Last updated: [August 6th, 2022]

Booking Terms & Conditions

Thank you for choosing smukme!

We are smukme ApS, company incorporated registered in Denmark, under CVR number 43396382, with registered office address in Chr M Østergaards Vej 4A, 8700 Horsens. (“smukme“, “we“, “us” and “our“). 

When you use our services you’re agreeing to our terms, so please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations.

Because we value our relationship with you, it’s important to us that the expectations and conditions pertaining to the use of smukme are clear from the beginning.

If you do not agree with these Booking Terms and Conditions, you must not use the smukme Services to make a booking with our Partners.

  • smukme is a booking platform, which allows you to discover and book online with Service Providers like salons, and other businesses. You can buy or book Partner Services by making a Booking through the smukme App.
  • All the Partner Services listed on our website and app are sold by our Partners and not by us. We are only responsible for listing and concluding your booking.
  • If you pay for Partner Services using the smukme Payment Gateway, we may collect and receive your payment on behalf of the relevant Partner in our role as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Partner Services.
  • The contract for the Partner Services is directly between you and the specific Partner. We are not liable for the Partner Services you receive from our Service Providers Partners
  • smukme Bookings include certain Terms of Sale that you need to agree to before confirming a Booking. Please check all details and restrictions thoroughly before completing the smukme Booking.
  • smukme reserves the right to deactivate a smukme User Account in the event of a breach of these Booking Terms and Conditions and/or where the User acts in a way that is inappropriate, abusive or otherwise unacceptable towards a Service Provider Partner or our staff.
  • If you want to reschedule or cancel a smukme Booking you need to contact our Service Provider Partner directly or email our support team.

1. Definitions

“Customer”, “User”, and “You” means you, the user of the smukme booking platform or the purchaser of any Partner Services.

“Booking Confirmation” means a written confirmation that we provide to you regarding a relevant smukme Booking, either in email or through the smukme Website, smukme Link or smukme App.

“Cancellation Policy” means a policy that is included in the Terms of Sale of a smukme Booking where a Service Partner may charge you (through the smukme Payment Gateway) a certain fee for a cancelled smukme Booking, which may be up to 100% of the value of the smukme Booking.

“smukme Booking Services” means all appointments, including creating appointments, adjustment, rescheduling, and cancelling appointments, provided through the smukme Website, smukme Booking Link or the smukme App.

“smukme Booking” means an appointment booked online with a specific Partner, via the smukme booking platform.

“smukme User Account” means an account created on the smukme platform belonging to user, containing information such as your name, booking history, payment details and contact information.

“smukme Payment Gateway” means the online and in-app payment facility.

“smukme Services” means the smukme Booking Services and the smukme Payment Gateway.

“smukme Link” means the web interface owned and provided by smukme, which a Partner may embed on their own website and/or social media channels, and through which Customers may book online with the Partner directly.

“smukme App” means the mobile apps published on the Apple App Store and Google Play Store.

“smukme Website” means the website smukme.com and smukme.dk, accessible through any web browser or through our mobile apps published on the Apple Store and Google Play Store.

“Partner” means a selected third-party provider of goods and services, who offers their services for sale on the smukme Website, smukme Link or the smukme App.

“Partner Services” means services of a Partner offered on the smukme Website or the smukme Booking Link or smukme Apps.

“Payment Gateway” means third-party payment processors used by smukme for processing the payments.

“Terms of Sale” mean the date, time, price, Partner Services, discount, location, cancellation policy, and any other details and conditions shown on the smukme Website, smukme Booking Link or smukme Apps at the time that a smukme Booking is made.

2. Description of smukme Services

smukme (“we”, “us”, or “our”) is represented by the smukme Website, smukme Link and the smukme App that make it easy for you to book appointments online with a variety of Partners.

The smukme Payment Gateway allow you to pay in-app for Partner Services, and include all credit or debit card processing services, including refunding, reversing, and adjusting transactions.

You understand and agree that the Partner Services listed on the smukme Website, the smukme Booking Link and smukme Apps are provided by our Partners, and not by us. These Partners, and not smukme, are responsible for customer service related to these Partner Services, which includes responsibility for the nature, quality, and content of the Partner Services, as well as any disputes regarding scheduling, reservation, cancellation, refund policies, adjustments, functionality, and issues concerning experience with a Partner’s personnel or policies. When you make a smukme Booking, you will need to arrive at the place of business of the Partner or the Partner will arrive at your address, in order to receive the Partner Services. The place of business will be indicated in the Terms of Sale of the smukme Booking.

