Terms & Conditions
- This Agreement sets out the terms and conditions for a user intending to subscribe, avail or access or receiving services and/or equipment of Smartflix(Global Premier IT & Software Solutions Ltd).The services provided by Smartflix pursuant to this Agreement are services which would be made available to a user upon payment of a charge for such services. The User availing the Services shall be deemed to read, understand and accepted these Terms and Conditions.
Any non-recurring package, after expiration, gets converted to respective duration package. Please see paragraph 6.D below for further details.
- Smartflix Scope Media Player shall mean equipment provided by Smartflix to the User for the purposes of availing the Services as envisaged herein.
- Smartflix shall mean Global Premier IT & Software Solutions Ltd
- Services shall mean and include the Services as mentioned in Clause 2 hereinafter
- User shall mean and include the entire existing and future user who avails the Services of the Smartflix
2. The Services
Smartflix provides online entertainment services (Services) such as access to digital content, including but not limited to audiovisual programs, movies, music videos, linear television channels, events, soaps, serials, trailers and other audio visual programs (Content) at a price and on the terms and conditions as set out in this Agreement.
The Site Content and Site Code are owned by Smartflix and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright 2020 Smartflix. All Rights Reserved. Unless expressly permitted elsewhere in the site by Smartflix, you shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Site Code, in whole or in part. Any rights not expressly granted to you are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Every User is required to register with Smartflix and the Services. The User will be required to provide certain information at the time of registration as required from time to time by the Smartflix or any other authority and will be assigned an account (Account) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited rights to the Content. If the User fails to provide the information to Smartflix as required from time to time, Smartflix shall have the right to discontinue the Services without any further notices or cost.
The User agrees to provide accurate, complete and valid information at the time of registration and/or subscription and undertakes to keep such information current and updated. The User also undertakes to keep details of the Account and the password secret and safe from unauthorized and inappropriate use. The User acknowledges that Smartflix shall not be liable to the User or any third party for loss or misuse of the information relating to the Account or the password.
Smartflix has the right to terminate the Service to any User if any information provided by such user is false, inaccurate or misleading without any further notice or cost.
The User acknowledges that Smartflix will retain and maintain the registration information (including information relating to the credit card of the User) to maintain the Users accounts and for billing purposes and the User expressly consents to the retention and use of such information by Smartflix.
- The Account
The User is solely responsible for maintaining the confidentiality and security of the Account and is advised against revealing any Account information to any other person. The User is also singularly responsible for all activities that occur on or the Account and the User shall immediately notify Smartflix of any unauthorized use of the Account or any other breach of security. The User may change or retrieve a forgotten password at any time by following the instructions on the login page.
Smartflix shall not be responsible for any losses arising from the unauthorized use of the Account. The User is responsible in all respects for any material purchased and received by the User and Smartflix shall not be liable in the event of any loss, destruction, or damage of any such material purchased by the User.
- Transfer of Account & Assignment Rights
It is hereby expressly agreed and acknowledged by the User that Smartflix has absolute rights to assign all its rights under this document or such other documents connected with service(s), to third party or parties without execution of any further deed(s) or document(s) with User.
It is hereby expressly agreed and acknowledged by the User that in the eventuality of Smartflix been acquired by any third Party pursuant to an order of Court or by agreement(s) or otherwise resulting into change of ownership/management of Smartflix in such a case each of the existing contracts, rights and commitments of Smartflix towards the User, shall stand transferred/assigned, including but not limited to right to collect monthly subscription rents, charges and all other dues, from the User shall be vested upon such acquirer from the date of such acquisition without execution of any further deed or documents.
User may cancel their subscription by logging on to their Smartflix account on the website and then going to the profile section.However a subscriber must cancel their subscription atleast 7 days before the auto renewal date of their given package.
Smartflix will not refund any unutilized price for any part of the Services. However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement.
Cancellation of Monthly,Quarterly,Yearly package shall not be permitted under any circumstances unless there is technical issue on the part of GPIT and the service is down for more than 28 days or if due to any reason our service has been blocked by the telecommunication authority or internet service providers in a given country.
