Welcome to smartest-network.com.com These are the terms and conditions governing your access to and use of the website smartest-network.com.com and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with smartest-network.com.com ("we", "us" or " smartest-network.com.com ") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
- Eligibility for Membership
smartest-network.com wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of Smartest-network.com under this User Agreement or at law, Smartest-network.com reserves the right to limit or withdraw access to the Site or the membership of any person if smartest-network.com.com believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by smartest-network.com.com. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
- Your Account and Registration Obligations
When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.
On becoming a member of the Site, you agree:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify smartest-network.com.com of any unauthorized use of your password or account or any other breach of security. In no event will smartest-network.com.com be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse whatsoever for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access.
- You will provide true, accurate, current and complete information about yourself as prompted by smartest-network.com’s registration form the ("Registration Data").
- You will not include:
(i) any of your contact details, including but not limited to email addresses, telephone numbers or other personal details; or (ii) the word " smartest-network.com " in your registration user ID.
- Your store name shall not include the word " smartest-network.com ".
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if smartest-network.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of smartest-network.com under this User Agreement or at law, smartest-network.com has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
smartest-network.com may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to smartest-network.com upon such requests. You acknowledge and agree that if you do not, smartest-network.com without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
- Electronic Communications
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. smartest-network.com requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
- Amendments to this User Agreement
You acknowledge and agree that smartest-network.com.com shall endeavor to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that Smartest-network.com at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
- Your Information
- Use of the Site
While using the Site, you will not:
- post Information or content or list items in an inappropriate category or areas on our Site “TESTIMONIALS”;
- post items you do not have a right to link to or include;
- post items that are concurrently listed for sale on a website other than the Site;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;
- post counterfeit or stolen items;
- post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Islamic Shariah law, rules, morals, values, ethics and traditions;
- post Information or content or list items which may (in our sole discretion) threaten national security;
- post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
- use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;
- use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
- claim an item was not sold when in Smartest-network.com's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;
- in case of purchase of/placing a successful bid for an artwork which is marked as "non-exportable" on the Site you agree that the artwork shall not be exported out of the United Arab Emirates or otherwise dealt in any such manner which shall be in contravention of any applicable laws and regulations for the time being in force;
- manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, the billing process, or fees owed to Smartest-network.com;
- take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to Smartest-network.com);
- transfer your Site account (including feedback) and username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user's account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies;
- abuse Smartest-network.com's service, terms and conditions posted on the Site from time to time;
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either Smartest-network.com, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of Smartest-network.com and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"Smartest-network.com" and related logos, and other are either unregistered trademarks or registered trademarks of Smartest-network.com and are protected by international trademark and other intellectual property rights and laws. Smartest-network.com's trademarks may not be used in connection with any product or service that is not Smartest-network.com's nor in any manner that disparages or discredits Smartest-network.com. All other trademarks not owned by Smartest-network.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smartest-network.com.
- Abusing Smartest-network.com
Please report problems of any kind or violations of this User Agreement to Smartest-network.com. If you believe that your intellectual property rights have been violated, please notify Smartest-network.com. Without prejudice to any other rights and remedies of Smartest-network.com under this User Agreement or at law, Smartest-network.com may limit, suspend or withdraw a user's access to the Site and/or a user's membership of the Site or remove hosted content. Also Smartest-network.com can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
- Buyer Protection
Smartest-network.com has a "Buyer Protection System" which seeks to assist buyers to ensure their purchase is protected against fraud by any sellers on the Site. If a buyer has purchased an item by way of any of the Smartest-network.com processes and never received it or received an item worth significantly less in value compared to what was described in smartest-network.com, the buyer may seek protection under the Buyer Protection System. The Buyer Protection System involves reimbursement by Smartest-network.com to the buyer of the value of the item only. To be eligible under the Buyer Protection System a buyer needs to file a complaint with Smartest-network.com within 48 hours of receiving (or not receiving) the relevant item. Smartest-network.com will investigate the matter and if it has been determined (by Smartest-network.com in its sole discretion) Smartest-network.com will reimbursed the buyer 100% ( *Only if returned approved )
- In case the submitted return request by customer is not approved by Smartest-network.com and the customer rejected to receive back the unit, Smartest-network.com has the right after 10 days from customer’s rejection date to dispose the item.
- Return item due to Buyer's fault is not accepted.
