The document set forth below is a public offer and a public contract.
The terms and conditions of the public offer and the public contract are the same for all Customers/Users.
Registration on the website www.smarton.biz constitutes acceptance of this offer, which is equivalent to the entry into an agreement under the terms and conditions set forth below, as well as the provisions of the Privacy Policy.
The Privacy Policy regulates, in particular, the peculiarities of processing personal data of Customers/Users by the Contractor/Licensee.
You can read the provisions of the Contractor/Licensor's Privacy Policy at /en/privacy-policy The Privacy Policy is an integral part of this public offer.
The public offer for the provision of access to the Service/transfer of non-exclusive property rights is addressed to all individuals and legal entities wishing to use the service/acquire non-exclusive property rights to reproduce intellectual property contained on the Website/Service for entertainment purposes only and having such technical capability.
SMARTON-FZCO (registration number DSO-FZCO-22732) (hereinafter referred to as the "Contractor/Licensor"), on the one hand, hereby offers (the public offer) to an individual and/or legal entity (hereinafter referred to as the "Customer/User"), hereinafter collectively referred as the "Parties" or individually as the "Party", to enter into a public contract for the provision of access to the Service/acquisition of non-exclusive property rights to reproduce intellectual property contained on the Website/Service for entertainment purposes only (hereinafter referred to as the "Contract") under the following terms and conditions:
1. TERMS AND DEFINITIONS
1.1. Account (Profile) shall mean an account with a set of information about the Customer/User provided by them.
1.2. Acceptance shall mean the full and unconditional consent of the Customer/User to enter into the Contract under the terms and conditions specified in the Contract by registering the Customer/User on the Website and/or by making a prepayment (advance payment) by the Customer/User in the amount defined in accordance with the Tariff Plan.
1.3. Free Services (Public Tariff) shall mean the provision of a limited access by the Contractor/Licensor to the Customer/User, which consists in the possibility to perform no more than 5 (five) tasks on the Website by one Customer/User free of charge. The scope of such access shall be determined by the Contractor/Licensor at its sole discretion and may be changed without the consent of the Customer/User.
1.4. Service Fee (Tariff) shall mean a payment set by the Contractor/Licensor for the provision of a certain scope of services to the Customer/User related to granting access to the SMARTon Service.
1.5. The Contractor/Licensor shall mean SMARTON-FZCO (registration number DSO-FZCO-22732), a legal entity registered under the laws of the United Arab Emirates.
1.6. The Customer/User shall mean an individual and/or legal entity that has agreed to the terms and conditions of the public offer and the Privacy Policy of the Contractor/Licensor, and has registered in the manner prescribed on the Website www.smarton.biz, and to which the Contractor/Licensor provides services/transfers rights in accordance with the terms and conditions of this Contract.
The Customer/User shall mean a personal data subject who, having registered on the Service, agrees to the processing of their personal data in the personal data base of the Contractor/Licensor, and also agrees to receive regular emails and other notifications from the Service.
1.7. Consent of the Personal Data Subject shall mean any free act and deed of an individual to grant permission to process their personal data in accordance with the stated purpose of their processing. Registration on the SMARTon Service implies that the personal data subject shall consent to personal data processing.
1.8. Customer/User Account (Personal) shall mean a section of the Website to which the Customer/User has access and containing information on access to the Service, payments, etc.
1.9. Privacy Policy shall mean provisions on the use of personal data that constitute an integral part of the offer.
1.10. Scope of Services shall mean the capabilities, functionality and content that are available to the Customer/User under the terms and conditions of a particular Tariff Plan and determining the scope of the Customer's/User's rights to use the Service.
1.11. Personal Data shall mean information or a set of information about an individual who is identified or can be specifically identified.
1.12. Paid Services (Parametric Tariff) shall mean the provision of services to the Customer/User by the Contractor/Licensee for a fee, in monetary terms, in the scope provided for by this Contract, which the Customer/User chooses independently.
1.13. Website shall mean a set of web pages for the relevant content available on the Internet at www.smarton.biz.
1.14. The Service shall mean the provision of access to the SMARTon Service by the Contractor/Licensee to the Customer/User on a paid or free-of-charge basis (subject to paragraph 1.3. hereof) after the Customer/User has registered in accordance with the procedure established by the Contract.
1.15. Public Offer (Contract) shall mean an offer of the Contractor/Licensor addressed to any individual and/or legal entity to enter into a public contract with them for the provision of access to the SMARTon Service by accepting the terms and conditions of this public offer by the Customer/User or a license agreement on the transfer of non-exclusive rights to use the SMARTon Service from the Contractor/Licensor to the Customer/User by accepting this offer.
