Terms of Service
IMPORTANT - READ CAREFULLY: USE OF THE SELMO WEBSITE, SELMO SERVICES AND ASSOCIATED SOFTWARE (THE 'SERVICES') IS CONDITIONED UPON YOUR COMPLIANCE AND ACCEPTANCE OF THESE TERMS. BY SIGNING IN TO THE Selmo SERVICE AREA OR BY UTILIZING THE Selmo SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THE Selmo SERVICES ARE NOT AVAILABLE TO PERSONS UNDER 13 YEARS OF AGE.
This is a legal agreement ('Agreement') between a User and Smartube (doing business as 'Selmo'), for use of the Selmo services, which may include the Selmo service, and/or web services provided by Selmo ('Services') through Selmo.com web site. 'User' refers to an individual or a company who uses Selmo for getting online assistance (Client) or for providing assistance or getting access to unattended computers (registered as a Selmo Technician). Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. SERVICES. Selmo will provide the Services in accordance with this Agreement. Selmo may at its sole discretion modify the features of the Services from time to time without prior notice.
2. RESPONSIBILITY FOR INFORMATION ACCURACY AND CONTENT. While registering a Selmo account, User submits valid postal address information and a valid e-mail address. User agrees to be solely responsible for the content of all visual, written or audible communications User sends. This applies to the content uploaded and otherwise incorporated by User to customize Selmo visual appearance. User further agrees to not use the Services and Selmo website to transfer or upload any data that is harassing, libelous, threatening, or obscene, or data that would violate the intellectual property rights of any party or data that is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Selmo is not responsible for any such communications, Selmo may stop, block, ban or delete any such communications of which Selmo becomes aware, at any time without notice to User. User must not share his Selmo account and password with anybody else; otherwise, account may be suspended.
3. CHARGES. VISA, MasterCard, cards are accepted for payment.
The service of payment via the Internet is carried out in accordance with the Rules of the international payment systems Visa and MasterCard on the principles of confidentiality and security of payment, for which the most modern methods of verification, encryption and data transmission over closed communication channels are used.
On the page for entering bank card data, you will need to enter bank card details: card number, cardholder name, card expiration date, three-digit security code (CVV2 for VISA, CVC2 for MasterCard). All the necessary data is printed on the card itself. The three-digit security code is the three digits on the back of the card.
Next, you will be redirected to the page of your bank to enter the security code, which will come to you via SMS. If the security code did not come to you, then you should contact the bank that issued you the card.
Causes to refuse to make a payment:
- a bank card is not appropriate for making payments via the Internet, which can be found out by contacting your Bank;
- not enough funds to pay on a bank card. You can find out more about the availability of funds on a bank card by contacting the bank that issued the bank card;
- the bank card details were entered incorrectly;
- the bank card has expired. The validity period of the card, is usualy placed on the face of the card (this is the month and year until which the card is valid). You can find out more about the validity period of the card by contacting the bank that issued the bank card;
For payment with a bank card and other issues related to the operation of the site, you can email info@selmo-pro.
The personal information you provide (name, address, phone number, e-mail, bank card number) is confidential and not subject to disclosure. Your credit card information is transmitted only in encrypted form and is not stored on our web server.
Selmo provides User with a Trial Period at no charge to test and evaluate the Service functionality and features. After the Trial Period expires, User is offered an opportunity to continue using the Service on a paid basis.
User agrees that if User has purchased Selmo and provided his or her own credit card (or another payment method) details, then Smartube will charge User for all amounts due and owing to the Services, including Service fees, set up fees, subscription fees, or any other fee or charge (when applicable) associated with User's use of the Services. Selmo may change price and service fees at any time without prior notice. New price will take effect for the next billing period for User. User agrees that in case Selmo is unable to collect the fees owed to Selmo for the Services, Selmo can temporarily block User's account.
4. COMMERCIAL USE. It is allowed to use Selmo for personal, small business and corporate use. User may not resell, distribute, make any commercial use of, or use to operate a Website or otherwise generate income from the Services without written permission from Selmo.
