General Terms & Conditions and Privacy Policy
The following is a legal Agreement between You (User) and the owners and operators of smabbler.com (Website), Smabbler (We). By using the Website You agree to be bound by the terms of this Agreement. If You do not agree with the General Terms and Conditions, You are not allowed to use the Website. You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. This agreement may be revised or updated without notice. Smabbler services are provided by Smabbler sp. z o.o. (Reg. No. 381478404), a European Union (EU) company located at Lipowa 11, Rzeplin 55-020, Poland.
General Provisions
The Smabbler website was created to facilitate networking, promotions, knowledge and experience exchange, for users worldwide interested in building a network of cooperation and economic development. The Smabbler information service is a service providing data and information on companies compiled and organized via a method designed by Smabbler ( Smabbler data). The Smabbler information service is available online acting as an information search engine. The Smabbler information service includes information on the business scope, products and/or services, and contact data of third parties and may grant access to information and services provided by third parties.
Intellectual property and warranty of quiet possession
Users acknowledge that the Smabbler data constitutes a rich ensemble of information and any intellectual and industrial property rights in Smabbler services, software, visual identity and database remain the property of Smabbler or of its franchises/partners, as appropriate, or of third parties for content provided by such third parties. Smabbler reserves all rights, property and interests to: (a) the original elements appearing in the work and any procedural documents realized as part of the services, including but not limited to any intellectual property right pertaining thereto; and (b) all processes, techniques, developments and know-how, whether or not incorporated in the services that Smabbler may be required to develop or provide as part of the services.
Conditions of using our website
You agree not to use this site or its Content for any illegal or unauthorized activity. You agree that you will not use any device, software, or other technology to interfere or attempt to interfere with the proper working of this site. You agree not to use this site or its Content for any commercial purposes. You agree not to deploy automated agents or other technology to collect, harvest, mine, or otherwise interact with this site, unless you follow standard robots.txt and other standard crawler-management policies. You agree that we can, at our sole discretion, prohibit such automated activities. The reproduction, modification or distribution of any or all of the Smabbler website in any form and in any manner whatsoever is prohibited without the express, written permission of Smabbler.
User Account and Paid Services
Some sections of the Smabbler website are accessible solely to users having created a user account. As part of the creation of their account, users must provide some information about themselves. Users undertake to provide full and accurate information, and to ensure it remains up-to-date. Users represent and warrant that information provided when registering or subsequently is true and not misleading. Users are solely responsible for keeping their password confidential. You agree that You are responsible for all of your use of the site including for the use of your account by others.
Subscribing to paid services and payment
In order to benefit from Smabbler’s paid service, users must log in to their user account, select the packages they require and fill in the subscription/payment form. Subscriptions can be taken out for periodic or quantity based services (depending on the option chosen in the subscription form). Ongoing subscriptions can be explicitly extended for additional periods or quantities at any time, until the service is terminated by the user. When subscribing to a periodic service package while another of a different type is still active, the current package is tacitly terminated and the newly ordered package is activated. Smabbler does not refund unused periods or unused parts of purchased service packages. Payment for the service is done via a secure internet solution. If users subscribe to access to paid services, they must agree to the Smabbler general terms and conditions.
Pricing
The prices invoiced shall be those in force on the date of the order, in accordance with applicable tariff conditions. All prices are excluding tax, unless otherwise specified. All orders shall constitute an acceptance of the price and descriptions of the services proposed. Services come into effect as soon as they are placed online. Smabbler reserves the right to modify its tariff conditions. If this occurs, any changes made shall affect only those orders placed subsequent to the changes.
Links and Content
We, or third parties, may produce automated search results or otherwise provide links to other World Wide Web sites or resources. We may also provide the opportunity for third parties to submit, post, transmit or otherwise make available information, data, text, messages, multimedia or other materials (Content) though this site. Because we either do not review and/or have no control over such sites, resources, and Content, you acknowledge and agree that we do not endorse and are not responsible nor liable for any Content, nor for the availability of such sites, and resources, nor for any Content contained therein, and you understand that all Content is the sole responsibility of the person from whom such Content originated. You further acknowledge and agree that we are not responsible or liable, directly nor indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, site or resource.
Material provided to smabbler.com
Users shall be responsible for any content they place on the Smabbler website and confirm that the material comply with all obligations set out in these conditions, and in particular that: (a) your material is not defamatory, does not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory; (b) your material does not take away or affect any other person's privacy rights, contract rights or any other rights, and does not otherwise break any laws; (c) your material does not promote any illegal activity or discrimination; (d) your material is not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation; (e) your material does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the website; Smabbler may therefore not be held liable for the content of any messages or information posted by users or for the content of the information of third parties online, even if accessible via the Smabbler website. Smabbler reserves the right (at its free and unfettered discretion) to examine, modify or delete any content, whether or not the material goes against any of these conditions; or restrict, suspend or stop access to all or any part of the website at any time.
Privacy and Security
We are committed to protecting and respecting your privacy. This privacy policy is about the way we use the personal information of users. If you use our service, this privacy policy applies to you. We do not control, nor are we responsible for, the privacy practices of those sites to which we link and, therefore, you agree to read the privacy policies of those sites. We do not sell or otherwise provide personal information to other companies for the marketing of their own products or services. We will retain your information for as long as your account is active or as needed to provide You services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights, avoid litigation, protect your safety or the safety of others, investigate fraud, and/or respond to a government request. The user undertakes to refrain from disclosing any confidential information received from Smabbler.
