Smart Online Store Terms and Conditions
Last modified on September 8, 2015.
Welcome to Smart Online Store, the online store of Smart Communications, Inc. ("SMART"). SMART through its Smart Online Store provides these services to you subject to the following terms, conditions and provisions ("Terms and Conditions"). If you visit or shop at the Smart Online Store, you are deemed to have understood, agreed and accepted these Terms and Conditions to be the legal equivalent of a signed written contract, and you accept and agree to be bound by these Terms and Conditions. Please read these Terms and Conditions carefully. In addition, when you use any current or future Smart Online Store service or feature or visit or purchase from any business affiliated with Smart Online Store, whether or not included in the Smart Online Store site, you also will be subject to the guidelines and conditions applicable to such service feature or business. In these Terms and Conditions, SMART and Smart Online Store may be used alternatively.
MODIFICATIONS OF TERMS AND CONDITIONS
SMART reserves the right to vary these Terms and Conditions at any time for any reason, and your continued use of this website and services offered in this website following any modifications will be deemed to constitute acceptance of such modifications.
Please review our Privacy Notice, which also governs your visit to Smart Online Store in order to understand our practices.
When you visit the Smart Online Store website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of SMART or its content suppliers and are protected by Philippine and international copyright laws. The compilation of all content on this site is the exclusive property of SMART and is protected by Philippine and international copyright laws. All software used on this site is the property of SMART or its software suppliers and are protected by Philippine and international copyright laws.
Smart Communications, Inc., SMART, Smart Online Store and other marks indicated in our site are registered trademarks of SMART or its subsidiaries in the Philippines. Smart Online Store trademarks and trade name may not be used in connection with any product or service that is not associated with or owned by SMART, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SMART or Smart Online Store. All other trademarks not owned by SMART or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMART or its subsidiaries.
LICENSE AND SITE ACCESS
SMART grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SMART. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, crawlers or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, modified, distributed, transmitted, mirrored, broadcasted, published, transferred, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SMART. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMART and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Smart Online Store name or trademarks without the express written consent of SMART. Any unauthorized use terminates the permission or license granted by Smart Online Store. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Smart Online Store provided that the link does not portray SMART, Smart Online Store, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SMART or Smart Online Store logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password or computer or any access device. SMART shall not be liable in cases of password/account hacking or in any cases where password or account information is disclosed to others due to the user's negligence.
Smart Online Store does not sell products to children or minors. Products, which may be intended for children and sold through the Smart Online Store site, shall be purchased by adults who can make purchases once their Smart Online Store account has been approved. If you are under 18 years old, you may use Smart Online Store only through a parent or guardian. SMART and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
SERVICE AND RETURN POLICY
All sales transactions through this website are final. All products and services offered in this website are non-refundable and non- transferable. Non-physical products and services including, but not limited to, Smart Load, are non-returnable.
Request for replacement of defective physical products purchased in this site shall follow the following guidelines:
- Handsets and Gadgets bundled with a subscription must be coursed through any of our physical Smart Stores within seven (7) days after date of delivery. The product for replacement must be returned in its original delivery condition and packaging. Smart shall not be liable for costs or inconveniences associated with or arising from the return of the defective product. The printout of the payment record must be presented for the replacement request to be processed. (Click here for the complete list of physical Smart Stores ).
- Gadgets or accessories sold separately from Smart plans or subscriptions are covered by third party warranties by Smart's merchant partners. Please contact the merchant directly for repair or replacement requests. Have your Smart Online Store service reference number handy when you contact the vendor.
Unless otherwise indicated, the purchase price of the products and services (such as eLoad) plus applicable taxes, if any, will be billed in full at the time of payment confirmation. Payment may be made through credit cards (MasterCard, Visa, American Express and JCB Credit Cards), online banking, ATM/debit (Bancnet) and over-the-counter for banks and non-banks. SMART has full discretion on which payment channel/s to use for each product available in the Smart Online Store and may decide to nominate or disallow the use of one or a combination of payment methods for a specific product or service.
For credit card transactions, our system will automatically verify the credit card used. A pre-authentication procedure may be performed at the discretion of SMART to register the credit card used, and check-out shall only be completed after a successful pre-authentication procedure. Your credit card will be charged only as soon as you complete the process and confirm the payment.
Credit card used online will be charged its Philippine Peso (PhP) equivalent. Currency conversion may result to differences between the amount paid and the amount that will be charged to your account by the credit card company.
SMART does not accept cash, personal checks, COD or purchase order, unless specific arrangements have been made by SMART.