3. Relationship Between You, Us, and our Partners

The smukme Website, the smukme Booking Link and smukme Apps are operated by smukme. The smukme Website, the smukme Booking Link and smukme Apps allow you to book and pay for a broad range of services (Partner Services) in the beauty and wellness space, such as hair, beauty, and massage services, from a variety of providers (our Partners). Those Partner Services are provided by our various Partners and not by us. The provision of the Partner Services booked via the smukme Website, the smukme Booking Link and smukme Apps is the responsibility of the Partner which provides them. In the event you pay for Partner Services using the smukme Payment Services, your payment will be received by us acting as commercial agent on behalf of the Partner. If we receive payment as commercial agent on behalf of the relevant Partner, our receipt of the correct payment will discharge your debt to that Partner.

4. Partner Services

All Partner Services shown on the smukme Website, smukme Link and smukme App are subject to availability. The images and/or descriptions of the Partner Services on the smukme Website, smukme Link and smukme App are for illustrative purposes only, and actual Partner Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the smukme Website, smukme Link and smukme App is accurate, complete, and not misleading in any way. Nonetheless, we cannot verify the information which Partners provide to us. It will be each Partner’s responsibility to ensure that all of its Partner Services listed on the smukme Website, smukme Link and smukme App are available and accurately described.

If you are a Customer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.

It is your (or the person receiving the Partner Services of your smukme Booking) sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Partner Services (for example without limitation, allergy information and health issues). If you (or the relevant recipient of the Partner Services) fail to disclose any such information to the applicable Partner, neither smukme nor the relevant Partner shall be liable to you (or the recipient of the Partner Services) for any injury, loss or damages resulting from the Partner Services that could reasonably have been avoided if you (or the recipient of the Partner Services) had disclosed that information prior to receiving the Partner Services.

5. Cancellation and No Show Policies

If you wish to cancel your smukme Booking, you may do so through either the smukme Website or the smukme App, or by contacting the service provider (Partner) directly. You may only cancel a smukme Booking through the smukme Website or smukme App provided that your appointment is not due to take place within a time frame (e.g. 24 or 48 hours) determined by the Partner. The interval between when you may cancel your appointment and your scheduled appointment start time will be determined independently by each Partner, and disclosed to you at the time of making your smukme Booking as part of the Terms of Sale.

Certain Partners may choose to implement a Cancellation Policy, the terms of which will be disclosed to and confirmed by you at the time of making your smukme Booking. If a Partner has such a Cancellation Policy, then smukme may automatically charge your card an amount determined by the Partner, which may be up to the full amount (100%) of the value of the smukme Booking. If you cancel an appointment beyond the time indicated in the Partner’s Cancellation Policy, you will not be entitled to any refund unless mutually agreed between you and the Partner directly.

Certain Partners may also choose to implement a No-Show Policy. If you fail to turn up to a Partner’s place of business at the time indicated on your smukme Booking, a Partner may choose to exercise their No-Show Policy, wherein smukme may automatically charge your card an amount of up to the full amount (100%) of the value of the smukme Booking.

6. Customer’s Representations and Warranties

By providing debit or credit card information through the smukme Website to use the smukme Payment Services, you represent, warrant, and covenant that:

  • you are at least 18 years of age;
  • you are legally authorized to provide such information to us;
  • you are legally authorized to perform payments from the debit or credit card account(s);
  • such action does not violate the terms and conditions applicable to your use of such debit or credit card, or any other applicable law.

7. Price and Payment

Prices and any applicable delivery and/or processing charges will be as quoted on the smukme Website or smukme Link. The final price you pay connected with a smukme Booking may be adjusted to reflect any additional goods or services you purchase from the Partner at the time of receiving Partner Services, if that purchase is handled through the smukme Payment Services. Additionally, the smukme Partner may, at their sole discretion, issue a discount that would be reflected on the final tax invoice.

The Partner has full responsibility for accounting for indirect taxes on the total value of the smukme Booking, plus any adjustments for additional goods or services sold or discounts applied, where applicable. smukme does not charge you taxes on smukme Bookings, as the Partner Services are provided by the Partner, not by smukme. As a result, smukme cannot provide you with a tax invoice in respect of your smukme Bookings, and tax invoices will need to be provided by the Partner.