1.16. The SMARTon Service shall mean an online entertainment platform available on the Website at www.smarton.biz, which provides access to the materials of the Website after successful registration.
1.17. Personal Data Subject shall mean an individual in respect of whom personal data is processed.
1.18. Tariff Plan shall mean a policy of the Contractor/Licensor defining the terms and conditions that indicate the scope of services available to the Customer/User for a certain period of time (1 month, 6 months, 1 year or 5 years), as well as the amount of payment that the Customer/User shall make to gain access to a certain amount of content.
2. GENERAL PROVISIONS
2.1. On the basis of and under the terms and conditions set forth in this Contract, the Contractor/Licensor shall provide the Customer/User with the access to the SMARTon Service, and the Customer/User shall accept the access to the SMARTon Service only after the Customer/User has registered on the Website at www.smarton.biz and created an account.
Further, the Contractor/Licensor may grant non-exclusive property rights to the Customer/User to use the Service or parts thereof on the terms and conditions set forth in the Contract only after the Customer/User has registered on the Website at www.smarton.biz and created an account.
"Rights" shall mean the right to reproduce intellectual property contained on the Website/Service for entertainment purposes only.
The territory of the non-exclusive property rights to use the Service/Website content shall be the territory of the whole world.
The validity period of non-exclusive property rights depends on the validity period of the paid period in accordance with the Tariff Plan.
2.2. The service shall be provided on a paid or free-of-charge basis (subject to paragraph 1.3. hereof) at the option of the Customer/User by providing access to the SMARTon Service.
2.3. All amendments and supplements hereto shall be published on the Contractor’s/Licensor's Website at www.smarton.biz.
2.4. All terms and conditions of the Contract shall be binding on both the Customer/User and the Contractor/Licensor. Before starting to use the Service, the Customer/User shall read and understand the terms and conditions of this Contract. If the Customer/User does not agree to the terms and conditions of the Contract, they may not use the services/use the intellectual property contained on the Website/Service within the scope of the Contract.
2.5. If the Customer/User does not agree with the changes introduced by the Contractor/Licensor hereto or with the new tariffs, the Customer/User shall immediately stop using the Service.
3. PROVISION OF SERVICES
3.1. The Customer/User shall independently register in the Service on the Website at www.smarton.biz.
To register on the Website, the Customer/User shall provide their e-mail address.
Additionally, the following shall also be indicated: surname and first name; country and city of residence; or (b) shall log in via Google.
The Contractor/Licensor may register the Customer/User on the Website and create a profile independently after obtaining consent to register on the Website and create a profile. Such consent may be granted in electronic form.
3.2. The use of paid access is possible after registration by the Customer/User and selection of paid services for the period chosen in accordance with the terms and conditions hereof.
3.3. If the payment is not made or extended after the payment period, access shall be granted as part of the public access.
3.4. The Customer/User may pay for access to the Service in advance.
3.5. The Contractor/Licensor hereby reserves the right to change the terms and conditions of the Tariff Plans at its sole discretion and at any time. At the same time, the Customer/User may at any time replace their Tariff Plan with another one offered by the Contractor/Licensor from time to time. Any changes to the Tariff Plans shall not apply to periods that have been paid for by the Customer/User, but shall take effect after the expiration of the paid period of use of the Service.
3.6. The terms and conditions of the Tariff plans with the terms and conditions for the provision of services shall constitute an integral part of the Contract and shall be binding on all Customers/Users.
3.7. By providing the information specified in paragraph 3.1. of the Contract, the Customer/User shall grant the Contractor/Licensee unconditional consent to the processing and use of personal data, including those of minors, for the purposes specified in the Privacy Policy. By granting consent to the processing and use of personal data of a minor, their representative acknowledges and agrees that the representative have read the Privacy Policy and the provisions of the Contract.
3.8. By registering on the Website, a person acknowledges that they are a legally capable individual acting on their own behalf or on behalf of a legal entity. The person also acknowledges that all information provided during registration is true, accurate and relevant.
3.9. After successful registration, the Customer/User receives a login and password to the email address provided by them. The Customer's/User's login and password are the forms of identification required to gain access to the SMARTon Service and the Personal Account.
3.10. The Contractor/Licensor may prohibit the Customer/User from using the Account and block access to the Website and Personal Account in case of violation of the terms and conditions of the Contract.
3.11. The Customer's/User's login and password are confidential information that shall not be disclosed or otherwise transferred to third parties by both the Contractor/Licensor and Customer/User.
3.12. The Customer/User shall be fully responsible for the safety of their login and password in secret, including for preventing third parties from accessing them.
