Terms of service
Here is the translation into British English:
General Policy Disclaimer: The materials below are for informational purposes only and do not constitute advertising, solicitation, or legal advice. This template may be translated using automated technology. Translations are provided for convenience only. Shopify accepts no responsibility for errors or omissions in any translation. Please read this material carefully and make any necessary modifications. The information contained in these materials may or may not reflect the most recent legal developments. Accordingly, Shopify makes no warranty that such information is correct or complete. You should not rely on this information for any purpose without first seeking legal advice from a qualified solicitor in your state or province. The use, access, or transmission of these materials or any links contained herein is not intended to create, and receipt thereof does not constitute, a solicitor-client relationship between you and Shopify. Shopify expressly disclaims all liability in connection with your use or publication of these materials and any actions taken or not taken on the basis thereof.
OVERVIEW
Welcome to SmartLiv! The terms "we", "us", and "our" refer to SmartLiv. SmartLiv operates this shop and website, including all related information, content, features, tools, products, and services, with the aim of providing you, the customer, with a personalised shopping experience (the "Services"). SmartLiv is powered by Shopify, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least of legal age in your state or province of residence and that you have given us your consent to permit any of your minor dependants to use the Services on a device that you own, purchase, or manage.
To use the Services, including accessing or browsing our online shop or purchasing any products, you should be aware that the online shop is your preferred destination.
To purchase the products or services we offer, you may be asked to provide certain information, such as your e-mail address and your financial, payment, and delivery details. You represent and warrant that all information provided in our shop is accurate, current, and complete, and that you hold all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or licence your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to present an accurate representation of our products and services in our online shop. However, please note that colours or the appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the shop and your device settings.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or match those presented or displayed in our online shop.
All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any individual, geographical area, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When placing an order, you are making an offer to purchase. SmartLiv reserves the right to accept or decline your orders for any reason, at its sole discretion. Your order will not be accepted until SmartLiv confirms its acceptance. We must receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as SmartLiv may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, amend, or cancel an order, we will endeavour to notify you by contacting the e-mail address, billing address, and/or telephone number provided at the time the order was placed.
Your purchases are subject to return or exchange exclusively in accordance with our refund policy [LINK].
You represent and warrant that your purchases are intended for your personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICING AND FINANCIAL MATTERS
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Unless expressly stated otherwise, prices shown do not include tax, postage, handling, customs, or import charges.
Prices displayed in our online shop may differ from those offered in physical stores or in online or other shops operated by third parties. From time to time, we may offer promotions through the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our shops. You agree to promptly update your account and other information, including your e-mail address, credit card numbers, and expiry dates, so that we may complete your transactions and contact you when necessary.
You represent and warrant that: (i) the credit card information provided is truthful, correct, and complete; (ii) you are duly authorised to use that credit card for the purchase; (iii) any charges incurred by you will be honoured by your credit card provider; and (iv) you will pay the charges incurred at the published prices, including postage and handling fees and all applicable taxes, if any.
SECTION 5 – POSTAGE AND DELIVERY
We accept no responsibility for delays in postage and delivery. All delivery timeframes are estimates only and are not guaranteed. We accept no responsibility for delays caused by the carrier, customs processing, or events outside our control. Once we have transferred products to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trade marks, marks, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are the property of [merchant], its affiliates, or its licensors, and are protected by patents, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any licence or other rights to you under any patent, trade mark, copyright, or other intellectual property of [merchant], Shopify, or any third party. Unauthorised use of the Services may constitute a breach of intellectual property laws. All rights not expressly granted herein are reserved by [merchant].
The names, logo, product and service names, designs, and slogans of [merchant] are trade marks of [merchant] or its affiliates or licensors. You must not use such trade marks without the prior written authorisation of [merchant]. The name, logo, product and service names, designs, and slogans of Shopify are trade marks of Shopify. All other names, logos, product and service names, designs, and slogans appearing in the Services are the trade marks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or have any influence over.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or in connection with your use of any optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk, and you should ensure that you are familiar with and agree to the terms under which those tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). Such new features shall also be considered part of the Services and are subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.
We accept no responsibility for any damages or losses arising from your access to any third-party website, or from your purchase or use of any products, services, features, or content on any third-party website. Please review the policies and practices of third parties carefully and ensure you understand them before entering into any transaction. Any complaints, concerns, or questions relating to third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: this section accurately describes Shopify's relationship with your shop and must not be removed or amended.]
SmartLiv is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop will be made directly with [merchant]. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of any sales between you and [merchant], including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchase and transaction with SmartLiv.
SECTION 10 – PRIVACY POLICY
All personal information submitted through the Services is subject to our Privacy Policy, which may be viewed here [LINK], and certain personal information may also be subject to Shopify's Privacy Policy, which may be viewed here. By using the Services, you acknowledge that you have read this Privacy Policy.
As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country other than your country of residence, so that we may provide the Services to you. Please review our Privacy Policy [LINK] for further details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, e-mail, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this licence to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfil our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or hold all necessary rights in all comments; (ii) you have disclosed any compensation or incentives received in connection with the submission of your comments; and (iii) your comments will comply with these Terms. We have no obligation (1) to maintain your feedback in confidence; (2) to pay compensation for your feedback; or (3) to respond to your feedback.
We may, but are under no obligation to, monitor, edit, or remove feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of third parties or these Terms of Service.
You agree that your feedback will not infringe any third-party rights, including copyright, trade marks, privacy, personality, or other personal or proprietary rights. You also agree that your feedback will not contain libellous, unlawful, abusive, or obscene content, nor will it contain computer viruses or any other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Shopify or third parties as to the origin of any feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility or legal liability for any feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, postage charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders where any information is incorrect, at any time and without prior notice, including after an order has been submitted.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You must not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or those of any third party; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to submit, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or arrange the sending of any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits any person's use or enjoyment of the Services, or that, as determined by us, may harm SmartLiv, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, scrape, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of third parties; (d) engage in spam, phishing, pharming, or pretexting to access the Services; (e) use any robot, spider, scraping tool, data collection or extraction tool, automated device or process, artificial intelligence (AI) tool, or any automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent any security or authorisation features, robot exclusion measures, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with any of the Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity, and that may operate on behalf of, or using the device of, a person, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may restrict, including through technical means, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent's name by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use, or interaction is from an Agent, such as (a) by imitating human behaviour and interaction patterns, or (b) by completing or circumventing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) respond honestly to any question or prompt seeking to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any part of its content.
EXCEPT AS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES; THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.
SECTION 17 – LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COSTS OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, 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 THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless SmartLiv, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, payable to third parties arising out of or in connection with (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of any third party, or (3) your access to and use of the Services.
We will notify you of any claim subject to indemnification, and failure to provide immediate notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defence and resolution of any such claim at our discretion, including the choice of legal counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You must cooperate in the defence of indemnifiable claims, including by providing relevant documentation.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service; such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure or forbearance to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operational rules published by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and construed in accordance with the courts, whether federal, state, or territorial, of the jurisdiction in which SmartLiv is established. You and SmartLiv agree to submit to the jurisdiction of those courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, amend, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notification. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Enquiries regarding the Terms of Service should be sent to contato@smartlivloja.com.br.
Our contact details are as follows: