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Website Terms of Use

Important: please read these terms & conditions of use (“T&C”) carefully as they set out the conditions under which you may use the Smappee website www.smappee.com (the “Website”). By using the Website, you confirm that you have read, understood, and agree to abide by these T&C. If you do not agree to these T&C, we ask that you do not use the Website.

SMAPPEE

http://www.smappee.com as well as any website under a subdomain of smappee.com (collectively, the “Website”) is an initiative of:


Smappee NV
Evolis 104, 8530 Harelbeke
VAT BE 0849.366.642
Email: info@smappee.com

However, certain components and functionalities may be offered by the following entities affiliated with Smappee:

  • Smappee Services BV, with registered office at Evolis 104, B-8530 Harelbeke, registered under number BE0835.376.866,
  • Smappee Inc, having its registered office at 55 Madison Avenue, Suite 400, Morristown, New Jersey 07960, USA; registered under VAT number EIN61-175064,
  • Smappee Pty, having its registered office at 1/575 Darling Street, Rozelle, New South Wales 2039, Australia, registered under AU21627146874.

If you want to know more about Smappee products or services or have any questions about these T&C, please contact us by sending an email to info@smappee.com.

1. Scope

These T&C apply to the use of the Website and describe the rights and obligations of visitors in relation to the Website.

The Website and the content available thereon are made available solely to provide insights and information in a convenient manner to those interested in Smappee’s products and services. Our services are governed by our General Terms & Conditions.

In the course of using the Website, Smappee may collect and process personal data in the capacity of a data controller. For more information on how Smappee processes personal data (including the legal basis and purposes of such processing activities), please refer to our Privacy Policy. In addition, our Website uses cookies and similar technologies. For more information, please refer to our Cookie Policy. Non-publicly accessible parts of the Website (e.g. the Smappee Dashboard) are additionally subject to the respective Terms & Conditions of Use.

2. Website

Good operation, security, and accessibility


We aim for a user-friendly Website that is safe and reliable for every visitor. Still, we cannot give absolute guarantees on this. Any use of the Website is always at your own risk. Access to our Website is provided “as is” and on an “as available” basis.

Smappee will use commercially reasonable efforts to ensure the continuous availability of the Website. However, Smappee does not guarantee that the Website will be accessible or available at all times from any geographical area or via any user device.

Smappee does not guarantee that the Website will always function without error or interruption: the Website may possibly be unavailable during maintenance work performed by Smappee or its hosting provider.

Use of the Website


Every visitor to our Website bears a certain responsibility when using our Website. Visitors must always refrain from actions that could have a harmful impact on the proper functioning and security of the Website, as well as on other visitors to the Website. Thus, the Website must not be used to circumvent our business model and/or to collect information from other visitors on a large scale. Visitors to our Website agree that it is prohibited to use automated systems or software to extract data from this Website for commercial purposes.

You are prohibited from using our Website to distribute content that may cause harm to other visitors to the Website, such as the distribution of harmful software including computer viruses, malware, worms, trojans, and cancelbots. This includes the dissemination of unsolicited and/or commercial messages via the Website, such as junk mail, spam, and chain letters.

We reserve the right to take all necessary actions to safeguard our rights and those of our visitors, both judicially and extrajudicially. The visitor is solely personally and integrally responsible if their actions and behaviours effectively cause damage to the Website and the other visitors. In such a case, they must indemnify Smappee NV, or the company affiliated with Smappee NV that has suffered damage, against any resulting claim for damages.

3. Contents

The information on the Website is determined solely by Smappee. We take appropriate measures to keep the content on our Website as complete, accurate, and up-to-date as possible but Smappee makes no declarations or guarantees of any kind, express or implied, about the completeness or suitability of the information available or accessible on its Website.

We reserve the right to modify or update the Website and the content available thereon from time to time to reflect changes in our product and service ranges, improve the operation and functionalities of our Website, and enhance the security and ease of use of our Website.
If our Website contains content that can be downloaded, such downloads are always done at your own risk.

In particular, we would like to point out that the information on this Website is of a general nature and that not all products and/or functionalities will be available to all customers and/or in all regions and/or for all profiles. Information on the Website mentioned with certain products or services is context- and/or region-specific: the general information on this Website may not be applicable to your company’s situation. This means that concrete advice is needed for optimal operation of our products and services specific to your company or intended specific use.

In view of this general nature of the information on our Website, it therefore in no way constitutes a binding offer and agreements can only be concluded upon acceptance of an individualised offer.

4. Links to other websites

The content of our Website may contain a link, hyperlink, or framed link to external websites or other forms of platforms. A link does not automatically mean that there is a link between us and the external websites, nor that we (implicitly) agree with the content of these websites.

We do not control these external websites and are not responsible for the secure and correct operation of the link and its final destination. Once the visitor clicks on the link, they will leave our Website and the visitor cannot hold Smappee liable for any damages.

External websites may not offer the same guarantees as we do. We therefore recommend that any visitor who lands on an external website via our Website carefully read the terms and conditions and privacy policy of these websites.

5. Intellectual property

Creativity deserves protection, and so does our Website and the content available on it. Protection is provided by intellectual property rights and belongs to Smappee. Content means the very broad category of photos, videos, audio, texts, ideas, notes, drawings, articles, etc. All such content is protected by copyright, software law, database law, design and model law, and other applicable (intellectual) property rights.

The technical nature of our Website itself is protected by copyright, software law, and database law.
Any trade name we use on our Website is also protected by applicable trade name law or trademark law.

Each visitor to the Website is granted a limited right to access, use, and display our Website and the information available thereon. This granted right is non-exclusive, non-transferable, and can only be used within a personal, non-commercial context. We therefore ask visitors to our Website not to use and/or make any changes to the items protected by these rights without consent from Smappee. Visitors may print copies and download extracts from our Website page(s), provided their use is strictly limited to personal, non-commercial uses. Visitors may not modify the content of printed Website page(s) (including but not limited to illustrations, photographs, video or audio sequences, or any graphic or other content available on the Website).

In particular, the Smappee logo and our name may not be used without our permission.

We attach great importance to our intellectual property rights and have taken all possible measures to ensure protection for this. Any infringement of existing intellectual property rights will be prosecuted.

6. Liability

To the maximum extent permitted under applicable law, Smappee is not responsible or liable for:

  • damages caused by visitors or by third parties or for any act or omission based on content available on the Website without seeking specific advice from Smappee; and/or
  • damage as a result of a download, including but not limited to the loss of data or damage to the computer system of the visitor to our Website; and/or
  • damages as a result of the Website (or part of it) being unavailable at any time and for any period.

7. General Provisions

These T&C shall be exclusively governed and interpreted in accordance with Belgian law. All disputes related to or arising from the use of the Website shall be submitted to the competent court from the judicial district where our headquarters are located.

The foregoing is without prejudice to the right (of a consumer) to submit a dispute to a competent court based on a mandatory legal provision. However, we would welcome the opportunity to amicably resolve concerns and/or complaints before the Website visitor takes the matter to court. We therefore ask visitors to contact us in the first instance.

If the operation or validity of one or more of the above provisions of these T&C is compromised, this will not affect the validity of the remaining provisions of these T&C. In such cases, we are entitled to replace the provision in question with a valid provision of a similar scope.