Terms of Use

Welcome to Smartgate (“Smartgate”) website or App (the “Website”).

 

These Terms of Use (the “Terms of Use”) describe the terms and conditions applicable to your access and use of the Website and its content. Your right to use the Website is based in the authorization we have granted by written to our Customer (Customer), who is usually your employer or hiring company. To the extent that you have entered into a written agreement with Smartgate containing terms that directly conflict with any terms of these Terms of Use, then the conflicting terms set forth in the written and mutually fully executed agreement shall prevail.

 

SMARTGATE may revise these Terms of Use at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. Changes to these Terms of Use will not be applied retroactively.

 

You accept these Terms of Use by using the Website

 

Permitted Uses

So long as you agree and comply with the terms of these Terms of Use, and solely if you have been authorized by our Costumer, SMARTGATE authorizes you to view and use the Website, as follows:

 

You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.

You agree and understand that you must keep all the content of the Website confidential. 

  • You must not:
    • download any material and/or content from our Website or save any such material and/or Content to your computer or other device. 
    • edit or otherwise alter or modify any material, information, content or any other item of our Website. republish any material and/or content;
    • sell, rent, license or sub-license any material and/or content;
    • publicly screen any material and/or content; 
    • use or exploit any material and/or content for a commercial purpose; or 
    • redistribute any material and/or content for any purpose.
    • use our Website in any way or take any action that causes, or may cause, damage or impairment of the performance, availability, visibility or accessibility of the Website or the Content;
    • use our Website or Content in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
    • use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
    • conduct any systematic or automated data collection activities (including, without limitation to, scraping, data mining, extraction and data harvesting) on or in relation to our Website without our clear and express written consent;
    • use our Website or Content in any way that is false or misleading;
    • use our Website in any way or take any action that violates or disrespects another person’s privacy or includes any copies of another person’s confidential, sensitive or personal data

We reserve the right to restrict access to certain sections/ parts of our Website, or our entire Website as a whole, at our discretion. Pursuant to this section, you must not circumvent or evade, or attempt to circumvent or evade, any restriction of access measures on our Website.

 

Proprietary Rights

The Website and the Content are the sole and exclusive property of SMARTGATE and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by SMARTGATE in writing. You hereby acknowledge and agree that, as between SMARTGATE and you, all right, title, and interest in and to the Website shall be owned exclusively by SMARTGATE. Use of the Website in any way not expressly permitted by these Terms of Use is prohibited.

 

Trademarks

Unauthorized use of any SMARTGATE trademark or logo are prohibited, and may be a violation of applicable trademark laws. 

 

Copyright

Copyright © 2021 SMARTGATE.  All rights reserved.  The Website is protected by international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without SMARTGATE’ express prior written permission.

 

 

Privacy

Please read our Privacy Policy [INSERT LINK] to understand how we use data collected by the use of the Website. 

 

Disclaimers and Limitation of Liability

  1. THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMARTGATE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
  2. SMARTGATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTGATE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE CONTENT, OR THE GOODS OFFERED OR SOLD THROUGH THE WEBSITE, EVEN IF SMARTGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

Indemnity

You agree to indemnify, defend and hold SMARTGATE, its subsidiaries, and affiliates, and their respective officers, agents, members, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of your use of the Website and/or breach of these Terms of Use.

 

Miscellaneous

  1. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force. 
  2. SMARTGATE’ failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive SMARTGATE’ right to act with respect to subsequent or similar failures. 
  3. These Terms of Use set forth the entire understanding and Terms of Use between you and SMARTGATE with respect to the subject matter hereof. 
  4. SMARTGATE reserves the right to seek all remedies available at law for violations of these Terms of Use and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address. 
  5. These Terms of Use will be governed, construed, and enforced in accordance with the laws of Costa Rica, without regard to its conflict of laws rule.

Contact

If you have any questions, concerns, or suggestions regarding these Terms of Use, please contact us using support@smartgate.tech.