Terms of Services Provision and Use
WHAT WE DO
SMARTSPORT.COM™ provides a website (“Platform”) through which the Suppliers advertise their Products and Services, which the Users then may book or purchase. At all times, each Supplier is responsible for the accuracy, completeness and correctness of all information the Supplier displays on our Platform. Even though our services are rendered with reasonable care, we cannot guarantee or insure that all of Supplier’s information is complete and/or accurate. Once the User receives a booking confirmation and makes full payment for such booking, the User enters into direct contract with the Supplier from whom they buy the service and/or product. From that time on, our role is of a mediation nature, and as mediator only relay information about User’s booking to the Supplier, send confirmation e-mails, and pay the Supplier after deducting our commission. We do not endorse any particular Supplier and provide our Platform for personal services only. Do not resell or use information from our Platform to compete with us.
All references to the "Company", "us", "our", "we" or "SMARTSPORT" shall mean SMARTSPORT.COM INC, a company incorporated under the laws of the British Virgin Islands under registration number: 1924102 and with corporate headquarters located at: Intershore Chambers, Road Town, Tortola, BVI.
All references to "you", "your" or "user" shall mean the person or persons logging-in or downloading or uploading or otherwise using smartsport.com website (“Platform”), or using services through smartsport.com website.
All references to the website subsume to include the reference to all URLs of smartport.com website.
"Business day" means Monday, Tuesday, Wednesday, Thursday, Friday, GMT +3, except for holidays. It does not include Saturday or Sunday.
"Services" means the online services – the booking of products and services offered on the website or any other function provided for by us through the website or other local means (work phone and others), including without limitation, sale of products and information services of the Company.
"Supplier" shall mean accommodation provider (e.g. tourist base, sports facilities, hotels), provider of hall/premises/other facilities for training, tour supplier, transfer supplier, visa center, tour operator/travel agent, tour guide, organizer of sports and leisure events, and any other suppliers of products and services (available for booking through our website).
OUR PRICING POLICY
We aim to provide the best prices on-line and off-line in our niche of sport travel business. Unless stated otherwise, the quoted price is all-inclusive. Sometime Supplier may charge a cancellation fee or a municipal tax for a no-show; just read their terms closely for any conditions prior to making your booking or reservation. Obvious errors and mistakes including misprints are not binding on either you or us.
HOW WE HANDLE BOOKING AND PAYMENT
The User may book Services or products through our website by creating an account, populated with the required information, and which information we will use to communicate with the User. Bookings are prepaid unless specified otherwise on our website or in an e-mail from us. If the User-supplied information is either incomplete and/or inaccurate, the booking may fail, in turn the User will be notified, and it will be up to the User to make the necessary changes to proceed with the booking.
Sometimes the booking process will require User to make a two-part payment. In such case the User will be notified accordingly, and the User will have to complete a second part-payment before the expiry of the payment deadline. If we do not receive User’s complete payment before the expiry of the payment deadline, then we may cancel the reservation and we will return the User the amount paid after deducting a cancellation fee and after deducting fees and/or penalties, if any, imposed by the Supplier. Note that certain non-refundable rates would carry forfeiture of payment or prepayment.
Further, sometimes Suppliers offer the opportunity for reservations to be paid to them by means of a secure online payment, to the extent offered and supported by your bank. In such cases, for and on behalf of the Supplier we facilitate the use of third party payment processors. However, we are not, and do not operate as, the merchant. Therefore, any payment we facilitate constitutes for / as to you a final settlement regarding payment or part-payment of the booking price, which cannot be reclaimed. You will not hold us liable for any charge the Supplier made relative to a payment or part-payment of the booking price, regardless of whether you paid by wire transfer or credit card.
USE OF PLATFORM
This website is owned and managed by SMARTSPORT.COM INC. You acknowledge that any use of this website and any use of our services shall be carried out in accordance with these Terms.
