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Terms
of Service
This Agreement
describes the terms and conditions governing your access and use
(including but not limitied to your browsing, responding, participating
or subscribing to any of the free and fee based Services provided
therein) of the Smartshoppingworld.com website and its Services.
Under this agreement, :
- "This site" refers to the Smartshoppingworld.com Website
and its Services.
- "We", "Us", "Our" refers to SMARTShoppingworld.com
and its operator Brinsdale International.
- "Merchant" refers to any paying as well as non-paying
individual, company or entity operating a website, storefront
or business on or off the internet and whose banners, products,
services, storefront , website or business is mentioned, advertised,
hosted, listed, displayed, featured, or referenced via hypertext(url)
links or otherwise on this site.
-"Services" refers to any on-line resources and facilities,
which are provided and made available on this site on a free or
fee-based subscription basis. They include, but are not limited
to Link Exchange Directory Listing, WebStore Hosting Services,
Smartshoppingworld Store Listing, Banner and Coupon Advertising,
Product Newswatch, Coupons Galore, Smart Tips, Reminder Service,
Gift Registry, Smartshoppingworld Affiliate Program, Members Newsletter
Subscription and any other tools or programs which we may implement
from time to time.
-"Use of this site" refers to anyone who visits and
uses, including but not limited to browsing, responding, participating
or subscribing to any of the Services on the Smartshoppingworld.com
Website.
- "You" refers to You, the visitor and user, who enters
and browses for any information or who responds, participates,
or subscribes to any of the Services on this site.
.DISCLAIMER
All information materials and services on this site are provided
on an "as is" basis and is without warranties of any
kind either express or implied. To the full extent permissible
and subject and pursant by applicable law, we disclaim all warranties,
express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose
or non-infringement.
We do not warrant or make any representations regarding the use
or the results of the use of this site in terms of its correctness,
accuracy, usefulness, timeliness, reliability, or otherwise. Under
no cirumstances shall we be liable for any loss or damage caused
by your reliance on any of the Services or information obtained
through this site, or on any advertisement or offer misrepresented
or not fulfilled by any merchant or advertiser hosted, referenced
or featured on this site. When in doubt, it is your sole responsiblity
to verify all information before you act upon it by contacting
the respective merchant or advertiser concerned.
All links provided within this site and those linking to other
sites does not imply any endorsement by us of the linked sites,
their content or owners. We make no representations whatsoever
about any other website which you may access via links located
on this site. We do not guarantee that this site and all the Services
which it provides will be error-free or continuously available,
or that its Services will be free of any virus, or other harmful
elements.
Under no circumstances, including, but not limited to negligence
shall we be liable for any loss, claim or direct, indirect, incidental,
special or consequential damages (including but not limited to
loss of data, standing, goodwill, income, savings, or profits,
loss of or damage to property) even if we, our officers, employees,
or any of our authorised representative has been advised of possibility
of such damages, which arises out of or is in any way connected
with the use of, or the inability to use this site. In no event
shall our total liability to you, howsoever arising, for damages,
losses, costs and expenses under whatever causes of action, whether
in contract, tort or otherwise exceed the amount paid by you,
if any, for accessing this site.
CONDITIONS ON USE
By accessing and using this site(including your subscription
to any of its free and fee-based Services), you are deemed to
have read, understood and agree to be bound by, and to comply
with, all the Terms and Conditions contain herein as well as any
other terms and conditions, guidelines or rules applicable to
any individual service provided on this site, and which we reserve
the right to add, modify or remove any portion of such terms and
conditions from time to time.
You shall be responsible for reviewing all terms and conditions
regularly and your continued access and use of this site despite
any revisions to the terms and conditions shall constitute your
full acceptance to be bound by such changes. If at any time you
do not agree with any of the terms and conditions, you are advised
to terminate the use of this site as well as your subscription
account (if any), and to exit immediately. Access to this site,
subscription to any of its Services, its use, and view of its
contents, either in part or its entirety shall constitute your
full acceptance to all our terms and conditions.
RESTRICTIONS ON USE OF MATERIALS
We, our affiliates, partners, content providers, sponsors,
principals, licensors, merchants, advertisers
and any other parties concerned, retain all their respective
rights to the specific promotions and any associated text and/or
graphics displayed on this site. All product names, logos, service
marks, and trademarks as displayed, featured or mentioned on this
site belong to their respective legal owners. No material from
this site may be modified, reproduced (electronically or otherwise),
copied, transmitted, displayed or sold in any way without prior
written permission.
INDEMNIFICATION
By accessing and using any of the information and/or Services
of this site, you agree to indemnify, defend and hold harmless
we, our officers, employees, affiliates, partners, content providers,
sponsors, licensors, merchants, advertisers and their respective
principals and associates from and against all losses, expenses,
damages and costs, including reasonable attorney's fees, resulting
from any violation of this agreement on your part, or from any
action or activity undertaken, either directly or indirectly,
relating to your access and use of this site.
SUBSCRIPTION
REGISTRATION
When you register or sign-up to subscribe to any of the Services,
you shall agree to provide us with whatever information that may
be required of you and you further agree that such information
shall be true, accurate and complete failing which we shall have
the right to limit, suspend or terminate your account and restrict
you from current and future use of any of the Services on this
site. It is your sole responsibility to keep all your registration
information updated and to keep us informed in writing via e-mail
should there be any change in your registration records
PASSWORD AND SECURITY
Your subscription account, once approved, shall be accessed and
used solely by you for the particular Service(s) for which it
is intended. This include paid subscription as well as any free
subscription services, including services which are provided on
a limited free trial period. You agree not to abuse the service
by sharing or cause it to be shared or used by any third party.
Any login name and password issued to you shall be your sole responsibility
and you agree to maintain the confidentiality of your login name
and password and you shall be fully responsible for all activities
carried out under your account. We shall not be liable for any
loss or damage suffered by you or as a result of any wrongful
or fraudulent use of your account by any other person. You are
required to notify us immediately should you discover or are aware
of any possible breach of security or any unauthorised use of
your subscription account.
MODIFICATIONS OF SERVICES AND TERMS AND CONDITIONS
We reserve the right at any time to modify, suspend or discontinue
our Services (or any part thereof), either temporarily or permanently,
including removing all or part of your communications or postings
or any other information with or without any notification given
to you and you agree that we shall not be liable in any way, whatsoever,
either to you or to any third party for any such action undertaken
by us.
We also
reserve the right to add, delete, modify, or amend any of the
terms and conditions contained herein at anytime and without notification,
by incorporating the updated terms into this agreement on this
page. By accessing and continue to use any of the Services on
this site even after any of the updated terms are incorporated,
you are deemed to have accepted and agreed to the overall terms
and conditions (including any updated terms) contained herein.
Where such changes relate to a revision of subscription fees or
charges for a particular Service, such information shall be updated
and posted on the relevant webpage(s) on this site that reflects
a summary of our various Services and their current applicable
fees and charges, and such changes to be effective upon such posting.
PAYMENT
You agree to pay all subscription fees, charges and any other
fees imposed on your subscription account as and when they become
due.
Payment for your subscription account must be made within 25 days
from the due date failing which we shall have the right to impose
interest charges at the rate of 12% per annum on the outstanding
amount from the date due until the date of full payment.
Any
late or partial payment received and accepted by us shall not
be deemed a waiver of any of our rights to make further claims
from you, now and in future, for the full remaining amount outstanding
due and owing to us (including interests) unless we confirm in
writing with notification sent to you by regular mail that the
partial payment received from you shall be considered as full
and final settlement of the total outstanding amount owed.
TERMINATION
We may, at our discretion, and without prior notice, terminate
or cancel your subscription account with immediate effect, and
for whatever reason, including, without limitation, for lack of
use( in the case of free subscription Services) or if, in our
opinion, you have breached, violated or acted in such a way which
is inconsistent with the letter or spirit of this agreement, and
we shall not be liable to you or any other third party for any
damage, cost or loss whatsoever resulting from such cancellation.
