Introduction
1.1 Welcome to the website of “Xpress Factoring” (Xpress Factoring)—a service provided by Smart Factoring EOOD (“Smart Factoring”) (“the Website”).
1.2 The website is operated by Smart Factoring EOOD (a company registered in the Republic of Bulgaria with identification number 207214254 and with its registered office and address of management at: Sofia, 1000, 2 Pozitano Square, Perform Business Center).
1.3 Through the website, you have access to various resources and content. These include, but are not limited to, the following:
1.3.1 Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and webcasts, and documents such as press releases, case studies, articles, newsletters, reports, product data sheets, general terms and conditions, and contractual terms and conditions (“Materials”); and
1.3.2 forums, discussion groups, chat rooms, bulletin boards, blogs, wikis, email features, customer engagement, and other services in connection with which you may upload, download, share, email, post, publish, transmit, or otherwise access or provide Content (as defined below) (“General Services” and, together with Materials and other information, collectively referred to as “Content”).
1.4 The following are the terms and conditions of a legal agreement between you (“You” or “Your”) and Smart Factoring, and these terms and conditions will govern your use of our website. Specifically:
1.4.1 access to and/or use of the Website or the Content provided on or through the Website, and/or
1.4.2 By submitting any materials and/or information to or through our website, you agree to comply with and be bound by these terms and conditions regarding your access to and use of the website and its content (“Terms of Use”). If you do not agree to these Terms of Use, you must not use our website in any way
1.5 You must be at least 18 years old to use our website. By using our website, you warrant and represent to us that you are at least 18 years old.
1.6 Our website uses cookies. By using our website, you consent to our use of cookies in accordance with the terms of our Privacy and Cookie Policies.
Copyright and Trademark Notice
Subject Matter of these Terms of Use:
2.1 We, together with our licensors, own and control all copyrights, trademarks, and other intellectual property rights in our website and the Content; and
2.2 All copyrights, trademarks, and other intellectual property rights in our website and the Content are reserved;
2.3 The names, logos, trademarks, and service marks of Smart Factoring that appear on the Website or in the Content may not be used for advertising, publicity, promotion, or in any other manner implying Smart Factoring’s endorsement or sponsorship, or any association with any product or service, without our prior express written permission;
2.4 You acknowledge that you do not acquire any ownership rights in any or all of our intellectual property by downloading copyrighted and/or other material.
Terms of Use, Privacy Policy, and Cookie Policy
3.1 Our Privacy Policy and Cookie Policy explain how we respect your privacy and how we use the data collected from the website. For additional and detailed information, please see our Privacy Policy and Cookie Policy.
3.2 Smart Factoring may revise these Terms of Use at any time, without prior notice. The revised Terms of Use will take effect when they are published on the website. Accordingly, if you do not agree with and do not wish to accept the Terms of Use as revised, you must discontinue using our website.
3.3 You acknowledge and agree that any personal information collected on our website may be accessed, processed, and stored globally and will be subject to Smart Factoring’s Privacy Policy.
3.4 You hereby confirm, acknowledge, and agree that we collect, use, process, hold, and otherwise store your personal data and information, and that we may share such data, when necessary, with third-party service providers for the purposes set forth in our Privacy Policy and Cookie Policy and to the extent permitted by applicable law.
License to Use Our Website
4.1 You may, in accordance with these Terms of Use:
4.1 You may, in accordance with these Terms of Use: 4.1.1 view pages from our website in a web browser;
4.1.2 printing pages from our website;
4.1.3 downloading pages from our website;
4.1.4 Streaming of audio and video files from our website, if applicable;
4.2 Unless expressly permitted by Section 4.1 or other provisions of the Terms of Use, you must not download any materials and/or Content from our website or save such materials and/or Content to your computer.
4.3 You may use our website only for your own personal, informational, and/or non-commercial purposes, and you must not use our website for any other purposes.
4.4 Unless expressly permitted by the Terms of Use, you must not edit or otherwise alter or modify any material, information, and/or Content or any other element of our website.
4.5 Unless you own or control certain relevant rights to the specified material and/or Content, you must not:
4.5.1 Reposting of material and/or content;
4.5.2 to sell, rent, license, or sublicense any materials and/or Content;
4.5.3 publicly displaying any materials and/or content; 4.5.4
4.5.4 using or exploiting any materials and/or Content for commercial purposes; or
4.5.5 to distribute any material and/or content for any purpose.
4.6 Notwithstanding the provisions of Section 4.5, you may redistribute our newsletters, articles, or case studies from our website, in both print and electronic form, only to any person for whom they are intended.
4.7 We reserve the right to restrict access to certain sections or parts of our website, or to our entire website, at our discretion. Under this section, you must not circumvent or evade, or attempt to circumvent or evade, any measures in place to restrict access to our website.
Permitted Use
5.1 You must not:
5.1.1 to use our Website or Content in any manner or to take any action that causes or may cause damage or impairment to the operation, availability, visibility, or accessibility of the Website or the Content;
5.1.2 to use our website or Content in any manner that is illegal, unlawful, fraudulent, or harmful, or in connection with any illegal, unlawful, fraudulent, or harmful purpose or activity;
5.1.3 to use our website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is related to) spyware, a computer virus, Trojan horse, worm, keylogger, rootkit, or other malicious computer software;
5.1.4 Engaging in systematic or automated data collection activities (including, but not limited to, scraping, data extraction, and data extraction and collection) on or in connection with our website without our clear and explicit written consent;
5.1.5 accessing or otherwise interacting with our website using a robot, spider, or other automated means;
5.1.6 to use data collected from our website for any direct marketing activities (including, but not limited to, email marketing, SMS marketing, telemarketing, and direct mail);
5.1.7 to use our website or Content in a manner that is false or misleading;
5.1.8 to use our website or Content in any manner or to take any action that is defamatory, humiliating, or degrading toward another person;
5.1.9 to use our website in any way or take any action that violates or fails to respect the privacy of others or involves the copying of confidential, sensitive, or personal data belonging to others
5.2 You must not use data collected from our website to contact individuals, companies, or other persons or entities.
5.3 You must ensure that all information you provide to us through our website or in connection with our website is true, accurate, up-to-date, complete, and not misleading.
Website User Data
6.1 If you apply for a job at Smart Factoring through our website, you are responsible for ensuring that the information you submit (including, but not limited to, your full name, email address, phone number, cover letter, and resume) is accurate, up-to-date, and truthful.
6.2 If you submit your inquiry through the “Request Information” section or use the Client Onboarding feature on our website, you are responsible for ensuring that the information you submit (including, but not limited to, your full name, email address, phone number, location, and/or any other requested and/or provided information) is accurate, up-to-date, and truthful.
6.3 Our Privacy Policy describes in detail how we will respect your privacy and how we will process your personal data collected through our website (as described in Sections 6.1 and 6.2 above). We encourage you to read our Privacy Policy carefully before submitting an application or inquiry through our website.
Your Content: License
7.1 For the purposes of these Terms of Use, “your content” means all works, information, and materials (including, without limitation, text, graphics, images, scripts, software, and files) that are not “personal information”, as defined and identified in our Privacy Policy, that you submit or transmit to us or our website for storage, processing, or transmission through our website.
7.2 To the extent permitted by law, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, and fully sublicensable license to use, reproduce, modify, store, adapt, publish, publicly perform, publicly display, broadcast, transmit, translate, and distribute your
content in any existing or future media and/or in connection with the Website and/or any successor website, for any purpose and in any form, medium, or technological format.
7.3 You grant us the right to sublicense the rights licensed under Section 7.2.
7.4 You grant us the right to bring a lawsuit for infringement of the rights licensed in this section.
7.5 You hereby waive all of your moral rights in your content to the fullest extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the fullest extent permitted by applicable law.
7.6 You may edit your content to the extent permitted by using the editing features available on our website.
7.7 Without prejudice to our other rights under these terms and conditions, if you violate any provision of these terms and conditions in any way, or if we have reasonable grounds to suspect that you have violated these terms and conditions in any way, we may delete, remove, or edit any or all of your content.
7.8 You warrant that:
7.8.1 You have the authority and the right to grant this license; and
7.8.2 Smart Factoring’s exercise of the rights granted under this license shall not infringe upon or otherwise violate the rights of third parties.