Payment to Partner for services provided on smukme Website, smukme Link and smukme App is fulfilled every 10 working days to the bank account associated with the smukme Partner profile. Payment includes all services that have been performed until the payment date.

Payment for all Partner Services must be made at the time of booking in the currency stated on the Booking Confirmation. You may pay for Partner Services you receive using the smukme Payment Services. If you do choose to pay using the smukme Payment Services, you may be subject to the terms and conditions, privacy policy, and other terms of use of our Payment Processors.

Any currency conversion costs, or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.

Payments made through the smukme Payment Services are processed by third party payment services providers (Payment Processors). smukme takes reasonable care to ensure that the smukme Payment Services are available and functioning at all times, but cannot guarantee continuous, uninterrupted or

secure access to the smukme Payment Services, nor can we guarantee that the facility is virus or error free. Because the smukme Payment Services rely on third parties, there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Additionally, access to the smukme Payment Services may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to the smukme Payment Services and will do what we can to restore the facility as soon as reasonably possible.

If you do elect to use the smukme Payment Services, smukme will collect the payment in its capacity as the commercial agent of the relevant Partner.

8. Liability

Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, provided that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time we entered into the smukme Contract.

We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.

We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under Danish law.

9. Amendments to the Booking Terms and Conditions

We may revise these Booking Terms and Conditions from time to time in the following circumstances:

  • if we change the process for accepting payment from you;
  • if there are changes in relevant laws and regulatory requirements; and/or
  • if there are any other changes to our business that reasonably mean we need to amend these Booking Terms and Conditions

Every time you use the smukme Booking Services, the Booking Terms and Conditions in force at that time (and available for view on smukme Website or smukme Link and accepted by you at the point of appointment confirmation) will apply to the smukme Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms and Conditions were last updated at the top of this page;

Website Terms of Use

INTRODUCTION

smukme.com (“Website” and “Mobile App”) owned and managed by smukme (“we,” “us,” or “our”) welcomes you.  

We offer you access to our services through our “Website” (defined below) and “Mobile App” subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website.

DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
  • “Service” or “Services” refers to the services available for sale by the registered Service Provider to the customers through our electronic platform.
  • “User”, “You” and “your” refers the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website;
  • “Customer”,” Customers”, and “Service recipient” refers to the user who accesses the Website and makes the payment for availing services;
  • “Member” refers to the user who create an account with the Website for availing the services available on the  Website;
  • “Service Provider”, “ Service Provider” or “Beautician” refers to the user accessing or registering with the Website for offering various services through the Website;
  • “We”, “us”, “our” are references to SMUKME;
  • “Mobile App” shall mean and include “smukme.com” Websites and any successor App of the Company or any of its affiliates;
  • the customer for availing various services offered on the  Website;
  • or “Service Provider Account” shall mean an electronic account opened by the user with the Platform to sell its services through the platform;

INTERPRETATION

  • All references to the singular include the plural and vice versa and the word “includes” should be construed as “without limitation”.
  • Words importing any gender shall include all the other genders.
  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
  • Eligibility: Certain Service of the Website and/or Mobile App is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
  • Electronic Communication: When you use this Website and/or Mobile App or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

At smukme.com, we provide you meticulously designed Website “smukme.com” and Mobile App “smukme” where a customer can book services of Beauticians, and Beauticians (registered) can sell their services online. It is a multi-service Provider e-commerce platform designed to help service providers to market fast, easily, and conveniently.

We facilitate a booking system as a service where service companies like beauticians can through our website for accepting an appointment. And their clients can also make an appointment through the Website.

MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the changes to our Website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

ACCOUNT

For accessing the Website and/or Mobile App and using certain resources, you may be required to provide specific information and to create a user ID and password to establish an account. 

When you create an account, we collect registration-related information such as name, address, e-mail, and phone number. Once you submit the required registration information, we are sole responsible tol determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration.

You accept that the details you provide about establishing an account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

USER CONTENT

Content Responsibility. 

The Website and/or Mobile App permits you to submit contents, feedback, etc. but you are solely responsible for the content submitted by you. You represent that you have required permission to use the content.

When submitting content to the Website and/or Mobile App, please do not submit content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files;
  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.

Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the Website and/or Mobile App without advanced notice.

ABOUT OUR SERVICE

We act as an aggregator and provide you various Providers of  services that have been designed to save you time and money. We strive to provide you with the information you need to make an informed choice on which provider of service best suits your needs.

BOOKING

For booking, the Website and/or Mobile App assists the Customer and Service Provider. In response to the Service request (for booking date, time etc.) made by the Customer, the Website and/or Mobile App directly contacts the Service provider through its computerized database against the  service request of the Customer, once a booking made by the Customer through the Website and/or Mobile App. We will provide the confirmation of the booking to the Customer by email.

An account will be created for the customer immediately after submitting your booking. The account access instruction will be provided in the email. 

By Completing an order Booking, you agree to receive email for each for the following booking statuses: Pending, Approved, Rejected, Canceled, and rescheduled.  

You agree to have the information you entered through booking forms on Website and/or Mobile App be transmitted to relevant employees and associates of Website and Service Providers registered in the Website and/or Mobile App via email and phone in order to facilitate your request.

You agree that the Service Provider can refuse to render product or services to you for reasons that include but are not limited to you being unfit to engage in services, disrespectful to the Service Providers staff, infected with a contagious virus or disease, etc.

GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
  • The Website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
  • We shall have no liability to you for any failure to deliver Services you have ordered or any delay in doing so if caused by any event or circumstances beyond our reasonable control including, without limitation, adverse weather, pandemics, strikes, lockouts, and other industrial disputes, breakdown or systems or network access, flood, fire, explosion or accident.

LIMITED GUARANTEE

By this Website and Mobile App:

  • We provide an opportunity for you to avail the offered services from our Website.
  • We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website and/or Mobile App is invalid when banned.

USER RESPONSIBILITIES

  • You shall use the Service, Website and/or Mobile App for a lawful purpose and comply with all the applicable laws while using the Website and/or Mobile App;
  • You shall not use or access the Website and/or Mobile App for collecting any market research for some competing business;
  • You shall not misrepresent or personate any person or entity for any false or illegal purpose;
  • You will not use any device, scraper, or any automated thing to access the Website for any means without taking permission.
  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website;   
  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.
  • You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Mobile App. We reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, Mobile App or any service, or any portion of the Website, service and/or Mobile App, without notice, and to remove any content.

SERVICE PROVIDERS OBLIGATIONS

  • Website and Mobile App must indemnify SMUKME about any liability incurred by SMUKME as a result of such information and service provided to the customers/clients.
  • Website and Mobile App must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and service details. Details entered by the Service Provider on the smukme.com website and/or Mobile App will be publicly visible and may appear in search engine results.
  • Website and Mobile App is entirely at a customer/Service Provider’s own risk. A customer must exercise complete caution when using the smukme.com Website and/or Mobile App.

OBLIGATIONS AND RESPONSIBILITIES

INDEMNIFICATION

LIMITATION OF LIABILITY

EXCLUSION OF LIABILITY

We take no responsibility for any indirect damage that may result from the service.

We accept no responsibility for delays/errors due to circumstances outside the Company’s ruling (Force Majeure). These circumstances can be, for example, labor conflict, fire, war, government decisions etc.

We shall not be liable and responsible for the behavior of the users (both Service Providers and the customers). And we are also not accountable for the quality of the services provided by the Service Providers on the Website and/or Mobile App.

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the smukme.com Website and/or Mobile App including loss of data or information or any kind of financial or physical loss or damage.

In no event shall SMUKME, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage.

SPAM POLICY

You are strictly prohibited from using the Website and/or Mobile App or any of our’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS

The Website and/or Mobile App may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website and/or Mobile App, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Website and/or Mobile App is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website and/or Mobile App will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and/or Mobile App and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, MOBILE APP AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND/OR MOBILE APP, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, SERVICE PROVIDERABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE AND/OR MOBILE APP MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE AND/OR MOBILE APP.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITE DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

COPYRIGHT AND TRADEMARK

The Website and/or Mobile App contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website and/or Mobile App or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website and/or Mobile App automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website and/or Mobile Appare registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the  Website and/or Mobile App should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website and Mobile App.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. 

The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. 

Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the  Danish law without giving effect to any principles of conflicts of law. The Courts of Denmark shall have exclusive jurisdiction over any dispute arising from the use of the Website and/or Mobile App.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@smukme.com.

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