Terms & Conditions

 Last updated on August 21, 2020

By signing up for a Smilechix mentorship, tutorials or seminar (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). You are encouraged to check the Terms of Service from time to time for any updates or changes that may impact you and or your business. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Smilechix.

Account terms

  1. You must be at least 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must initially register for an account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Smilechix may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Smilechix will use the email address you provide as the primary method for communication.
  4. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Smilechix will result in an immediate termination of your services or account.

Which means

Do Not use Smilechix Intellectual property for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. Again, If we need to reach you, we will send you an email.

General conditions

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service and Privacy Policy before you may become a member of Smilechix

    1. Support is only provided to paying account holders and is only available via email.
    2. The Terms of Service shall be governed by and interpreted in accordance with the laws of Queensland and the laws of Australia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland with respect to any dispute or claim arising out of or in connection with the Terms of Service.
    3. You acknowledge and agree that Smilechix may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Smilechix website, available at www.smilechix.com. Your continued use of the Services after the amended Terms of Service are posted to the Smilechix website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
    4. 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 without the express written permission by Smilechix
    5. Questions about the Terms of Service should be sent to [email protected]
    6. You agree to indemnify Smilechix for any Loss or Liability that Smilechix may suffer or incur in connection with your breach or threatened breach of any of these Terms of Service, including but not limited to any Costs incurred by Smilechix in connection with exercising or enforcing, or attempting to exercise or enforce, all or any of its rights under these Terms of Service or under any applicable law.

Smilechix rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Smilechix customer, Smilechix employee, member, or officer will result in immediate account termination.
  4. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  5. Smilechix has the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Smilechix reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Which means
We can modify, cancel or refuse service at anytime. In the event of an ownership dispute over a Smilechix account, we can freeze the account or transfer it to whomsoever we determine to be the rightful owner.

Limitation of liability

  1. To the full extent permitted by law, you expressly acknowledge and agree that Smilechix shall not be liable for any Loss you
    may suffer or incur which in any way relates to or arises out the supply or non-supply of any Service (or any goods relating thereto), including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
  2. Without limiting the foregoing, to the full extent permitted by law you
    acknowledge and agree that:
    • The purpose of the Service is merely to assist you in making your own decisions (for example by providing insights, provoking thought, inspiring creativity, or identifying problems, possible solutions, knowledge gaps and opportunities). The Service does not constitute professional, financial, management or consultancy advice. You are solely responsible for making and implementing your own decisions having regard to your particular circumstances and needs (including the need for appropriate professional or other advice) before acting on any information, suggestion or guidance offered by Smilechix in connection with any Service;
    • In no event shall Smilechix be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Smilechix, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party;
    • Your use of the Service is at your sole risk. The Service is provided on an as is and as available basis without any warranty or condition, express, implied or statutory;
    • Smilechix does not warrant or represent that the Service will be uninterrupted, timely, secure, or error-free;
    • Smilechix does not warrant or represent that any particular result may be achieved from the use of the Service or that any particular result will be accurate, complete or reliable;
    • Smilechix does not warrant or represent that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected; and
    • any results you may derive from use of the Service or any material relating thereto will depend on a broad range of factors, including your particular skills, knowledge, aptitude, ability, dedication, business acumen, network and financial resources.
  3. Despite anything in these Terms of Service to the contrary, if you are or become entitled to make any Claim against Smilechix in connection with the supply or non-supply of any Service (or any goods relating thereto) hereunder and Liability in relation thereto cannot be excluded but can be limited, then you agree that Smilechix’ Liability in relation to any such Claim is limited to the cost of supplying equivalent Services (or of replacing any related goods).
  4. You may have other or additional rights under an applicable Australian law. These Terms of Service are to be read down or modified so as to avoid any inconsistency with such law, but only to the extent that the law does not permit your rights to be excluded, restricted or modified. Subject to the foregoing, should any term, covenant, condition, provision, stipulation or restriction herein (or any part thereof) be or become void, illegal or unenforceable then these Terms of Service shall be read and construed as if the same had been severed and the remainder of these Terms of Service shall remain in full force.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is as is so it may have errors or interruptions and we provide no warranties.

Waiver and complete agreement

The failure of Smilechix to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Smilechix and govern your use of the Service, superseding any prior agreements between you and Smilechix (including, but not limited to, any prior versions of the Terms of Service).

Which means
If Smilechix chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Smilechix don’t apply if they conflict with these terms. and your responsibility.

Refund/Return Policy – Cancellation and termination

No Refunds. No amounts paid hereunder are refundable save as required by law. You may cancel your account at anytime by emailing [email protected] and then following the specific instructions indicated to you in the Smilechix response.

Upon termination of the Services by either party for any reason:

  • Smilechix will cease providing you with the Services and you will no longer be able to access your Account;
  • unless otherwise provided in the Terms of Service or by law, you will not be entitled to any refund of any Fees, pro rata or otherwise;
  • any outstanding balance owed to Smilechix for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
  • We reserve the right to modify or terminate the Smilechix service for any reason, without notice at any time.

Fraud: Without limiting any other remedies, Smilechix may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means
To initiate a cancellation, email [email protected] Smilechix will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted, and domains purchased through Smilechix will no longer be automatically renewed. If you cancel in the middle of the month, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

Security

Smilechix does not handle “Card Data” (defined as a cardholder’s account number, expiration date) as we do NOT receive or store cardholder data.

Optional tools

  1. Smilechix provide you with access to third party tools over which Smilechix neither monitors nor has any control or input.
  2. You acknowledge and agree that Smilechix provides access to such tools as is without any warranties, representations or conditions of any kind and without any endorsement. Smilechix shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. Smilechix strongly recommends that merchants seek specialist advice before using or relying on certain tools.

Which means
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

Legal responsibility

Smilechix assumes no responsibility nor warranty regarding meeting applicable disclosure requirements in your customer communications and notifications, including but not limited to state and federal requirements. You are solely responsible for keeping such disclosure requirements in compliance with applicable authorities.

Which means
Make sure you provide in relevant email notifications the necessary subscription related disclosures for state and other authorities that require them.

Privacy & Data Protection

Smilechix is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Smilechix, usage and disclosure of this personal information is governed by our Privacy Policy. Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, Smilechix collection and use of personal information of any European residents is also subject to our Data Processing Addendum

ASSIGNMENT

Smilechix may assign its rights under these Terms of Service (including any rights relating to any Service or Account) at any time. However, you may not assign your rights under these Terms of Service (including any rights relating to any Service or Account) without the prior written consent of Smilechix.

DEFINITIONS AND INTERPRETATION

In these Terms of Service:

  • “Claim” means any claim whatsoever whether at law, in equity or under statute, and includes any cause of action, notice, suit, demand or judgment, summons, complaint, claim or other legal process”;
  • “Cost” includes any cost, charge, expense, outgoing, payment or other expenditure of any nature (whether direct, indirect or consequential and whether accrued or paid), including all legal fees and outlays;
  • “Liability” includes any and all liability whatsoever whether arising at law, in equity or understanding, including in contract or tort (including negligence);
  • “Loss” includes all losses, damages, Claims, Costs, penalties and fines of whatever description and whether present, unascertained,
    contingent or prospective and whether direct, indirect, incidental, special or in the nature of consequential loss;
  • “Smilechix” means The trustee for the Cain Family Trust, ABN: 40 773 240 434 trading as “Smilechix”;
  • A reference “we”, “us” or “our” is to Smilechix;
  • A reference to “you” or “your” or “yourself” is to the person purchasing or utilising any Smilechix Service, and if more then one includes each such person jointly and severally;
  • A reference to a “person” includes any person, whether or not a natural person;
  • A reference to a party to these Terms of Service includes that person’s successors and permitted assigns.
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