Terms of Use
Welcome to http://smartyhomepro.com/, an E-commerce platform by Excellent Stock LLC (“smartyhomepro”, “we” “our”, or “us”).
These Terms of Use govern your use of our E-commerce website/platform (our “Website”) and all related widgets, features, products, data, advertisements displayed on Website by usfor the purpose of online sale of products (“Products”).
These Terms of Use constitute a legally binding contract (the “Agreement”), between you and Excellent Stock LLC in relation to your use of our Website.
Acceptance of Terms of Use
Please read these Terms of Usevery carefully. In order to use the Website , you are required to agree to all of the provisions set out herein. By accessing or using the Website, registering an account, or by viewing, accessing, purchasing any Product from the Website, you represent and warrant that you have read and understood the Terms of Use and will abide by them, and that you are either 18 years of age or more, or the applicable age of majority in your jurisdiction, or if you are under 18 years of age or the age of majority in your jurisdiction, you are 16 years of age or more if you reside in the European Union or 13 years of age or more if you reside in the United States or anywhere else.
Changes to Terms of Use
We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Website, in our discretion. It is your responsibility to check this page from time to time for updates.
When we make any material changes to these Terms of Use, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Website and/or by sending you an email to the email address that you have provided us or a message to your smartyhomepro.com account, and the revised Terms of Use will become effective immediately after such notification.
You will have no obligation to continue using the Website following any such notification, but if you do not terminate your account as described in the Termination section below during such two (2) week period, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Use.
Description of the Platform
The Website is an E-commerceplatform. Registered users of the Platform maybrowse through the Website to purchase the Products displayed on the Website. The Website shall automatically store the browsing history of the Users.
We may, from time to time, release new versions of our Website, or introduce other services and/or features for the Website. Any new services and features will be subject to these Terms of Use as well as any additional terms and conditions that we may release for those specific services or features.
Website account
You are not obliged to register to use the Platform since access to the Website is free of any fee. However, in order to purchase any Products via Website, you shall be required to register yourself on the Website. To enable you to do that, you must provide us with the information you want to display on such profile.
When you register to use the Website, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid.
You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify the Website in writing, and should change your password at the earliest possible opportunity.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or of any applicable laws or regulations.
The users may be asked to provide proof of identity duly issued by government in case of any issue pertaining to the access of account. In such case, the user consents to provide the same for the purpose of resolving the matter.
Use of the Platform
Subject to your strict compliance with these Terms of Use at any and all times during your use of the Platform, Excellent Stock LLC grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Website in order to access the Website and use it for the purchase of Products.
The above licenses are conditional upon your strict compliance with these Terms of Use at any and all times during your use of the Website, including, without limitation, the following:
(i) You must not copy, rip or capture, or attempt to copy, rip or capture, any data or content from the Website or any part of the Website, other than by means of download or store for offline usage in circumstances.
(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Website at any and all times, except as permitted under these Terms of Use.
(iii) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
(iv) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any content appearing on the Website.
(v) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Excellent Stock LLC employee.
(vii) You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
(viii) You must not sell or transfer, or offer to sell or transfer, any Website account to any third party without the prior written approval of Excellent Stock LLC.
(ix) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by smartyhomepro.com; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Website servers, system or network or attempt to breach Website data security or authentication procedures; attempt to interfere with the Website including hacking Website servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Excellent Stock LLC under these Terms of Use, Excellent Stock LLC reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions at any and all times during your use of the Website, and acknowledge and agree that Website has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
Intellectual property
You agree that all materials, products, and services provided on this App are the property of Excellent Stock LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Website intellectual property in any way, including electronic, digital, or new trademark registrations.
Website does not claim any ownership rights in your personal information retained by the Website to create account, and you hereby expressly acknowledge and agree that your personal information remains your sole responsibility.
Repeat Infringement
Website will suspend or terminate your access if Website determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use.
Any user that receives more than two warnings is liable to have their access to the Website terminated forthwith.
We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Website at its discretion.
Limitation of Liability
Excellent Stock LLC, Website and its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and shareholders, shall have no liability for:
Any loss or damage arising from:
(a) your inability to access or use the Website or any part or parts thereof, or to access any content or any services via the Website;
(b) any changes that Website may make or any part thereof, or any temporary or permanent suspension or cessation of access to the Website or any content in or from any or all territories;
(d) any errors or omissions in the Website’s technical operation, or from any inaccuracy or defect in any content or any information relating to content;
(e) your failure to provide Website with accurate or complete information, or your failure to keep your username or password suitably confidential;
Any claim or cause of action arising out of or related to your use of the Website must be notified to Website as soon as possible.
Indemnification
You hereby agree to indemnify, defend and hold harmless Website, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, resulting from:
(i) any violation by you of these Terms of Use;
(iii) any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Website.
Data protection, privacy and cookies
All personal data that you provide to us in connection with your use of the Website is collected, stored, used, disclosed and otherwise processed by Website in accordance with our Terms of Use. In addition, in common with most online services, we use cookies to help us understand how people are using the Website, so that we can continue to improve the service we offer.
Payments
Payment for purchase of Products may be made via Credit card. The user will be required to provide relevant information for processing the payment forpurchase of Products and usage of the Website content. Such information will be used for the payment processing purposes only and shall be kept secured from any potential security breaches and third party sale.
Changes to the Platform, accounts and pricing
Website reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Website or any part thereof, temporarily or permanently. Website shall use its reasonable endeavors to notify registered users of such decision in advance.
You hereby agree that Excellent Stock LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable for any changes or modifications to the Website and/or any Services that we may wish to make from time to time.
Termination
We may suspend your access to the Website and/or terminate this Agreement at any time if (i) you are deemed to be a Habitual Infringer as described above; (ii) you are in breach of any of the material provision of these Terms of Use, including without limitation; (iii) Weelect at our discretion to cease providing access to the Website in the jurisdiction where you reside or from where you are attempting to access the Website, or (iv) in other reasonable circumstances as determined by us at its discretion.
Once account has been terminated, any and all personal information from account will be irretrievably deleted by us, except to the extent that we are obliged or permitted to retain such personal information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests. This data is provided and is accessible only for viewing via account on the Website for as long as your account is active.
Severability
Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
Applicable law and jurisdiction
Except where otherwise required
(i) this Agreement is subject to the laws of the State of Israel ; and
(ii) you hereby agree, and weagree, to submit to the exclusive jurisdiction of the courts in State of Israel for resolution of any dispute, action or proceeding arising in connection with this Agreement.