Agreement to Terms

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and SmartTrack, a division of One World Express (“SmartTrack”, “we”, “us”, or “our”), concerning your access to and use of our website, platform, and services. This includes, but is not limited to, our API integrations, marketplace order management, logistics solutions, label generation, real-time tracking, inventory & warehouse management, and billing & invoicing services (collectively referred to as “Services”). By accessing or using our Services, you agree that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Services and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference into these Terms of Use. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Terms of Use. By continuing to use the Services after such updates, you acknowledge and agree to the revised terms.

The information and services provided by SmartTrack are not intended for distribution to or use by any person or entity in jurisdictions or countries where such distribution or use would violate local laws or regulations, or would subject us to any registration requirements. If you choose to access our Services from outside of these jurisdictions, you do so at your own risk and are solely responsible for compliance with applicable local laws.

The Services are intended for use only by users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Services.

Intellectual Property Rights

Unless otherwise stated, the SmartTrack platform, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and all other content available on the platform (collectively referred to as the “Content”) and the trademarks, service marks, logos, and brand identifiers associated with SmartTrack (the “Marks”), are the proprietary property of SmartTrack, a division of One World Express, or are licensed to us. These are protected by copyright, trademark, and other intellectual property laws, including international copyright laws and conventions.

The Content and the Marks are provided for informational and personal use only, and they are not intended for commercial use. Unless explicitly allowed in these Terms of Use, you may not copy, reproduce, distribute, publish, upload, publicly display, encode, translate, transmit, or otherwise exploit the Content or Marks for commercial purposes without obtaining prior written consent from SmartTrack.

By using the SmartTrack platform and Services, you are granted a limited license to access the site, and download or print a copy of the content you are permitted to access, solely for personal, non-commercial use. All rights not expressly granted to you in these Terms of Use are reserved by SmartTrack and its licensors.

User Registration

You may be required to register for an account to access certain services on the platform. You agree to keep your account credentials, including your password, confidential and accept responsibility for all activities under your account. We reserve the right to remove, reclaim, or modify a username if deemed inappropriate, obscene, or objectionable at our sole discretion.

Products and Services

All products and services offered on the SmartTrack platform are subject to availability. We reserve the right to modify or discontinue any services at any time without prior notice. Prices for services may change at our discretion.

Purchases and Payments

SmartTrack accepts the following payment methods:

• PayPal
• Mastercard
• Visa

You agree to provide accurate and complete purchase and account details, including your payment information and email address, and update this information as needed. Any applicable taxes, including VAT, will be added to the purchase price. All transactions will be conducted in Pounds Sterling (£).

You authorize SmartTrack to charge your selected payment method for the total amount of your order, including any shipping fees, at the time of purchase. We reserve the right to correct any errors in pricing, even if payment has already been processed.

We may refuse or limit orders at our sole discretion, including restricting quantities or canceling orders based on customer account details, payment methods, or billing/shipping information. Orders identified as being placed by dealers, resellers, or distributors may also be restricted or prohibited.

Refund Policy

For details on refunds and returns, please review the SmartTrack Return Policy, which is available on our platform.

Prohibited Activities

You may not access or use the SmartTrack platform for purposes other than those we explicitly permit. Any use of the platform for unauthorized commercial activities is strictly prohibited.

As a user of the SmartTrack platform, you agree not to:

• Use the platform in a manner that violates any applicable laws or regulations.
• Upload or transmit materials designed to collect or transmit information (e.g., spyware, cookies, passive collection mechanisms) without authorization.
• Upload or transmit harmful files such as viruses, Trojan horses, or other disruptive materials, including spamming or excessive capital letter usage.
• Copy, modify, or adapt the platform’s software or code (e.g., Flash, PHP, HTML, JavaScript).
• Remove or alter copyright or proprietary notices from any content.
• Harass, threaten, or intimidate any employees or agents providing services through the platform.
• Bypass or attempt to bypass security measures designed to restrict platform access.
• Decipher, decompile, disassemble, or reverse-engineer any part of the platform.
• Use information obtained from the platform to harass or harm others.
• Transfer or sell your profile to another party.
• Impersonate another person or use another user’s credentials.
• Interfere with or disrupt the platform or its connected networks and services.
• Automate platform usage, such as using scripts, bots, or data extraction tools.
• Abuse support services or submit false abuse reports.
• Engage in deceptive activities or attempts to acquire sensitive account information, such as passwords.
• Frame or link to the platform without authorization.
• Disable or interfere with security features designed to protect the platform and its content.
• Collect user data (e.g., emails, usernames) for unsolicited communication or to create accounts under false pretenses.
• Systematically retrieve content or data from the platform to build databases without our written consent.
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User-Generated Contributions

