TERMS AND CONDITIONS

General Terms

By accessing and placing an order with KetoSmart, you confirm that you agree and be bound by the terms of service contained in the Terms and Conditions described below. These terms apply to the entire website and to any email or other communication between you and KetoSmart.

Under no circumstances will the KetoSmart team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profits arising from the use or inability to use, the materials on this site, even if the KetoSmart team or an authorized representative has been informed of the possibility of such damage. If your use of materials on this site results in the need for service, repair or correction of equipment or data, you bear the costs of the same.

KetoSmart will not be responsible for any results that may occur during the course of using our resources. We reserve the right to change prices and revise the resource usage policy at any time.

Licence

KetoSmart grants you a revocable, non-exclusive, non-transferable and limited license to download, install and use the platform strictly in accordance with the terms of this Agreement.

These Terms and Conditions are a contract between you and KetoSmart (referred to in these Terms and Conditions as “KetoSmart”, “we”, or “our”), the provider of the KetoSmart website, and the services accessible from the KetoSmart website. (collectively referred to in these Terms and Conditions as the “KetoSmart Service”).

You agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the KetoSmart Service. In these Terms and Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms and Conditions, we reserve the right to terminate your account or block access to your account without prior notice.

Definitions and key terms

To help explain things as clearly as possible in these Terms and Conditions, whenever any of these terms are referenced, they are strictly defined as:

Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you, such as your language preference or login information.

Company: when these Terms and Conditions mention “Company”, “we”, “us” or “our”, it refers to Marketing & Billing Sollutions (C / O ́Donnell, No 12, 2o – 28009 Madrid), which is responsible for your information under these Terms and Conditions.

Platform – KetoSmart public-facing internet website, web app, or digital app.

Country: where KetoSmart or the owners / founders of KetoSmart are located, in this case it is Spain

Device – Any device connected to the Internet, such as a phone, tablet, computer, or any other device that can be used to visit KetoSmart and use the services.

Service: refers to the service provided by KetoSmart as described in the relative terms and on this platform.

Third Parties – Refers to advertisers, contest sponsors, marketing and promotional partners, and others who provide our content or whose products or services we think you may be interested in.

Website: The KetoSmart site, which can be accessed via this URL: https://ketosmart.diet

You: a person or entity that is registered with KetoSmart to use the Services.

Restrictions

You agree not to do so and will not allow others to:

License, sell, rent, lease, assign, distribute, transmit, host, subcontract, disclose or commercially exploit the platform or make the platform available to third parties.

Modify, make derivative works, disassemble, decrypt, reverse compile, or reverse engineer any part of the platform.

Remove, alter, or hide any proprietary notices (including any copyright or trademark notices) of its affiliates, partners, suppliers, or licensees of the platform.

Return and Refund Policy

Thank you for shopping at KetoSmart. We appreciate the fact that you like to buy the things we build. We also want to make sure you have a rewarding experience while exploring, evaluating, and purchasing our products.

As with any shopping experience, there are terms and conditions that apply to transactions at KetoSmart. We will be as brief as our attorneys allow. The main thing to remember is that by placing an order or making a purchase from KetoSmart, you agree to the terms along with the KetoSmart Privacy Policy.

If for any reason you are not completely satisfied with any good or service that we provide, please do not hesitate to contact us here and we will discuss any of the problems you are experiencing with our product.

Your suggestions

Any comments, ideas, improvements or suggestions (collectively, “Suggestions”) that you provide to KetoSmart regarding the platform will remain the sole and exclusive property of KetoSmart.

KetoSmart will be free to use, copy, modify, post or redistribute the Suggestions for any purpose and in any way without any credit or compensation to you.

Your consent

We have updated our Terms and Conditions to give you full transparency about what is set when you visit our site and how it is used. By using our platform, registering an account, or making a purchase, you hereby agree to our Terms and Conditions.