We
also reserve the right to terminate your subscription account
at any time and without notification, if you consistently fail
to pay all amount outstanding (including interest charges) for
a period of six months or more and legal action shall be taken
to recover the full amount outstanding plus interest charges due
from you.
In such event, we shall not be liable to you or any other third
party for any damage, cost or loss whatsoever and you shall agree
to pay all outstanding subscription fees (if any) up to the end
of the contractual period subscribed. Any such money due to us
from you shall have to be made payable within 30 days from the
date of your account termination. You
agree that termination of your subscription account, under any
circumstances, shall not relieve you in any way whatsoever, and
you shall remain liable for all obligations relating to your account,
including your obligation to make full payment of all amount due
and owing to us.
You agree that
we shall be entitled to indemnifications from you for all expenses
incurred by us in the course of recovering all overdue payments
from you. This includes, without limitations, the legal costs,
administrative costs, collection agency fees, as well as any other
costs incurred in enforcing our rights under the terms and conditions
of this Agreement.
We
may, at our discretion, reactivate a cancelled, terminated or
suspended account and impose a reactivation fee of such amount
as deemed fit by us for such reinstatement.
In
the case where payment has been effected for the full contractual
period and the account is subsequently terminated or cancelled
on your own accord, and not due to any breach or violation of
any of the terms and conditions on your part, no refund for the
amount equivalent from the period your account is terminated up
to the remaining unused portion of the paid contracted subscription
period shall be made to you if such cancellation or termination
takes place within the first 3 months(minimum subscription period)
of your
signing up. Where it has been expressly stated that a 30-day money
back guarantee shall be given for a particular Service, then under
such condition, a refund shall be given to you if subscription
for the Service is terminated within 30 days upon subscription.
Where cancellation or termination of an account is due to a breach
or violation on your part, at any point in time, of any of the
terms and conditons of this agreement, no refund equivalent from
the period your account is terminated up to the remaining unused
portion of the paid contracted subscription period shall be given,
whether such termination is initiated on your own accord or by
us notwithstanding the account has satisfy the 3 months minimum
subscription period requirement.
Where a Service for which payment has been effected and is subsequently
cancelled or terminated by us before the completion of the contractual
period, due to unforseen circumstances, and for whatever reasons,
we shall not be liable to you or any third party in any way whatsoever,
for any damage, cost or loss, arising from either directly, indirectly,
incidental or consequential of such termination, and that your
only entitlement in this case, shall be the refund from us to
you for the amount equivalent to the remaining unused portion
of the contracted subscription period which you have paid.
LINKED INTERNET SITES
This site contain links to other internet sites which may
or may not be paid subscribers to any of the Services provided
by us on this site. In all cases, these other internet sites are
not maintained by us and they may contain information that is
inappropriate, offensive, inaccurate, false or misleading or which
violates copyright, libel or defamatioon laws. You are advised
to exercise caution and discretion when visiting these linked
sites. We are not responsible and does not operate or control
any content and services provided on such sites. The links are
provided solely for your convenience and do not constitute an
endorsement by us of any of such sites, their purpose and contents
whatsoever. We do not make any representation concerning the effort
to review other sites which we have links to. It is your sole
responsibility to address any concerns which you may have whatsoever,
regarding any of such sites, their products, services, contents,
resources, to the operator of the particular site concerned.
USER SUBMISSIONS
You are solely responsible for all your submissions which you
make on this site. You understand and agree that you will not
receive any form of compensation from us for any of your submission
and you understand that your submission of any content, postings,
comments, articles, reviews, suggestions or any other submissions
which may or may not be related to any of the Services on this
site does not guarantee that they will be displayed or published
on this site. Your submission of any information of any nature
and form and for whatever purposes shall constitute your full
agreement to grant us an unrestricted, irrevocable license to
use, reproduce, display, perform, modify, transmit and distribute
those materials or information in any form, and you also agree
that we shall be free to use at any time, any ideas, concepts,
suggestions, know-how or techniques for any purpose and in any
form or manner that we may see fit. You hereby warrant that any
such information, materials or content are original with you,
or that you have the right to use or are authorise to submit such
information, materials or content. You agree to give up all rights
to recourse against us and to hold us harmless for any alleged
or actual infringement or misappropriation of any proprietary
right in all your communications and/or submissions to us.
