TERMS AND CONDITION
INTRODUCTION
Welcome to Smart Business Cards !
These Terms of Service govern your use of our website operated by Smart Business Cards.
Please read the terms and conditions carefully before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
This contract sets out:
⦁ Your legal rights and responsibilities
⦁ Our legal rights and responsibilities; and
⦁ Certain key information required by law In this contract:
⦁ ‘We’, ‘us’ or ‘our’ means Smart Business Card;
⦁ ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don't understand any of this contract and want to talk to us about it, please contact us by email: media@smartbusinesscards.ng
If you buy goods on our site you agree to be legally bound by this contract. This contract is only available in English. No other languages will apply to this contract. When buying any goods you also agree to be legally bound by:
(a) our website terms and conditions and any documents referred to in them; and
(b) extra terms which may add to, or replace some of, this contract. We will contact you to let you know if we intend to do this .
All of the above documents form part of this contract as though set out in full here. These Terms apply to all visitors, users and others who wish to access or use our service.
COMMUNICATION
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at media@smartbusinesscards.ng.
PURCHASES
If you wish to purchase any product or service made available through our service, you may be asked to supply certain information relevant to your Purchase including but not limited to, your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.
You represent and warrant that:
(i) you have the legal right to use any card(s) or other payment method(s) in connection with any Purchase; and that
(ii) the information you supply to us is true, correct and complete.
We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Below, we set out how a legally binding contract between you and us is made.
⦁ You place an order on our website. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
⦁ When you place your order at the end of the online checkout process we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to :
(a) product or service availability;
(b) we cannot authorise your payment;
(c) errors in the description or price of the product ;
(d) error in your order or other reasons;
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the products to you.
PAYMENT
We accept all major credit cards.
We ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
(a) Verified by Visa;
(b) Mastercard®SecureCodeTM; or
If your payment is not received by us and you have already received the products, you:
(a) must pay for such goods immediately; or
(b) must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
If you do not return any products (such as where you have not paid for them) we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
Nothing in this clause affects your legal rights to cancel the contract .
The price of the goods:
(a) is in Nigerian Naira (N)
(b) includes VAT at the applicable rate; and
(c) does not include the cost of:
(i) delivering the goods (your delivery options and costs will be displayed on our website before you place your order).
DELIVERY
The estimated date for delivery of the goods is set out in the Confirmation Email .
If something happens which:
(a) is outside of our control; and
(b) affects the estimated date of delivery
we will let you have a revised estimated date for delivery of the products.
Delivery of the productss will take place when we deliver them to the address that you gave to us except we both agree otherwise, if we cannot deliver your goods within 5-10 working days depending on your location, we will:
(a) let you know;
(b) cancel your order; and
(c) give you a refund.
You are responsible for the products when delivery has taken place. In other words, the risk in the products passes to you when you take possession of the products.
If you are ordering products for delivery outside Nigeria please contact us via our email to make arrangements before you place your order.
REFUNDS
We issue refunds for Contracts within 14 days of the original purchase of the Contract.
CONTENT
Content found on or through this Service are the property of Smart Business Cards or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
PROHIBITED USES
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
ANALYTICS
We may use third-party Service Providers to monitor and analyze the use of our Service.
NO USE BY MINORS
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
INTELLECTUAL PROPERTY
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Smart Business Cards and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Smart Business Cards.
COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to media@smartbusinesscards.ng, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at media@smartbusinesscards.ng.
ERROR REPORTING AND FEEDBACK
You may provide us either directly at media@smartbusinesscards.ng or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
LINKS TO OTHER WEBSITE
Our Service may contain links to third party web sites or services that are not owned or controlled by Smart Business Cards.
Smart Business Cards has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
you acknowledge and agree that 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 Third Party Web Sites Or Services.
we strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.
DISCLAIMER OF WARRANTY
These services are provided by company on an “as is” and “as available” basis. company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. you expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.
Neither company nor any person associated with company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. without limiting the foregoing, neither company nor anyone associated with company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes it available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.
Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
the foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage.
Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Nigeria, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
AMENDMENT TO TERMS
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
ACKNOWLEDGEMENT OF TERMS
By using our service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
DISPUTES
We will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with
(a) our products;
(b) our service to you; or
(c) any other matter,
please contact us as soon as possible.
If you want to take court proceedings, the laws of Nigeria will apply to this contract.
CONTACT US
Please send your feedback, comments, requests for technical support by email: media@smartbusinesscards.ng.