Terms of Service
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the means https://www.smartship.ie/ (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and SmartShip (“SmartShip”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and SmartShip, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
“Client”- means an individual that books and accepts our services for our fulfilment services;
“Customer” – any recipient to which the SmartShip ships the Goods to. For the avoidance of doubt, the SmartShip does not have any contract with the Customer
“Contract” means the legally binding agreement between you and us for fulfilment and delivery of your Goods;
“Delivery Location” means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
“Durable Medium” means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
“Goods” means the fulfilment services that we provide as advertised on the Website;
“Website” means our website https://www.smartship.ie.
“Carriage” means the whole of the operations and services undertaken or performed by or on behalf of the SmartShip in respect of the Goods.
“Charges” includes all expenses and money obligations incurred and payable by the Client.
“Person” includes an individual, a partnership, a body corporate or other entity.
You become a user of Services (“User”) by completing the registration of an account for Services (“Account”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 18. Services are not intended for persons under 18 and SmartShip will not knowingly collect personal information from persons under the age of 18.
You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify the SmartShip immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account for the same SmartShip service at any given time.
- CLIENT’S RESPONSIBILITY
2.1 The description and particulars of the Goods set out by the Client, the Client warrants to SmartShip that the description and particulars including, but not limited to, of weight, content, measure, quantity, quality, condition, marks, numbers, volume and value are accurate and correct.
2.2 The Client undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable and shall indemnify SmartShip for loss or expense due to Client’s failure to comply with this provision.
2.3 No Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any property or Person whatsoever shall be tendered to SmartShip for Carriage without SmartShip ’s express consent in writing following provision of a full declaration in writing of their nature and contents and without the Container or other covering in which the Goods are to be transported being distinctly marked on the outside so as to indicate the nature and character of any such Goods and so as to comply with all applicable laws, regulations and requirements. If any such Goods are delivered to SmartShip without a full declaration in writing, written consent and marking or if in the opinion of SmartShip the Goods are or are liable to become of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Client and without prejudice to the SmartShip’s right to Charges.
2.4 The Client shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the delivery of their goods by SmartShip or any Person or vessel (other than the Client) caused by the Client or any Person acting on their behalf or for which the Client is otherwise responsible.
2.5 The Client guarantees payment of all Charges for the fulfilment and delivery of Goods due in accordance with SmartShip’s terms and conditions applicable price rates.
2.6 The Client shall defend, indemnify and hold harmless SmartShip against any loss, damage claim, liability or expense whatsoever arising from any breach of the provisions of this clause 2 or from any cause in connection with the Goods for which SmartShip is not responsible.
- DELIVERY OF GOODS
It is the Client’s responsibility to ensure that the Client has given SmartShip the correct delivery address and any special delivery instructions. If the Client or their nominee fail, through to no fault of SmartShip, to take delivery of the Goods at the Delivery Location, SmartShip may charge the reasonable costs of storing and redelivering them. The Goods will become the Client’s responsibility from the completion of delivery.
- BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
The Client agrees to pay all fees or charges to their Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. The Client also agrees to pay all applicable taxes. The Client must provide SmartShip y with valid payment information in connection with Good. By providing SmartShip with the Client’s payment information, the Client agrees that
SmartShip is authorised to immediately invoice their Account for all fees and charges due and payable to SmartShip hereunder,
SmartShip is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and
no additional notice or consent is required for the foregoing authorisations. The Client agrees to immediately notify SmartShip of any change in their payment information. SmartShip reserves the right at any time to change its prices and billing methods. If payment cannot be charged to the Client’s payment card or their payment is returned for any reason, SmartShip reserves the right to either suspend or terminate the Client’s access to the paid-for services.
If the Client’s use of Services is subject to any type of use or sales tax or VAT, then SmartShip may also charge the Client for those taxes.
- LEGAL TITLE
The Client warrants that in agreeing to the terms hereof he/she is or is the agent of and has the authority of the Person owning or entitled to the possession of the Goods or any Person who has a present or future interest in the Goods a valid legal title and rights to ship the Goods through SmartShip.
- REGULATIONS RELATING TO GOODS
The Client shall comply with all regulations or requirements of Customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient declaration, marking, numbering or addressing of the Goods and indemnify the SmartShip in respect thereof.
- ACCURACY OF INFORMATION
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
- PROHIBITED USES
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose.
(b) to solicit others to perform or participate in any unlawful acts.
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
(f) to submit false or misleading information.
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet.
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape.
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
- TERMINATION, CANCELLATION AND REFUND
When the Client has entered into an agreement with SmartShip by using our services and making payment for same. Requests for refunds may only be accommodated in the following circumstances:
where SmartShip has not already begun or shipped out the Goods to the Customer.
where the shipping does not require same day facilitation, in which case a minimum 24hour notice period by the Client is applicable.