Your Content and Personal Information: General Rules That Apply
8.1 You warrant and represent that your content and your personal information will comply with the Terms of Use.
8.2 Your content and your personal information must not be unlawful or illegal, and must not give rise to legal action against any person (in any jurisdiction and under any applicable law).
8.3 Your content and your personal information, as well as our use of your content and your personal information in accordance with the Terms of Use, must not:
8.3.1 be defamatory, false, inaccurate, misleading, or maliciously false;
8.3.2 be obscene, indecent, or in poor taste;
8.3.3 infringement of copyright, moral rights, database rights, trademark rights, design rights, rights of transfer, or any other intellectual property rights;
8.3.4 violate any right to privacy, confidentiality, or right under data protection laws;
8.3.5 constitute negligent advice or contain a statement of negligence; 8.3.6 constitute incitement to commit a crime;
8.3.7 contempt of any court or violation of a court order;
8.3.8 laws concerning racial or religious hatred or discrimination;
8.3.9 to be blasphemous;
8.3.10 to be in violation of the laws governing official secrecy;
8.3.11 constitutes a breach of any contractual obligation to any person;
8.3.12 depict violence in an explicit, graphic, or gratuitous manner;
8.3.13 consists of or contains any instructions, advice, or other information that could be acted upon and that, if acted upon, could cause illness, injury, or death, or any other loss or damage;
8.3.14 constitute spam; and
8.3.15 Be offensive, fraudulent, racist, deceptive, threatening, abusive, harassing, antisocial, hateful, discriminatory, or inflammatory.
Limited Warranties and Termination of Use
9.1 To the extent permitted by applicable law, we do not warrant or represent that:
9.1.1 the completeness, reliability, or accuracy of the information published on our website;
9.1.2 that the material or content on the website is up to date;
9.1.3 that the Website or any service on the Website will remain available;
9.1.4 to monitor the Website or review the Content that is shared or submitted to or through the Website, regardless of the fact that we reserve the right to review the Website and the Content, monitor all use and activity on the Website, and remove or choose not to make available on or through the Website any Content at our discretion;
9.1.5 that the website or the content on it will meet your requirements;
9.1.6 that the website will be available continuously, in a timely manner, securely, or without errors; and
9.1.7 that the quality of any information or content you view, read, or receive on or through the website will meet your expectations.
9.2 We reserve the right, at any time, without notice or explanation, and at our sole discretion, to terminate or modify some or all of the services on our website, to cease publishing our website, to discontinue providing or restrict access to the
website, and to discontinue, modify, or cease publishing any materials or Content on our website.
9.3 Unless otherwise expressly provided in these Terms of Use, you will not be entitled to any compensation or other payment upon the termination or modification of any service on the website or if we cease to publish the website.
9.4 To the fullest extent permitted by applicable law and subject to Section 10.1, we exclude all representations and warranties relating to the subject matter of the Terms of Use, our website, and the use of our website, and we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Website and all Content provided on or through the Website.
9.5 We may, at our discretion, terminate or restrict your access to or use of the website if we determine that you have infringed a third party’s copyright.
9.6 We may remove Content that is confidential and/or owned by a third party without that third party’s permission.
9.7 Unless otherwise expressly stated, the Website and all Content provided on or through the Website are provided on an “as is” and “as available” basis.
Limitations and Exclusions of Liability
10.1 Nothing in the Terms of Use shall:
10.1.1 Limiting or excluding any liability for death or bodily injury resulting from negligence;
10.1.2 limiting or excluding any liability for fraud or fraudulent misrepresentation;
10.1.3 limiting liability in a manner not permitted by applicable law; or
10.1.4 excludes any liabilities that cannot be excluded under applicable law.
10.2 The limitations and exclusions of liability set forth in this Section 10 and elsewhere in these terms and conditions:
10.2.1 are covered by Section 10.1; and
10.2.2 govern all obligations arising from these terms and conditions or related to the subject matter of these terms and conditions, including obligations arising from a contract, in tort (including negligence), and for breach of a statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable to you for any direct, indirect, incidental, special, or consequential losses or damages of any kind.
