Smart Lab Tech (“Smart Lab Tech,” “we,” “us,” or “our”) owns and operates the Smart Lab Tech website, smartlabtech-eg.com (“Website”). These Terms of Service (the “Terms”) govern your access to and use of the website, including, without limitation, the use of Smart Lab Tech’s products, services, and apps that you purchase or sign up for on Smart Lab Tech’s websites (the “Service(s)”).
By clicking to accept these Terms, executing a document that mentions them, or using the Services, you agree to be bound by them.
If you are using the Services on behalf of a business, you agree to these Terms on that business’s behalf and affirm that you have the ability to do so. “You” and “Your” will relate to that organization in this circumstance.
Supplementary terms and conditions or documents may be posted on the Site at any time and are expressly incorporated herein by reference.
1. Fees and Payments
Fees for Services.
You agree to pay Smart Lab Tech any fees (including any overage costs) for each Service you purchase or use, in accordance with the pricing and payment conditions given to you for that Service. You will be billed using the billing method you choose, if applicable. If you choose to pay by credit card, you represent and warrant that the credit card information you provide is accurate, and that you will quickly notify Smart Lab Tech of any changes to that information. Except as stipulated in these Terms or as required by law, fees paid by you are refundable based on our conditions, read our Refund Policy page smartlabtech-eg.com/refund-policy .
Subscriptions.
Some of our Services (which we refer to as “Subscriptions”) are invoiced on a subscription basis. This means you’ll be billed in advance on a recurring, periodic basis (a “billing cycle” is a term). Depending on the subscription plan you choose when purchasing a Subscription, billing periods are usually monthly or annual. Unless you cancel auto-renewal through your online account management page or by contacting us at smartlabtech-eg.com/contact-us, your Subscription will automatically renew at the end of each billing cycle. AUTO-RENEWAL ON YOUR SUBSCRIPTION CAN BE CANCELLED AT ANY TIME, IN WHICH CASE YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THAT BILLING CYCLE BEFORE TERMINATING.
Taxes.
Unless otherwise stated, our prices do not include any taxes, levies, fees, or other similar governmental assessments of any kind, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You are responsible for paying all applicable taxes and for keeping your billing information current.
Unless you timely provide us with a valid tax exemption certificate acceptable to the appropriate taxing authority, if we have a legal obligation to pay or collect sales tax for which you are responsible, we will calculate the sales tax based on the billing information we have about you and charge you that amount (which, if your billing information is incomplete or inaccurate, may be the highest prevailing rate then in effect).
To be on time, you must give us with a tax exemption certificate before your original purchase or upgrade, or within 90 days of such purchase or upgrade if you miss the deadline.
You represent and warrant that if you supply us with a tax exemption certificate, it appropriately reflects your tax status and that you will keep it current and accurate.
If we collect sales tax from you and later decide that your tax exemption certificate is legitimate, we will refund the sales tax received in accordance with applicable state tax rules.
You must produce an official tax receipt or other applicable paperwork to Smart Lab Tech if you are obliged by law to withhold any taxes from your payments to Smart Lab Tech.
Price Changes.
Smart Lab Tech reserves the right to amend the fees charged to you for the Services at any time; however, for Subscriptions, the change will only take effect at the conclusion of the then-current billing cycle. Any fee changes will be communicated to you in advance by Smart Lab Tech.
Overage Fees.
Any overage fees you incur will be billed in arrears unless otherwise noted. Overage payments that are not paid 30 days after they are billed are deemed past due. Failure to pay overage fees when due may result in the related Service being limited, suspended, or terminated (subject to any legal restrictions), and you may lose data associated with that Service.
2. Privacy Policy
In the course of using the Services, you may submit content to Smart Lab Tech (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately.
Please refer to our Privacy Policy as to how we treat such Content
3. Confidentiality.
Smart Lab Tech will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Smart Lab Tech privacy policy). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Smart Lab Tech); (b) was lawfully known to Smart Lab Tech before receiving it from you; (c) is received by Smart Lab Tech from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being identified by you as a business owned account or migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by Smart Lab Tech without reference to your Content. Smart Lab Tech may disclose your Content when required by law or legal process, but only after Smart Lab Tech, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
4. Security
Smart Lab Tech will protect your Content by storing and processing it in accordance with industry security standards. Smart Lab Tech has put in place technological, organizational, and administrative systems, policies, and procedures that are appropriate for the job.