- Monthly, Quarterly & Yearly Expiry Conversions
To provide users uninterrupted services, all the non-recurring packages (Monthly,Quarterly and Yearly packages) would be converted into respective duration packages after package validity expiration. If any User does not want to continue after expiration of the non-recurring package, he/she would have to call Smartflix customer support and request for cancellation of the respective package. Any such cancellation request from the User will have to be made within 30 days from receipt of notice of such extension/renewal, post which the Company shall take at least 15 business days to process the same. In such cases, amount charged on card for the respective package would be refunded to the User’s respective payment method. In case the User makes such cancellation request post the above said 30 days, the amount shall be refunded on a pro rata monthly basis.
If User fails to confirm cancellation within the above said timeline, amount for respective duration package would be charged on the credit card/ Debit Card / PayPal and services will continue on that User Account.
The User shall provide Smartflix with a valid credit card for the payment of all monies due and payable for the use of the Services and by agreeing to these Terms & Conditions the User expressly authorizes Smartflix to bill, charge and collect against the said credit card for purchases and other transactions in respect of the Services from the credit card provided by the User.
The User agrees to pay for all Services and subscriptions purchased through the Services as and when they become due and payable. Smartflix may bill /charge the Users credit card for any fees or purchases or other charges and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued to or incurred by or in connection with the Account and the use of the Services.
The Users use of the Services includes the ability to enter into agreements and/or to make purchases electronically. The User expressly acknowledges and undertakes that any and all electronic submissions by the User shall be binding on the User and shall constitute the Users intent to be bound by the terms of this Agreement and to comply with the payment requirements including payments for the purchase of any of the Services or charges in respect thereof and be liable to pay monies which may become due and payable in accordance with the terms of this Agreement. The User shall also be bound by electronic submissions in respect of all records relating to all transactions including notices of cancellation/ termination, policies, contracts, and applications.
The User may request for information related to purchase transactions at any time by contacting support@Smartflix.co. However, Smartflix shall not send physical copies of any statements to any user.
Smartflix will make all reasonable efforts to ensure that the Content reaches the User. The User acknowledges that at times this may be affected by things beyond the control of Smartflix due to force majeure including interruptions due to cyber attacks,storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissmilar nature and agrees that Smartflix shall not be liable for any delay or disruption caused by such interruptions.
On occasion, technical problems may delay or prevent delivery of the product or services requisitioned by the User. Smartflix shall, at its exclusive option and discretion, either replace the product or service, which was not delivered, or refund within a reasonable period the purchase price paid for such product or service. The User acknowledges that while using the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable. The User agrees to use the Services at the sole risk and discretion of the User and that Smartflix shall not be liable to the User for any content that may be found to be offensive, indecent, or objectionable.
The User acknowledges that some aspects of the Services entail the ongoing involvement of Smartflix and that interruptions or discontinuation may occur when Smartflix is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change or discontinuation and that Smartflix shall have no liability to the User in such case.
Smartflix reserves the right to change, suspend, remove, or disable access to any Services, content, or other materials comprising any part of the Services at any time without notice. In no event will Smartflix be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. Smartflix may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability..
The User acknowledges that the Services and the products purchased through the Services include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules established by Smartflix and its licensors. The User shall be authorized to use the products and the Services only for personal, in the house, and non-commercial use. The User shall not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Smartflix for compliance purposes and Smartflix reserves the right to enforce the Usage Rules with or without notice to the user.
Changes in Services Offered. Smartflix may add, delete, rearrange, alter, interrupt, change and/or eliminate any and all programming, programming packages and/or other Services that Smartflix offer, as well as the prices and fees related to such programming, programming packages and/or other Services that Smartflix offer, at any time and from time to time, including without limitation during any term commitment period to which User have agreed. In the event that Smartflix add, delete, rearrange, alter, interrupt change and/or eliminate any programming, programming packages and/or other Services that Smartflix offer, Smartflix have no obligation to replace or supplement such programming, programming packages and/or other Services that Smartflix offer. User shall not be entitled to any refund or refund because Smartflix add, delete, rearrange, alter, interrupt, change and/or eliminate any programming, programming packages and/or other Services that Smartflix offers.
User expressly acknowledge and agree that additions, deletions, rearrangements, alterations, interruptions, changes and/or eliminations to any programming, programming packages and/or other Services that Smartflix offers that arise in connection with the termination or suspension of Smartflix’s access to all or any portion of any programming, programming packages and/or other Services that Smartflix offer is not a discretionary act by Smartflix.
Smartflix may offer Users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. Smartflix reserves the right to change or terminate the promotional offers any time at its own discretion. A User who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User.
- System Requirements
Use of the Services to access movies, music videos/audios or television programs requires a compatible device, Internet access and certain software and may require obtaining updates or upgrades from time to time. The ability of the User to use the Services may be affected by the performance of these factors. High speed Internet access/Broadband is recommended for availing the use of the Services.
- Collection and use of personal information
“Personal Information” or “PII” is defined as any information that identifies (whether directly or indirectly) to a particular individual or natural person, such as the individual’s name, postal address, email address, and mobile number indicating to that particular person or is identifiable. When anonymous information is directly or indirectly associated with personal information, the resulting information also is treated as personal information.
- User consent
By using Smartflix Service (for example, when you register for an account, purchase a service, enter a contest or promotion, communicate with us, on our sites or applications), you agree to provide consent to our collection, use and sharing of your personal information as described in this policy. In some cases, particularly if you reside in a country governed by a data protection regulation, we may ask you to provide explicit consent to access our services before proceeding for further operations.
- Collection of information
- Information you provide to us
We may ask for and collect the following personal information about you when you use Smartflix service or platform. Without this information we may not be able to provide you with all the requested services;
- First/Last Name
- Mobile No.
- Email id
- Billing address
- Shipping address
- Information we collect automatically
We collect information about you and your use of our service, your interactions with us, as well as information about your device used to access our service. The information includes;
- Activities such as language preferences, type of content, watch history, search queries etc.
- Your interactions with our email, customer care and messaging platform.
- Geo-location information like IP addresses,
- Device information like device id, device model etc. and other unique identifiers
- If you choose to post messages on social media accounts, message boards, chat rooms or other message areas or leave feedback, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems.
If you send us personal correspondence, such as emails or letters, or if other
users or third parties send us correspondence about your activities or postings on Smartflix, we may collect and store such information. But we would notify you prior to any further processing of that information
- Information we collect through third parties
An agent or affiliate of Smartflix may, at times and on being so authorized, collect information on behalf of Smartflix. Third party providers featured on or linked to by the Smartflix sites, such as vendors of products and services offered through the sites, may be gathering the same kind of information.
Any personal information or video content that the user voluntarily discloses online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others. The Users account name (not the email address) is displayed to other users when any videos are uploaded or messages are sent through the services and other users can contact the user through messages and comments. Any videos that the user submits to the Smartflix sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
- Billing Information
Based on your purchase of a subscription package, our payment gateway partners collect information with respect to your credit/debit card details or other bank account details. This Information is stored by our payment gateway partners store this information. For instance, Smartflix will be using third party payment gateway providers to process and facilitate the payment of your subscription fee to Smartflix for providing you access to the subscription. Please note that Smartflix does not directly collect any financial information such as credit card or debit card or net banking details from you. Such payment gateway partners are not controlled by us. When you visit such payment gateways you do so at your own risk. These payment gateways may have their own privacy policies in place, which we recommend you review if you visit any such payment gateways. We do not assume any responsibility or liability for such payment gateways, the content of such payment gateways and their privacy practices, nor do we endorse them. We encourage you to familiarize yourself with the privacy statements provided by such payment gateways prior to providing them with information about you or entering into any transactions with them.
While transacting with these payment gateways, you may provide your financial information including without limitation your bank account details, credit card account details or your details pertaining to any payment settlement or pre-paid instrument service provider. You understand, agree and acknowledge that Smartflix never receives your financial and payment information from these payment gateways. Your Personal Information, Sensitive Personal Data or Information and financial information will be dealt with by these payment gateways in accordance with their respective privacy policies and other terms and conditions and Smartflix shall not be liable, accountable or responsible for Your Personal Information, Sensitive Personal Data or Information and financial information, which you provide to these payment gateways.
Except as provided herein, we do not solicit any Sensitive Information about You. However, if you share such information with us voluntarily, we will not be liable for any actions, claims, costs, expenses or other liabilities that may arise as a consequence of such any unauthorized use or misuse of such information.
- Usage of information
Smartflix uses IP address information for systems administration and troubleshooting purposes. This information is also used to deliver web pages to the subscriber upon request; to tailor the site to the interests of the subscriber and to measure traffic within the Smartflix site.
Any personally identifiable information provided by the subscriber is used to operate, maintain, and provide the Subscriber with the features and functionality of the Smartflix platform.
Smartflix does not use the subscriber email address or other personally identifiable information to send commercial or marketing messages without the subscriber consent. Smartflix may not use both personally identifiable information and certain non-personally- identifiable information to improve the quality and design of the services and to create new features, promotions, functionality, and services by storing, tracking, and analyzing subscriber preferences and trends without the subscriber consent
- Sharing and disclosure of personal information
We do not share your personal information with Companies, organizations, or individuals outside of Smartflix except in the following cases:
We’ll share or disclose your personal information outside of Smartflix when we have your consent. For example, providing SMS and E-mail related services such as marketing newsletters, promotions and offers.
In the event of any requirement by court order, government or quasi-government agency to disclose Your Personal Information, we will disclose information as may be legally required. We may also disclose Your Personal Information if we, in the good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process.
In the event Smartflix is merged with or acquired by another company or in case of re-organization or re-structuring of business, our affiliates and we will share Your Personal Information, wholly or in part, with another business entity. We will notify you via e-mail or update our privacy terms if any of the above merger/acquisition/restructuring does take place
We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers, developers, or rights holders. For example, we share information publicly to show trends about the general use of our services. We also allow specific partners to collect information from your browser or device for advertising and measurement purposes using their own cookis or similar technologies.
- Third Party materials and websites
The User acknowledges that certain content, products and services available via the Services may include materials from third parties. In addition, Smartflix may provide links to certain third party websites. The User acknowledges and agrees that Smartflix shall not be responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Smartflix does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Smartflix reserves the right to take all necessary and appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to Smartflix right to cooperate with any legal process relating to the Users use of the Services and/or products, and/or a third party claim that the Users use of the Services and/or Products is unlawful and/or infringes such third party’s rights). The User agrees that Smartflix has the right, without liability, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Smartflix believes to be reasonably necessary or appropriate.
If the User is a minor under the age of 18, the terms of this Agreement should be reviewed and accepted by his/her parent/guardian to ensure that the User and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Services used.
- Proprietary Rights
The User acknowledges and agrees that the Services, including but not limited to graphics, audio and film clips and editorial content, contains proprietary information and material that is owned by Smartflix and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means.
The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening the network capacity.
All copyright in and to the Services, including but not limited to Services and products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by Smartflix and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Services, except for use of the Services as permitted in this Agreement is strictly prohibited and shall infringe on the intellectual property rights of Smartflix and/or its licensors. Infringement of these copyrights may subject the User to civil and criminal penalties, including monetary damages.
Smartflix, the Smartflix logo and other Smartflix trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Smartflix. The User is not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Smartflix does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free and the User agrees that from time to time, Smartflix may remove or suspend the Services for indefinite periods of time, or cancel or terminate the Services at any time, with or without notice to the User.
The User expressly agrees that the use of, or inability to use, the Services is at sole risk of the User. The Services and all products and services delivered to the User through the Services are provided on an as is and as available for the Users use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Due to Channel owners discretion, Smartflix can add / remove/ replace any existing channel or (s) that are part of the package, with some other channel at any point of time.
“Prices for the packages are subject to change”
Smartflix, its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be, at any time and for any reason whatsoever, liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users use of any of the Services or for any other claim related in any way to the use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In states or jurisdictions, which do not allow the exclusion or the limitation of liability for consequential or incidental damages, Smartflix liability shall be limited to the extent permitted by law.
Smartflix shall use reasonable efforts to protect information submitted by the user in connection with the Services. The User, however, acknowledges and agrees that the submission of such information is at the sole risk of the user and Smartflix hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way.
Smartflix does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Smartflix disclaims any liability relating thereto and the User shall be solely responsible for backing up the Users system.
- Waiver & Indemnity
By using the Services, the User agrees to indemnify and hold Smartflix, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of the Users breach of this agreement, use of the Services, or any action taken by Smartflix as part of its investigation of a suspected violation of this agreement or as a result of its finding that a violation of this agreement has occurred. The User shall not sue or recover any damages from Smartflix, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Smartflix conclusion that a violation of this agreement has occurred. This waiver and indemnity provision shall apply to all violations described in or contemplated by this agreement.
This Agreement or the Users subscription may be terminated by Smartflix if the User fails or Smartflix suspects that the User has failed to comply with the any of the provisions, including but not limited to failure to make payment of fees due, failure to provide Smartflix with a valid credit card or with accurate and complete registration data, failure to safeguard Account information, or violation of the usage rules or any license to the software, of this Agreement. Alternatively, Smartflix may, at its discretion terminate the license to the software; and/or preclude access to the Services (or any part thereof). Smartflix may or may not give the User a notice of such termination. The User you will remain liable for all amounts due under the Account up to and including the date of termination.
In addition to all other rights that Smartflix may have to disconnect Services at any time without notifying User if: (i) User fail to pay for any such Services in advance; (ii) Smartflix receive confirmation that User have received Services, or any part of the Services, without paying for them; (iii) User otherwise violate the terms and conditions of this Agreement; (iv) User assign or attempt to assign any of User rights, duties or obligations under this Agreement or any applicable promotion Agreement; (v) User are receiving Services through a third-party billing agent and become ineligible to receive applicable Services provided by such third-party billing agent; (vi) User receiving Services through equipment provided by or purchased from a third-party equipment provider and become ineligible to receive applicable services provided by such third-party equipment provider; or (vii) User commence any act or filing of bankruptcy or bankruptcy proceedings are commenced against User.
If User Services are cancelled or disconnected for any reason, User still must pay all outstanding balances accrued, including without limitation, any applicable fees. Charges for Services, once charged to User account, are non-refundable, and no refunds or credits will be provided in connection with the cancellation of Services. Without limitation to the foregoing, Smartflix will not issue refunds or credits for partially used services and/or periods. If User received a discounted price due to a promotion, and he/she cancels prior to any applicable expiration of that promotion, User shall not be entitled to any refund or credit for the unused portions of such discounted price.
Smartflix reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to the User and Smartflix shall not be liable to the User or to any third party upon exercise of such right.
- Refund Policy
Smartflix will not refund any unutilized price for any part of the Services. Except for the following circumstances:
21.a) There is a technical issue on the part of GPIT side & If due to any reason GPIT is not able to resolve the technical issues and downtime of the service within 28 days and where the customer has paid for 1,3 or 12 Months respectively then GPIT Shall refund the client for the respective period the client has paid for.
21.b) If due to any reason our service has been blocked by the telecommunication authority or internet service providers in a given country and when the customer has paid for 1,3 or 12 Months respectively then GPIT Shall refund the client for the respective period the client has paid for.
However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement. Cancellations of quarterly and yearly packages with and without Devices shall not be permitted under any circumstances, as they are available to User at discounted prices. This applies to specific monthly packages as well except for the clauses mentioned in 21.a) and 21.b).
Smartflix reserves the unilateral right to, at any time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and shall be deemed to be incorporated into this Agreement by reference. The User is advised to periodically review this Agreement to remain updated on the terms and conditions of this Agreement. The Users continued use of the Services following such incorporation will be deemed to constitute the Users acceptance of any and all such modifications.
Smartflix may notify the User with respect to the Service by sending an email message to the email address or by sending a letter via postal mail to the contact address listed in the Account contact information.
Notices to Smartflix must be sent to support@Smartflix.co and all notices must clearly bear the name, account name, address, telephone number and e-mail of the User.
- Governing Law
This Agreement is governed by the laws of Mauritius and is subject to the exclusive jurisdiction of the courts at Mauritius. The Users use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with Smartflix or relating in any way to the use of the Services shall be of the courts of Mauritius.
- Limitation of Liability
LIMITATION OF OUR LIABILITY
- INTERRUPTIONS AND DELAYS.
NEITHER SMARTFLIX NOR ITS THIRD-PARTY BILLING AGENTS OR DONGLE/EQUIPMENT PROVIDERS, NOR ANY OF SMARTFLIX OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN ANY SERVICE OR FOR ANY DELAY, FOR THE AVOIDANCE OF DOUBT INCLUDING WITHOUT LIMITATION: (i) IF SUCH ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OR DELAY ARISES IN CONNECTION WITH THE TERMINATION OR SUSPENSION OF SMARTFLIX’S ACCESS TO ALL OR ANY PORTION OF SERVICES FOR ANY REASON; (ii) THE RELOCATION OF ALL OR ANY PORTION OF THE SERVICES TO DIFFERENT SERVER(S); (iii) AN ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION IN THE FEATURES AND/OR FUNCTIONALITY AVAILABLE WITH YOUR EQUIPMENT; (iv) ANY SOFTWARE OR OTHER DOWNLOADS INITIATED BY SMARTFLIX; (v) ISSUES RESULTING FROM YOUR BROADBAND CONNECTION, INCLUDING WITHOUT LIMITATION, LACK OF SUFFICIENT BANDWIDTH; OR (vi) ANY ACTS OF GOD, FIRES, EARTHQUAKES, FLOODS, POWER OR TECHNICAL FAILURE, SERVER OR INTERNET FAILURE, ACTS OF ANY GOVERNMENTAL BODY OR ANY OTHER CAUSE BEYOND SMARTFLIX REASONABLE CONTROL.
- ALTERATIONS TO EQUIPMENT.
NONE OF SMARTFLIX OR ANY THIRD-PARTY BILLING AGENTS OR DONGLE/EQUIPMENT PROVIDERS OR ANY OF OUR OR THEIR AFFILIATES, WILL BE LIABLE FOR ANY ADDITION, DELETION, REARRANGEMENT, ALTERATION, INTERRUPTION, CHANGE AND/OR ELIMINATION OF OR TO ANY EQUIPMENT, FOR THE AVOIDANCE OF DOUBT INCLUDING WITHOUT LIMITATION, REMOVING OR DISABLING SOFTWARE, FEATURES AND/OR FUNCTIONALITY.
- NO WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY BY APPLICABLE STATE LAW, NEITHER SMARTFLIX NOR ANY THIRD-PARTY BILLING AGENTS,, APPOINTED BY SMARTFLIX, OR DONGLE/EQUIPMENT PROVIDERS, NOR ANY OF OUR OR THEIR AFFILIATES, MAKE ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, REGARDING YOUR SMARTFLIX DONGLE OR ANY OTHER EQUIPMENT OR ANY SERVICES FURNISHED TO USER. ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE
HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
- CONTENT RESTRICTIONS.
IT IS USER’S RESPONSIBILITY TO IMPOSE ANY PROGRAMMING, INTERNET OR OTHER CONTENT RESTRICTIONS ON HIMSELF/HERSELF, MEMBERS OF USER’S FAMILY AND HOUSEHOLD, AND GUESTS, AS USER DEEM APPROPRIATE. NONE OF SMARTFLIX OR ITS THIRD-PARTY BILLING AGENTS OR /DONGLE/EQUIPMENT PROVIDERS OR ITS AND THEIR AFFILIATES WILL BE LIABLE TO ANYONE DUE TO, OR BASED UPON, ANY CONTENT (INCLUDING WITHOUT LIMITATION, ANY INACCURACIES, ERRORS IN, OR OMISSIONS FROM SUCH CONTENT): (i) CONTAINED IN ANY OF THE SERVICES FURNISHED TO USER; OR (ii) ACCESSED USING THE SERVICES OR EQUIPMENT FURNISHED TO USER
- DAMAGES LIMITATION.
NEITHER SMARTFLIX NOR ITS THIRD-PARTY BILLING AGENTS OR DONGLE PROVIDERS, NOR ANY OF ITS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO: (i) SMARTFLIX DONGLE OR ANY OTHER EQUIPMENT; (ii) SMARTFLIX FURNISHING OR FAILURE TO FURNISH ANY SERVICES OR EQUIPMENT TO USER; OR (iii) ANY FAULT, FAILURE, DEFICIENCY OR DEFECT IN SERVICES OR EQUIPMENT FURNISHED TO USER.
Physical Address/Change of Address. User must be at least 18 years of age to enter into this Agreement. When setting up your Smartflix account, User must provide us with complete and correct personal information related to his/her account, including User email address, the physical address where User Dongle will be located and your Services will be provided. A post office box does not meet this requirement. User must give us immediate notice of any change of name, your email address, mailing address, telephone number, or physical address where your Smartflix Dongle/Equipment is located.
User may do this by notifying Smartflix customer service center by telephone or in writing at the phone number, mailing address, or e-mail address set forth at the top of this Agreement.
- Online Account Information.
User shall be responsible for maintaining the confidentiality of his/her account username and password of his/her online account and for all activities that occur under his/her account username and/or password. User must: (i) keep his/her account username and password confidential and, except as explicitly provided in this Agreement, not share them with anyone else; and (ii) immediately notify Smartflix of any unauthorized use of your password and/or account username or other breach of security.
- Third-Party Billing Agents.
Smartflix may enter into relationships with third parties to provide billing and other services on its behalf, in which case the terms and conditions of this Agreement shall apply to such third parties as applicable under the circumstances. Additional terms and conditions imposed by such third-party billing agents may apply. For example and without limitation: (i) late fees imposed by such third-party billing agents may be administered according to the third-party billing agent’s billing procedures and applicable state tariffs and regulations; (ii) Smartflix third-party billing agents may require that User shall pay all past due charges for Services, a restart fee, and/or a prepayment before Smartflix reconnect his/her Services; and (iii) other services provided by such third-party billing agents, including without limitation, local telephone service, may need to be restored before Smartflix Services can be restored, and a restoral fee and/or deposit may be required to restore third-party billing agent services Partial payments on third party billing agent bills may be applied first to the balance due for other services billed on User third party billing agent bill, including without limitation, local telephone service, according to the third-party billing agent’s billing procedures and applicable state statutes and regulations Please contact your third party billing agents for details. Failure to pay all or any part of your third-party billing agent bill may result in disconnection of services.
- Remedies Cumulative.
The rights and remedies provided under this Agreement to Smartflixin case of User’s default or breach of this Agreement are cumulative and without prejudice to any other rights and remedies that Smartflix may have by reason of such default or breach at law, in equity, under contract or otherwise (all of which are expressly reserved).
No salesperson, installer, customer service representative, authorized retailer, or other similarly situated individual is authorized to change or override this Agreement. Smartflix may, however, change this Agreement at any time and from time to time. The terms and conditions of this Agreement that either are expressly stated to survive or by their nature would logically be expected to survive its expiration or termination will continue thereafter This Agreement is in addition to any other written agreement(s), if any, between you and Smartflix, and except as provided to the contrary herein, all such written agreements shall remain in full force and effect. Except as expressly set forth in this Agreement to the contrary, this Agreement replaces and supersedes any and all prior Agreements in their entirety, and such prior Agreements shall be of no further force or effect whatsoever.