Conditions d'utilisation

These terms of use (the “Terms of Use”) contain the terms under which Landker Limited provide its Services (as defined below) to you and describe how the Services may be accessed and used.

1. ACCEPTANCE OF TERMS OF USE

By accessing or using the website “smart-expatriation.com”(the “Website”), registering an account, using or subscribing to any services provided through the Website (the “Services”), or viewing or accessing any information or content from this Website, you are deemed to have read and understood these Terms of Use and our Privacy Policy and agree to abide by them in full. If you disagree with any of the provisions set out in these Terms of Use and our Privacy Policy, you must not use the Website or any of the Services.

This Website is owned and operated by Landker Limited, a duly incorporated company in Hong Kong. Where these Terms of Use and the Privacy Policy refer to “Smart-Expatriation”, it may refer to this Website or Landker Limited (and/or its officers, directors, employees, agents or representatives) or both, depending on the context.

These Terms of Use and the Privacy Policy were last modified on 16 April 2015. We reserve the right, at any time and without prior notice, to change, alter, replace or otherwise modify these Terms of Use and the Privacy Policy. It is your responsibility to check these Terms of Use and the Privacy Policy periodically for changes. Your use of the Website following the posting of any changes to these Terms of Use and the Privacy Policy constitutes acceptance of those changes.

In these Terms of Use and the Privacy Policy, a Website visitor or user may be referred to as “you”. Smart-Expatriation may sometimes be referred to as “we” or “us”.

2. LICENSE TO USE WEBSITE

Unless otherwise provided in these Terms of Use, Smart-Expatriation owns the intellectual property rights in the Website and any content posted on the Website or printed on the reports or materials supplied to you under the Services (the “Content”). Subject to the license below, all these intellectual property rights are reserved.

You may view and use this Website and the Content for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use and our Privacy Policy:

You must not:

  • republish the Content or any part thereof;
  • sell, rent or sub-license the Content or any part thereof;
  • reproduce, duplicate, copy or otherwise exploit the Content or any part thereof for commercial purpose;
  • edit or otherwise modify the Content or any part thereof; or
  • redistribute the Content or any part thereof.

3. ACCEPTANCE OF USE

You must use this Website and the Services in compliance with and only as permitted by applicable law.

You must not use this Website or the Services in any way that cause damage to this Website or impairment of the availability or accessibility of this Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not circumvent or attempt to circumvent any limitation this Website imposes on your account.

You must not use this Website or the Services for any commercial purposes without this Website’s express written consent.

4. SUBSCRIPTION TO SERVICES

The Website features descriptions of Services offered by us, and various packages of Services available (the “Plans”). These descriptions of Services and Plans are for information purposes only and shall in no way constitute a formal offer to contract from Smart-Expatriation to perform the Services or offer the Plans for a particular price. A formal offer to contract which describes the Services and/or Plans for a particular price is only available from Smart-Expatriation once you proceed to subscribe for the Services and/or Plans you select to purchase. Some of our Services are offered on tailor-made basis, in which case we will send you a proposal which outlines the Services that are suitable for your needs and the price for such Services.

Upon completion of the subscription process by you for the Service and/or the Plan, a contract for the Service and/or the Plan shall be formed between you and Smart-Expatriation and the contract shall be governed by the terms of our formal offer (“Additional Terms”), these Terms of Use and the Privacy Policy.

5. FEES AND PAYMENTS

You agree to pay Smart-Expatriation any fees for each Service you purchase or use (inclusive of any and all taxes or duties associated with the sale of the Service) in accordance with the pricing and payment terms presented to you for that Service.

Where applicable, you will pay our Services using the payment method you select through your account management page. The prices of our Services will be displayed in the following currencies: AUD, BRL, CAD, CHF, CNY, EUR, GBP, HKD, INR, JPY, SGD, USD. We accept EUR, HKD and USD for payment by credit card as global payments’ solution. We accept HKD only for payment via Paypal.   To choose Paypal as your mean of payment, you must have a Paypal account. For users choosing Paypal as your mean of payment, you agree to bear the foreign exchange fee that may be imposed by Paypal if you are a customer outside Hong Kong.If you are using our Services on behalf of a corporate entity, you may select to pay the fees of our Service by telegraphic transfer to the bank account as designated by Smart-Expatriation. Any payment to be made by telegraphic transfer has to be credited in full to Smart-Expatriation’s bank account within 60 days, whereupon a confirmation of order shall be issued to you to acknowledge Smart-Expatriation’s receipt of the payment. In the event that you fail to transfer the payment to Smart-Expatriation’s bank account within the prescribed deadline as mentioned herein, without prejudice to any rights or remedies which Smart-Expatriation may have hereunder, Smart-Expatriation shall be entitled to treat your order as cancelled and not deliver any Services to you.

All Services provided by us are paid on subscription basis. This means that you will have to pay all fees for each Service you purchase or use before any Services are to be delivered to you. Fees paid by you are non-refundable, except as provided otherwise in these Terms of Use.

6. YOUR SMART-EXPATRIATION ACCOUNT

You are not obliged to register to use the Website or our Services. However, access to certain Services is only available to registered users.

When you register to use the Website or our Services, you will provide us with your email address, and will choose a username and password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account, at our sole discretion, would or might constitute a violation of these Terms of Use or our Privacy Policy, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Smart-Expatriation may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

These Terms of Use will continue to apply to you unless you delete your online account and no longer visit this Website.

All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination of the Website, including without limitation, intellectual property ownership provisions, disclaimers, indemnity and limitations of liability.