If Smart Lab Tech learns of any unauthorized or unlawful access to, or acquisition, alteration, use, disclosure, or destruction of personal data related to your account (“Security Incident”), Smart Lab Tech will take reasonable steps to notify you as soon as possible, but no later than 72 hours after learning of the Security Incident. Smart Lab Tech will also cooperate with you in a reasonable manner with respect to any investigations into a Security Incident, any required notices, and providing information reasonably requested by you and available to us in relation to any Security Incident, if such information is not already available to you in your account or online through Smart Lab Tech updates.
5. Your Content
You Retain Ownership of Your Content.
You retain ownership of all of your intellectual property rights in your Content. Smart Lab Tech does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited license described in these Terms.
Limited License to Your Content.
You grant Smart Lab Tech a worldwide, royalty-free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only as permitted by the Smart Lab Tech privacy notices and for the limited purposes of providing and improving the Services. With respect to aggregate and de-identified data produced from your Content, as well as any residual backup copies of your Content made in the usual course of Smart Lab Tech’s operations, this license for such restricted purposes continues even after you cease using our Services. This license also extends to any trustworthy third parties with whom we collaborate to offer and develop the Services to the degree necessary.
Representations and Warranties.
You represent and warrant that:
(a) you own or control the appropriate rights in and to your Content, including any intellectual property owned by third parties;
(b) You shall provide true, accurate, current, and complete registration information;
(c) You will keep such information current and accurate, and you will update such registration information as needed;
(d) You are of legal age and agree to abide by these Terms of Service;
(e) You will not use a bot, script, or any other automated or non-human means to access the Site;
(f) You will not use the Site in any way that is illegal or unauthorized;
(g) You will not break any applicable law or regulation by using the Site.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if you provide any information that is untrue, inaccurate, not current, or incomplete (or any portion thereof).
Responsibility for Your Content.
The Services may show content that is not held by Smart Lab Tech but rather by third parties. It is the responsibility of the business that makes such content available. You are responsible for your Content and must ensure that you have all of the necessary rights and permissions to use it in conjunction with the Services. Smart Lab Tech is not liable for any activities you do in relation to your Content, including publicly sharing it. Smart Lab Tech is not responsible for your Content, any other third-party content or materials, or any loss or damage resulting from your use of or reliance on such Content or other third-party content or materials, to the extent permitted by applicable law.
You accept that Smart Lab Tech may be obligated to analyze certain of your Content provided to the Services to determine if it is illegal or violates these Terms in order to ensure compliance with legal requirements (such as when unlawful content is reported to us). If we believe your Content violates the law or these Terms, we may alter, prevent access to, delete, or refuse to display it. We may ask you to file a statement of non-affiliation before you can use your Content in connection with the Services if it contains third-party brands, logos, or other source identifiers. Smart Lab Tech is not obligated to monitor or review any content posted to the Services in any other way.
6. IP Claims
Notices.
Smart Lab Tech responds to notices of alleged copyright infringement in accordance with applicable laws and regulations. If you believe that your work has been exploited in a way that constitutes copyright infringement, you may contact us through smartlabtech-eg.com/contact-us
Other IP Claims.
If you believe a Smart Lab Tech user is infringing upon your intellectual property rights, you may contact us through smartlabtech-eg.com/contact-us. Claims of copyright infringement should follow the process outlined in these Terms, or any equivalent process available under local law.
7. Smart Lab Tech IP
Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).
If you submit any feedback or suggestions to us regarding our Services, we may use and share them for any purpose without any compensation or obligation to you.
8. Third Party Resources
Smart Lab Tech may provide links to third-party internet websites through its Services. Smart Lab Tech makes no representation that such third-party websites have been inspected and is not responsible for their content. The trademarks used in association with the Services belong to their respective owners.
9. Account Management
Keep Your Password Secure.
If Smart Lab Tech has provided you with an account in conjunction with your use of the Services, you are responsible for keeping your password and any other credentials associated with that account safe. Whether or not you authorized the activity, you, not Smart Lab Tech, are liable for any action that occurs in your account (other than activity that Smart Lab Tech is directly responsible for and is not executed in accordance with your instructions). You should immediately tell Smart Lab Tech if you become aware of any illegal access to your account. Accounts cannot be shared and may only be used by one person at a time.
Keep Your Email and Account Details Accurate.
Smart Lab Tech occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.
Remember to Backup.
You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Smart Lab Tech will not be liable for any failure to store, or for loss or corruption of, your Content.
Account Inactivity.
If there has been no account activity (such as a log in event or payment) for more than 12 months, Smart Lab Tech may terminate your account and destroy any Content contained in it. However, we will endeavour to notify you through email prior to terminating your account in order to give you the option to log in and keep your account active.
10. User Requirements
Legal Status.
