Use of the SmartExpert platform, the site https://lms.smartexpert.net/ and other sites of the project (hereinafter the “Site”), as well as the use of products and services offered on the platform and the site (hereinafter referred to as the “Services” or “Services”) is governed by the terms of a legal agreement (contract) between you (the user of the site) and us – the SmartExpert company (hereinafter referred to as the “Site Administration”, “us” or “we”). This document describes the main provisions of this agreement, as well as sets out some of its terms.
This agreement on the provision of access to the SmartExpert platform (hereinafter – the “Agreement”) is concluded between SMARTEXPERT SOFTWARE OÜ, (hereinafter – “SmartExpert”) and, accordingly, an individual, organization or legal entity that agrees with the terms of this agreement (hereinafter – “User”).
In addition to the General Conditions, your contract with SmartExpert also includes Additional Terms of Service published directly on the product (service) description page or in the legal notices applicable to the Services (hereinafter referred to as the “Additional Terms”).
The General Terms and Conditions and Additional Terms (hereinafter referred to as the “TERMS”) constitute a legally binding agreement for the provision of the Services and the use of the website.
This Agreement is public and published on the Internet at https://smartexpert.net/.
2. ACCEPTANCE OF TERMS
To be able to use the Services, you must agree to the Terms. Until the moment of acceptance of the Terms, the use of the Services of the SmartExpert platform is prohibited.
You can accept the Terms in the following ways:
(А) taking an action indicating acceptance of the Terms (by clicking on a button, ticking a checkbox or a similar action) on the service order page on the platform / website; or
(Б) actual use of the Services. In this case, you agree that we will consider the fact of using the Services as acceptance of the Terms.
By using the project website or the services offered on the website, you accept all the specified Terms. If you do not agree with these General Terms and Conditions or Additional Terms posted on the site – leave the site and stop using the Services.
SmartExpert has the right to unilaterally change these Terms at any time.
3. SUBJECT OF THE CONTRACT
The subject of the agreement is the use of the platform, website, as well as the Services that we offer on the website https://lms.smartexpert.net/ and other sites of the SmartExpert project.
A user can be any person who accepts the Terms and uses the site and the Services. To receive paid services, you must have full legal capacity and be a person who has reached the age of 18.
Additional terms and conditions
We reserve the right to introduce additional conditions of use of the site and services, which are binding.
4. COST AND DESCRIPTION OF SERVICES
The scope of the Services available to you depends on the conditions of the purchased service package.
If you use the services or materials available in the open sections of the site and distributed free of charge, you will receive only basic information on the topic of interest.
In the case of purchasing a package of paid services or booking participation in an event, you will receive extended information, as well as access to paid content and paid services of the site. Please note that some prepaid service packages imply access to several services and training programs (courses) at once. However, if this is not the case, you will need to purchase such Services separately in order to receive informational materials on additional training programs.
Some training programs involve independent work and the completion of certain tasks (homework) that are part of the service delivery process.
Prices and cost of services
The cost of the services you purchase may be published by us on the product page, on the site, or must be indicated in a written legal notice – a message sent to you at the email address specified during registration or ordering on the site.
5. MAKE A DEAL
The procedure for the formation and conclusion of the corresponding transaction (agreement) depends on the product (service package) you have chosen and the payment method, as well as on whether you are placing an order for the Services for the first time or you already have a user account on the site.
The moment of the conclusion of the contract
By visiting the site and using the free materials and services posted in the open sections of the site, you conclude a License Agreement with us for the use of content.
SmartExpert grants you a non-exclusive, without the right to sublicense, revocable license for SmartExpert services, which covers the territory of all countries of the world, to use content and courses, on the terms set forth in this Agreement, and for the duration of the Agreement solely by types (methods) of use, provided technically by the SmartExpert platform and within the SmartExpert platform.
