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Terms of Service

Terms of Service

Terms of Service
Last updated on June 02, 2018.

Welcome to the Xmarto Technology Limited. Please read carefully the following terms and conditions (“Agreement”) before using the Services offered by xmartO Technology Limited。 (“xmartO” or “we” or "us"). The term “Services” includes, without limitation, (1) use of xmartO website that may be accessed through xmartO.com (including any content and service offered through the site, collectively, "Site"); (2) use of xmartO products (including hardware and software in connection with xmartO products, collectively, "Products").

BY USING THE SERVICES YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND ARE A PARTY TO THE TERMS AND CONDITIONS HEREUNDER TO THE EXCLUSION OF ALL OTHER TERMS. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SERVICES AND TO ENTER INTO THIS AGREEMENT. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU SHOULD DISCONNECT YOUR PRODUCTS FROM YOUR ACCOUNT AND CEASE ACCESSING OR USE THE SERVICES.

1. Access to the Services
Subject to these Terms, xmartO grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services.

xmartO may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. xmartO may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You may only use the Services and the Products for your own personal, non-commercial use, and not for the use or benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Service is prohibited by any applicable law, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. Any software component embodied in the Products is licensed to you, and not sold.

xmartO may provide the opportunity for you to interface the products and services to one or more third parties, through and using the Service. You decide whether and with which third party products and services you want to interface. Your explicit consent and authorization is required for this interface and is revocable by you at any time. Once your consent is given for particular third party products and services, you agree that xmartO may exchange information and control data regarding you and your Products, including your personal information, in order to enable the interface you have authorized. Once this information is shared with the third party products or services, its use will be governed by the third party's privacy policy.

xmartO reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that xmartO will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

The Services are available to persons aged 18 years or older. If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to xmartO or on the Services. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

You represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. Accounts
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify xmartO immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by xmartO or any other user of or visitor to the Site due to someone else using your xmartO Account, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s xmartO Account, password or account at any time without the express permission and consent of the holder of that xmartO Account, password or account. xmartO cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. Website and Service Content
Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). Your submitted content which includes any audio or video content, pictures or data captured from the Product as well as any information that you and other users provide us in the course of using the Services, which we may use to provide, maintain and improve the Services (“User Submissions”). When using the Services, some User Submissions may be visible to others (for example, the Services allows you to upload, post, or otherwise share video content). You hereby agree and grant xmartO a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable right to use, view, copy, adapt, modify, distribute, transfer, display, prepare derivative works of, transmit and exploit such User Submissions, including all associated intellectual property rights, solely in connection with providing you the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. xmartO will only share your personally identifiable information in accordance with the xmartO Privacy Policy. For clarity, the foregoing license grant to xmartO does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

You may choose to, or xmartO may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services ("Ideas"). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place xmartO under any fiduciary or other obligation. xmartO may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that xmartO does not waive any rights to use similar or related ideas previously known to xmartO, developed by its employees, or obtained from other sources.

You acknowledge and agree that you are solely responsible for all content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you license to xmartO all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these Terms. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. xmartO reserves the right to remove any User Submissions from the Services at any time, for any reason or for no reason at all.

Under no circumstances will xmartO be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Service.

4. Restrictions
You warrant, represent and agree that you will not contribute any Content or User Submissions or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of xmartO; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your xmartO account or anyone else’s (such as allowing someone else to log in to the Services as you; (vii) attempts, in any manner, to obtain the password, account, or other security information from any other user; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Maillist, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; or (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

xmartO reserves the right to remove any Content from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not xmartO, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

5. Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and xmartO, the services provided and software and products contained in or purchased through this site are provided as is and without warranties of any kind either express or implied.To the fullest extent permissible pursuant to applicable law, xmartO disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, xmartO does not warrant that the functions contained in the site or services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. xmartO does not warrant or make any representations regarding the use or the results of the use of the materials in the services in terms of their correctness, accuracy, reliability, or otherwise. You (and not xmartO) assume the entire cost of all necessary servicing, repair, or correction.Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the xmartO Services, we include links to other web sites on the world wide web portion of the Internet and that xmartO has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall xmartO be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, the software or services or any other web site, even if xmartO or a xmartO authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from xmartO or from or through the site shall create any warranty. In no event shall xmartO’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any products, software or services.

6. Privacy Stateme
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

7. Confidentiality
We are registered under the Data Protection Act 1998 and as such, any information concerning the client and their respective client records may be passed to third parties. However, client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.

8. Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.

9. Termination of Agreements and Refunds Policy
Both the client and ourselves have the right to terminate any services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused services, shall be refunded.

10. Copyright, Trademarks and other Intellectual Property
Copyright, trademark, patent, and other applicable laws protect the services and materials appearing on the Site. No other use of these materials may be made without express written permission of the operators of xmartO Digital Technology Co., Ltd. Any unauthorized use of the words or images on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

11. Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

12. Links to this Website
We welcome links to this website. You can link your site to ours using our suggested link copy, or create your own. However, we do not wish to be linked to or from any third-party web site or link which contains:

a. any information that misrepresents the nature of your relationship with our organization, or incorrect facts or data about our organization; or any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of xmartO Technology Ltd.;

b. any material or information of any kind, which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual orviolent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;

c. any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights.

We reserve the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

13. Links from this Website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

14. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

15. Right to Change Terms and Conditions
xmartO Technology Ltd. may, at any time and from time to time, change these terms and conditions. Any changes to these terms and conditions will be effective immediately upon posting of the changed terms and conditions on the Site. You agree to review these terms and conditions periodically, and use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

16. Advertising and Sponsorships
We accept paid advertisements or sponsorships on this Site.

17. Fees and Payments
Certain aspects of the services may be provided for a fee. You shall pay all applicable fees, as described on the Site in connection with such services selected by you. xmartO reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Site. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid for services are non-refundable.