Terms and Conditions

Last update: May 25, 2021

Please read these terms and conditions carefully before using Our Service.

 

Interpretation and definitions

Interpretation

Words whose initial letter is capitalized have defined meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in singular or plural.

 

Definitions

For the purposes of these Terms and Conditions:

 

* Affiliate means an entity that controls, is controlled by or is under common control with a party, where «control» means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other management authority.

* Country refers to: Ontario, Canada

* Company (referred to as «the Company», «We», «Us», «We» or «Our» in this Agreement) refers to Smart-di Solutions, 59 Shoreacres Dr., Kitchener, ON N2R 0K7 – Canada.

* Device means any device that can access the Service, such as a computer, cell phone or digital tablet.

* The service refers to the website.

* Terms and Conditions (also referred to as «Terms») refers to these Terms and Conditions which form the entire agreement between You and the Company with respect to the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

* Third Party Social Networking Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.

* The website refers to Smart-di, accessible from https://www.smart-di.com/.

* You refer to the person accessing or using the Service, or the company or other legal entity on behalf of which such person is accessing or using the Service, as applicable.

 

Recognition

These are the Terms and Conditions that govern the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set forth the rights and obligations of all users with respect to the use of the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not access the Service.

You represent that you are 18 years of age or older. The Company does not allow children under the age of 18 to use the Service.

Your access to and use of the Service is also conditioned upon Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes Our policies and procedures regarding the collection, use and disclosure of Your personal information when You use the Application or the Website and informs You of Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our service.

 

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly encourage you to read the terms and conditions and privacy policies of any third party websites or services you visit.

 

Termination

We may terminate or suspend Your access immediately, without notice or liability, for any reason, including, without limitation, if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

 

Limitation of liability

Notwithstanding any damages You may incur, the aggregate liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100. if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way connected with the use of or inability to use the Service, third party software and/or third party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, each party’s liability shall be limited to the greatest extent permitted by law.

 

«AS IS» and «AS AVAILABLE» disclaimers

The Service is provided to you «AS IS» and «AS AVAILABLE» and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind that the Service will meet Your requirements, achieve the intended results.

Without limiting the foregoing, neither the Company nor any of the Company’s suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products. included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, content or emails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a consumer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. But in such case, the exclusions and limitations set forth in this section will apply to the fullest extent possible under applicable law.

 

Governing Law

The laws of the Country, excluding its conflicts of laws, will govern these Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.

 

Dispute resolution

If you have a concern or dispute about the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

 

For European Union (EU) users

If you are a consumer in the European Union, you will benefit from the mandatory provisions of the law of the country in which you reside.

 

U.S. legal compliance

You represent and warrant that (i) you are not located in a country that is subject to U.S. government embargo, or that has been designated by the U.S. government as a «terrorist-supporting» country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

 

Divisibility and waiver

Divisibility

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to achieve the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions shall continue in full force and effect.

 

Exemption

Except as provided herein, failure to exercise a right or require performance of an obligation under these Terms shall not affect the ability of a party to exercise such right or require such performance at any time thereafter, nor shall it constitute a waiver of waiver of a default. of any subsequent default.

 

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available on our Service. You agree that the original English text shall prevail in the event of a dispute.

 

Changes to these terms and conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will use reasonable efforts to provide at least 30 days’ notice before the new terms become effective. What constitutes a material change will be determined in Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms.

If you do not agree to the new terms, in whole or in part, please discontinue using the website and the Service.

 

Contact us

If you have any questions about these Terms and Conditions, you may contact us:

By email: contact@smart-di.com

By visiting this page on our website: https://www.smart-di.com/contact

By mail: 59 Shoreacres Drive, Kitchener, ON N2R 0K1, Canada