3.13. All actions on the Website performed via the Profile using the login and password of the Customer/User shall be deemed to be performed by the Customer/User.
3.14. In case of password loss, the Customer/User can go through the password recovery procedure. The Contractor/Licensor shall provide automated password recovery tools. The Contractor/Licensor hereby reserves the right to restrict the use of these tools, as well as to temporarily or completely suspend their availability. The Contractor/Licensor shall not be held liable for the loss of information for access to the SMARTon Service and the Website due to the fault of the Customer/User, as well as for any consequences that may arise as a result.
3.15. The Contractor/Licensee may delete the Profile only upon request of the Customer/User by sending a corresponding request to smarton.international@gmail.com.
4. SERVICE USAGE RULES
4.1. The Contractor/Licensor shall not in any way guarantee that access to the Website will be provided continuously, quickly, reliably, and/or without any errors.
4.2. When using the SMARTon Service and the Website, the Customer/User may not without the prior written consent of the Contractor/Licensor:
- copy and/or distribute any information obtained from the SMARTon Website and the Service;
- use the SMARTon Service, as well as the information obtained from the Website and the Service, for business activities, profit or for use in a manner contrary to the law;
- copy or otherwise use the software component of the Website, as well as its design;
- post on the Website any personal data of third parties without their consent, including home addresses, phone numbers, passport data, e-mail addresses;
- post commercial advertising, commercial offers, promotional information and any other information on the Website;
- change the software component of the Website in any way, take actions aimed at changing the functionality and availability of the Website;
- insult and otherwise violate the rights and freedoms of other users of the Website, third parties, and groups of persons.
4.3. The Contractor/Licensor may take all reasonable measures aimed at preventing and terminating violations of the Contract by the Customer/User.
4.4. All actions performed by a minor on the Website are a priori performed by them with the consent of their legal representative.
4.5. The Customer/User hereby agrees to receive notifications sent by the Contractor/Licensor to the e-mail specified by the Customer/User when registering on the Website and containing the following information:
- an acknowledgment of the fact that the Customer/User has used the SMARTon Service (for example, an acknowledgment of registration on the Website, an acknowledgment of the User's consent to the processing of personal data, etc.;)
- providing the Customer/User with information relevant to the effective use of the Service and the Website;
- information, news and marketing messages regarding the activities of the Contractor/Licensor.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Contractor/Licensor shall:
5.1.1. Provide the Customer/User with services in accordance with the paid scope of services.
5.1.2. Keep the Customer's/User's personal data received during the registration of the Account and/or use of the Service confidential.
5.1.3. Provide Acceptance and Delivery Certificates in electronic form using an electronic digital signature upon the request of the Customer/User.
5.2. The Contractor/Licensor may:
5.2.1. Terminate the provision of paid services from the moment the term of their provision expires.
5.2.2. Change the procedure for providing services and their cost without renegotiating the Contract by publishing changes on the Website at www.smarton.biz.
5.2.3. Disclose any information upon the request of authorized government agencies, as well as to ensure the normal functioning of the SMARTon Service or to protect the Contractor/Licensor and the Customer(s)/User(s), unless prohibited by the applicable constitutional rights of citizens.
5.3. The Customer/User shall:
5.3.1. Timely pay for the Contractor’s/Licensor's services in the amount, in the manner and under terms and conditions stipulated hereby when using paid services.
5.3.2. Comply with the terms and conditions of the Contract.
5.3.3. Not resell or provide the deliverables of services hereunder to third parties.
5.3.4. Read and understand the Contract, the terms and conditions of the chosen services, and comply with and meet requirements thereof.
5.3.5. Keep all network details (logins, passwords) secret.
5.3.6. The Customer/User shall not collect, copy and process personal data of other persons, as well as any other information posted on the Service, including by parsing, i.e., collecting, analyzing, processing, and storing information posted on the web pages of the Service by using parsers ("spiders") and their analogues.
5.4. The Customer/User may:
5.4.1. Receive information about services and tariffs.
5.4.2. Use the Service within the functionality available under the selected Tariff Plan in accordance with this Contract.
5.4.3. Contact the Contractor/Licensor with a request to receive the Acceptance and Delivery Certificate in electronic form using an electronic digital signature.
5.4.4. Contact the technical support service using the appropriate functionality of the Service or by sending a message to the Contractor’s/Licensor's e-mail address indicated on the Website, namely, smarton.international@gmail.com in case of any questions, complaints or suggestions regarding the use of the Service or the need to obtain other information within the competence of the Contractor/Licensor.
