www.smartcrds.com (the "Site") (including any of its subdomains and social media sites or blogs) is the website of SmartCards controlled by its owners (hereinafter referred to as the "Owners").
By using the Site you agree to be legally bound by these Terms and Conditions, which shall take effect immediately on your first use of the Site. If you do not agree to be legally bound by these Terms and Conditions, you must not access or use the Site.
The Owners may update or amend these Terms and Conditions at any time by posting changes online. Please review these Terms and Conditions regularly to ensure you are aware of all changes made thereto. Your continued use of the Site after changes are posted means that you agree to be legally bound by these Terms and Conditions as updated or amended.
Access of this site is for non-commercial use only. For the avoidance of doubt, you can view the content on your receiving device solely for that purpose but you may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Site content in any way except for your own personal use unless you are an authorized SmartCards reseller or distributor. You also agree not to adapt, alter or create a derivative work from the Site content unless otherwise agreed by SmartCards in writing. Such and any other use of the Site content requires the prior written permission of the Owner. If the Owner has granted a specific license to you, you may copy or reproduce Site content if such copying or reproduction is incidental or necessitated by your legitimate business needs, strictly subject to the requirement that all Site content is properly accredited to the Owner.
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of any other user or restrict or inhibit any other user's use and enjoyment of the Site. Prohibited behavior includes but is not limited to harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site.
In accessing the Site, you agree not to:
impersonate another person or use a false name or a name you are unauthorised to use to create a false identity or e-mail address or try to mislead others as to the identity or origins of any communications;
damage, interfere with or disrupt access to the Site or to anything which may interrupt or impair its functionality;
threaten, harass, stop, abuse, disrupt or otherwise violate the rights (including rights of privacy) of others;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software; or
post, upload, publish, reproduce, transmit or otherwise distribute or make available information or other material on the Site: (i) that constitutes or encourages conduct that would give rise to a criminal offence or civil liability; (ii) which is protected by copyright or other intellectual property right or derivative works thereof, without obtaining prior written permission of the intellectual property right holder; or (iii) otherwise use the Site in a manner which is contrary to law or which may, in the opinion of the Owner, adversely impact use of the Site or the internet.
The Owners retain the absolute right to prevent you from accessing the Site, without prejudice to any of the Owners’ available rights and remedies, where they, in their absolute and sole discretion, consider that you are contravening these Terms and Conditions and/or any other access policy relating to the Site that may be maintained by the Owners.
Disclaimers and Limitation of Liability
The Site content, including the information, names, images, pictures, logos and icons regarding or relating to the Owners, their products and/or services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations. The Owners do not warrant that the functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs, corrupt data, "trojan horses", "worms" or any other harmful software.
The Owners assume no responsibility to you or any third party for any errors or omissions of any kind in the Site content or deriving therefrom and disclaim all warranties and to any other matter relating to the Site and the Site content, including but not limited to, any kind of warranty made (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, merchantability, non-infringement, compatibility, security and accuracy.
Under no circumstances will the Owners be liable for any damages and/or losses and/or other claims (whether the same were foreseen, foreseeable, known or otherwise) arising out of or in connection with the use or performance of the Site or the content available or referred to on the Site or on any other site that you may access through the Site, even if advised of the possibility of such damages, including without limitation:
loss of data;
loss of revenue or anticipated profits;
loss of business;
loss of opportunity;
loss of goodwill or injury to reputation/defamation;
losses suffered by third parties; or
any indirect, consequential, special, incidental or exemplary damages.
All material contained on the Site is published in good faith. The Owners do not in any circumstance accept responsibility for the accuracy or otherwise of any Advertisement or message published or its compliance with any legal or regulatory requirements (nor is any kind of warranty expressed or implied by such publication). The Owners specifically disclaim all and any liability to the Buyers, Advertisers, readers and users or any other person of any kind for loss or damage of any nature whatsoever and however arising, whether due to inaccuracy, error, omission or any other cause, and whether on the part of the Owners or their employees or agents or any other persons. Under no circumstances shall the Owners be liable to the Buyers, Advertisers, readers and users or any other person for any special, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from loss of sales, loss of goodwill, loss of profits, whether or not the Owners were advised of the possibility of such losses. In all other respects, the Owner's liability shall be limited to the relevant fees paid by the Buyer.
