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terms and conditions

Terms and Conditions

These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Smart In Agency, ( « Smart In Agency » or “We” or “us”), a brand of MR CONSULTING FZE, a company based in RAKEZ Business Zone-FZ RAK, United Arab Emirates, operating under the license number 47000951. 

These Terms and Conditions and all other operating rules, policies including, without limitation, the Referral Agreement, Privacy Policy and procedures that may be published from time to time on this Site by Smart In Agency (collectively, the "Agreement") represent the whole agreement and understanding between Smart In Agency and the individual or entity who subscribes to our service ("Subscriber" or "you"). 

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Smart In Agency may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Smart In Agency believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. 

Smart In Agency may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://smartinagency.com/terms-and-conditions. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. 

Section 1. Services 

Smart In Agency offers Subscribers services and products related to trading area as described to this web address : https://smartinagency.com. Services are provided on the basis of facility and availability. Smart In Agency reserves the right to modify, change, or discontinue any aspect of the Services at any time. 

Smart In Agency runs certain seasonal promotions related to its products, from time to time. Each promotion is subject to its unique terms and conditions that you ought to read carefully each time before you subscribe. 

Section 2. Service Fees / Payments / Invoices

All Smart In Agency fees and charges are quoted and billed in Euro or US Dollars unless otherwise noted. Smart In Agency uses an automated payment processing system and only accepts PayPal payments at this time. Any payment issues or disputes should be resolved directly with the payment processor. Once Smart In Agency has been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, Smart In Agency make no guarantees of timeliness or immediacy.

Invoices for all Smart In Agency services can be found by logging into your account control panel. 

Billing inquiries and disputes should be brought to Smart In Agency’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. 

Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order. 

Smart In Agency reserves the right to modify service fees and rates, effective upon posting on the Smart In Agency website. 

Smart In Agency does not charge you any fees relating to the processing of transactions under your account ("Transaction Fees"). However, your selected payment processor, such as PayPal, may still charge you Transaction Fees for each payment you receive. You will be solely responsible for any such Transaction Fees. 

Section 3. Termination / Refund Policy/Package change

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or Smart In Agency. You may terminate these Terms of Service at any time by notifying Smart In Agency that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or Smart In Agency suspects that you have failed, to comply with any term or provision of these Terms of Service, Smart In Agency also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 4. Errors, Inaccuracies and Omissions 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offer and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Smart In Agency undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 5. Disclaimer of Warranties. Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. Smart In Agency makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Smart In Agency is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Smart In Agency. 

In no event will Smart In Agency be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you. 

Smart In Agency, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service. 

In no event shall Smart In Agency be held liable for any damages or economic loss, whatsoever, as a result for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who promotes illegal conduct. 

Section 6. Indemnification

You agree to indemnify and hold Smart In Agency, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Smart In Agency with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services. 

Section 7. Force Majeure

Smart In Agency will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning. 

Section 8. Subscriber Responsibility

When you apply to use Smart In Agency services, you will be asked to select a Member ID and Password. The Member ID and Password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the Member ID and Password you select from any unauthorized use. IN NO EVENT WILL Smart In Agency BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR PARTNER ID OR PASSWORD. 

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your back office.

Section 9 - Age of Majority

Smart In Agency does not accept agreements and payments from persons under the legal age of 18 years. By submitting your form application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf. 

Section 10 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 11 - Privacy

Smart In Agency Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers' personal information. Smart In Agency Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://smartinagency.com/privacy-policy

Email newsletters will only be sent directly by Smart In Agency. Subscriber information will not be disclosed or sold to any third parties. 

Section 12 - Notices

You agree that, unless other instructions are posted on Smart In Agency’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Smart In Agency posted on Smart In Agency website. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

Section 13 - Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way. 

Section 14 - Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the UAE. 

The Court of  Ras Al Khaimah (UAE) shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter.

Smart In Agency shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. 

Section 15 – Entire Agreement 

The failure of us 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, the Referral Agreement and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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 16 – Changes to terms of service 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change 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 changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 17 – Contact Information 

Questions about the Terms of Service should be sent to us at contact@smartinagency.com