The parties understand that your use of content and courses on the SmartExpert platform can be either free or paid. Thus, the license referred to in this clause can also be, respectively, either free or paid (in the amount of the cost of payment for services of access to the corresponding content and courses).
In case of payment for the order without using the systems for receiving electronic payments, the Agreement with you is considered concluded at the time of payment by you of the invoice issued by us (or electronic invoice).
Purchasing multiple products or additional services
You can simultaneously purchase and use one or several services by paying for the purchased service package one-time or by issuing a monthly subscription.
Correcting input errors
By registering on our website or ordering services, you can interrupt the checkout process at any time and correct input errors until the registration or ordering process is completed – payment for services, tickets, etc.
You can also always contact us and report any typing errors.
6. TERMS OF SERVICE PROVISION
Any services / prepaid service packages purchased on the site can be offered for a certain period (have a fixed term for the provision of services). In this case, upon the expiration of the specified period, the provision of services will terminate automatically at the end of the specified period for the provision of services; actions on your part aimed at termination of services are not required.
7. TERMS OF RESERVATION (PRE-ORDER) SERVICES
When making a reservation for services, you place an order for Smart Expert products and services at a discount, at a special price. You pay in the cost of the booking and receive a fixed price in effect at the time of booking. The rest of the cost of services, you must pay within the period specified in the offer published on the sale page.
The amount you paid (the cost of booking) is considered an advance and will be credited to the payment for the services.
If you do not pay in full for the booked services within the specified period, we will refund all the funds received, but you will lose the right to purchase products and services at a special price, and you can always purchase them at the regular price published on the website.
If, before the moment of full payment, you managed to use the services (you have already gained access to one or several lessons), we will deduct the cost of the actually rendered services from the refund amount, in accordance with our Return Policy.
You can also use the amount you contributed to partially pay for other SmartExpert services, within two (2) calendar months from the date the reservation value was made, to do this, contact our customer service. After the expiration of two months from the date of payment, the cost of the reservation is not refundable.
Please note that booking implies ordering a minimum package of services or a tariff plan (the lowest cost), but you can always choose another package of services, subject to an additional payment of the difference in cost.
8. TERMS OF PAYMENT
In the case of purchasing a package of services or a ticket for a live event on the site, at the time of ordering (successfully entering payment details into the payment system frame), a one-time write-off of the cost of the ordered services occurs.
SmartExpert draws your attention to the fact that we do not collect and process any banking and / or financial information related to your purchase of a package of services according to the selected tariff / course, all settlements are made by you through the web interfaces of financial institutions entitled to provide the relevant services.
Failure to fulfill payment obligations
We reserve the right to make claims for violation of the established terms of payment for services. If it is impossible to write off funds from your payment card or the next payment, we have the right not to start the provision of the Services or suspend their provision, until they are properly paid.
9. PAYMENT METHOD
You can familiarize yourself with the available payment methods for our services on the website. In case of payment for services by bank transfer, you must inform us about the completed payment and send an image of documents confirming payment for services to the e-mail address indicated on the website. You understand that by paying for services by bank transfer, you confirm your agreement with the Terms of Service.
In the event that we pay additional commissions or other expenses arise as a result of a payment rejection through your fault (for example, insufficient funds on the card; the allowed credit limit on the card has already been exhausted), we reserve the right to additionally debit your card / account the amount of expenses actually incurred by us …
We reserve the right, at any time, at our discretion, to change the payment method for the purchased product and / or refuse the previously proposed payment method by offering alternative payment methods.
10. RETURN POLICY AND RESPONSE OF SERVICE
After placing an order and paying for it, in each individual case, you get the right to refuse the Services and request a refund. You have the right to refuse paid services by notifying us about this within the established time frame.
The date on which we receive the refund request will affect the possibility of a refund, as well as the amount of deductions associated with the refund.
You understand and agree that if you have already started using the services (gained access to one or more lessons of the training program or their records) during the refusal period, we will withhold from the amount you contributed the amount of the cost of the services actually provided, at the time of receipt of the request for a return.