To avoid fraudulent credit card transaction and to protect the credit card owner, SMART may require presentation of the credit card used and/or a clear photocopy of the credit card used and/or a clear photocopy of a valid photo ID of the credit card owner.
SMART reserves the right to deny or reject sales and/or delivery of the product/s purchased under this service if SMART has reason to believe that the said purchase was acquired using a fraudulent credit card or other reason at the sole discretion of SMART.
If the order is rejected or denied after a successful payment of a credit card mode of payment, SMART will initiate refund of the full amount that was charged to the credit card. Reversal of credit card charges will be reflected in the credit card bill.
SMART will not accept any third party over-the-counter payments that are in excess or incomplete of the required amount. Customers would have to coordinate with SMART’s payment gateway, Dragonpay, to proceed with the necessary steps.
Cancellation of items or services (e.g., eLoad) purchased is disallowed after the payment gateway company has confirmed payment and authorized payment has been captured.
There will be a one-time delivery fee for every physical item/s purchased at the Smart Online Store. SMART, whenever applicable, reserves the right to waive this delivery fee for specific items, or group of items.
Smart offers delivery services nationwide. Delivery fees vary depending on shipment location or address provided by you. Standard rates differ by region, and deliveries to Out-of-Service-Areas (OSA) will be charged premium rates.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SMART reserves the right to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant SMART and its affiliates a non- exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SMART and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause any damage and/or injury to any person or entity; and that you will indemnify SMART or its affiliates for all claims resulting from the content you supply. SMART has the right to monitor and edit or remove any activity or content. SMART takes no responsibility and assumes no liability for any content posted by you or any third party.
SMART shall block any user who violates any of the provisions of these Terms and Conditions pertaining to reviews, communications, and other content, among others.
RISK OF LOSS
Some items purchased or services availed of from Smart Online Store may be made pursuant to a shipment contract. In which case, the risk of loss and title for such items pass to you upon our delivery to the carrier.
Non-physical products and services including, but not limited to, Smart Load is directly credited by the SMART system to the recipient’s number or account. Risk of loss is passed on to the target recipient’s number or account upon crediting of airtime.
SMART may modify any product or service at any time without notice to you and this may affect the information saved in your shopping cart. SMART and its affiliates attempt to be as accurate as possible. However, SMART does not warrant that product or service descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a physical product offered by Smart Online Store is not as described, your sole remedy is to return it in unused condition. Non-physical products and services including, but not limited to, Smart Load, however, are non- returnable. SMART also reserves the right to limit the number of items available for purchase or the amount of orders to be placed through this website.
With respect to products or services offered for sale by Smart Online Store, prices are posted on the website before you place an order. We do not charge you until after your order has been confirmed by our payment gateways. SMART reserves the right to change the prices of products or services offered for sale.
The List Price shall be inclusive of Value Added Tax (VAT) and other applicable Philippine taxes. SMART will issue a payment record to the customer for every paid and completed transaction.
PRODUCT REPRESENTATIONS / WARRANTIES
You agree that not all the products and services sold through Smart Online Store are the products and services of SMART. Subject to compliance with certain regulatory requirements and authorizations, you agree that any representation or warranty carried by a specific product or services is the representation or warranty of the manufacturer or service provider thereof, and in no way the representation and/or warranty of SMART. To this extent, you agree to hold SMART free and harmless from any and all claims, liabilities, suits or damages which you or any user of a product or service sold through the Smart Online Store may suffer as a result of or on the occasion of said purchase and/or use.
NOT FOR RESALE OR EXPORT
You agree and represent that you are buying only for your own personal and individual use and not for resale or export.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY SMART ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SMART DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SMART ONLINE STORE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
SMART shall not be liable for any delay or failure in performance caused by force majeure, which shall include, but not limited to earthquakes, flood, typhoons, epidemics, war, rebellion, insurgency, riots, invasion of the Philippines by another country, strikes, lockouts, boycotts or any forms of work stoppage, government restriction or pending order of competent court.
By visiting Smart Online Store, you agree that the laws of the Republic of the Philippines, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SMART or its affiliates.