Individuals may only use the Services if they have the legal authority to make a contract with Smart Lab Tech. You may not use the Services if you lack the legal authority to do so. If you are not a person, you represent and warrant that you are lawfully constituted and existing under the laws of the jurisdiction in which you were established, that you have full capacity and authority to enter into these Terms, and that your agent has been duly authorized to bind you to these Terms.
Minors.
“Minors” are individuals under the age of 13 (or under a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
Embargoes.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United Kingdom or other applicable law from receiving the Services, you are not permitted to purchase any paid Services from Smart Lab Tech. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United Kingdom; and (b) you do not provide access to the Services to persons or entities embargoed.
11. PCI Compliance
PCI Standards.
If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). Smart Lab Tech provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.
Cardholder Data.
Smart Lab Tech is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder’s name, expiration date, and/or service code. Smart Lab Tech has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e., where Smart Lab Tech explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.
12. Suspension and Termination of Services
By You.
You can terminate your Subscription and delete your account at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately, and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Services, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.
By Smart Lab Tech.
(a) For Convenience. Smart Lab Tech may terminate your Subscription effective at the end of a billing cycle by providing at least 30 days’ prior written notice to you without refund for any prior period. Additionally, Smart Lab Tech may terminate your Subscription at any time during the billing cycle by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle.
(b) For Cause. Smart Lab Tech may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Smart Lab Tech has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Smart Lab Tech may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, depending upon the reason, we will endeavor to give you advance notice and an opportunity to obtain a copy of your Content from that Service. However, there may be time sensitive situations where Smart Lab Tech may decide that we need to take immediate action without notice. Smart Lab Tech will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Smart Lab Tech has no obligation to retain your Content upon termination of the applicable Service.
13. Changes and Updates
Changes to Terms.
Smart Lab Tech has the right to modify these Terms at any time to reflect changes in relevant law or upgrades to Services, as well as to account for new Services or functionality. On the Smart Lab Tech website, the most recent version will always be available. Smart Lab Tech will tell you via email if an amendment is material, as decided in its sole discretion by Smart Lab Tech. If you log in to your account, you may see a notice of revisions. Changes will take effect no sooner than the day they are publicly disclosed, unless we specify otherwise. If you do not agree to any changes to a Service’s terms, you should cease using it since, unless otherwise stated by law, continuing to use the Services indicates your consent to be bound by the revised terms.
Changes to Services.
Smart Lab Tech is always updating and improving its services. Smart Lab Tech reserves the right to change, modify, or delete functionality from any Service it offers to you at any time and without notice. Smart Lab Tech reserves the right to limit, suspend, or terminate any Service supplied to you at any time. If Smart Lab Tech terminates a Service, we will provide you with fair notice so that you can receive a copy of your Content from that Service. Smart Lab Tech reserves the right to delete content from the Services it offers you at any time and for any reason, though we will try to notify you if it has a major impact on you and if it is practicable under the circumstances.
Downgrades.
Downgrading your account plan may cause the loss of Content, features, functionality, or capacity of your account.
14. Disclaimers, Limitations of Liability and Indemnification
Disclaimers.
While it is in Smart Lab Tech’s interest to provide you with a great experience when using the Services, there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY GUIDANCE OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND SMART LAB TECH DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Exclusion of Certain Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, SMART LAB TECH (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF SMART LAB TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SMART LAB TECH (INCLUDING ITS AFFILIATES AND ITS AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO SMART LAB TECH FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) 200.00 Pounds.
IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND/OR LIMITATIONS ARE NOT PERMITTED BY LAW, WE ARE RESPONSIBLE TO YOU ONLY FOR YOUR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE ALL REASONABLE SKILL AND CARE OR THAT DIRECTLY RESULT FROM A MATERIAL BREACH OF THESE TERMS.
15. Consumers.
While our Services are most often used for business, we acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer using our Services for non-business reasons, nothing in these Terms limits any of those consumer rights.
16. Indemnification.
If you are a business, you will indemnify and hold harmless Smart Lab Tech (including its affiliates and its and their officers, agents, and employees) from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third-party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
17. Miscellaneous
Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the UK, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in the UK, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Assignment.
You may not assign these Terms without Smart Lab Tech’s prior written consent, which may be withheld in Smart Lab Tech’s sole discretion. Smart Lab Tech may assign these Terms at any time without notice to you.
Customer Lists.
Smart Lab Tech may identify you by name and logo as a customer of the Services on our websites and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
Entire Agreement.
These Terms (including the Additional Terms) constitute the entire agreement between you and Smart Lab Tech, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors.
The relationship between you and Smart Lab Tech is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation.
The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
No Waiver.
A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Severability.
If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
Third Party Beneficiaries.
There are no third-party beneficiaries to these Terms.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: support@smartlabtech-eg.com