Smart Car Mall/Smart Car of America Terms & Conditions
If you do not agree & accept any of the Terms & Conditions and Private Policy , kindly exit out and terminate access to this website immediately.
Seller’s responsibility
Orders shall be carefully packaged and delivered in a timely manner based on shipping method specified by Buyer. Seller is not liable for delays or damage due to courier error, strikes, fire, accidents, and matters unavoidable and beyond Seller’s control. Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Seller's time for performance of any such obligation shall be extended for the time period of such delay or Seller may, at its option, cancel any order or remaining part thereof without liability by giving notice of such cancellation to Buyer.
Registration and Account Creation…Registration on the Smart Car of America is required to make an online purchase, participate in our chat room or post comments on our bulletin board, although users can register at any time. As part of the site or the bulletin board registration processes and as part of the account creation process, you will select a password and provide Smart Car of America with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and for all usage or activity on your account, including the use of your account by any person using your password(s).
REFUND POLICY
Non-returnable and non-refundable items…Smart Car of America waiting list service fees are nonrefundable. All sales of E-booklet CD’s are final and non-refundable. Opened CD’s Products altered and not in its original shape are non- refundable. However, there is A CD return policy; if your cd arrives damaged we will replace it.
Memberships…You may purchase a membership in the Smart Car of America by adding a membership to your shopping cart on the Smart Car of America page or various "Product" pages on the site and paying the requisite membership fee by completing the order.
Membership fees are non-refundable. Our company(s) accepts no liability for the content of this publication , or for the consequences of any actions taken on the basis of the information provided.
Online Store. In either case, credit card or wire transfer, items will not be delivered until the credit card has been processed, or wire payment received, respectively Online store payments must be provided at time of purchase via a credit card or by request for wire transfer. No checks are accepted for online order placement. If you wish to pay by check, please use the PRINTABLE ORDER FORM.
In the event of any dispute, charged back transaction, refusal of shipment, or unpaid balance, Buyer shall be liable for applicable collection fees, court costs and attorney fees. This agreement shall be governed by, construed, and enforced in accordance with the laws of the state or country of Buyers.
Buyer’s responsibility
Buyer agrees to pay full and accurate amount listed on forms. All sales, orders, or commitments to purchase constitute the Buyer’s agreement to the terms and conditions outlined at Smart Car of America at time of purchase. Buyer acknowledges and accepts products as represented at time of sale. Cancellations and/or other changes in this order are not allowed without written acceptance from Seller. Seller must be notified of all damage claims within 3 days of delivery date. Buyer shall pay amount as shown on the Online Store. Shipping and transportation charges, and applicable taxes, if any, are additional unless otherwise specified in the proposal or quotation. Buyer acknowledges that delivery dates provided by Seller are estimates only and that Seller is not liable for failure to deliver on such dates. Seller reserves the right to make deliveries in installments. Delivery of a quantity that varies from the quantity specified shall not relieve Buyer of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Buyer to cancel other installments. Buyer is aware that the CD E-Booklet is a special order and as such merchandise is non-returnable* and non-refundable.
Visitors to this website are advised that…Any documents available from this website, Smart Car of America Car of America does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed. All readers are advised to conduct their own independent research into any information contended before making a purchase decision.
Material from Smart Car of America is information of a general nature only, is not legal advice, and is not intended to address the specific circumstances of any particular individual or entity. For specific legal advice, please contact a lawyer.
If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
All Visitors & Advertisers must agree with our Terms & Conditions and Private Policy when accessing any services provided on this website.
If you do not agree & accept any of the Terms & