Terms and Conditions

This agreement applies as between you, the User of this Web Site and A/B Smartly, the owner(s) of this Web Site.  Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation In this Agreement the following terms shall have the following meanings:

    

2. Eligibility

   • Our services are void where prohibited by applicable laws. Our Service is offered only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors under the age of eighteen (18) or to anyone who may not be able to form a legal binding contract within such person’s jurisdiction. Any misstatements and/or misrepresentations regarding the age, background, experience and/or eligibility of any users of the Service are not the responsibility of A/B Smartly.

   • A/B Smartly does hereby expressly disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any users of this Site or the Service. Users do hereby represent, understand and agree to hold A/B Smartly harmless and to indemnify A/B Smartly for any misstatements and/or misrepresentations, whether made intentionally or not, made by any users of this Site or the Service.

3. Your Account

   • Using our Services and the online platform, requires you to register with us and to open an account. At the time of registration, you agree to provide us with the personal and other information that are necessary to offer you our Services. Those must be true, accurate, complete and kept up to date. You should note that a failure to provide true, accurate, complete and up to date details forces us to end the relationship with you and to immediately terminate the Services offered to you. Also, that you are responsible for all activity on your account, whether or not you authorize it.

   • In order to access your Account, you will be required to provide your member name and password. It is your responsibility to create a strong password and to protect your log in details and to restrict access to your account. You must notify us immediately if the security of your account has been compromised and you accept and acknowledge that we do not assume any responsibility for the safety of your account nor can be held liable for security breaches and activities that occur under your Account nor can accept any risks deriving from authorized or unauthorized access or fraudulent entry to your account to the maximum extent permitted by law.

4. Prices

   • All prices that are advertised on our website are correct at the time of subscription. However, A/B Smartly reserves the right and discretion to change our prices at any time. Please check our website for up-to-date prices and special offers before you book.

   • Any fees charged by your debit or credit card provider in connection with your purchase of a Service or Product are for your own account and A/B Smartly shall not be responsible for these.

5. Cancellation and Variation

   • Where we have accepted / confirmed your subscription and formed a legally binding agreement with you then you are permitted within 14 working days starting on the day after the date we have confirmed your participation to cancel your subscription. This is known as the “cooling off period”.

   • Once you have completed the cooling off period of 14 days you will be under the full cancellation conditions of services which are 100% non-refundable.

   • You must inform us of your intent to cancel by writing to `info@absmartly.com` in the form of an email.

   • Once we have received your written cancellation letter we will refund you within 30 days of receiving your letter and deduct any credit card surcharge, if applicable.

6. Intellectual Property

   • All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of A/B Smartly, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable National and International intellectual property and other relevant laws.

   • Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by A/B Smartly.

   • Material from the Web Site may be re-used without written permission where any of the exceptions detailed in title 17 of the United States Code apply.

7. Links to Other Web Sites This Web Site may contain links to other sites.  Unless expressly stated, these sites are not under the control of A/B Smartly or that of our affiliates.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Links to this Web Site Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.absmartly.com without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of A/B Smartly.  To find out more please contact us by email at info@absmartly.com.

9. Privacy

   • For the purposes of applicable data protection legislation, A/B Smartly will process any personal data you have provided to it in accordance Privacy Policy available on the A/B Smartly website or on request from A/B Smartly.

   • You agree that if you have provided A/B Smartly with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer of such personal data to A/B Smartly and (2) that you have brought to the attention of any such third party the Privacy Notice available on the A/B Smartly’s website or otherwise provided a copy of it to the third party. You agree to indemnify A/B Smartly in relation to all and any liabilities, penalties, fines, awards, or costs arising from your non-compliance with these requirements.

10. Disclaimers

    • A/B Smartly makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

    • No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

11. Availability of the Web Site The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility, and satisfactory quality.

    A/B Smartly accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

12. Limitation of Liability

    • To the maximum extent permitted by law, A/B Smartly accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.

    • Nothing in these terms and conditions excludes or restricts A/B Smartly’s liability for death or personal injury resulting from any negligence or fraud on the part of A/B Smartly.

    • Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant national provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

13. No Waiver In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

14. Previous Terms and Conditions In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

15. Notices All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@absmartly.com.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.

16. Law and Jurisdiction

These terms and conditions and the relationship between you and A/B Smartly shall be governed by and construed in accordance with the Law of the Netherlands and A/B Smartly and you agree to submit to the exclusive jurisdiction of the Courts of the Netherlands.