The SmartTrack platform may allow you to share content and materials (collectively, “Contributions”). Contributions may be viewable by others on the platform or third-party websites and are subject to our Privacy Policy. When you submit Contributions, you agree to the following:

• Your Contributions will not infringe on third-party rights, including copyrights, trademarks, or privacy rights.
• You have obtained necessary permissions or rights for all materials or individuals represented in your Contributions.
• Your Contributions are accurate and not misleading.
• Your Contributions will not include unauthorized advertising, spam, or solicitations.
• Your Contributions are free of obscene, harassing, defamatory, or otherwise objectionable material.
• Your Contributions comply with all applicable laws and do not promote violence or illegal activities.
• Your Contributions do not solicit personal information from minors or exploit them in any way.
• Your Contributions do not contain offensive language or content based on race, gender, or other protected attributes.
• Your Contributions do not link to or promote material that violates these Terms of Use.
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Contribution License

By sharing Contributions on SmartTrack, you grant us the right to access, process, and use the information in accordance with our Privacy Policy.

If you provide feedback or suggestions about the platform, you agree that we may use this feedback without compensating you.

While we do not claim ownership of your Contributions, you are responsible for their content. We are not liable for any issues arising from your Contributions, and you agree to hold SmartTrack harmless from any claims related to them.

Guidelines for Reviews

SmartTrack may provide sections on its platform for leaving reviews or ratings. By posting a review, you agree to the following guidelines:

• You must have firsthand experience with the service or entity being reviewed.
• Reviews should not include profanity, abusive language, or hate speech.
• Reviews must not contain discriminatory remarks based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
• Illegal activities should not be referenced in your reviews.
• Negative reviews must not be posted by individuals affiliated with competitors.
• You must avoid making conclusions about the legality of actions or services.
• False or misleading information is prohibited in reviews.
• Campaigns to encourage others to post coordinated positive or negative reviews are not allowed.

SmartTrack reserves the right to accept, reject, or remove reviews at its sole discretion. Reviews are not endorsed by SmartTrack and do not reflect our views or those of our affiliates. We are not liable for any claims, liabilities, or issues arising from posted reviews.

By posting a review, you grant SmartTrack a perpetual, non-exclusive, royalty-free license to reproduce, modify, translate, display, or distribute the review content for any purpose.

Social Media Integration

The SmartTrack platform may allow you to link your account with third-party services (“Third-Party Accounts”). By linking your account, you agree to the following:

• You have the right to provide login details for your Third-Party Account or to grant SmartTrack access as permitted under the terms governing that account.
• SmartTrack may access, store, and display content from your Third-Party Account (“Social Network Content”) on its platform.
• Depending on your Third-Party Account’s privacy settings, information from those accounts may be visible on SmartTrack.

If the Third-Party Account becomes unavailable or access is revoked, Social Network Content may no longer appear on the platform. You can disconnect your Third-Party Account from SmartTrack at any time via your account settings or by contacting us.

Please note: Your relationship with the Third-Party Account provider is governed solely by their terms and policies. SmartTrack is not responsible for reviewing or verifying the accuracy, legality, or appropriateness of Social Network Content.

Carrier Terms and Conditions

By using SmartTrack, you acknowledge that the terms and conditions of service carriers also apply. These may supersede SmartTrack’s terms where applicable. Copies of carrier terms are available on their respective websites or upon request from One World Express Limited.

Submissions

Any questions, comments, suggestions, ideas, or feedback provided by you to SmartTrack (“Submissions”) are considered non-confidential and will become our sole property. We will own all exclusive rights, including intellectual property rights, to these Submissions and may use them for any purpose, without acknowledgment or compensation to you.

You waive all moral rights to Submissions and warrant that they are original or that you have appropriate rights to submit them. SmartTrack is not responsible for any alleged infringement resulting from these Submissions.

Third-Party Websites and Content

The SmartTrack website may contain links to third-party websites (“Third-Party Websites”) or display content from third parties, including articles, photos, graphics, videos, software, and other materials (“Third-Party Content”). SmartTrack does not investigate, monitor, or verify the accuracy, appropriateness, or completeness of these Third-Party Websites or Content.

SmartTrack is not responsible for any Third-Party Websites accessed through its platform or for any Third-Party Content available on the platform. This includes, but is not limited to, their accuracy, offensiveness, reliability, privacy practices, or any policies they may have. Links or access to such content do not signify approval or endorsement by SmartTrack.