Making a return
For cancellation of services and registration of a return, write to us at email@example.com or contact the support service at the phone number indicated on the website. We will acknowledge receipt of your return request by email to the address provided during checkout.
To make a return, be sure to inform us: Full name and email specified when placing an order; the name of the Service (course, service package); date of order; payment information; reasons for refusing services, as well as other necessary information.
You understand that if you do not provide the necessary information, we have the right to refuse you a return and not consider your request.
Consequences of refusal of services
If you requested a refund within the specified time frame, we will refund your funds within fourteen (14) days of the date we receive your request.
For a refund, we will use the same payment method that you used to pay for the services. We will deduct from the refund amount all additional commissions of banks and payment systems associated with the refund.
If you did not use the services (did not take part in the event, did not see the classes available to you) through no fault of ours or refused to use the services in violation of the terms and the established procedure, we will not reimburse you for the cost of such services.
Special conditions of refusal and additional guarantees of return
We definitely reserve the right to set different opt-out policies for individual Services or provide you with additional unconditional return guarantees by posting specific Opt-Out Terms on the product sales page.
11. RIGHT TO USE CONTENT
Depending on the services ordered or the package of services you purchased, you get access to certain content (information and training materials), the copyright and related rights to which are protected or in any case belong to us, regardless of the fact of registration and the territory of their action.
We grant you a non-exclusive, non-transferable right (limited license) to use the content for non-commercial purposes under the terms of this agreement for the entire duration of the service, unless otherwise provided by the terms of the membership or subscription package.
You are warned that photography, audio, video recording of the training process (seminars, workshops, webinars and live events) is strictly prohibited. If you violate this requirement, you will not be allowed to receive services.
Use of intellectual property
All materials posted on the website and other sites of the project, as well as materials provided to you in the course of rendering paid services (content) are subject to copyright, the exclusive rights to the use of which belong to SmartExpert.
The right to use the content and materials that are part of the site or obtained in the process of providing the Services is limited to the use of the content for personal non-commercial purposes and is not allowed in other cases.
Copying, modification, full or partial use, public reproduction and distribution of materials posted on the site or provided to the user in the course of providing paid services, as well as the
use of content for commercial purposes, without the written permission of the copyright holder, is strictly prohibited and punishable by law.
The mark for goods and services, its image is registered and belongs to us. All rights reserved.
You agree not to reproduce, duplicate, copy, sell, exchange or resell the Services for any purpose, unless the right to do so was granted to you by the copyright holder in a separate written agreement, and also not to use other intellectual property objects without our written consent.
Any violation of copyright and related rights is prosecuted in accordance with the legislation of the country where services are provided and international law, and entails the onset of civil, administrative and criminal liability.
12. LIABILITY FOR INAPPROPRIATE SERVICES
Regulations of the law
The provisions of the current consumer protection legislation regarding claims for the provision of services of inadequate quality apply to the relationship arising, regardless of the General and Additional Terms. The scope of consumer rights granted to you by law, in any case, cannot be reduced.
We do not give any guarantees that using SmartExpert services will bring you financial or any other results. The data provided in the course of your use of paid and free materials on the site are only advisory in nature.
By purchasing paid services or using free content, you agree that you use the content in your sole discretion and are unilaterally responsible for this.
SmartExpert does not bear any responsibility for the possible lost profit, reputation and other risks that may arise when using the site materials. The results that you get in the process of using the strategies and recommendations posted on the site depend on many factors that are exclusively individual in nature and depend on the student. These include your individual learning abilities, doing your homework conscientiously, the advice and strategies you receive as you learn, and the factors of the business environment, markets, and economic fluctuations when you use strategies and knowledge.
The results of different users can vary significantly when using the same services. The cases and success stories provided on the site are presented as demonstration of the results of specific people, and are not a promise or guarantee that you will achieve the same results, even if you copy the strategies and actions that were taken by these people to achieve certain financial and other results. By using the materials, you give up lawsuits and other forms of claims against us regarding the results you have obtained in the process of using the content and using the services. You understand that your disagreement with the opinion of our coaches or speakers, the methodology and content of training programs, is not a basis for a refund.
In case of violation by the parties of obligations, provision of inaccurate information at the conclusion or during the execution of the transaction, the parties are liable in the prescribed manner.
We are responsible for:
– violation of the Terms and the procedure for the provision of services;
– violation of the terms for the provision of services;
– provision of Services of inadequate quality.
We are not responsible for:
– impossibility to provide services for reasons beyond our control, including force majeure, disruption of communication lines, malfunction of equipment and software that does not belong to us;
– for full or partial interruptions in the provision of services associated with the replacement of equipment, software or other work caused by the need to maintain the operability and development of technical means (subject to prior notification of the user);
– violation of the security of equipment and software used by you to obtain services;
– loss of confidential information or part of it, if this is not our fault;
– any losses of third parties that have arisen through no fault of ours.
You are responsible for:
– for the authenticity and correctness of the registration and payment data specified by you during registration on the website or placing an order;
– use by third parties of the credentials used to access the Services;
– use of materials posted on the website or provided in the course of the provision of the Services for the purpose of their subsequent resale, distribution or transfer to third parties;
– violation of the Terms of Service;
– violation of the terms of payment;
– interference with the operation of the site and available services or an attempt to gain access to them bypassing our instructions.
Limitation of Liability
Our aggregate liability for any claim or claim is limited to the amount of inadequate service purchased or provided out of time.
In the event that we violate the terms for the provision of services, our liability is limited exclusively to:
– extension of the terms of rendering services, or
– provision of services in new terms until the full fulfillment of our obligations.
Responsibility of our employees and agents
Where our liability is limited or excluded, the same limitation or exclusion of liability applies to our employees or agents.
14. LIABILITY FOR THE MATERIALS AND CONTENT YOU POST
Limitation of liability for posting content
You are responsible for the content and materials that you post on our website or chat rooms while using SmartExpert services. We are not responsible for the content you post and do not track it.
Compliance with legal requirements
By posting your own content, you must comply with the laws of your country of residence. In any case, the publication of pornographic, sexual content that promotes violence, sadism, discrimination, threats or defamation is prohibited.
In addition, your content must also not infringe on the rights of third parties. This concerns the property and personal non-property rights of third parties, including intellectual property rights (for example, copyright and rights to a trademark and trade name). In particular, you are also obliged not to violate the rights of third parties when posting comments / reviews, profile pictures or any pictures that you post.
We have the right to remove or move any content posted by you at any time if we believe that it violates the rights of third parties or the requirements of the law. If you violate these principles of posting content, we have the right to send you a written warning and temporarily block your account and suspend the provision of services, or terminate the contract unilaterally.
Compensation for damage
If you violate the requirements of the Terms, you are obliged to reimburse us for all losses incurred in connection with the satisfaction of claims of third parties (whose rights you violated). We reserve the right to make claims for losses and other claims against you by way of recourse.
15. TERM OF TERMS AND CONDITIONS
The Terms and Conditions remain in effect until they are changed or withdrawn by SmartExpert. Termination (revocation) of these Terms will not affect any legal rights, obligations and responsibilities that were valid for you and SmartExpert and arose prior to the termination of the Terms.
16. TERM OF CONTRACT
The agreement on providing access to the SmartExpert platform / using the site (site materials) is considered concluded for an indefinite period and is valid until terminated by you or us.
The service agreement concluded in connection with the use of free services and / and the purchase of a prepaid service package is valid until the parties fulfill their obligations in full.
The service agreement concluded in connection with your paid subscription to the Services is valid during the subscription period and, in case of renewal (automatic renewal) of the subscription, is extended for the subscription renewal period.