By using this website you consent to the processing of data about you by our ad service providers as described herein. Our ad service provider may from time to time require Buyer/Customer to provide specific additional notice mechanisms consistent with applicable laws or industry self-regulations for the purpose of providing end users with information and choices in connection with online advertising.
The Owners reserve the right to modify and suspend the Site (or its subdomains) at any time and for so long as the Owners (at their sole discretion) may wish, as well as change or remove any Site content from the Site, in whole or in part, at its sole discretion, at any time without notice and without any liability whatsoever.
The Owners do not warrant that any services purchased on the Site will continue to be in existence greater than 12 months from the date of purchase.
The Owners reserve the right to transfer ownership of the Site to a third party.
Links available on the Site will allow you to link to websites not maintained or controlled by the Owners. The Owners provide these links for your convenience and is not responsible for the contents of any linked websites. The Owners cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links and makes no representation or endorsement whatsoever about any other website which you may access through the Site. It is your responsibility to ensure that any website you choose to use is free of potentially destructive items such as viruses.
You agree to defend, indemnify and hold harmless the Owners from any and all liability, costs, claims, proceedings, demands, losses, damages, expenses, including without limitation, all attorneys' fees, which may be related to any violation of these Terms and Conditions by you or users of your account or in connection with the use of the Site or placement or transmission of any information or other materials on the Site by you or users of your account.
All intellectual property rights, including copyright and database rights, in this site and its contents (including but not limited to text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips and any after- sales material, hereinafter referred to as “the materials”) are owned by or licensed by the Owners or otherwise used by the Owners as permitted by applicable law.
The names, images and logos identifying the Owner or third parties and their products and services are subject to copyright, design rights and trademarks of the Owners and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring by implication, estoppel or otherwise, any license or right to use any trademark, patent, design right or copyright of the Owner or any third party.
Contributions to the Site
Where you are invited to submit a contribution to the Site (including but not limited to any text, photographs, video or graphics) you agree, by submitting your contribution, to grant the Owners a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and other applicable rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution. If you do not want to grant to the Owners the rights set out above, you should not submit your contribution to the Site.
By submitting your contribution to the Site:
you warrant that your contribution: (i) is your own original work and that you have the right to make it available to the Owners for all the purposes specified above; (ii) is not defamatory; (iii) will not cause incidental or consequential harm; and(iv) does not infringe any law or regulation;
indemnify the Owners against all legal fees, damages and other expenses that may be incurred by the Owners as a result of your breach of the above warranty or otherwise; and
waive any moral and economical rights in your contribution for the purposes of its submission to and publication on the Site and the purposes specified above.
Pricing, Returns and Refunds
The List Price displayed for products or services on our Site represents the full retail price of that product or service at that particular point in time. These prices may change from time to time at the discretion of the Owners to take into account promotions, seasonal factors, a revision to products or services and other factors.
SmartCards does not offer refunds or returns for late delivery. Whilst we do our best to ensure your order arrives within a reasonable timeframe at times certain factors render the time-frame beyond our control. Refunds are also not issued on cards that are designed based on templates provided by you. Any other refunds are issued on a case by case basis and at sole discretion of the Owners.
If there is any conflict between these Terms and Conditions and the terms and conditions appearing elsewhere on the Site, these Terms and Conditions shall prevail in respect of this Site.
No modification shall be binding unless made in writing by the Owners.
No waiver by the Owners shall be effective except in relation to the matter in respect of which it was specifically given.
The Owners’ failure to insist upon or enforce strict performance of any provision contained herein shall not be construed as a waiver of any provision contained, or right granted, herein.
If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by a court of competent jurisdiction within any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition, or part thereof, is illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability of any other provisions contained herein.
These terms shall be governed by and interpreted in accordance with International Laws.
Changes to the Terms and Conditions
Thank you for visiting and using the Site. We welcome your feedback and suggestions on all Site services. Please feel free to contact us on the email addresses or forms indicated on the Site.