We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Services, following the posting of any revisions to the Agreement on the Website (including this version of the Agreement), and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement and its changes, subject to the termination terms below. Any changes to the Agreement are effective immediately upon being posted to the Website. This version of the Agreement is effective immediately upon its posting to the Website.
Your activation and use of the Services represent your intention and agreement to be bound by all the terms in the Agreement. You represent that you are at least eighteen (18) years of age. If you are acting on behalf of a corporation, you represent that you have the authority to do so, and that accordingly, such corporation shall be bound by all the terms of the Agreement. You represent that the registration information provided is accurate and complete, and that it is your responsibility to keep your registration information current and up-to-date.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You further agree that you will not use your account, or enable your account to be used by a third party, to engage in any of the following activities:
As a condition of your use of the Services, you acknowledge and accept that we do not control - nor are we responsible for - any data, content, services, or products - including all softwares but the Application - that you access, download, receive or buy while using the Services. You acknowledge and understand that the Services are being primarily marketed and offered to you as an optimized Virtual Private Network ("VPN") privacy solution, offering selective, private browsing through proxy technology in a manner that optimizes your Internet browsing experience in terms of speed and downloading time, and that our technical support for anonymization with respect to specific domains is, will be, and/or has been, offered to you for the sole purposes of selectively anonymizing your IP address, in accordance with the standards of the VPN industry, in a manner that will optimize your Internet browsing experience in terms of speed and download times (for example, to ensure that VPN proxying does not incidentally impair the speed of delivery of content that is being offered to you by a third party through that party’s content delivery network). Accordingly, you acknowledge and agree that we are not in a position to determine your particular reasons for using the Services, other than for the generalized motivation to selectively anonymize your Internet browsing while optimizing your browsing for speed of download. You further acknowledge and agree that we are not in the position to determine whether you are particularly using the Services to facilitate contractual relations with any particular third party. Accordingly, you acknowledge and agree that using the Services to facilitate and optimize your private access to any third party services and/or content is solely at your own risk and discretion.
We are not a publisher of third party content accessed through the Service, and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties, as accessible through the Services. You are responsible for paying all fees and charges of any third party vendors whose sites, products, or services you access, buy or use via the Services.
Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect of selectively anonymizing your IP address for particular domains is strictly offered for the purposes enunciated herein this Agreement, and should not be, and will not be, interpreted by you as an endorsement by us of any particular domain’s services and/or content, nor should such technical support be interpreted by you as an inducement from us to engage in contractual relations with any third party.
As a condition of your use of the Services, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.
Pursuant to the delivery of any legal notice, we may be required to block access through the Services to certain information, transmissions, third party services, products, or domains in order to protect the Services, our network, the public, and our users. Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses. At all times, whatever the circumstances, our termination and refund policies below will apply.
Accordingly, if, for any reason, the Services are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service, effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply (see below) as if you had initiated the cancellation at that date.
You expressly agree that use of the Services is at your sole risk. We do not warrant that the Services will be error-free or uninterrupted. The Services are provided on an "as is", "as available" basis, without warranties of any kind, either express or implied. You understand that service disruptions are reasonably foreseeable in regard to the offering of the Services, and that dissatisfaction over the quality of the Services cannot serve as a basis for any refund over and above the termination and refund policies contained herein.
We do not make any warranty as to the results that may be obtained from your use of the Services. You understand and agree that we do not deal with, nor can we control, the content and/or data that you may cause to be delivered to you from third parties in the course of using the Services. You further understand and agree that we have no relationship with, nor do we endorse, nor do we hold ourselves out to be endorsed by, any third party content providers that may deliver content to you in the course of your use of the Services. Accordingly, you understand and agree that any decision you make to receive content and/or data in the course of using the Services is at your sole risk and responsibility, and that we shall bear no liability from you whatsoever arising out of your use of the Services, other than in accordance with the terms that have been expressly set out in this Agreement.
You further acknowledge and agree that we do not, and cannot, maintain control over the substance of the content and messages of those who are members of our affiliate program, and that characterizations of the nature and scope of the Services by such affiliates should not, and cannot, be relied upon as an accurate characterization of the nature and scope of the Services. Accordingly, you understand and agree that all characterizations of the Services that do not expressly originate from the Website should not, and cannot, be relied upon as accurate characterizations of the nature and scope of the Services, and that we do not endorse any message regarding, or characterization of, the Services that has not originally been posted by us to this Website.
Notwithstanding anything herein, as a condition of your use, and/or your continuing use, of the Services, you understand and agree that in no event shall the total liability of Smartflix Limited - including its employees, assigns, affiliates, agents, commercial associates, merchants or licensors - for all damages, losses, and causes of action, whether in contract, in tort, or otherwise, either jointly or severally, exceed the aggregate dollar amount of the unused portion of your subscription, prorated annually, as dated from the time you file any claim for damages (if you are on the annual subscription plan), or exceed the aggregate dollar amount paid by you to us in the thirty (30) days prior to the date of any claimed injury or damage (if you are on the monthly subscription plan).