17. TERMINATION OF USE OF THE SERVICES
You have the right to stop using the site and services at any time, without giving a reason.
To stop using paid services, please let us know by contacting the user support service using one of the phones listed on the site.
Please note that after you have canceled the services (terminated the contract), you will lose access to all purchased content and available services. If at the time of termination of the contract (agreement) you still have a valid subscription or access to the purchased package of services, any amount that you paid to pay for SmartExpert services and services will not be refunded, including the amount of the cost of actually unused services.
We reserve the right to terminate a legal agreement with you without giving any reason, provided that we give you written notice no later than two (2) weeks prior to the planned
termination date. In any case, the contract cannot be terminated before the end of the minimum paid subscription period or the end of the service term.
We can at any time cancel the agreement (contract) concluded with you if:
(A) you have violated any provision of the Terms (or have taken actions that clearly indicate your unwillingness or inability to comply with the Terms), or
(B) we are forced to do so due to legal requirements (for example, if the provision of services to you is illegal or ceases to be legal), or
(B) SmartExpert will terminate the Services in the country in which you reside or use the Services.
If you try to interfere with the operation of the site, servers and other automated systems of SmartExpert or grossly violate the Terms, or if we suspect you of doing so, we may suspend or completely block your access to the site and services.
Unilateral withdrawal from the contract on good grounds
Each party has the right to withdraw from the contract unilaterally for good reasons.
In particular, we have the right to cancel your account and terminate the user agreement or cancel your subscription immediately if you repeatedly violate the Terms of Service or these General Terms and Conditions, or if you are in arrears in payment for services.
18. PERSONAL DATA
19. CHANGES TO TERMS OF SERVICE PROVISION
We reserve the right to change or supplement these General Conditions by posting on this page a notice and a revised General Conditions. It is highly recommended that you frequently check this page and the date of last changes shown at the top of the page.
If the Additional Terms change, we will post the new version of the Additional Terms directly on the product description page.
If you do not object to the validity of the new Terms and Conditions, and you continue to use the Services, the new version of the Terms is deemed to be accepted by you.
You understand and agree that your use of the Services following a change to the General or Additional Terms will be deemed your acceptance of these Terms by you. If you object to the new version of the Terms, we definitely reserve the right to unilaterally withdraw from the contract in accordance with the established procedure.
20. GENERAL LEGAL CONDITIONS
The General and Additional Terms constitute the entire legal agreement (agreement on the provision of services and use of the site / provision of access to the SmartExpert platform) between you and SmartExpert, regulate the procedure for the provision of Services (except for
services provided on the basis of a separate written agreement, if any) and completely replace all previous agreements and understandings between you and SmartExpert.
Validity of provisions
If there is a discrepancy between the Additional Terms and the General Terms, the provisions of the Additional Terms applicable to the relevant Service shall prevail.
If any judicial authority empowered to consider this matter declares the invalidity of any provision of these Terms, then the relevant provision will be excluded from the Terms, while the remaining provisions of the Terms remain in effect. The remainder of the Terms will continue to be effective and may be enforceable in court.
The relationship between the parties is governed by the provisions of EU legislation, as well as the Convention on International Sale and Purchase Agreements.
21. ADDITIONAL TERMS FOR ORGANIZATIONS
At your request, this agreement can be executed by the parties in writing, with a description of the special conditions for the provision of services of the SmartExpert platform.
If you are a legal entity (for the avoidance of misunderstanding, the term “you” in relation to legal entities in these Terms means an organization), then the individual who accepts the terms on behalf of your organization declares and warrants that it is authorized to act on your behalf and has sufficient authority to accept the Terms on your behalf.
22. SERVICE PROVIDER INFORMATION
SMARTEXPERT SOFTWARE OÜ (registration number 16082907), registered in Estonia Harju county, Kuusalu parish, Pudisoo village, Männimäe / 1, 74626,