7. WEBSITE SECURITY

To ensure your transactions are secure, we use SSL technology (secure sockets layer) and encrypt all payment information.

If the URL of a secure document begins with "https://", the "s" indicates a secure channel to the server. Also, when security (SSL) is present, Microsoft Internet Explorer, Mozilla Firefox and Google Chrome display a padlock icon, which is closed once a secure channel is established.

When making a payment, always look at the url to see if either the https:// shows in the browser or if you can see the padlock, or both. If you cannot see any of these, or if you are unhappy in any way, do not proceed.

Smart-Expatriation uses public-key encryption using keys of various sizes, 40-, 56-, 128-bit, etc. The larger the key length and number of possible keys, the more difficult it is for unauthorised persons to decrypt or read the message. For example, messages encrypted with a 128-bit key are much more secure than a message encrypted with a 40-bit key.

While we use reasonable precautions to protect your personal information, order and payment details on our systems and provide suitable security, we cannot guarantee that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

We cannot guarantee or warrant that any part of the Website, including any links to third party content, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as through the use of an anti-virus software package, to protect your computer hardware and software.

8. DISCLAIMER OF WARRANTIES

While it is our interest to provide you with a great experience when using our Website and the Services, there are certain things we do not promise about our Services.

The Website and the Content provided on the Website or on the reports or materials supplied to you under the Services is solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of the Website or the Content to your own financial circumstances. You expressly understand and agree that your use of the Website, the Content, or any activity arising from the use of the Website or the Content is strictly at your own risk. The Website or any Content are provided “as is” and “as available” basis without any representation or warranties, express or implied.

We expressly disclaim all warranties of any kind, whether express or implied, including, but not limitated to, warranties of title and non-infringement, warranties that the Website and the Services will be uninterrupted, error-free, accurate, reliable, and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose.

We will make every effort to ensure that the Content provided under the Services is as accurate and up-to-date as possible. However, certain information on the Content may change, and errors or omissions may occur, and Smart-Expatriation shall not be responsible for any loss or damage, financial or otherwise, resulting from any change in information on the Content provided by us, or any error or omission on the Website and Content provided by us.

Nothing on the Website or the Content constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.

9. LIMITATION OF LIABILITY

You expressly understand and agree that to the extent permitted by applicable law, Smart-Expatriation and its affiliates, officers, employees, agents, suppliers and representatives shall not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Website, the Content provided through the Website and/or Services, the use of the Website, or activities arising from your use of the Website and the Content.

To the extent permitted by law, the total liability of Smart-Expatriation and its affiliates, officers, employees, agents, suppliers and representatives, for any claims arising out of or in connection with the Website, the Content provided through the Website and/or Services, the use of the Website, or activities arising from your use of the Website and the Content will not exceed the amount you paid us to use that Service.

10. REASONABLENESS

By using this Website or subscribing to any Services, you agree that the disclaimers of warranties and limitations of liability set out in these Terms of Use are reasonable. If you do not think they are reasonable, you must not use this Website or subscribe to any Service.

11. UNENFORCEABLE PROVISONS

If any provision of these Terms of Use (in particular, the disclaimers of warranties or limitations of liability hereunder) is, or is found to be, invalid or unenforceable under applicable law, the remainder of these Terms of Use shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

12. DATA PROTECTION, PRIVACY AND COOKIES

All personal data that you provide to us in connection with your use of the Website and the Services is collected, stored and used by Smart-Expatriation in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using this Website, so that we can continue to improve the Services we offer. Our use of cookies, and how to disable cookies, is explained in our Privacy Policy. By using this Website or subscribing to the Services, you agree that we can use such data in accordance with our Privacy Policy.

13. ASSIGNMENT

Smart-Expatriation may transfer, sub-contract or otherwise deal with Smart-Expatriation’s rights and/or obligations under these Terms of Use and the Privacy Policy without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use and the Privacy Policy without Smart-Expatriation’s prior written consent.

14. ENTIRE AGREEMENT

These Terms of Use (including the Additional Terms in connection with the specific Service and/or Plan subscribed by you) and our Privacy Policy constitute the entire agreement between you and Smart-Expatriation, and supersede any other prior or contemporaneous agreements, terms and conditions, written or oral in relation to your use of this Website and the Services.

15. INDEPENDENT CONTRACTOR

The relationship between you and Smart-Expatriation is that of independent contractors, and not legal partners, employees, or agents of each other.

16. NO WAIVER

No inaction, omission, failure or delay by Smart-Expatriation in exercising, or in securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with these Terms of Use or the Privacy Policy, and no single or partial exercise of any such right, power, privilege or demand, shall impair the existence, operation, content, effect and enforcement of such right, power, privilege or demand, or operate as a waiver of it.

17. PRECEDENCE

To the extent any conflicts exists, the Additional Terms prevail over the Terms of Use with respect to the Services to which the Additional Terms apply.

18. SEVERABILITY

If any provision under these Terms of Use or the Privacy Policy is or becomes at any time unenforceable or invalid under any law, rule or regulation, no other provision thereunder shall be affected thereby, and the remaining provisions of these Terms of Use and the Privacy Policy shall continue unimpaired with the same force effect as if such unenforceable or invalid provision shall not have been included herein.

19. LAWS AND JURISDICTION

These Terms of Use (including the Additional Terms in connection with the specific Service and/or Plan subscribed by you) and the Privacy Policy shall be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region (“Hong Kong”) and the parties hereto hereby irrevocably submit to thenon-exclusive jurisdiction of the courts of Hong Kong.