Notwithstanding anything herein, you agree that in the event of any legal dispute you have with us regarding the interpretation of these terms herein, and in the event of any legal dispute you have with us pertaining to your use of the Services, you will forego litigation and take the matter to binding arbitration should you choose to proceed with your dispute, pursuant to the applicable laws of the Arbitration Act, under the jurisdiction of Hong Kong. You agree that the arbitration, should you choose to proceed, will take place in Hong Kong, and that you shall pay your proportionate share of the costs of arbitration. You agree that any arbitration shall be decided in accordance with the overall spirit, purposes, and commercial intent of this Agreement, notwithstanding any disagreement or dispute you may have over the interpretation of any particular term(s) herein. You further agree that any arbitration award in your favor shall not exceed the aggregate dollar amount for all causes and claims of damage and liability as specified herein.
Actual service coverage, speeds, locations and quality may vary. We will attempt to make the Services available at all times except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, and poor signal strength. You acknowledge that, under such circumstances, the Services may be interrupted, limited, or curtailed. We are not responsible for loss of data, nor for messages or pages lost, not delivered, delayed or misdirected, due to interruptions caused by performance issues with the Services. We may impose usage or service limits, suspend Services, or block certain kinds of usage in our sole discretion to protect users of the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
The Services will be automatically activated upon receipt to us of notification of successful payment. Your billing cycle begins on the date that we have received payment from you.
Monthly subscription plans: Account holders on monthly plans may cancel their account at any time. As no refunds will be provided for the unused portion of a monthly subscription, it is your responsibility to ensure that you cancel your subscription prior to the start of the next month’s billing cycle if you do not wish to be billed for that month. Notification of cancellation must be made to us in writing, either by letter or by email, or online through our billing system, in order to be valid. Cancellation shall be effective on the date that we receive your notification of cancellation. You understand and agree that refunds, if any, are at our sole, exclusive discretion, and that you are not otherwise entitled to any refunds under this plan.
Annual subscription plans: Account holders on annual plans may cancel their account at any time. Full refunds will only be issued to account holders who voluntarily cancel their annual subscription within the first thirty (30) days after purchase. Thereafter, all annual subscriptions are nonrefundable. You understand and agree that refunds, if any, thirty days after purchase, are at our sole, exclusive discretion, and that you are not otherwise entitled to any refunds under this plan. Prior to the end of your annual subscription period, you will receive notification by us that your annual subscription is coming to an end, and that your account will automatically be changed to a monthly subscription plan upon the conclusion of your annual subscription period. If you do not wish to continue with the Services at the conclusion of your annual subscription period, you must notify us by email at [email protected] with the information related to your account mentioned in our FAQ prior to the end of your annual subscription period, so that you will not be billed for the succeeding month under the monthly subscription plan. If you choose to carry on with the Services past the end of your annual subscription period, no further notification is required of you: your account will automatically be changed to a monthly subscription plan, and you will be billed according to a monthly billing cycle.
If an account holder is terminated for violation of the terms of the Agreement herein, the termination will be treated as if the account holder had initiated the cancellation, effective on the date that the account holder was terminated.
You are responsible for maintaining the confidentiality of your security credentials and/or passwords (if any), and are liable for any harm resulting from your disclosure, or your enabling of such disclosure, to any third party of your password or security credentials. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify us in writing, either by letter or by email.
The Website and Application do not, and will not, actively monitor user activity for inappropriate behavior, nor do we maintain direct logs of any customer's Internet activities. However, we reserve the right to investigate matters we consider to be illegal or violations of the terms of the Agreement. We may - but are not obligated - in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including, but not limited to, e-mails) that we consider to be actual or potential violations of the restrictions set forth in the Agreement, and act to prohibit any other activities that may subject us, or our customers, to liability.
We will never intentionally disclose any private electronic communication or personal customer information unless required to do so by law enforcement or by operation of law.
It is a severe violation of the terms of the Agreement to employ the Services in a manner that infringes on trademark, copyright, and any other kind of intellectual property. In the course of using the Services, should you induce a third party to deliver content to you, you undertake to pay all compensation due by you to any third party content provider(s), in return for their delivery of content to you. Use of the Services while engaging in any act of piracy - for example, the accessing of third party fee-based content services without providing compensation due to the content service providers - is strictly prohibited, and will result in an immediate termination of your account for any such violation that comes to our attention.
Covenant of Non-Competition
As a condition of your use, and/or your continued use, of the Services, you undertake not to employ your account and registration with us as a means to gather information and/or insight for use - on behalf of yourself and/or on behalf of any associate, whether personal or corporate - toward the development of any business enterprise that could reasonably be deemed to be competitive with the Website, the Application and the Services. As a condition of your use, and/or your continued use, of the Services, you acknowledge and understand that we reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Website, the Application and the Services.
In the event that any term in the Agreement is held to be vague, uncertain, or invalid, all other terms shall nevertheless remain in full force and effect. Where any term or circumstance under the Agreement is held to be vague or uncertain, it is agreed by you that the resolution of any vague or uncertain terms or circumstances shall be made in accordance with the overall spirit, general purpose, commercial intent, and undertakings as set out in this Agreement. This Agreement shall in all respects be governed and construed in accordance with the laws of Hong Kong applicable therein.