- Breach of User Agreement
Without prejudice to any other rights and remedies of Smartest-network.com under this User Agreement or at law or otherwise, Smartest-network.com may immediately and without liability: limit your activity, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If Smartest-network.com is unable to verify or authenticate any information you provide; or
- If Smartest-network.com believes (in its sole discretion) that your actions may cause legal liability for you, other users or Smartest-network.com.
Smartest-network.com may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with Smartest-network.com or use the Site in any manner whatsoever until such time that such user is reinstated by Smartest-network.com. Notwithstanding the foregoing, if you breach this User Agreement Smartest-network.com reserves the right to recover any amounts due and owing by you to Smartest-network.com or any losses and damages caused by you to Smartest-network.com and to take such steps including legal action and/or the initiation of criminal proceedings against you as Smartest-network.com in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of Smartest-network.com's right to take any actions with respect to that, or subsequent or similar breaches. Smartest-network.com does not guarantee that it will take action against all breaches that there may be of this User Agreement.
- Withdrawal of Access and/or Membership
Without prejudice to any other rights and remedies of Smartest-network.com under this User Agreement or at law or otherwise, Smartest-network.com may limit, suspend or withdraw your membership and / or your access to the Site at any time, without notice, for any reason, including without limitation, breach of this User Agreement.
You agree to indemnify and hold Smartest-network.com harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
- Relationship and Notice
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Smartest-network.com and you shall have no authority to bind Smartest-network.com in any manner whatsoever.
Except as explicitly stated otherwise, any notices to Smartest-network.com from you shall be given by you by email to Smartest-network.com at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by Smartest-network.com by return email. Any notices to you from Smartest-network.com shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent. Alternatively, we may give you notice by mail or prepaid shipping to the address provided to us during the registration process. In such case, notice shall be deemed given 7 days after the date of mailing.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and Smartest-network.com with respect to the subject matter hereof.
No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than Arabic, whether on the Site or otherwise, the Arabic text shall prevail.
- Governing Law
This User Agreement is governed by Saudi Arabia Ministry of Commerce and Investment.
- Warranty legal terms and conditions
The warranty is valid only on the presence of serial no. of the product. Smartest-network.com reserves the right to refuse warranty if this information has been removed or changed after the original purchase of the product from the dealer. Obligations are limited to repair of the defect or replacement the defective part or at its discretion replacement or refund according to market price of the product itself. Warranty repairs must be carried out by a Smartest-network.com Authorized Service Centre. Warranty cover will be void, even if a repair has been attempted by any unauthorized service center. Smartest-network.com shall not be liable for reimbursements, claims and damages that may result from the unauthorized repair of the product. Repair or replacement under the terms of this warranty does not provide right to extension or renewal of the warranty period. Repair or direct replacement of the product under the terms of this warranty may be full filled with functionally equivalent service exchange units. The warranty is not applicable to cases other than defects in material, design and workmanship.
- The warranty does not cover the following:
- Periodic checks, maintenance, repair and replacement of parts due to normal wear and tear, replacement of consumables such as batteries, light bulbs, fuses, antennas, headphones, microphones, cables and recording heads.
- Abuse or misuse, including but not solely limited to the failure to use this product for its normal purposes or in accordance with smartest-network.com's instructions on usage and maintenance. Defects resulting from usage of the product in conjunction with accessories that are not approved by smartest-network.com for use with this product.
- Failure of the product arising from incorrect installation or use not consistent with the instructions and technical or safety standards prescribed in the product user manual. Accidents, Acts of God, lightning, water, fire, public disturbances, improper ventilation, voltage fluctuations or any cause beyond the control of smartest-network.com.
- Unauthorized modifications carried out to the product in order to comply with local or international technical standards in countries for which this smartest-network.com product was not originally designed.
- Damage of the battery caused by overcharging or failure to use in accordance with the specific instructions of core outlined in the product user manual. The serial no. on the product has been altered, deleted, removed or made illegible.
- The batteries are charged by chargers other than those approved by Manufacturer. Any of the seals on the battery enclosure or cells are broken or show evidence of tampering.
- This warranty is not transferable. This warranty will be the purchaser’s sole and exclusive remedy and neither smartest-network.com nor its service centers listed in this warranty document shall be liable for any incidental or consequential damages or breach of any express or implied warranty of this product. DISCLAIMER: Smartest-network.com shall not be liable for the loss of any saved/stored data in products that are either repaired or replaced.