Information We Collect
We may request that an entity applying for an account with Smabbler provide us with certain personal information (such as its name, email address, etc.) relevant to our provision of the various services offered on our site. If you choose not to share your information, you may not be able to access or use some areas of our websites. We may use your email address to send you a confirmation of any order you make from or through us, to confirm any account changes you make, and to respond if you contact us about our services. We might also use your email address to bring you news such as changes to the way you can use our online services or new services and special offers we think you might be interested in. We do not collect any personal information other than that which is specifically and knowingly provided to us. When we request information, we explain how it may be used and give you an opportunity to request that the information not be used for those purposes. Any communications sent from us in the future will include a means to opt out, such as through an opt-out link in the communication.
Information You Provide
Our service helps you connect with others, find and be found for business opportunities. We will use data about you to help others find your profile, suggest connections for you and others. It is your choice whether to send a connection request or allow another user to become your connection. Data that you include on your profile and content you post or social action you take on our services may be seen by others. Your settings, degree of connection with the viewing user, the subscriptions they may have, their usage of our services, access channels and search types impact the availability of your profile and whether they can view certain fields in your profile. You may change or delete your profile information at any time through your user panel.
Cookies
Cookies are information files stored on your computer, tablet or smartphone that help websites remember information about your visit. Cookies can help to provide improved services matching your interests. For account management purposes, Smabbler may use cookies, web beacons and other monitoring technologies to compile anonymous statistics about site users. If you choose not to share your information, you may not be able to access or use some areas of our websites.
Sharing Information
Smabbler may share non-personally identifiable information about our users with advertisers, business partners, and other third parties. Such non-personally identifiable information may include your IP address, visited sites, and keyword searches. This information may allow such third parties to provide you customized advertising. Smabbler may partner with other parties in connection with the various services offered on our site, such as payment processors or email delivery services. In such instances, we may share limited personal information that is necessary for the third party to provide its services. These companies are prohibited from using this information for any other purpose. Information that you provide is processed within the EEA (including the European Union, Norway, Liechtenstein and Iceland) and we do not plan to transferred your data to third countries. If such needs ever arise it will be conducted only to the extent that laws allow.
Operator Disclaimer
Please be aware of the following: (a) You use the Website at your own risk. You should not rely on the Website for advice. (b) We are not an agent for and do not give guarantees for any organizations you search for using the Website or their goods and services. (c) The Website contains hyperlinks to websites run by companies other than Smabbler. We do not control, and are not responsible for, any other websites made available from or through the website. (d) We cannot guarantee the accuracy of the results of any search made via Smabbler. (e) We are not liable to you for any other loss as a result of theft, destruction of information, or someone getting access to our records, programs or services without our permission.
Warranty and Liability
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY LAW: (a) SERVICES AND CONTENT ON THIS SITE ARE PROVIDED ON AN"AS IS" AND"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. (b) WE MAKE NO WARRANTY THAT: (i) THE FUNCTIONS OF AND SERVICES PROVIDED IN THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR- FREE; (ii) DEFECTS WILL BE CORRECTED; OR (iii) THIS SITE OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (c) WE MAKE NO WARRANTY REGARDING THE ACCURACY, VERACITY, INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES MADE AVAILABLE ON OR FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT SUCH CONTENT, SITES OR RESOURCES WILL BE FREE OF MATERIAL THAT IS OFFENSIVE, INDECENT OR OBJECTIONABLE. (d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Indemnity
Under no circumstances may Smabbler or its associated companies be held liable for any direct, indirect, special, consequential or other loss or damage (including, but not limited to, reasonable attorneys' fees, failure to make a gain, interruption to business and loss of programs or other data) caused by the use of, or reliance on the Information located on the Smabbler website or on any other linked site, your violation of these Terms, or your violation of any rights of another, even if we are advised of the possibility of such damages.
Final Provisions
We may change these conditions at any time without notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to made changes to these conditions. The laws of Poland apply to your use of the website and this agreement, and you agree to keep to these laws.
Data protection and Freedoms
The personal information provided to or gathered by Smabbler is controlled by Smabbler sp. z o.o. (Reg. No. 381478404), a European Union (EU) company located at Lipowa 11, Rzeplin 55-020, Poland. The information is processed pursuant to provisions of the Act dated 28 August 1997 on Personal Data Protection (Journal of Laws of 2002, No. 101, item 926, as amended) and Act dated 18 July 20012 on Electronic Services (Journal of Laws of 2002, No. 144, item 1204, as amended), as well as the General Data Protection Regulation (GDPR) (EU) 2016/679. You are entitled to information regarding your data provided to Smabbler, to limit or object to processing of the data, and transfer, make changes to, or remove the data. The data can be modified through the user panel or by contacting us at: support@smabbler.com. You have the right to lodge a complaint to the data supervisory authority if you think that processing your personal data violates the law. You are entitled to file claims concerning issues relating to the functioning of the service. Complaints should be addressed to support@smabbler.com. Claims many not relate in particular to: web browser function, user devices or Internet connection, or other circumstances associated with parties, for whose activities or negligence Smabbler is not responsible.
Partial Invalidity and Non-Waiver
If one or more provisions of these General Terms and Conditions are held to be invalid or are declared as such in application of the law, regulations or following the binding decision of a competent court, the remaining provisions shall retain their full validity and scope. If either party refrains from relying on a breach by the other party of any obligations set out in this Agreement, this shall not be interpreted as a waiver of the obligation in question for the future.
Force majeure
Without prejudice to the payment obligations, neither Party’s liability shall be triggered for failure or delay in performing its obligations arising hereunder if that failure or delay is attributable to a case of force majeure as defined by jurisprudence, as well as by any event outside the reasonable control of Smabbler, such as natural catastrophes, war, acts of terrorism, civil unrest or social movements.
