality, and does not bear any responsibility or liability for the availability of such third party material, advertising, products, or other materials on such Third Party Websites. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any material goods or services available on or through any such Third Party Websites. Similarly, SmarterChains cannot check the collection and processing of the users’ personal data by the Linked Websites, and, therefore, it does not bear any liability in relation to such collection and processing.

6.2. When the User uses the Linked Websites, the Terms and Conditions, as well as the Privacy Policy of each website shall apply accordingly. Access and use of third party materials, including the information, materials and services on or available through third party materials is solely at your own risk.

7. Does the company use social media?

7.1. The company maintains various social media accounts. Please note that once you choose to visit a social media website via the corresponding icon on our website, you are leaving our website and you are therefore bound by the policies of the respective social media services, which we urge you to read to be better informed. The company bears no responsibility for any acts or omissions of any social media service provider or for your use of the features included on their platforms. For any issue arising from or due to the use of social media, the User must address directly the respective social media service provider.

8. What about SmarterChains Blog?

8.1. Our Blog contains various articles and information related to our business, in which you may be interested in. The information provided therein, is of general informational nature and is provided for your convenience only. It should not be construed as specialized advice given to you about the issues that concern you. The Company is not responsible for any damage that may occur to a user/customer or a third party, due to information obtained from the Website.

9. Disclaimer of warranties and limitation of liability

9.1. The information contained on the Website is for information purposes only. Nothing contained on this Website shall be construed as providing consult or advice to you. Although we shall make all reasonable efforts to ensure that the information provided through this website is accurate, reliable and up to date, we make no representations or warranties of any kind, express or implied, as to the operation of this website, the completeness, precision, timeliness or accuracy of the information and material contained on this website, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, noninfringement, system integration, data accuracy, quiet enjoyment and freedom from viruses or other harmful code. You expressly agree that your use of these services is at your sole risk. The website and the content therein are delivered on an “as-is” and “as-available” basis and no license to the user is implied in these disclaimers.

9.2.We are not liable for any loss or damage that may be caused by a denial of service attack, viruses or other technologically harmful material that may infect your hardware, software, data, or other proprietary material due to its use of this Website or due to the downloading of any material posted on this or any affiliated website. We accept no liability for any manipulation of the User’s IT system by unauthorised persons. The company expressly points out the risk of viruses and the possibility of targeted hacker attacks. In order to prevent viruses, using the latest browser version as well as installing a regularly updated antivirus software is recommended.

9.3. SmarterChains and its officers, directors and employees disavow any liability for any consequential, possible and indirect damages or for escaped profit, including profits not made, loss of data, suspension of activity, damages to the fame or reputation, or any other damage of whatever nature that could arise from the use of its Website, or the content thereof, or from the inability to use or access the Websites, or through the use of, and/ or reliance upon any information obtained either directly or indirectly from this Website, regardless of whether such damages could have been foreseen or whether they arise due to tort or by negligence, based on the applicable laws. Moreover, SmarterChains shall not be liable in the case of suspension of access to its website for reasons beyond its control, as well as for reasons due to a technical or other weakness of the network, or to reasons of Force Majeure, or to unforeseeable circumstances. A circumstance beyond our control is one that cannot be foreseen or avoided, even after taking all due care and includes but is not limited to the weather conditions, strikes, war, terrorist activity, civil unrest, damage, loss, accident, illness, delay or other irregularity. In any case, however, and provided that any damage is due to the proven fault of SmarterChains, the latter shall bear liability only for the coverage of any actual damage caused to the damaged party that demonstrably originates from and relates directly to the event giving rise to the damage, and the wrongful act or omission. In the event of negligence, any damage shall be limited to the amount of the value of the product/service sold. All the liability limitations contained in these Terms of Use, which are acknowledged and accepted by the Website User in their entirety as being valid and consistent with good faith and transactional practices, apply.

10. Indemnification

10.1. The User agrees to indemnify to the fullest extent, defend and hold SmarterChains and its officers, employees harmless of any and all claims, damages, losses, expenses, liability, damages and/or costs (including reasonable attorney’s fees) we incur that arise out of any breach by you or your dependants of these Terms, any actions you take which disrupt access to and/or the functioning of the Website, or any liability we might incur as a result of the use of the Website by you or your dependants.

11. Miscellaneous/Final Provisions

11.1. Entire Agreement. These Terms and Conditions of Use bind the parties (SmarterChainsand the Users, including customers and vendors) collectively, and constitute, as a whole, the whole contract of the parties, and prevail over any and all previous and current contracts between the User and SmarterChains.

11.2. Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein. Otherwise, you agree that the term must be repaired and it will be construed in a manner that approaches the original meaning of the term/sub-term to the greatest extent, in accordance with the law.

11.3. Waiver. Any delay in the parties’ exercising some or all of the rights stemming from these terms shall not result in the weakening or waiver of such right, which may be exercised at any time, at a later stage, at the reasonable judgment of its holder. Any waiver of any provision of these Terms of Use will be effective only if made in writing and signed by us.

11.4. References-Headings. In these Terms, words that appear after the expression ‘include’, ‘including’, ‘other’, ‘for example’, ‘for instance’, ‘such as’ or ‘in particular’ (or any similar expression) will not limit the meaning of the words appearing before such expression. The headings contained in these terms and conditions are set for reference purposes alone and shall not affect the meaning or interpretation thereof.

11.5. Amendment. These Terms of Use may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use and you should review those policies, terms and conditions each time you visit the Website or use our services. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting notice of such changes on the Website or by notifying you via e-mal. Your continued access or use of the services after such changes are made conclusively demonstrates your acceptance of such changes.

11.6. Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

11.7. Governing law-Jurisdiction. These terms are governed by and construed in accordance with the laws of Greece. The User and SmarterChains, upon acceptance of these Terms and Conditions, agree to be subject to the exclusive jurisdiction of the courts of Athens, Greece.

12. Contact details

12.1. For further information about us or if you have any queries or concerns regarding the present Terms and Conditions, please contact us via email at info@smarterchains.com

Company Details
SmarterChains S.A.
Rue de Lausanne 36
1201 Geneve
Switzerland

Last updated on 13.12.2019