10.4 We shall not be liable to you for any direct, indirect, incidental, special, or consequential losses arising from any event or events beyond our reasonable control.
10.5 We shall not be liable to you for any direct, indirect, incidental, special, or consequential business losses, including (without limitation) loss of or damage to profits, revenue, income, use, production, anticipated savings, business, contracts, commercial opportunities, or reputation.
10.6 We shall not be liable to you for any direct, indirect, incidental, special, or consequential loss or damage to data, databases, or software.
10.7 You hereby acknowledge and agree that we have an interest in limiting the personal liability of our officers and employees, and, in light of this interest, you acknowledge that we are a limited liability company; You agree that you will not bring any claims personally against our employees or agents with respect to any losses you incur in connection with the website or these terms and conditions (this, of course, will not limit or exclude the liability of the limited liability company itself for the acts and omissions of our employees and staff).
Violations of the Terms of Use and Compensation
11.1 Without prejudice to our other rights under the Terms of Use, if you violate the Terms of Use in any way, or if we have reasonable grounds to suspect that you have violated the Terms of Use in any way, we may, at our discretion:
11.1.1 to send you one or more official warnings;
11.1.2 temporarily suspend your access to our website;
11.1.3 to permanently ban you from accessing our website;
11.1.4 websites accessed from computers or other electronic devices using your IP address;
11.1.5 Contact one or all of your Internet service providers and request that they block your access to our website;
11.1.6 to bring legal action against you, whether for breach of contract or otherwise; and/or
11.2 In any case where we may suspend, restrict, or block your access to our website or any section of our website, you must not take any action to circumvent such suspension, restriction, or block.
11.3 You hereby acknowledge and agree to indemnify and hold harmless Smart Factoring (including our officers, directors, employees, agents, contractors, and clients) from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or resulting from Content or information that you share, send, or provide to us, your violation of
these Terms of Use, or any other or additional rules, provisions, guidelines, or terms of use published for a specific section of the Website, or Content provided on or through the Website, or your violation or infringement of third-party rights, including intellectual property rights.
Rejection and Independence
12.1 If any provision of the Terms of Use (including provisions relating to certain disclaimers and/or the exclusion or limitation of certain warranties and/or liabilities) is determined by a court or other competent authority to be unlawful and/or unenforceable, the remaining provisions shall remain in full force and effect.
12.2 If any provision of these Terms of Use is unlawful and/or unenforceable, but would be lawful or enforceable if part of it were deleted, that part shall be deemed deleted, and the remainder of the provision shall remain in full force and effect.
12.3 If any part or provision of these Terms of Use is found to be unenforceable, that part or provision may be modified or amended so that the Terms of Use, as modified, are lawful and enforceable.
12.4 Our failure or omission to exercise or enforce any rights or provisions in these Terms of Use shall not constitute a waiver of such rights or provisions.
Third-Party Rights
13.1 An agreement under these Terms of Use is for our and your benefit and is not intended to benefit or be enforceable by any third party.
13.2 The exercise of our and your contractual rights under these Terms of Use is not subject to the consent of any third party.
13.3 The website provides links to third-party websites and access to third-party content, products, and services.
13.4 We are not responsible for third-party content provided on or through the website, or for any modifications or updates to such third-party websites, and you assume all risks associated with accessing or using such third-party websites, content, products, and services.
Comprehensive Agreement
Pursuant to Section 10.1, these Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding your use of our website and supersede all prior agreements between you and us regarding your use of our website.
Law and Jurisdiction
15.1 These Terms of Use are governed by and shall be interpreted in accordance with the laws of the Republic of Bulgaria.
15.2 All disputes, claims, or obligations (whether contractual or non-contractual) arising out of or in connection with this Agreement, its subject matter, or its formation, shall be governed by the laws of the Republic of Bulgaria and shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Bulgaria.
Our Contact Information
16.1 This website is operated by Smart Factoring EOOD.
16.2.1 by mail, using the mailing address provided above and the addresses published on the website;
16.2.2 using the “Request Information” section of our website;
16.2.3 by phone, using the contact number listed on our website; or
16.2.4 by email, using the email address posted on our website.
Effective October 13, 2023.