SmartShip will make refunds less direct costs to itself including any handling costs. Without prejudice to any other rights and remedies available, SmartShip shall have the right to terminate the Contract for the provision of all or any of the Services upon written notice if the Client commits a serious breach of these conditions. On termination for any reason whatsoever, the Client shall immediately make payment to SmartShip of all and any sums outstanding and owing to SmartShip under these conditions (including the Charge or any outstanding balance)
If the Client has any questions or complaints regarding Our Platform or any other aspect of our service, please email us at [email protected]. Any services provided by Us must be provided with reasonable care and skill and in compliance with the information provided by Us. If We fail to do so, you may be entitled to require Us to Cancel or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund will be provided to the Client.
- CONFIDENTIALITY AND DATA PROTECTION
Unless (i) we are required under any provision in the applicable national or international legislation and regulations, including professional rules and regulations, to disclose information, or (ii) we or persons affiliated with or working for us act in any disciplinary, civil, administrative or criminal proceedings in which this information may be of importance, we and the person(s) assigned by us shall neither disclose confidential information and personal data nor provide such information to third parties, when undertaking our work we act in accordance with the local data protection laws and the General Data Protection Regulation.
You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services offered through our website is at your sole risk, and the services are provided on an “as is” and “as available” basis, with all faults. to the fullest extent permitted by applicable law, SmartShip expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement arising from the use of the services and products. SmartShip make no warranty, representation, or condition that: (1) the services will meet your requirements or (2) your use of the services will be uninterrupted, timely, secure, or error-free.
To the maximum extent permitted by applicable law, SmartShip shall not be liable for any loss of profits or revenue or for indirect, incidental, punitive, exemplary, special, or consequential damages, or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not the SmartShip has been advised of the possibility of such damages.
SmartShip assume no responsibility for the timeliness, deletion, mis delivery or failure to store any content, user communications or personalization settings. without limiting the foregoing, SmartShip will not be liable for damages of any kind resulting from your use of or inability to use the service or transactions or transfers relating to products, or from any third-party materials, including from any virus that may be transmitted in connection therewith, and including from any dispute with any other user of the service.
- LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither SmartShip, its licensors, nor their affiliates, nor any of SmartShip’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the services, your account, your subscriptions and the content and services including, but not limited to, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. in no event will SmartShip be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the services, the content and services, the subscriptions, and any information available in connection therewith, or the delay or inability to use the content and services, or any information, even in the event of SmartShip’s or its affiliates’ fault, tort (including negligence), strict liability, or breach of SmartShip’s warranty and even if it has been advised of the possibility of such damages. these limitations and liability exclusions apply even if any remedy fails to provide adequate recompense.
Your sole and exclusive remedy for dissatisfaction with the services or any third party materials is to stop using the services. Without limiting the foregoing, under no circumstances will the total aggregate amount that SmartShip are liable to you exceed the greater of the total amount paid to SmartShip by you during the twelve months prior to the act, omission or occurrence giving rise to such liability.
- NO GUARANTEES
To the maximum extent permitted by applicable law, neither the SmartShip nor its affiliates guarantee continuous, error-free, virus-free or secure operation and access to the services, the content and services, your account and/) or any information available in connection therewith.
You agree to indemnify and hold the SmartShip, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the ” SmartShip”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any claims concerning: (a) your content; (b) your use/misuse of the services; (c) your violation of this agreement; (d) your violation of any rights of another party, including any users; (e) your violation of any applicable laws, rules or regulations; (f) third-party claims that you or someone using your password did something that, if true, would violate any of these terms, (g) any misrepresentations made by you, or (h) a breach of any representations or warranties you’ve made to us. SmartShip reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SmartShip in asserting any available defences.
This document is governed by and are to be construed in accordance with the Republic of Ireland. All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.
A. Electronic Communications
The communications between you and SmartShip use electronic means, whether you visit the Website or send SmartShip e-mails, or whether SmartShip posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from SmartShip in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that SmartShip provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SmartShip’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
C. Force Majeure
SmartShip shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
D. Questions, Complaints, Claims
If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Website (i[email protected]). We will do our best to address your concerns.
Where SmartShip requires that you provide an e-mail address, you are responsible for providing SmartShip with your most current e-mail address. In the event that the last e-mail address you provided to SmartShip is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by this Agreement, SmartShip’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SmartShip at the following address: Unit 2, Riverside, Whitestown Industrial Estate, Whitestown Road, Tallaght, Dublin 24, D24W4FX. Such notice shall be deemed given when received by SmartShip by letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Except as otherwise expressly set forth in this Agreement, in the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
H. Export Control and Insurance
You agree to comply with all applicable import/export laws and regulations. SmartShip has an Insurance cover of €100 per shipment and also insurance cover the stock in the warehouse, Clients and customers are encouraged to have their own insurance for the cover of their parcels/products.
I. Entire Agreement
J. Rights of Third Parties
You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
K. Complying with Law
SmartShip’s obligations are subject to existing laws and legal processes and SmartShip may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
L. Revision Date
This Agreement was last updated on 28 October 2021 (“Revision Date”). We may, at any time and without liability, modify or discontinue all or part of the Services; charge, modify or waive any fees or charges required to use the Services; or change the Terms and Conditions of Services for some or all of our users. If you were a user before the Revision Date, it replaces your existing agreement with the Company.