Application Terms & Conditions
Last Updated: February 14, 2023
Scope
By accessing the Smatch Application, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you create a Smatch account. If you wish to create a Smatch account and make use of the Service, please read these Terms of Use.
The provisions of these Terms and Conditions (“terms”) govern the entire legal relationship between the duly registered and approved user (hereinafter the “User”, or “You”, and in the possessive form, “Your”) and Smatch ("Smatch Application", "Smatch App", “Applications" or “Websites”) and are applicable to all services provided to the user or offered on the Smatch Application. No conflicting and/or other terms of use or conditions of the user shall be applicable to the relationship between the user and Smatch and all or any such terms are hereby rejected.
Smatch is entitled to revise and/or amend these terms and conditions from time-to-time, without prior notice to the user. The revised terms and conditions, once so revised shall automatically apply to the user of Smatch from the date of the publication of the revised terms and conditions of Smatch. User is requested to duly note all updates in this regard and check this page regularly to ensure their familiarity with the current version as well as any amended version hereafter.
Eligibility
No part of Smatch is directed to persons under the age of 16. You must be at least 16 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you create an account, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
Services
Smatch shall not be construed as being party to any communication exchanged between users and is therefore not responsible for or party to any agreements and or activities that users interacting on the Smatch Application mutually agree to enter into.
Users shall hold Smatch Application harmless and further agree to indemnify them against any consequences that arise out of or in relation to any agreement or activity agreed to be entered into between the users over the Smatch Application. Users also agree to hold Smatch harmless against any third party claims that may arise from the aforesaid.
Smatch reserves the right to modify the services or to offer services different from those offered at the time of the user’s registration, at any time. Revised services will apply to the use of the Smatch Application from the date of the publication of the revised terms and conditions on this Application. User is requested to duly note all updates in this regard and check this page regularly to ensure their familiarity with the current services offered as well as any amended services hereafter.
The user understands that it is technically impossible to offer or guarantee the 100% availability of the Smatch Application. Smatch will make reasonable efforts to keep the Smatch Application available without unplanned interaction. However, maintenance, security or other planned actions, and/or events beyond Smatch’s reasonable control (e.g., disruptions in public communication networks, power failures), may cause temporary interruptions or other failures of the services. Such interruptions, which are intended for servicing the Smatch Application or upgrading its services or correcting any error, shall be regarded as essential maintenance and Smatch cannot be held liable for any delay or purported inconvenience caused to any user in this regard. Smatch shall also not be liable for any delay caused by reasons beyond their reasonable control, such as delays occurring on account of Act of God or Legal Impediment.
Registration
In order to sign up for membership, users must apply for registration by completing the registration procedure on the Smatch Application and confirming their assent to these terms and conditions. The registration procedure will only be complete when the user consents to these terms and conditions. Smatch accepts this offer by activating the user’s membership and personal account. Smatch is not liable to respond to any incomplete registration and all decisions taken with regard to allowing or preventing a user from using the Smatch Application shall be taken by the admin for the Smatch Application, whose decision in this regard shall be final and binding on the intended user.
The user guarantees and represents that the information submitted to Smatch for registration is complete and accurate. The user shall keep the user’s profile up to date, in particular with regards to the user’s email address. The user shall ensure that Smatch can establish contact with the user at all times via the contact details provided by the user in the user’s profile on the Smatch Application. In the event any account generated by a user is reporting no activity or is otherwise lying idle for an unexplained period of 52 weeks, Smatch reserves the right to review the users account and the admin may
deactivate such an inactive account after due notice to the user in this regard, by sending them an email to this effect on their last recorded contact email. Any user whose account is so deactivated may be eligible for a fresh registration upon re-submitting their details over the Smatch Application.
Smatch reserves the right to refuse registration of any user for any or no reason. Smatch also reserves the right to terminate any user account if it receives any complaint from other user or users in terms of any activities being promoted or undertaken by such user or group of users over the Smatch Application, which are considered inappropriate or where their legality is in question.
The user hereby confirms and further consents that the user is of legal age at the time of registration and has not already registered with Smatch, i.e., only maintains one (1) user account. Smatch reserves the right to de-activate any multiple account(s) registered by the same user, without furnishing any notice in this regard to the concerned user.
User accounts are not transferable.
Users may at all times contact the Smatch admin on support@smatchsports.com or any other e-mail that may be entered by the admin for this purpose. The admin reserves the right to respond to any such correspondence.
During registration the user must determine a password, which the user will use to identify the user in order to access the Smatch Application, the services, and the user’s personal account. The user is responsible for keeping the password confidential at all times and preventing other persons from accessing the user’s account via the chosen password. The user is responsible for and agrees to immediately inform the admin of Smatch if there is any indication that their confidential password is being used by any un- intended third parties. Smatch will not be liable for any loss or damage arising from the user’s failure to comply with this section. Nothing herein prevents the user from resetting the password for their account by following the procedure provided for on the Smatch Application, in this regard.
In so far as the user is in breach of the agreements in Section 4, Smatch shall be entitled to terminate the user account with immediate effect, and to block the user’s account and/or to prevent further use of the services and the Smatch Application by the user.
Your interaction with other users
You are solely responsible for your interactions with other users. You understand that Smatch currently does not conduct criminal background checks of it’s users, nor does it enquire about the backgrounds of all it’s users, or attempt to verify the statements of it’s users.
Smatch is not responsible for the conduct of any user. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
User’s obligations
The user shall not use, upload, post, email, transmit, or otherwise make available any objectionable content, or have others make the same available on the Smatch Application. Nor shall the user upload or send other users messages with objectionable contents that violate the laws for the time being in force, in that users jurisdiction in any manner (“Illegal Contents”), such as, but not limited to:
a) contents breaching third-party rights – e.g., copyright, performance, and commercial property rights such as brands, patents, registered design, design rights, and also other rights, for example name and personality rights;
b) contents which are insulting or defamatory, regardless of whether said contents are directed at Smatch personnel, other companies, or another user;
c) contents and actions violating criminal law, promoting anti-constitutional organizations or displaying the insignia of such organizations; contents glorifying violence; racism, pornography or like sexist content; contents aimed at trafficking in narcotics, inciting or downplaying the consumption of narcotics, inciting criminal offenses, gambling, insult or slander, defamation, etc.;
d) contents promoting any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling, or pyramid sales) or content annoying, pestering, or harassing any other user;
e) contents which include information for which the user has no right to disclose or make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information, insider information, etc.);
f) contents that contain company logos. This excludes employees of Smatch, who may use the Smatch logo;
g) contents intended to disrupt, destroy, limit, or impair services on the Smatch Application or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts, etc..
When using such services, the user shall adhere to all Forum, Event, and Activity Guidelines that Smatch has in place from time to time.
Smatch may at any time introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant the Smatch application the right to use such feedback or comments for any purpose without restriction or payment to you.
The user shall not flood other user accounts with repeat requests or irrelevant information. The decision of the Smatch admin in this regard shall be final, in terms of discontinuing the said user account(s).
Granting rights to use
The user grants Smatch all rights necessary with respect to contents to fulfil the purpose of this agreement.
In particular, the user grants Smatch the royalty-free, perpetual, irrevocable, non-exclusive, universally transferable, and fully sub-licensable right to:
a) to store all contents (in particular images, videos, texts, etc.) uploaded or posted during the use of the Smatch Application in an electronic form,
b) to make the same available to other users and third parties and to disseminate the same to other users and third parties upon demand by way of download, and also to permit other users and third parties to make virtual or physical copies of these contents for their private or other own use,
c) to reproduce, disseminate, make generally available, and broadcast all uploaded contents on all Smatch Application or other platforms and services operated by Smatch (in particular TV, advertising, print media, radio, Internet, mobile Internet),
d) to process the contents in a user-friendly form, make the same amenable for research and process the same such that other users and third parties can access the same at any time. This includes converting the contents into other data formats. Smatch is also granted the right to process the contents with respect to visual appearance, font, layout, scaling etc.. Smatch shall have the right to combine the contents or parts thereof with its own or third-party contents, in particular to add links to the contents or make the same available to third parties via links,
e) to amend, shorten, block, or suspend access to, and delete any contents provided by the user.
No responsibility for the user’s and third party contents
Smatch shall not be liable for any contents provided by or made available by any User, including the user’s content. In particular, Smatch does not warrant that any such content is true or accurate, or that it fulfils or serves any particular purpose. Users are advised to exercise caution and Smatch cannot be held liable for any loss caused to users by reason of their own negligence.
If the user finds contents offensive or objectionable, or a breach of the user’s or any third- party rights, or illegal in any other way, the user shall contact Smatch admin on support@smatchsports.com or any other email notified in this regard. Smatch will investigate the complaints and violations of its policies and may take any appropriate action, including, but not limited to issuing warnings, removing or blocking the content, or terminating accounts and/or subscriptions. All decisions taken by the Smatch admin in this regard shall be final and binding on the user.
Privacy
Any information that a user provides to Smatch is subject to the Smatch Privacy Policy, which governs and applies to the collection, decimation and use of the users information. We are constantly modifying and improving our Services.
Geolocation
In order to match users which are close, the users understand and agree that geolocation is a requirement for using the App efficiently. The users hereby agree that the Smatch Application may use and store your geolocation parameters.
Liability
Smatch contains functionality which allows users to share their location with others users of the Smatch Application. In relation to the aforementioned functionality, or any other feature of the Application, Smatch SA will not be liable to users (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with Smatch:
• for any direct, indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation, or loss or corruption of information of data.
• death, bodily injury, emotional distress, and/or any other damages resulting from activity, communications or meetings with other users or persons you meet through the Service.
Indemnity
The user shall indemnify and hold Smatch harmless and not accountable for claims for breach of third-party rights for which the user is responsible or any damage that is caused by a breach of any contractual obligations by the user. In particular, the user shall indemnify and hold Smatch guiltless and not accountable for claims by third parties resulting from any illegal acts by the user, in particular with respect to contents provided by the user infringing third-party rights or otherwise illegal content. In so far as such infringement of rights result in court proceedings, the user shall also bear the costs incurred by Smatch as a result, in particular court and attorney costs.
Dispute resolution
In case of any dispute, whatsoever, arising out of or in terms of the use of the Smatch Application, the user agrees to amicably settle any and all such dispute(s) by way of compulsory negotiation within 30 days from the date of such dispute having arisen or notified to the admin of Smatch Application. In the event the dispute cannot be settled amicably by negotiation between the user and the Smatch Application, both parties shall attempt to settle the dispute by way of mediation, conducted by an independent mediator of their choice. Failing any settlement by the aforesaid means of dispute resolution the parties shall refer their dispute for resolution to arbitration, to be conducted by a sole arbitrator, the seat of such arbitration shall be Lausanne, Switzerland and the arbitration shall be conducted in terms of the laws of Switzerland. The parties agree to be bound by the outcome of such arbitration.
Miscellaneous
If any provision of these terms is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
Place of jurisdiction, insofar as legally admissible, shall be the exclusive jurisdiction of the Courts of Lausanne, Switzerland. This shall not impair any consumer jurisdiction forum competent for a dispute.
These terms and the contractual relationship shall be governed by the laws of Switzerland.
Content disclaimer
To the best of our knowledge, all information on the Smatch Application is accurate and up-to-date at the time of publication. However, Smatch SA makes no claim for the Smatch Application to be complete, nor does it give any warranty, whatsoever on the accuracy of the content, uploaded by the users. While all our content is reviewed regularly, some of the information might have changed since the time of publication or the last review. Please note that Smatch is not responsible for the accuracy of and opinions expressed in member-contributed content.
Proprietary rights
Smatch owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Smatch and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Smatch or, if such property is not owned by Smatch, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. The proprietary rights are subject to the End-User License Agreement.
Governing law and jurisdiction
The Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland.
