- OUR SERVICE
1.1 Our website and Service provided to you through our website are provided on an AS IS basis. You agree that Smofonse.com exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. Smofonse shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. Smofonse also reserves the right to control the amount of sales to the service at its sole discretion.
1.3 If any modification of the Service is unacceptable to you, your only recourse is to cancel your subscription. Your continued use of the Service following our posting of a change to the conditions or the website will constitute a binding acceptance of that change.
- YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Statement. (link to statement)
- SERVICE ACCOUNT AND PASSWORD
4.1 The Service is supplied to you via a Service Account in consideration of the payment of the price defined in Clause 5.1.
4.4 You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your password, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your Service Account or password.
4.5 When using a public computer, you must sign out when you have finished using our website.
4.6 You may only open one Service Account and you agree that the operation of your Service Account is exclusive to you. Furthermore you agree that only you will receive the Services via your Service Account. NOTE: This includes Recruiting agencies. If your company uses our service to hire a worker for a DIFFERENT company….i.e., a client of your agency, that is considered a breach of our terms. You may only hire for your OWN company, not for that of a client, or any other 3rd party.
4.7 By allowing others to use your Service Account and/or password you will be in breach of these terms and conditions and Smofonse will be entitled to terminate this Agreement in accordance with Clause 10.
4.8 Delivery times of your account should be within 10 minutes of ordering. However, this delivery time is an estimate and may vary due to exceptional or unforeseen circumstances.
4.9 In the unlikely event that you have not received access to your account within 30 minutes from acceptance of your order, or if you have any complaints, please contact us via support@Smofonse.com or by regular mail to PO Box 1721, Karratha, Western Australia. 6714
- PRICES AND PAYMENT
5.1 Prices charged are as shown on the website at the time and date of your purchase. We may change the price of the Service before you place an order for a subscription. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if a Service’s price is higher than stated in your order and you may cancel the order.
5.2 Prices are shown in US Dollars on the website.
5.3 All the prices shown are inclusive of any taxes.
5.4 Before your order can be accepted we must receive payment in full. Payment shall only be deemed to have occurred once we are in receipt of cleared funds.
5.5 When ordering via the website, you must pay by credit or debit card at the time of the order. We accept Visa, MasterCard, American Express, and Discover.
5.6 We do not accept payment by mail or fax.
5.7 You confirm that all details provided by you to us for the purpose of purchasing the Service will be correct. We reserve the right to obtain validation of your credit or debit card details before providing the Service to you.
5.8 We may refuse any order placed by you.
You expressly acknowledge that all Services are non-refundable. However, in accordance with our 100% satisfaction guarantee, we will honor refunds for customers that have a legitimate grievance against the site. Only the most recent subscription payment will be refunded (i.e., the last payment made to Smofonse.com will be the only payment refunded), and no payment older than 31 days will be refunded. One refund per customer.
- LICENSE GRANT & RESTRICTIONS
7.2 You may not access the Service if you are a direct competitor of Smofonse. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
7.3 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet “links” to the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features or graphics of the Service.
7.4 You are only permitted to use the Service personally and agree to do so without the use of any automated means including but not limited to the use of robotic tools except where permission has been expressly granted by Smofonse.
7.5 You shall not: (i) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
- INTELLECTUAL PROPERTY OWNERSHIP
- INTELLECTUAL PROPERTY OWNERSHIP
Goods and services of third-parties may be advertised and/or made available on or through this website. During the use of the website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of such third-parties. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Smofonse does not endorse any sites on the Internet that are linked through the Service. Smofonse provides these links to you only as a matter of convenience, and in no event shall Smofonse be responsible for any content, products, or other materials on or available from such sites.
10.1 You may cancel your subscription for any Service you have purchased from us, for any reason (including if you simply change your mind) by cancelling your subscription. You can simply login to your Paypal/Stripe account, then find the “subscription creation” line item in your history. Click it, then click on the “unsubscribe” button.
It is the responsibility of the end user to cancel their own recurring subscriptions. Cancellation requests via email are also possible, but due to limitations of email, if you do not receive a cancellation confirmation from us, then assume that your subscription is not canceled!
10.2 After cancelling, you will be granted access to the Service through the time period for which you have already paid.
10.4 We reserve the right to terminate this agreement or discontinue the Service or any portion or any feature of it for any reason and at our sole discretion.
10.5 In the circumstances outlined in Clause 10.3 we will not provide a full refund of any unexpired term of the price paid.
10.6 Upon termination you must delete all output of the Service in your possession or control (including from your website and your servers).
10.7 Upon termination of this agreement all rights and obligations of Smofonse and you under the agreement will be extinguished.
10.8 If you share access to Smofonse.com through your own account with other parties, we reserve the right to seek civil damages and losses that result in that shared access. You, and only you, have the right to access Smofonse.com through your own account.
- DISCLAIMER OF WARRANTIES
12.1 YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12.2 WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
- INTERNET DELAYS
The Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Smofonse.com is not responsible for any delays, delivery failures, or other damage resulting from such problems.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR DAMAGES OF ANY TYPE OR KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
- ADDITIONAL RIGHTS
Certain states and/our jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain types of damages, so the exclusions set forth above may not apply to you.
- LOCAL LAWS
We make no representation that the Service is appropriate or available for use in locations globally. If you use this Service from anywhere globally, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Accordingly, if making the Services or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Services are not offered for sale to you.
17.1 Notices shall be given to us via email at support@Smofonse.com or to you at either the email or address you provided to us during the ordering or registration process.
17.2 Notices will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of posting.
- APPLICABLE LAW
- MISCELLANEOUS INFORMATION
19.3 You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or the Services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.