Links to other Websites

These Terms and Conditions apply only to the Services. The Services may contain links to other websites that KetoSmart does not operate or control. We are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not investigated, monitored, or verified for our accuracy or completeness. Remember that when you use a link to go from the Services to another website, our Terms and Conditions are no longer in effect. Your navigation and interaction on any other website, including those that have a link on our platform, are subject to that website’s own rules and policies. These third parties may use their own cookies or other methods to collect information about you.

Cookies

KetoSmart uses “cookies” to identify the areas of our website that you have visited. A cookie is a small piece of data that your web browser stores on your computer or mobile device. We use cookies to improve the performance and functionality of our platform, but they are not essential for your use. However, without these cookies, certain features, such as videos, may not be available or you will be prompted to enter your login details each time you visit the platform as we cannot remember that you were logged in previously. Most web browsers can be configured to disable the use of cookies. However, if you disable cookies, you may not be able to access the functionality of our website correctly or at all. We never put personally identifiable information in cookies.

Changes to our Terms and Conditions

Usted reconoce y acepta que KetoSmart puede dejar de brindarle (de forma permanente o temporal) el Servicio (o cualquier función dentro del Servicio) a usted o a los usuarios en general, a discreción exclusiva de KetoSmart, sin previo aviso. Puede dejar de utilizar el Servicio en cualquier momento. No es necesario que informe específicamente a KetoSmart cuando deje de usar el Servicio, pero si quiere cancelar la suscripción debe escribirnos o contactarnos aquí. Usted reconoce y acepta que si KetoSmart deshabilita el acceso a su cuenta, es posible que no pueda acceder al Servicio, los detalles de su cuenta o cualquier archivo u otro material contenido en su cuenta.

Si decidimos cambiar nuestros Términos y condiciones, publicaremos esos cambios en esta página y / o actualizaremos la fecha de modificación de los Términos y condiciones a continuación.

Modifications to our platform

KetoSmart reserves the right to modify, suspend or interrupt, temporarily or permanently, the platform or any service to which it connects, with or without prior notice and without liability to you.

Updates to our platform

KetoSmart may, from time to time, provide enhancements to the platform’s features / functionality, which may include patches, bug fixes, updates, enhancements, and other modifications (“Updates”).

Updates may modify or eliminate certain features and / or functionalities of the platform. You agree that KetoSmart has no obligation to (i) provide Updates, or (ii) continue to provide or enable particular features and / or functionality of the platform.

You further agree that all Updates (i) will be considered an integral part of the platform and (ii) will be subject to the terms and conditions of this Agreement.

Thirdparty services

We may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that KetoSmart will not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. KetoSmart does not assume and will not have any obligation or liability to you or any other person or entity for the Third Party Services.

Third Party Services and links to them are provided solely for your convenience and you access and use them entirely at your own risk and subject to the terms and conditions of such third parties.

Duration and Termination

This Agreement will remain in effect until terminated by either you or KetoSmart.

KetoSmart may, at its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from KetoSmart, should you fail to comply with any of the provisions of this Agreement. You may also terminate this Agreement by removing the platform and all copies of it from your computer.

Upon termination of this Agreement, you must stop using the platform and delete all copies of the platform from your computer.

Termination of this Agreement will not limit any of KetoSmart’s rights or remedies by law or in equity in the event of your breach (during the term of this Agreement) of any of its obligations under this Agreement.

Notice of copyright infringement

If you are the copyright owner or the owner’s agent and believe that any material on our platform constitutes copyright infringement, please contact us and provide the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate and, under penalty of perjury, you are authorized to act on behalf of the owner.

