Public Offer Agreement with Users “SMART WAY GLOBAL LOGISTICS”
1. DEFINITIONS
1.1. SMART WAY GLOBAL LOGISTICS – a customs and logistics service provider operating under the trademark “SMART WAY GLOBAL LOGISTICS”, represented by Daleth Brok LLC, duly incorporated and registered under the laws of Ukraine.
1.2. Company – Daleth Brok LLC
Registered in Ukraine
Registration code: З9З80576
EORI: EE65730151
Email: support@smartway.global
1.3. User – any legally capable individual or legal entity acting in a business-to-business (B2B) capacity, including but not limited to drivers, carriers, freight forwarders, logistics companies, customs brokers, and cargo owners, who accesses or uses the Website, Application, or Services.
1.4. Driver / Carrier – a User who performs transportation of goods and uses the Services in connection with international перевозки and customs clearance.
1.5. Website – https://smartway.global and any subdomains, including cabinet.smartway.global.
1.6. Application – the mobile application “SMART WAY GLOBAL LOGISTICS”.
1.7. Services – customs clearance, customs brokerage, logistics coordination, documentation support, and related services provided directly by SMART WAY GLOBAL LOGISTICS and/or through official service providers within the SMART WAY ecosystem.
1.8. Order – a duly completed request submitted via the Website or Application for the provision of Services.
2. LEGAL NATURE OF THE AGREEMENT
2.1. These Terms and Conditions constitute a public offer in accordance with the legislation of Ukraine.
2.2. By registering an account, submitting an Order, or using the Website, Application, or Services, the User unconditionally accepts these Terms.
2.3. This Agreement is B2B-only. Consumer protection legislation does not apply.
2.4. The English version of these Terms shall prevail in case of discrepancies with translations.
3. SCOPE OF SERVICES
3.1. SMART WAY GLOBAL LOGISTICS acts as a direct provider of customs and logistics services.
3.2. Certain services may be performed by official third-party service providers operating within the SMART WAY ecosystem. In such cases, SMART WAY GLOBAL LOGISTICS acts as a coordinating entity.
3.3. The Company does not guarantee any specific outcome related to:
- customs authority decisions,
- inspection duration,
- border crossing times,
- actions or omissions of state authorities.
4. REGISTRATION AND ACCOUNT
4.1. Registration is mandatory to access Services.
4.2. Users must provide accurate, complete, and up-to-date information, including but not limited to:
- identification documents,
- driver’s license,
- vehicle registration documents,
- customs-related documentation.
4.3. The User confirms full legal capacity and authority to act on behalf of a legal entity (if applicable).
4.4. Only one account per User is permitted.
4.5. The User is fully responsible for account security and all actions performed under the account.
5. ACCOUNT SUSPENSION AND TERMINATION
5.1. SMART WAY GLOBAL LOGISTICS may, at its sole discretion and without prior notice, suspend or terminate access to the account in cases including, but not limited to:
- violation of these Terms,
- provision of false or misleading information,
- suspected illegal activity,
- abuse of the Services.
5.2. The Company may retain User data after account termination to the extent required by law, regulatory obligations, or legitimate business interests.
5.3. Account deletion requests, as well as all inquiries, concerns, complaints, or disputes, must be submitted in writing to:
📧 support@smartway.global
6. PAYMENTS
6.1. Services are paid on the basis of invoices or payment notifications.
6.2. Payment methods include:
- bank transfer,
- card payments via LiqPay.
6.3. SMART WAY GLOBAL LOGISTICS does not store payment card data.
7. REFUNDS
7.1. Refunds are provided only in cases of proven erroneous payments.
7.2. Refund requests must be submitted within a reasonable time.
7.3. Refunds are processed within 10 banking days from confirmation of an erroneous payment.
7.4. In all other cases, refunds may be granted solely at the discretion of the service provider.
8. LIMITATION OF LIABILITY
8.1. Services are provided on an “as is” and “as available” basis.
8.2. SMART WAY GLOBAL LOGISTICS does not guarantee uninterrupted or error-free operation of the Website, Application, or Services.
8.3. The Company shall not be liable for:
- delays caused by customs authorities,
- border closures,
- inspections,
- force majeure events,
- actions or decisions of third parties.
8.4. The total liability of SMART WAY GLOBAL LOGISTICS shall in all cases be limited to the amount actually paid by the User for the relevant Service.
9. FORCE MAJEURE
9.1. SMART WAY GLOBAL LOGISTICS shall not be liable for failure or delay in performance caused by events beyond reasonable control, including but not limited to:
- war or armed conflict,
- sanctions,
- border closures,
- actions of state authorities,
- strikes,
- power outages,
- internet or system failures.
10. USE OF INFORMATION AND CONTENT
10.1. Users shall not use the Website, Application, or Services for:
- unauthorized advertising,
- spam,
- misleading communications,
- illegal activities.
10.2. By uploading documents or data, the User confirms lawful ownership and right of use.
10.3. SMART WAY GLOBAL LOGISTICS may transmit information to law enforcement authorities where required by law.
11. PERSONAL DATA AND GDPR
11.1. Personal data is processed in accordance with:
- Ukrainian data protection law, and
- GDPR, where applicable.
11.2. Processed data may include:
- identification documents,
- driver’s licenses,
- vehicle documentation,
- customs documentation,
- transactional data.
11.3. Data may be processed by trusted third-party processors, including hosting, CRM, analytics, and payment service providers.
11.4. Personal data is processed strictly for the purpose of providing Services and complying with legal obligations.
12. AMENDMENTS
12.1. SMART WAY GLOBAL LOGISTICS may amend these Terms at any time.
12.2. Updated versions are published at:
https://cabinet.smartway.global/terms
12.3. Continued use of Services constitutes acceptance of amendments.
13. GOVERNING LAW AND DISPUTES
13.1. These Terms are governed by the laws of Ukraine.
13.2. All disputes shall first be attempted to be resolved through written communication with:
📧 support@smartway.global
13.3. If unresolved, disputes shall be submitted to the competent courts of Ukraine at the place of registration of the Company.
14. CONTACT INFORMATION
📧 support@smartway.global
🌐 https://smartway.global

