1. General

(1)

These SMBEx Terms and conditions (hereafter referred to as “SMBEx”) are a legal agreement between you, as a current or prospective user of the Services, and Invest Ink, Inc., (hereafter, “the Company,” “we,” “our” or us”), and governs your use of SMBEx, which includes mobile applications, websites, software, cloud-based solutions, and other products and services (the “Service”), offered by the Company. SMBEx provides a technical interface that enables commercial and private providers of accommodation and other services (hereafter referred to as “Providers”), to place offers in a database that can be linked with the Providers’ and facilitate booking for them. Users seeking the listed services (hereafter referred to as “Users”) shall be granted access to this database via SMBEx.com and directed to the Providers to carry out the booking process.

(2) These terms and conditions regulate the use of the database via the aforementioned SMBEx websites and include access from mobile websites and any application (“App”) developed by SMBEx as well as any portals or applications for mobile devices provided by third parties. These terms and conditions apply exclusively; SMBEx rejects the application of any alternative terms and conditions imposed by the User.

(3) The usage of all websites operated by SMBEx and the provided data bases (”Our Website“) is only permitted for private use. A commercial usage of Our Website is explicitly prohibited. Our Website is not to be used for false, fraudulent or speculative reservations, neither for reservations to cover future demand. By using Our Website you confirm to abstain from the following actions and measures without previous written consent by SMBEx:

– To access our website by using a manual or automated process that exceeds the purpose of personal use or the inclusion of SMBEx into a search index. The use of automated systems or a software to extract data from Our Website (so called “screen scraping“), is prohibited for non-commercial and commercial purposes.

– To infringe on existing restrictions in robot-exclusion-headers on Our Website or to circumvent measures that restrict or prevent the access to Our Website.

– To use a device, software or program that affects or tries to affect the regular functionality of Our Website, or to carry out an act that inappropriately strains our servers, computer or network.

SMBEx reserves the right to end, suspend or limit the access to all or specific components of Our Website at our own discretion without previous announcement and under exclusion of any liability.

SMBEx services for users

(1) SMBEx provides a targeted search function that enables Users to identify the most suitable Provider’s offer in the database and then forwards the User to that Provider’s site or puts the User directly in contact with the Provider. SMBEx is therefore not the service provider for any of these websites.

(2) Where a search returns a large number of results, the results displayed shall be limited to a specific amount to guarantee search functionality.

(3) Users may use the SMBEx database free of charge to book and/or subscribe to premium services to make listings for a fee.

(4) SMBEx advises that offers posted by Providers may be subject to a commission in the event of a successful booking contract. The manner in which this contract between the User and the Provider is formed and any content within such contract must be consistent with the law and with any agreement between the two parties concerned.

(5) SMBEx may permit its services to be provided by third parties.

3. SMBEx is not liable for offers or subsequent booking contracts

(1) SMBEx is solely the technical services provider, facilitating suitable offers. SMBEx will not publish their own offers on the aforementioned websites, nor does SMBEx assume any liability for any offers made. The Provider carries sole responsibility for all and any offers posted on the aforementioned websites and any other websites linked to by SMBEx, along with any related declarations of intent. SMBEx does not assume any liability for the accuracy or currency of the information posted by the Provider, particularly where this information is stored on a mobile device.

(2) Any contracts or bookings exist solely between the Provider and the User. Bookings shall be governed exclusively by the General Terms and Conditions of the service provider particularly with regard to cancellation and withdrawal.

(3) The previous paragraphs (1) and (2) remain effective provided that and if SMBEx captures bookings or booking inquiries or the associated data and information itself, for the purpose of the transmission of a booking or booking inquiry to the provider (e.g. within the scope of express bookings or inquiry forms).

(4) Offers will be updated at least once daily via a technical interface.

 

4. Prices

(1) The prices indicated in the offer(s) shall be determined by the Provider and communicated to SMBEx at least once daily.

(2) Offer price is understood to be to the final price for the services, however responsibility for ensuring that prices are appropriate and accurate rests with the Provider. While SMBEx endeavors to present the total cost of the offer, additional charges may be levied by the Providers in some cases.

 

5. Liability

(1) SMBEx is not liable for the accuracy, quality, completeness, reliability or credibility of Provider created content and/or offers. In particular, SMBEx does not provide any recommendation or further information regarding the choice of Provider and/or offer.

(2) SMBEx is not liable for any technical disruption where the cause lies outside of SMBEx’s field of responsibility, or caused by force majeure.

(3) SMBEx does not guarantee uninterrupted access to data. SMBEx retains the right to conduct technical maintenance as required for as long as necessary.

(4) SMBEx is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act.

(5) Limitations to SMBEx’s liability also apply to the personal liability of all employees, representatives and agents.

 

6. User accounts

(1) For some services offered on the aforementioned SMBEx websites, a so-called user account is required. Please follow the respective instructions of SMBEx in the course of the registration.

(2) A user account can be set up with the personal e-mail address or the personal profile of a social network (e.g., Facebook, Google). A user account is also created when you use your email address to register for other SMBEx features via email and confirm your email address in the process.

(3) If you create your account using a personal profile from a 3rd party service (e.g. Facebook, Google) you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service. You find further information about connecting via 3 rd party services in our Privacy Policy.

(4) Changes to User information can be made in the User Profile. Users may also register via “Facebook Connect”. The data required for successful registration will be transferred from the User’s Facebook account

(5) The user account can be accessed from any device. The user is given a personal login link via email or can use the personal profile of a social network (eg Facebook, Google) used for the registration to login.

(6) SMBEx reserves the right to temporarily block user accounts, to irrevocably delete them, or to take other necessary measures if the user violates applicable laws, these terms of use or other applicable terms of contract.

(7) The deletion of a user account can be caused by an e-mail to support@SMBEx.com.

 

7. Privacy

(1) SMBEx gives the highest priority to protecting User information. For further information please refer to the SMBEx Privacy Policy.

(2) Personal information is only provided, processed and utilized with the consent of the User or where the collection, processing or use of such data is permitted by law.

 

8. Changes to General Terms and Conditions(GTC)

(1) SMBEx retains the right to make changes to the GTC with appropriate notice of at least three weeks. In the case of any changes, SMBEx shall announce the changes on the website, and nominate the date at which the changes are to enter into effect.

(2) Where the User does not reject these changes within three weeks from the announcement date, the amended GTC shall be deemed accepted by the User. Users shall be reminded of this in the Changes to Conditions announcement.

 

9. Final conditions

(1) The laws of the State of Pennsylvania  excluding the UN Convention on the International Sale of Goods (CISG). The place of execution and the court of jurisdiction for all disputes arising from or related to this contract with traders, legal entities under public law or public bodies is Pennsylvania.

(2) Should one of these General Terms and Conditions become invalid in whole or in part, or unworkable under law, this does not affect the validity of the remainder of the contract.

(3) SMBEx does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.