6. COST OF SERVICES AND PAYMENT
6.1. The cost of the Services hereunder shall be determined in accordance with the current Tariff Plans published on the Website at www.smarton.biz.
Prices are indicated in US dollars ($), which are converted at the rate of the International Payment System (Visa or MasterCard), in the currency of the country of the Customer's/User's place of registration (regardless of the selected language version of the Site)..
6.2. The Services shall be paid by the Customer/User by wire transfer to the current account of the Contractor/Licensor.
6.3. The Services shall be provided if paid in full (100%) upon receipt of payment to the current account of the Contractor/Licensor.
The date of commencement of the Services by the Contractor/Licensee shall be the date of receipt of funds to the current account of the Contractor/Licensee.
6.4. The Customer/User shall be solely responsible for the correctness of payments made by them.
6.5. The Contractor/Licensor may offer the Customer/User to automatically renew the subscription selected by them in the "Tariff Plan" section of the Website. In turn, the Customer/User may refuse such automatic renewal by unchecking the box next to the consent to automatic renewal in the "Tariff Plan" section of the Website.
The Customer/User hereby acknowledges that unless they refuse to automatically renew the subscription by unchecking this box, the Contractor/Licensor may automatically and without prior notice renew the subscription plan selected by the Customer/User and charge the Customer/User the corresponding cost of services/granting the rights to use the SMARTon Service in accordance with the payment details provided by the Customer/User on the Website.
6.6. The presence of a "tick" opposite the consent to automatic renewal when paying for the relevant subscription plan shall confirm the unconditional consent of the Customer/User to the automatic renewal of the subscription and automatic charging by the Contractor/Licensor on a regular basis.
The Customer/User may withdraw their consent at any time, thereby canceling the automatic renewal of the subscription and automatic charging.
6.7. The Contractor/Licensor shall not control the hardware and software suite of payment systems of providers and shall not be liable for any errors in such hardware and software suite. If such errors result in debiting the Customer's/User's funds, but the payment is not authorized by the provider, the electronic payment system provider shall be held liable for refunding the Customer/User.
6.8. The Contractor/Licensor shall terminate the Customer's/User's access to the Website, the SMARTon Service and the Personal Account without prior notice at the time of expiration of the granted rights to use the Service in accordance with the tariff selected by the Customer/User.
No additional notice of termination of access to the Website, the Service and the Personal Account shall be sent.
6.9. If the Customer/User does not use the Service during the validity period of the respective rights or use it on a non-continuous basis (regardless of the reasons), the amount of the Contractor’s/Licensor's fee shall not be recalculated and the Customer/User shall not be refunded.
7. SERVICE INFORMATION
7.1. The Service may contain educational and methodological materials, publications, articles, drawings and other information materials of journalistic, analytical, scientific, entertainment and other nature. The authors of these materials may be either the Contractor/Licensor or other persons. The Contractor/Licensor shall in no way be held liable for the consequences of using them.
7.2. Data obtained from third-party resources is open data obtained from official sources, Google search engines, resources of other third parties that have the right to collect, process and transmit data.
7.3. The relevance and correctness of the data in the Service depends on the correctness of such data on the third-party resources. The Contractor/Licensor shall not be held liable for the content of such data, as well as for the consequences of using it.
7.4. The Service may contain links to third-party websites, web pages, and applications. The Customer/User shall be solely liable for reading and understanding the terms and conditions of use of the respective websites and acknowledges that they use such websites at their own risk and shall be fully liable for the relevant actions associated thereto.
8. COMPREHENSIVE SERVICE
8.1. The Contractor/Licensor shall provide the Customer/User with the Comprehensive Service from the moment of the Customer/User's Acceptance.
8.2. The Contractor/Licensor shall provide the User with the Comprehensive Service only if the Contractor/Licensor has the appropriate capability.
8.3. The Comprehensive Service shall include:
- granting the Customer/User the rights to use the SMARTon Service and personal support for the Customer/User;
- providing the Customer/User with access to video lessons and homework assignments via the Personal Account.
8.4. The Contractor/Licensor shall provide the Comprehensive Service subject to the Customer/User's prepayment.
8.5. If the Contractor/Licensor provides the Comprehensive Service without prepayment of its cost, the Customer/User shall transfer the required amount of funds as due payment within 3 (three) days from the date of commencement of the Comprehensive Service as determined by the Tariff Plan.
8.6. The cost of the Comprehensive Service may be changed from time to time with prior notice to the Customer/User, which shall be provided at least 5 days in advance by posting the relevant information on the Website or sending a corresponding notice to the Customer/User's e-mail. This change shall not apply to the price calculated for Customers/Users who have paid in full at the previous price.
