Terms of Service
Please read these Terms of Service and our Privacy Policy. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
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Introduction
By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
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General Conditions
By agreeing to these Terms of Service, you represent that you are the age of majority in your city/town or province of residence
You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
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Registration, Account and communication preferences
By creating an account/Profile, you agree to provide accurate, current and complete account information; maintain and promptly update, as necessary, your account information; maintain the security of your account credentials; be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf; and immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating an account, you also consent to receive electronic communications (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorisations, password changes and other transactional information) and are part of your relationship with us.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
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Accuracy of billing and account information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorised to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).
If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You can do so at any time by logging into your account and editing your payment information.
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Products or Service
All of our products and services are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain products and services and to substitute these without prior notice. We strive to provide you with high-quality products and services.
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. Any offer for any product or service made on this site is void where prohibited.
You agree to provide current, complete and accurate purchase for all purchases made on our site. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address.
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Delivery Times
The delivery service covers the selected postal codes listed on the website. Deliveries are made between 8 am and 5 pm. You may amend your address details on the website up until 24 hours before the delivery day. If we are unable to deliver to the specified address for whatever reason, we’ll attempt to contact you on the contact number on your profile page to make an arrangement to deliver. We’ll endeavour to make every effort to deliver up to a maximum of two attempts, but should this not be possible for whatever reason, you agree to forfeit your order with no refund. You will not hold us responsible for any delays, outside our control, which relate to the delivery of your orders. It is your responsibility to report all lost deliveries to us within 24 hours. Failure to do so will result in no refund.
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User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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Personal Information
Your submission of personal information through the website and/or store is governed by our Privacy Policy.
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Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
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Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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Indemnification
You agree to indemnify, defend and hold harmless Smart is Cool and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and /or accordingly may deny you access to our Services (or any part thereof).
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Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
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Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
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Contact Information
Questions about the Terms of Service should be sent to us at support@smartiscool.co.za.