Each User is charged with the knowledge, and with the diligent reading, of these Terms prior to using our website. Any use of the website by the User means that the User has read and understood and agreed to the Terms and otherwise has assumed responsibility for compliance with the Terms.
When accessing or using our Services, you agree that you shall not commit any unlawful acts and that you shall be solely liable for your actions during the use of our Services. Accordingly, you will not: (a) interfere, disrupt, adversely affect or impede other users to use our Services in full, or may damage, disable, overload or disrupt provision of our Services, operation of the Company as a whole or in any form; (b) use our Services for participation in any illegal activity, including fraud, money laundering and/or terrorist activities; (c) use or attempt to use information that is closed from you or information of other users; (d) try to open access to the Services or some field of our Services that are closed for access; (e) introduce harmful materials, viruses, etc; (f) develop any third-party applications that interact with our services without our prior written consent; (g) provide false, inaccurate or misleading information; (h) encourage or motivate any third party to participate in any prohibited activity in accordance with these Terms.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all intellectual property rights to the website and any content provided in connection with our services shall be deemed the property of the Company or our licensors, suppliers, and are protected by the relevant intellectual property laws. We do not license the content of our Platform; so, do not copy hyperlink, deep-link to, publish, promote, market, integrate, utilize, combine or otherwise use it without our prior express permission.
You accept and acknowledge that the material and content on the Platform is available for personal, legal, non-commercial use only; any other use of the materials from the website is strictly prohibited, and you agree not to violate or encourage others from violating our rights. Accordingly, you may not sell or modify the materials of the website or reproduce, publicly perform, distribute or otherwise use the materials, in any way, for any public or commercial purpose. Use of our materials on any other website or sharing of the files or similar services for any purpose is prohibited.
LIABILITY, LIMITATION ON LOSSES, DISCLAIMER
Suppliers are solely responsible for the completeness and accuracy of the information posted on our website, and you, User, understand that we cannot verify all information they post. If we find out that the Supplier provides on our Platform untruthful information about itself or its Services, or provides distorted, incomplete, deceiving or offensive information, then we shall be entitled to hold such Supplier liable. While we use reasonable care in rendering our services, we do not guarantee or protect you from possible risks, the occurrence of which is beyond the control of our Company, or is dependent on the actions of other persons, as well as actions/omissions that took place, and occurred without the intention of our Company. For example, we cannot protect you from personal injury while at our Supplier’s facilities, or from such risks as failure of hardware, software, and/or internet connection, risk that third parties may gain unauthorized access to information stored on our website. These risks are associated with the transfer of information through the website or through any website to which hyperlinks are provided from our website. In other words, our Company will not be liable for the consequences that may arise from the use of the website that have occurred without the intent of the Company.
Therefore, to the greatest extent the law allows, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the descriptive information including rates, availability and ratings of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any personal injury, death, property damage, or other direct, indirect, special, consequential or punitive damages, losses or costs suffered, incurred or paid by you, whether due to acts, errors, breaches, gross negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly attributable to the Supplier or any of our other business partners including any of their employees, directors, officers, agents, representatives or affiliated companies whose products or service are made available, offered or promoted on or through the Platform, including any partial cancellation, overbooking, strike, force majeure or any other event beyond our control. Our liability is limited by only those actions of ours, which were deliberately and willfully aimed at deceiving you. Note that these Terms do not limit liability which by law cannot be excluded or limited.
While our Company aims to prevent unauthorized actions of third parties, including the use of viruses, phishing or other means of attack on the Platform, there is a chance that such illicit actions may hinder the operation of our Platform. Therefore, you agree and assume all risks associated with such unauthorized actions of third parties, and also acknowledge that the Company will not be liable for such actions, including but not limited to any losses, damages or claims arising from the unauthorized access to your information stored on our website.