Any dispute relating in any way to your visit to Smart Online Store or to the products or services you purchase through Smart Online Store shall be submitted to confidential arbitration in Makati City, Metro Manila, Philippines, except that, to the extent you have in any manner violated or threatened to violate SMART' s intellectual property rights, in which case, you agree that SMART may seek injunctive or other appropriate relief in any court in the Philippines, and you consent to the exclusive jurisdiction of such courts and venue in Makati City, Philippines. Arbitration under these Terms and Conditions shall be conducted under the applicable arbitration laws of the Philippines. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined, without SMART's prior written consent, to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to Smart Online Store. SMART reserves the right to make changes to our site, policies, and these Terms and Conditions at any time without further notice. Your continued use of Smart Online Store after any such changes to these Terms and Conditions constitutes acceptance of the new Terms and Conditions. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SMART ONLINE STORE TEAM Smart Communications, Inc. 23/F SMART Tower 2, 6799 Ayala Avenue, Makati City
SMART and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SMART with the written information specified below.
Please note that this procedure is exclusively for notifying SMART and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- Your address, telephone number, and e-mail address;
- 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;
- 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.
These Terms and Conditions were last modified on September 8, 2015.
SMART is serious in protecting confidential information and your privacy. SMART is committed to protect all information gathered from this website using strict standards of security and confidentiality.
To protect you from susceptibility of Internet risks while retaining customer information confidentiality, Smart Online Store is equipped with the following security mechanisms to safeguard your transactions with us:
128 Bit SSL . Secured Socket Layer (SSL) is a security protocol specifically created to protect Web-based online transactions. It provides an encrypted link when you communicate with us to ensure that the information submittedbetween Smart Online Store and your end is secure.
VeriSign . On top of SSL, Smart Online Store is verified by VeriSign. VeriSign is the leading Secure Sockets Layer (SSL) Certificate Authority enabling secure e-commerce, communications, and interactions for Web sites. VeriSign is the trusted provider of Internet infrastructure services for the digital world.
This policy covers how SMART treats personal information that Smart Online Store collects and receives. Personal information is information about you that is personally identifiable like your name, address, email address, birthday or phone number, and that is not otherwise publicly available.
This policy does not apply to the practices of companies that SMART does not own or control, or to people that Smart Online Store does not employ or manage.
Information Collection and General Use. SMART collects personal information through the following:
- when you register with Smart Online Store;
- when you use Smart Online Store products or services;
- when you visit Smart Online Store pages; and
- when you enter contests and other promotions.
SMART may combine information about you that we have with information we obtain from business partners or other companies.
When you register we ask for information such as your name, billing address, email address and zip code. Once you register with Smart Online Store and sign in to our services, you are not anonymous to us.
Smart Online Store automatically receives and records information on our server logs from your browser, including your IP address, Smart Online Store cookie information, and the page you request.
SMART uses information for the following general purposes:
- customize the advertising and content you see;
- fulfill your requests for products and services;
- improve our services;
- contact you;
- conduct research; and
- provide anonymous reporting for internal and external clients.
PERSONAL INFORMATION AND BROADCAST MESSAGES
Subscriber agrees and consents to the disclosure to third parties and processing either by SMART or by third parties on behalf of SMART, of personal information and data, including sensitive personal information, traffic and billing data for marketing and other purposes. We acknowledge and we agree that SMART may send commercial and promotional advertisements, surveys, and other broadcast push messages.
Specifically, subscriber agrees and consents that SMART and its affiliates may use subscriber personal information and data to:
- Manage subscriber account, carry out customer-care activities and train staff, including monitoring calls, emails or text messages that subscriber send to SMART;
- Monitor the quality and security of the network and test and maintain SMART's IT system;
- Analyze subscriber use of services for marketing purposes, including, but not limited to, the calls and messages the subscriber send and receive and subscriber location at the same time these communications take place, as well as subscriber browsing history and use of SMART websites;
- Send to emergency services (if subscriber make an emergency call), including subscriber approximate location; and
- Contact the subscriber with marketing messages such as commercial and promotional advertisements, surveys, and other broadcast push messages, which may include marketing from other organizations, if subscriber has no express written objection
SMART does not include subscriber details in any directory or directory-enquiry service. If subscriber wants to have subscriber information included in these services, subscriber should contact SMART.
- Smart Online Store may set and access Smart Online Store cookies on your computer.
- Smart Online Store lets other companies that may show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Smart Online Store cookies.
Your Ability to Edit and Delete Your Account Information and Preferences
You can edit your Smart Online Store Account Information at any time.
We reserve the right to send you certain communications relating to the Smart Online Store service, such as service announcements, administrative messages and the Smart Online Store newsletter, that are considered part of your Smart Online Store account, if subscriber has no express written objection.
Smart Online Store may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Smart Online Store account or by placing a notice on our site.
Questions and Suggestions
Please contact Smart Online Store if you have any questions or concerns regarding this policy.
Last modified on September 8, 2015.