If you leave the SmartTrack platform to interact with Third-Party Websites or Content, you do so at your own risk. These Terms of Use no longer apply once you navigate away. We recommend you review the terms and policies of any Third-Party Website, including privacy and data practices, before engaging with them.

SmartTrack is not responsible for transactions, products, or services acquired through Third-Party Websites. Any such dealings are solely between you and the third party. By using these websites or engaging with third-party content, you agree to hold SmartTrack harmless from any harm, losses, or liabilities resulting from such interactions.

Advertisers

SmartTrack may display advertisements in specific areas of the platform, such as banners or sidebars. Advertisers are solely responsible for the content and legality of their advertisements and the products or services they promote through the platform.

By placing advertisements on SmartTrack, advertisers represent and warrant that they have the legal rights, intellectual property rights, and authority necessary to do so. SmartTrack provides only the platform for advertisement placement and is not involved in the transactions or services associated with these advertisements.

Site Management

SmartTrack reserves the right, but is not obligated, to:

• Monitor the platform for violations of these Terms of Use.
• Take legal action, at our discretion, against anyone violating these terms or applicable laws, including reporting such violations to law enforcement.
• Restrict access to, limit availability of, or disable user content or contributions that violate these terms, without prior notice or liability.
• Remove or disable excessive files or content that may burden the system.
• Manage the platform to protect our rights and property and ensure proper functionality of the platform and its offerings.
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Term and Termination

These Terms of Use shall remain in effect as long as you use the SmartTrack platform. SmartTrack reserves the right, at its sole discretion and without notice or liability, to deny access to or use of the platform and its services (including blocking specific IP addresses) to any individual for any reason, including but not limited to breaches of these Terms of Use or applicable laws.

We may terminate your account or delete any content or information posted by you without warning. If your account is terminated, you are prohibited from creating a new account under your name, a fictitious name, or a third party’s name. We reserve the right to pursue legal action, including civil, criminal, or injunctive remedies, in cases of violation.

Modifications and Interruptions

SmartTrack reserves the right to modify, change, or remove content from the platform at any time without notice. We may also modify or discontinue the platform or its services without liability to you or any third party.

While we strive to maintain platform availability, there may be instances of downtime due to hardware, software, or maintenance issues. SmartTrack is not liable for any loss, damage, or inconvenience caused by such interruptions.

Governing Law

These Terms of Use are governed by the laws of the United Kingdom. If you are a consumer within the European Union, you are entitled to the protections provided under your country’s consumer laws. Both parties agree to submit to the jurisdiction of the courts in the United Kingdom or your country of residence in the EU to resolve disputes related to these Terms.

Dispute Resolution

The European Commission offers an online dispute resolution platform, which you can access here. If you wish to bring a dispute to our attention, please contact us directly.

Disclaimer

The SmartTrack platform is provided “as is” and “as available.” Your use of the platform is at your own risk. We disclaim all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

We are not responsible for:

• Errors or inaccuracies in content.
• Personal injury or property damage arising from platform use.
• Unauthorized access to your data.
• Interruptions in service or transmission.
• Bugs, viruses, or harmful elements transmitted through the platform.
• Loss or damage caused by content or reliance on third-party links or advertising.
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Limitation of Liability

SmartTrack and its directors, employees, and agents are not liable for direct, indirect, consequential, incidental, or punitive damages, including lost profits, data, or revenue, arising from platform use, even if advised of such possibilities.

Indemnification

You agree to indemnify and hold SmartTrack, its affiliates, and employees harmless against claims, damages, or expenses arising from:

• Your use of the platform.
• Breach of these Terms.
• Violations of third-party rights.
• Harmful actions toward other users.

We reserve the right to assume exclusive defense in such matters at your expense.

User Data

While we maintain routine backups, you are solely responsible for data you transmit or store on the platform. SmartTrack is not liable for data loss or corruption.

Electronic Communications

By using SmartTrack, you consent to receive communications electronically. You agree that electronic records and signatures meet legal requirements for written agreements.

Miscellaneous

These Terms, along with any policies posted on the platform, constitute the entire agreement between you and SmartTrack. Provisions deemed unlawful or unenforceable are severable and do not affect the enforceability of remaining terms.

Contact Us

For complaints or further information about SmartTrack, contact us at:

SmartTrack
Pump Lane
Hayes UB3 3NB
United Kingdom

Email: info@smarttrack.co