We strongly urge you to review the terms and conditions of service of the Supplier(s) with whom you intend to enter into direct contract by virtue of your use of our Platform. It is imperative you do so before you book with us, because once you book with us, you in fact contract with our Supplier at your own risk, and as a result you will be responsible to meet the terms of your contractual obligations with the Supplier. Your relationship with the third parties shall be exclusively between you and such third parties. We do not act as a merchant for any Service made available on the Platform, and we are not liable or responsible for the remittance, collection, withholding or payment of any otherwise applicable taxes due on the (room/reservation) price to the relevant tax authorities. You agree to look to the Supplier for collection of such taxes.
In turn, to the extent practicable and possible, we will endeavor to enable Users of our website to personally assess the quality of the Suppliers' services by allowing Users to post their reviews on our website. If you or other User uploads photos/images onto our Platform, then you represent to us that you own the copyright to the photos/images and that you agree that we may use the uploaded photos/images on our Platform, and in various promotional materials and publications. In other words, you would be granting us a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as we see fit. We do not own or endorse the photos/images that Users or Suppliers upload and disclaim all responsibility and liability for the pictures posted. Just like with any other content, we can remove any photo/image that does not meet these Terms at any time and without prior notice.
We may be reached by e-mail: firstname.lastname@example.org, email@example.com,
or by phone: +49 157 359 952 25, +7 499 404 26 08.
For correspondence by registered mail or by courier:
Road Town, Tortola, BVI
For technical support requests, send a request using our support tool to e-mail: firstname.lastname@example.org
Any message sent to us shall be deemed received during our Business day.
This is how we define force majeure: force majeure shall mean any extraordinary external events (regarding your relationship with the Company) arising without the fault of the parties to such a relationship, beyond or against their will or desire, which cannot be foreseen and averted (avoided) with due care and diligence, including (but not limited to) natural phenomena (earthquakes, floods, hurricanes, destruction due to lightning, etc.), calamities of biological, man-made and anthropogenic origin (explosions, fire, failure of machinery and equipment, mass epidemics, epizootics, epiphytotics, etc.), circumstances that endanger public life (war, military actions, blockades, social unrest, manifestations of terrorism, mass strikes and lockouts, boycotts, etc.), as well as publication of prohibitive or restrictive regulations of public authorities or local self-government, other legal or illegal prohibitive or restrictive measures of the said authorities that make it impossible to perform these Terms.
When force majeure circumstances are present, then neither you nor the Company can be faulted for failure to comply with these Terms. However, performance of these Terms is suspended only for the duration of the force major, but in any case not more than three months.
These Terms shall represent the entire agreement between you and the Company in relation to the provisions of these Terms and these provisions shall cancel and replace any prior agreements, if any, between you and the Company. Your obligations under the Terms are non-delegable.
These Terms shall be interpreted and implemented in accordance with the English law through arbitration; the remedies sought in any court of law shall be solely limited to the enforcement of an arbitration award, and if needed, proceedings supplementary to execution. Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the BVI International Arbitration Centre (BVIIAC) under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted, as modified by the IAC Procedures for the Administration of Arbitration under the UNCITRAL Arbitration Rules. The law of this arbitration clause shall be English law. The place of arbitration shall be Road Town, Tortola, BVI. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
If any provision of these Terms is held to be unenforceable, such provision shall be considered to be distinct and severable from the other provisions, and such unenforceability shall not affect the validity and enforceability of the remaining provisions. Similarly, if any provision of these Terms is held to be unenforceable as written but may be made enforceable by limitation, then such provision shall be enforceable to the maximum extent permitted by applicable law. The language of all parts of these Terms shall in all cases be construed as a whole, according to its fair meaning.
By using our Platform, you represent to us that you: (a) have reached the age of legal capacity; (b) have not been previously banned from using our website or Platform. If you use our Platform on behalf of a legal entity, you represent and warrant that: (a) the legal entity has been duly registered and is operating in accordance with the legislation of the jurisdiction of its organization, and that the legal entity authorized you to book Services on our Platform.
We may modify these Terms at any time at our sole discretion. Once we alter the Terms, you will be bound by them on the date of their publication on our website. If you provided us with an email address, we undertake to notify you by e-mail of any change relating to the Terms.