5. PROPRIETARY RIGHTS. Selmo and/or its suppliers, as applicable, retain ownership of all proprietary rights of the Services and of all trade names, trademarks and service marks associated or displayed with the Services. User must not remove, deface or obscure any of Selmo's or its suppliers' copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services, if not explicitly permitted by Selmo. User must not reverse engineer, reverse compile or otherwise reduce to human readable form any part of the Services or their components.
6. TERMINATION. User may terminate this Agreement by providing written notice to Selmo via e-mail to . Such termination will be effective on the later of the following: (a) the last day of the term (if the Agreement has a fixed term), or (b) thirty (30) days after Selmo has received User's written termination notice. If User has failed to comply with any provision of this Agreement, Selmo may terminate this Agreement immediately without notice. Sections 2 through 11, inclusive, survive any termination of this Agreement. Upon any termination of this Agreement, User must cease any further use of the Services and destroy any copies of associated software within User's possession and control. For Trial Period users, once User's account remains inactive for a long period of time (6 months and more), Selmo reserves the right to terminate User's account and remove all the information associated with that User from Selmo system.
7. EXPORT RESTRICTIONS. User acknowledges that the Services or portion thereof may be subject to the export control laws of the South Africe. User will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
8. INJUNCTIVE RELIEF. User acknowledges that any use of the Services contrary to this Agreement, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Services, may cause irreparable injury to Selmo, its affiliates, suppliers and any other party authorized by Selmo to resell, distribute, or promote the Services ('Resellers'), and under such circumstances Selmo, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
9. NO WARRANTIES. USER UNDERSTANDS AND AGREES THAT THE SERVICES ARE PROVIDED 'AS IS' AND SELMO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SELMO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT USER'S SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT USER'S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH USER.
User agrees to indemnify, defend and hold harmless Selmo, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from User's use of the Services, User's violation of this Agreement or the infringement or violation by User or any other user of User's account, of any intellectual property or other right of any person or entity. Without limiting the foregoing, the Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems. Without limiting the generality of the foregoing, Selmo, its affiliates, suppliers and resellers specifically disclaim any express or implied warranty of fitness for such purposes.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELMO OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF Selmo, ITS AFFILIATES, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SELMO'S, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND USER'S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY USER FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to User.
11. DELIVERY OF THE SERVICES AND THE PRODUCTS, if any, shall be made at the moment of payment. In case you are unable to receive the services and the products you purchase, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the services and the products you purchased will be considered received, and delivered to you. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, unless stated otherwise. You are responsible for paying any such applicable tax.
You acknowledge that the amount billed for the Service Plan may vary for reasons that include promotional offers, changes in the User Account, or changes in the amount of applicable sales tax/VAT/GST etc., and you authorize us to bill you for such varying amounts.
12. REFUND POLICY. To place a refund, return or exchange request for an order placed, You would need to contact us via email at info@selmo-pro.com and provide a reason for your request.
Your request will be reviewed within a 5 days and we will notify you via email of the results. We reserve the right to extend the standard response time in exceptional cases.
If you choose to pay by check or money order, you may cancel your Order before making the payment or in case the payment is not received by us in 30 days.
If the refund request is granted, payments are refunded in 30 days.
13. MISCELLANEOUS
13.1 Waiver and Severability. Failure by either party to exercise any of its rights hereunder, or to enforce any provision hereof, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
13.2 General Provisions. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Selmo may change the terms of this Agreement at any time by posting modified terms on its website and amending respective terms incorporated into the Service components. This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. All notices or other correspondence to Selmo under this Agreement must be sent to the address provided in Section 6 above, or other address as provided by Selmo for such purpose. Any and all rights and remedies of Selmo upon User's breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Selmo, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
CONTACT
Company name Selmo Pte. Ltd.
Registration number (UEN) 202218357H
Company address 68 Circular Road, #02-01, 049422, Singapore
Email: info@selmo-pro.com