8.7. The funds paid by the Customer/User for the use of the Comprehensive Service shall be refunded by agreement of the Parties. The method and terms of the refund shall be additionally agreed upon between the Contractor/Licensee and the Customer/User by e-mail.
8.8. For a refund, subject to paragraph 8.7. of the Contract, the Customer/User shall send a refund request to the email address smarton.international@gmail.com.
The Customer/User shall bear the costs associated with the refund on their own.
9. LIABILITY OF THE PARTIES
9.1. The Contractor/Licensor shall not be liable for the completeness and accuracy of any information.
9.2. The Contractor/Licensor shall not be liable for the consequences of using the content of the Website.
9.3. The Contractor/Licensor shall not be liable for any damages (direct, indirect and incidental), including lost profits, caused by a malfunction of the Service or arising from its use or unavailability.
9.4. The Contractor/Licensor shall not be liable for any actions or failure to act of a person and their consequences related to the use of information obtained from the Service.
9.5. The Customer/User shall not violate or attempt to violate the provisions of this Contract. If the Contractor/Licensor, at its sole discretion, identifies that the Customer/User has violated or attempted to violate the Contract, the Customer/User's access to the Service may be terminated. The Contractor/Licensor may restrict the Customer's/User's access to the Service, block or delete the Account due to the violation of Contract, without any notice.
10. DISPUTE SETTLEMENT PROCEDURE
10.1. The Parties shall endeavor to resolve all disputes that may arise out of or in connection with the Contract, including any issues related to its fulfillment, entry into, validity or termination, through negotiations.
10.3. The Customer/User agrees that for the purposes of resolving disputes between the Parties, an effective and binding means of communication is correspondence with the Contractor/Licensor by e-mail and/or telephone.
10.4. If the Parties fail to reach an agreement on a dispute within thirty (30) calendar days, the dispute shall be referred to the competent court.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All components of the Service and the Website as a whole are owned by the Contractor/Licensee and are protected according to the standards of intellectual property right protection.
11.2. The use of any materials or elements of the Service and the Website for commercial purposes without the written permission of the Contractor/Licensor shall be strictly prohibited.
11.3. No rights to any content, including audiovisual works, images, educational and methodological materials, trademarks, and other intellectual property, shall be transferred to the Customer/User as a result of using the SMARTon Website and Service.
12. FINAL PROVISIONS
12.1. The Parties have agreed to use an electronic digital signature (EDS) in the document exchange, including in the primary documentation, when fulfilling the Contract.
12.2. The Customer/User may terminate this Contract unilaterally at any time by deleting their Account. To delete the Account, the Customer/User shall send a letter with a corresponding request to the Contractor’s/Licensor's e-mail address smarton.international@gmail.com.
12.3. The Contractor/Licensor may terminate this Contract unilaterally at any time.
12.4. The Contractor/Licensor may amend or supplement the Contract at any time without any special notice by posting a new version of the Contract in the relevant section of the Website.
The new version of the Contract shall enter into force upon posting on the Website, unless otherwise provided for by the new version of the Contract. The Customer/User shall periodically review the current Contract. If the Customer/User continues to use the Service after 2 (two) calendar days after the changes have been introduced, it shall mean that the Customer/User fully and unconditionally agrees to such changes.
12.5. All inquiries regarding the use of the Service, including those provided for in this Contract, shall be sent to the following address: smarton.international@gmail.com.
12.6. Should a court hold that any provision of the Contract is invalid or unenforceable, all other provisions shall remain valid.
12.7. The Customer/User hereby informs that the fact of obtaining the rights to use the Service and/or granting access to the SMARTon Service shall not guarantee the development of intellectual abilities, acquisition of any skills, etc. that directly depend on the personal characteristics of the Customer/User.
12.8. The content of the Website and SMARTon Service, including the number and complexity of assignments, criteria for correct answers and other features of the Service shall be determined by the Contractor/Licensor independently.
12.9. The Contractor/Licensor may change the structure, composition and content of any materials of the Service and materials posted on the Website without additional notice to the Customer/User.
12.10. Proper notification of the Customer/User shall be made by the Contractor/Licensor on the Website at www.smarton.biz.
12.11. The agreements reached between the Contractor/Licensor and the Customer/User by means of e-mail shall be deemed as agreements made in writing.
12.12. Should you have any questions related to the Service and the operation of the Website, please send a request to smarton.international@gmail.com.
13. DETAILS OF THE CONTRACTOR/LICENSOR
SMARTON-FZCO
Reg.num. DSO-FZCO-22732
Address: Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates
