In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website;
“Smart Marketing Solutions ”means Smart Marketing Solutions AL of [insert address];
“Service” means collectively any online facilities, tools, services or information that Smart Marketing Solutions makes available through the website either now or in the future;
“System” means any online communications infrastructure that Smart Marketing Solutions makes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the website and is not employed by Smart Marketing Solutions and acting in the course of their employment; and
“Website” means the website that you are currently using (smartmarketingsolutions.online).
2.1 All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Smart Marketing Solutions, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Albanian and International intellectual property and other relevant laws.
2.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Smart Marketing Solutions.
This website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smart Marketing Solutions or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this website on other sites may do so only to the home page of the site smartmarketingsolutions.online without prior permission.
5.2 You agree that, if you have provided Smart Marketing Solutions with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Smart Marketing Solutions and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Smart Marketing Solutions’s website or otherwise provided a copy of it to the third party. You agree to indemnify Smart Marketing Solutions in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
6.1 Smart Marketing Solutions makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Smart Marketing Solutions accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8.1 To the maximum extent permitted by law, Smart Marketing Solutions accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Smart Marketing Solutions’s liability for death or personal injury resulting from any negligence or fraud on the part of Smart Marketing Solutions.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Law Nr. 9902, date 17.4.2008 on Consumer Protection. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
8.4 Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of:
8.4.1. profits, sales, business, or revenue;
8.4.2. business interruption;
8.4.3. anticipated savings;
8.4.4. business opportunity, goodwill or reputation;
8.4.5. use of, or corruption to information; or
8.5 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
8.5.1.use of, or inability to use, our Site;
8.5.2. use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
8.5.3.theft, destruction of information or someone getting access to our records, programs or services without our permission; or
8.5.4.goods, products, services or information received through or advertised on any website which we link to from our Site.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by email to email@example.com. Such notice will be deemed received, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
These terms and conditions and the relationship between you and Smart Marketing Solutions shall be governed by and construed in accordance with the Law of Albania and Smart Marketing Solutions and you agree to submit to the exclusive jurisdiction of the Courts of Tirana.