1. Parties and Scope
By using this site and by sending your personal document(s) to SMARTMALL.CLUB (hereinafter SMARTMALLCLUB) you acknowledge reading and you convey your agreement with these Terms & Conditions and the Privacy Statement. If you do not agree with the terms stated in this agreement or are dissatisfied with the site please direct your complaints to Contact Us page. Failure to comply with these Terms & Conditions may result in legal action and restriction of your ability to access this site. From time to time, SMARTMALLCLUB may modify these Terms & Conditions. Please continue to review this agreement whenever accessing or using this site.
These are the terms and conditions (“Terms”) that govern the relationship between you, our customer (referred to as “you” in these terms) and SMARTMALLCLUB for provision of services provided by SMARTMALLCLUB. If you are a consumer within the meaning of any local law e.g. Consumer Protection Act (“Consumer”) then additional rights may be available to you and will be specified in this document. If you are not a Consumer, you confirm that you have authority to bind any business on whose behalf you seek to purchase services.
Other general terms and conditions do not apply and do not form part of the contract between us, even if we do not explicitly reject them. The Terms are subject to change without prior notice, except that the Terms in force at the time you place or modify an order will govern the order in question.
For the avoidance of doubt, if we provide services to you, you are our customer and these Terms apply. If we refer you to any other service provider, you take responsibility for reviewing any services provided and that service provider’s terms and conditions will apply for their services. We do not accept any liability for third party services and these Terms will not apply to those services.
These Terms apply to any offer and any agreement between you and SMARTMALLCLUB and to the provision of any service provided to you by or on behalf of SMARTMALLCLUB.
While providing our services to you SMARTMALLCLUB will endeavour to provide you with accurate information to the best of its ability to obtain, maintain and retain such information.
3. Submission of documentation
By submitting one or more requests to us you accept these Terms. SMARTMALLCLUB reserves the right to refuse in its total discretion to handle any application at any time and no reason need be given.
The fees for SMARTMALLCLUB services shall be those specified in our offers, including any indirect taxes (if any) that are applicable to the fees, and other charges and fees charged by any third-party, all of which must be paid by you. All service fees are non-refundable.
5. Web-site use
Links. This web site contains links to third-party Web sites. These links are provided exclusively for information purposes and to assist in locating other Internet resources. We are not responsible for the content, accuracy of information, expressed opinions or statements, of any third-party sites linked to us or any links contained in a linked site.
Termination. You agree that SMARTMALLCLUB shall have the right to terminate your ability to access this site at any time without notice and you that will not hold SMARTMALLCLUB responsible or liable for any damages whatsoever. SMARTMALLCLUB reserves the right to decline processing of your request for services for any reason, including but not limited to incomplete request, rude behaviour or disrespectful communication, insufficient processing time, or unusual circumstances.
Restrictions on Use. This site is intended for use by adult individuals over 18 years of age. It may not be used for any illegal purpose or in any manner inconsistent with these Terms & Conditions. You may not use this site for any reason other than its intended purpose. If you submit any information to our site, you agree not to post or transmit pyramid schemes or chain letters, a virus or any other harmful component, anything that violates the copyright or intellectual property rights of any person or entity, including but not limited to copyrights and trademarks, anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, RECIRCULATE, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THIS WEBSITE, IMAGES AND OTHER MATERIAL, OR OFFER ANY PART OF THE SERVICE FOR SALE, OR DISTRIBUTION WITHOUT THE PRIOR WRITTEN CONSENT OF SMARTMALLCLUB.
6. Force Majeure
We accept no responsibility for and shall not be liable in respect of any loss or damage or alterations, delay or changes arising from unusual and unforeseeable circumstances beyond our control, such as war or threat of war, riot, civil strife, industrial action, dispute including air traffic control, terrorist activity, natural and nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, stations or ports, cancellations of schedules by schedule airline or train operator. Where SMARTMALLCLUB is unable to carry out any obligation under the contract due to any circumstance, matter or thing beyond its reasonable control (“force majeure”) SMARTMALLCLUB shall be excused from such obligations to the extent of such prevention, restriction or interference so caused. SMARTMALLCLUB may sub-contract all or part of its obligations or assign all or part of its rights to a selected third-party. This agreement does not create any right enforceable by a person who is not a party to it, except for any lawful successor or assignee. Any dispute shall be governed by Canadian law and both parties agree to submit to the exclusive jurisdiction of the courts of Canada.
Intellectual Property. This Web site, including but not limited to text, content, photographs, graphics, software applications, is protected as a collective work by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Canada and other countries. All logos, images, Web site design, text, graphics, software, HTML code used to generate Web pages on SMARTMALL.CLUB, are the sole property of SMARTMALLCLUB and cannot be copied, adapted, sketched, painted, or otherwise reproduced in any manner whatsoever without the prior written permission of SMARTMALLCLUB. All other service marks, trademarks, names or logos, individual articles, columns and other elements are the property of their respective owners. SMARTMALLCLUB is not responsible for other service marks, trademarks, names or logos, articles, columns, and other elements that may be copyrighted or may be the trademarks and/or service marks of their respective owners.
Copyrights and Trademarks compliance. SMARTMALLCLUB takes all steps necessary to insure compliance with and honoring intellectual property rights of others. You hereby agree to hold SMARTMALLCLUB free of any responsibility and liability arising from any actual or alleged intellectual rights infringement and agree to notify SMARTMALLCLUB of any such actual or perceived infringement immediately upon discovery in writing. You also agree to allow SMARTMALLCLUB enough time to investigate and respond to any such infringement or accusation before taking any legal action.
Indemnification. You shall indemnify, hold and save harmless, and defend at your own expense SMARTMALLCLUB, its officers, directors, agents, and employees from and against all suits, claims, demands and liability of any nature or kind, including costs and expenses arising out of acts of violation of these Terms & Conditions by you, your employees, agents, sub-contractors, or anyone using your computer/user ID. This requirement shall extend to claims or liabilities of any third parties arising out of the use of any patented or copyrighted information or for any other reason. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any claim, suit and/or action or proceeding attributable to any such action.
Governing Law. These Terms and Conditions must be governed by the laws of the Province of British Columbia, Canada.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract. If any provision of these Terms does not comply with any law, then the provision must be read down so as to give it as much effect as possible. If it is not possible to give the provision any effect at all, then it must be treated as severable from the rest of the Terms.