Compensation

You agree to indemnify and hold KetoSmart and its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or lawsuit, including reasonable attorneys’ fees, due to arising. of your: (a) use of the platform; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No guarantees

The platform is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, KetoSmart, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, legal or otherwise, with respect to the platform, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of deal, course of performance, use, or business practice. Without limitation to the foregoing, KetoSmart makes no warranty or commitment, and makes no representation of any kind that the platform will meet your requirements, achieve intended results, be compatible with, or work with any other software, websites, systems, or services. , operate without interruptions, meet performance or reliability standards or have no errors or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither KetoSmart nor any supplier of KetoSmart makes any representation or warranty of any kind, express or implied: (i) regarding the operation or availability of the platform, or the information, content and materials or products included in the same; (ii) that the platform will be uninterrupted or error-free; (iii) regarding the accuracy, reliability or validity of any information or content provided through the platform; or (iv) that the platform, its servers, content or emails sent from or on behalf of KetoSmart are free of viruses, scripts, Trojans, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations on a consumer’s applicable legal rights, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

Notwithstanding any damages you may incur, the total liability of KetoSmart and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing will be limited to the amount actually paid by you for the platform.

To the maximum extent permitted by applicable law, in no event will KetoSmart or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for lost profits, loss of data or other information , for business interruption, for personal injury, for loss of privacy arising in any way related to the use or inability to use the platform, third-party software and / or – third-party hardware used with the platform, or other mode in relation to any provision of this Agreement), even if KetoSmart or any supplier has been informed of the possibility of such damages and even if the remedy does not fulfill its essential purpose.

Some states / jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Divisibility

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be changed and interpreted to achieve the objectives of that provision to the fullest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices posted by KetoSmart on the Services, will constitute the entire agreement between you and KetoSmart regarding the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. No waiver of any term of this Agreement shall be deemed an additional or continuing waiver of such term or any other term, and KetoSmart’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right. or provision. YOU AND KetoSmart AGREE THAT ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THE SERVICES MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION IS AGREED. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY PROHIBITED.

Resignation

Except as provided herein, failure to exercise a right or require compliance with an obligation under this Agreement will not affect the ability of one of the parties to exercise said right or require such compliance at any later time, nor will it constitute waiving a violation. any subsequent breach.

No failure to exercise, or delay in the exercise, by either party, of any right or power under this Agreement shall operate as a waiver of that right or power. The sole or partial exercise of any right or power under this Agreement will not prevent the subsequent exercise of that or any other right granted in this document. In the event of a conflict between this Agreement and any purchase or other applicable terms, the terms of this Agreement will govern.

Amendments to this Agreement

KetoSmart reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If a revision is important, we will provide at least 30 days notice before the new terms take effect. What constitutes a material change will be determined in our sole discretion.

By continuing to access or use our platform after the revisions take effect, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use KetoSmart.

Entire agreement

The Agreement constitutes the entire agreement between you and KetoSmart regarding your use of the platform and supersedes all prior and contemporaneous written or oral agreements between you and KetoSmart.

You may be subject to additional terms and conditions that apply when you use or purchase other KetoSmart services, which KetoSmart will provide to you at the time of such use or purchase.

Updates to our Terms

We may change our Service and our policies, and we may need to make changes to these Terms to accurately reflect our Service and our policies. Unless otherwise required by law, we will notify you (for example, through our Service) prior to making changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to accept these or any of the updated Terms, you can delete your account.

Intellectual property

The platform and all its content, features and functionality (including, but not limited to, all information, software, text, screens, images, video and audio, and their design, selection and arrangement), are the property of KetoSmart, its licensors or other providers of such material and are protected by CO and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of KetoSmart, unless and except as expressly stated in these Terms and Conditions. Any unauthorized use of the material is prohibited.

Arbitration Agreement

This section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO CLAIMS FOR UNJUNCTIVE OR EQUITABLE REMEDIES REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR INTELLECTUAL PROPERTY RIGHTS OR KetoSmart. The term “dispute” means any dispute, action or other controversy between you and KetoSmart in relation to the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” shall have the broadest possible meaning allowed by law.

