Terms Of Service
These Website Terms and Conditions (“Terms“) govern your use of this website, located at Smart Central 345 (the “Site“), is operated by Smart Central 345 (hereinafter referred to as “Company“, “we” or “us“). We provide security and smart home integration related services (collectively, with all other services provided through the Site, the “Services“) as well as security, and smart home equipment (the “System“). By accessing or using the Site or Services, you are accepting and complying with these Terms (on behalf of yourself, the entity that you represent and/or any user associated with your Company Account (defined below)) and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself, the entity that you represent and/or any user associated with your Company Account). You may not access or use the Site or Services or accept these Terms if you are not of legal age to form a binding contract with Company. Additionally, these Terms apply to any Company operated websites that (i) do not have their own terms and conditions and (ii) link, direct, or connect to this Site, or these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site or Services. By visiting and using our Site, you acknowledge that you have read and understood these Terms and accept the practices described in our Privacy Policy, which provides a detailed description of our privacy practices and can be viewed online at Privacy Policy.
Term of Service Revisions
Company may at any time revise these Terms of Use by updating this posting. You will be notified of any updates by the posting “Updated on” at the top of the page, followed by the date of the revision. By using this site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Vendor Product Information Accuracy
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. Although Company makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
No Warranties
THE COMPNAY, SYSTEMS AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, SYSTEM OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR COMPANY. COMPANY DOES NOT WARRANT THAT YOU WILL QUALIFY FOR SYSTEM OR SERVICES OFFERED ON THE SITE OR THAT THE SYSTEM OR SERVICES OFFERED THROUGH THE SITE ARE AVAILABLE IN ALL JURISDICTIONS.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, HARM TO EQUIPMENT AND/OR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULT IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF ANY ITEM YOU ASSUME ANY COST THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify, and hold Company (and its affiliates, licensors, owners, officers, employees, and agents) harmless, including costs and reasonable attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Children’s Online Policy
Company is committed to the preservation of online privacy for all of its web site visitors, including children. Consistent with the Children’s Online Privacy Protection Act, we will not knowingly collect any personally identifiable information from children under the age of 13. Company sells products intended for purchase by adults. If you make a purchase from Company, you represent that you are an adult. If you are a child under the age of 13, you must ask your parent or guardian to assist you in using the Company website.
Account Management
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. If you are under 13, you may use our website only with involvement of a parent or guardian. Company and our associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Risk of Loss
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Third-Party Websites
The Site may provide links to the websites, content, advertisements, products and services of Company affiliates, strategic partners, and other third parties. You should refer to the separate terms of use, privacy policies, and other rules posted on these websites before you use them. The existence of such links does not indicate our approval or endorsement of any material contained on any linked site.
We are not responsible for the content of any website linked to our Site; for any loss or damage you may incur from dealing with any third party found on or through our Site, including your participation in promotions, the payment for and delivery of goods or services, or any request for products or services presented on our site. We provide these websites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to these websites. We are not responsible for any terms, conditions, warranties, or representations associated with such dealings. Your connection to any such third party website is at your own risk.
Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites & Ads.
Modifications of Site; Termination
We reserve the right, at any time, without notice and for any reason, to modify, remove, suspend, or discontinue the Site or Services, and to deny access of any user to all or any part of the Site or Services. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. Any update or other addition to functionality of the Site or Services shall be subject to these Terms.
Transmissions
Any material, information or idea you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Site or its affiliates for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to Site will be handled in accordance with Company Privacy Policy. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could give rise to any civil or criminal liability under the law. When you visit Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. 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.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Company reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Payments
You may order the Systems and certain Services by following the directions on the Site. Once you order the Services on the Site, your subscription to such Services (your “Subscription”) will automatically renew until you cancel such Services by following the directions on the sales of Services Agreement (the “Service Terms”). Company may change the pricing for the Services (from time to time in its discretion) by updating the Site and without any additional notice to you, provided that any changes will not take effect until your Subscription renews. In addition, the Service fees may increase or decrease in accordance with your request for a policy change or in connection with other factors that affect your Services.
If you order any of the Services, you agree to pay the then-current applicable Service fees listed on the Site. The Site allows for one-time and recurring payments for Services offered either by Company or third party service providers. Company will bill your credit card submitted in ordering the Services on the date the Services are activated. Please see the appropriate section in the Service Terms for policies and details on refunds, if any. If you agree to automatic payments for one or more Services, you are consenting to the Company to deduct the pre-determined amount from the account you specified on a date each month that Company deems appropriate. You agree these charges shall continue until you cancel the automatic payments or cancel the Services. If you feel you have been billed in error or you wish to dispute any charge, or cancel the Services, you may do so by contacting Company. All information that you provide to us or our third party payment processor must be accurate, current and complete. In the event of a dispute the Companies may issue you with a provisional credit until the dispute is resolved. If the Companies issue a provisional credit and the dispute is resolved and the charges were correct, the Companies shall recharge your account to reverse this provisional credit. You expressly consent to this reversal if you falsely or incorrectly dispute a charge.
If you wish to dispute a charge, please contact Company by phone or email. In the event that Company charges any convenience fee for making a payment via a debit card, credit card or electronic check, these fees will be stated at the time of payment before you finalize your charge. When you make a charge, Company shall display a completed charge screen. This is your electronic receipt. You should print or save this electronic receipt for your records. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. In the event of an unauthorized charge using a debit card or electronic check, please consult your bank’s rules regarding refunds and reversals.
Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due may bear interest at the rate set forth in the applicable policy or account. If the interest rate is not made available to you, then Company reserves the right to charge a reasonable interest rate, including up to the maximum legal rate. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may terminate the applicable Service, in accordance with the applicable policy or account.
Intellectual Property Rights
Excluding your User Content the Site and its entire contents, features, and functionality (including but not limited to text, graphics, photographs, videos, sounds, music, logos, trademarks, services marks and the design, selection and arrangement thereof contained on this Site or in the Services are owned by Company, its subsidiaries, licensors, or other providers of such material and are protected by copyright, trademark, trade secret, patent, and other intellectual property (“Intellectual Property”) laws, and other proprietary rights laws. You are not permitted to: (i) reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purpose of otherwise, any portion of the Site or its contents other than as expressly authorized by Company in writing; or (ii) remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Site or its content. You are permitted to use the Site and Services only as expressly stated in these Terms. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Cayman islands, and you submit to the non-exclusive jurisdiction of the Cayman islands for the resolution of any disputes.