GUIDELINES ON USE
By subscribing and/or using any of the on-line resources, facilities
and Services on this site, you agree not to::
a) distribute , upload, email or publish any content which is
defamatory, abusive, false, misleading, illegal, threatening,
invasive of private or public rights, libellous, obscene, objectionable,
pornographic, that would constitute or encourage a criminal offense,
or that would otherwise give rise to liability or violates any
law.
b) distribute, upload, email or publish any content that may infringe
the copyrights or the intellectual property of any party;
(c) distribute, upload, email or publish any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam or chain letters
or any other form of solicitation;
d) use
misleading email addresses, mask or manipulate the information
in the email header in such a way as to create a false impression
as to the origin of the email or content transmitted through any
of our Services on this site.
e) impersonate any person or entity;
f) cause harm to minors in any way;
g) distribute,
uploard, email or publish any material that facilitate any kind
of hacking activity that would interfere or disrupt an individual's
use of any of our Services, or cause interference or disruption
to any of our services, servers, or network running on this site
or any third party's site.
;h)
intentionally or unintentionally violate any local, national or
international law, regulations or rules;
i) harass
or stalk any person in any manner;
j) collect or store personal data about any other user. ;
You also understand that we do not and cannot review or screen
all postings and communications of information and materials publish
or posted through these Services on this site and therefore shall
not be responsible for the contents of such information, postings,
and materials. All contents, postings and materials provided by
you are your sole responsibility. However, we reserve the right
to block and remove any postings or communications which has been
brought to our attention and which we determine, at our sole discretion,
such information, materials, or postings as deemed undesirable.
It is your sole responsibility to exercise good judgment and caution
when giving out personal information and to be more discerning
of any information, postings and materials contributed by other
visitors and users. By using any of the online resources and other
Services on this site, you agree to bear all legal responsibilities
and shall be personally liable for any actions or consequences
whatsoever that may arise either directly or indirectly as a result
of your violation of any of the terms and conditons contain herein.
CONTENT
The content of this site may be provided by third parties or other
users. This include but are not limited to content providers,
contents and advice columns from partners, freelance writers as
well as other users of this site. You are to note that any opinons,
advice, statements, or information expressed, stated, displayed
or reflected on this site by these third parties and other users
are solely that of the respective author(s) or content provider(s)
and do not reflect our view, standing, or opinion. In cases where
information, advice, materials, or postings involve topics of
health and medical nature, you are advised NOT to treat them as
instructions for medical treatment or diagnosis. Such information
should not be relied upon as accurate, complete, or safe for any
particular person. You are strongly advised to seek the services
of a qualified professional medical doctor for all your medical
consultations.
DEEP LINKING AND FRAMING RESTRICTIONS
If you intend on providing a link to this site from your own
website, you have to ensure that such linking should be made directly
to the main home page of this site. Under no circumstances shall
you act in such a manner as to create an impression of our endorsement
or sponsorship of your website. You shall not incorporate any
part of the contents of this site as part of your own through
the use of framing or by making any unauthorised deep linking
through any means whatsoever, whereby links are made to any of
our internal or subsidiary pages which are located one or several
levels down from the main page of this site. Prior written permission
must be sought before any of such activities can be carried out
.ORDERS / PURCHASES
This site contain references or links to merchants' storefronts
located on their own respective domain website and it may also
include links to the storefronts of different merchants hosted
on this site.
a) We make no representation, warranty or endorsement , either
expressed or implied, of any merchant's products or services as
displayed, mentioned, advertised, featured or referenced via links
or otherwise on this site
.b) We shall not be liable for any
changes to the information made by merchants from time to time
neither shall we be liable for any error, omission, or inaccuracy
in the information referenced on this site or contents and materials
reflected in the advertising materials provided. When in doubt,
it is your sole responsibility to contact the merchant directly
or check the merchant's website concerned for verification and
only after you have fully satisfy yourself will you then decide
if you would like to place your order and make your purchase from
the merchant concerned. We shall not be responsible or liable
for your purchase of or inability to purchase any merchant's products
or services .
c)Any transaction you conducted with a merchant is solely a matter
between you and the merchant concerned and we shall not be responsible
towards either party, in any way whatsoever, for any expenses
incurred or for losses suffered, either directly or indirectly,
monetary or otherwise for any dispute that may arise from such
transaction. It is your sole responsibility to read a merchant's
terms and conditions and any other policies fully before you make
any purchase. All orders that are accepted by a merchant shall
constitute a contract between you and the merchant concerned,
and not with us, unless we or Smartshoppingworld.com is specifically
identified as the merchant or seller for the particular transaction.
Under no circumstances shall we be liable for any loss, damage
or expenses including without limitation, direct, indirect, special
or consequential damage, or economic loss arising from or in connection
with any product, service, information, or acts of any merchant
or advertiser, even if we, our officers, or any of our authorised
representative has been advised of the possibility of such damages,
losses and/or expenses.
HEADINGS
The section
titles and headings used in this Agreement are for convenience
only and have no legal or contractual effect and therefore, shall
not be used to construe meaning or intent.
SEVERABILITY
You agree that the terms and conditions of this Agreement are
severable. If any term or provision is declared invalid or unenforceable,
it shall not affect the remaining terms or provisions which shall
continue to be binding.
This whole Agreement shall be governed by and construed in accordance
with the laws of the Republic of Singapore and you hereby agree
to submit to the jurisdiction of the Singapore Courts and to abide
by all applicable local, state, national and international laws
and regulations.
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PRIVACY
STATEMENT
We respect your privacy and we are committed to protecting your
personal information at all times. We do not sell, trade, or rent
your personal information to third parties or organisations. Whenever
you request for a page, our server automatically logs your domain
and/or IP address and browser type/version. Such demographic information
cannot be used to identify you nor any specific visitor and it
is only used for statistical purposes such as determining the
traffic patterns, site usage and the effectiveness of a marketing
campaign.
Some Services and sections of this site may entail the use of
a 'cookie' - such as the ad management system and in some instances,
it may also be used to store your password so that you do not
have to re-enter your password everytime you access the same particular
section during your session on this site.
When you first sign up to subscribe to our newsletter or for a
particular service provided by us, you may be asked for your personal
particulars such as name, email address, and contact telephone
number(where necessary). Such information will be kept confidential
by us and will be used internally for purposes such as when replying
to you or in the case of our newsletter subscription, to send
you our newsletters via email regarding information on new products,
sales and promotions, new features available on this site as well
as announcements of special promotional deals from merchants.
If at any time you do not wish to receive such email notifications,
you are free to unsubscribe directly from this site or by following
the link given in our newsletter to remove yourself from the mailing
list.
Some sections on this site may also contain enquiry forms which
allow you to make further enquiry from the merchants direct and
they may also contain subscription forms for newsletters provided
by other sites. In this case, please note that any personal information
which you submitted will be transmitted directly to these merchants
or sites concerned and we shall not be responsible nor liable
to you or any other third parties regarding the confidentiality
of such information which we do not possess nor have any control.
In such a case, the privacy policies of these merchants or sites
shall apply and you are advised to review such policies and after
you have satisfy yourself will you then furnish your personal
information or subscribe to their services.
There are times when we will be running contests and special promotional
programs sponsored by merchants on this site and you may be required
to submit some form of personal information such as your name,
nric no., address, email address, and telephone contact no., etc.
if you wish to participate. This is necessary as we or the sponsor
or merchant will need to contact the winners and to verify their
identification before they are allow to collect their prizes.
Depending on the nature of the contest or promotional program,
such information may have to be made known to the merchant or
sponsor concerned for contest processing purposes. In all cases,
it will be on a need to know basis.
When you subscribe to any of our fee-based merchant services,
any credit card payment which you made are processed under a secure
environment through ClickBank Billing Services. We have no knowledge
neither do we store any of your credit card details on our server.
Click here
for more details regarding ClickBank Services
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