Dispute Notice

In the event of a dispute, you or KetoSmart must give the other a Notice of Dispute, which is a written statement that sets out the name, address, and contact information of the party that provided it, the facts that led to the dispute and the requested repair. You should send any Dispute Notice by email to: [email protected] KetoSmart will mail any Dispute Notice to your address if we have one, or otherwise to your email address. You and KetoSmart will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Dispute Notice is sent. After sixty (60) days, you or KetoSmart can begin arbitration.

Mandatory Arbitration

If you and KetoSmart do not resolve any dispute through informal negotiation, any other effort to resolve the dispute will be conducted exclusively through binding arbitration as described in this section. You are giving up the right to litigate (or participate as a party or class member) all disputes in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek provisional or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties pending completion of the arbitration. Any and all legal, accounting and other costs, fees and expenses incurred by the winning party will be borne by the non-winning party.

Sending and Privacy

In the event that you submit or post ideas, creative suggestions, designs, photos, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will be made automatically. it will be treated as non-confidential and non-proprietary and will become the exclusive property of KetoSmart without any compensation or credit to you. KetoSmart and its affiliates will have no obligations with respect to such postings or postings and may use the ideas contained in such postings or postings for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

KetoSmart may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information about yourself. Please note that all promotions may be governed by separate rules that may contain certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all Promotions rules to determine whether you are eligible to participate or not. By participating in any Promotion, you agree to abide by all Promotion Rules.

Additional terms and conditions may apply to purchases of goods or services through the Services, the terms and conditions of which are part of this Agreement by this reference.

Typographical errors

In the event that a product and / or service is listed at an incorrect price or with incorrect information due to a typographical error, we will have the right to refuse or cancel any order placed for the product and / or service listed at the incorrect price. We will have the right to refuse or cancel any order, whether or not it has been confirmed and charged to your credit card. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Diverse

If for any reason a court of competent jurisdiction determines that any provision or part of these Terms and Conditions cannot be enforced, the rest of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if it is in writing and signed by an authorized KetoSmart representative. KetoSmart will be entitled to an injunction or other equitable compensation (without the obligation to post any surety or guarantee) in the event of early default on your part. KetoSmart operates and controls the KetoSmart Service from its offices in CO. The Service is not intended to be distributed or used by any person or entity in any jurisdiction or country where such distribution or use is contrary to law or regulation. Consequently, individuals who choose to access the KetoSmart Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent that local laws are applicable. These Terms and Conditions (which include and incorporate the KetoSmart Privacy Policy) contain the entire understanding and supersede all prior understandings between you and KetoSmart regarding your subject, and may not be changed or modified by you. The section titles used in this Agreement are for convenience only and will not be given any legal significance.

Disclaimer of Liability

KetoSmart is not responsible for any content, code, or any other inaccuracies.

KetoSmart makes no guarantees.

In no event will KetoSmart be liable for any special, direct, indirect, consequential or incidental damages or for any damages, whether in a contractual action, negligence or other tort, arising out of or in connection with the use of the Service or the content of the Service. KetoSmart reserves the right to make additions, deletions, or modifications to the content of the Service at any time without prior notice.

The KetoSmart Service and its content are provided “as is” and “as available” without any warranty or representation of any kind, either express or implied. KetoSmart is a distributor and not a publisher of content provided by third parties; as such, KetoSmart does not exercise any editorial control over such content and makes no warranties or representations as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided or accessible through the KetoSmart Service. Without limiting the foregoing, KetoSmart specifically disclaims all warranties and representations on any content transmitted in connection with the KetoSmart Service or on sites that may appear as links on the KetoSmart Service, or on products provided as part of or in connection with the Service. KetoSmart, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights. No oral advice or written information provided by KetoSmart or any of its affiliates, employees, officers, directors, agents or the like will create a warranty. Pricing and availability information is subject to change without notice. Without limiting the foregoing, KetoSmart does not guarantee that the KetoSmart Service will be uninterrupted, corruption-free, timely, or error-free.

Contact Us

Feel free to contact us if you have any questions:

Updated on 18/10/2020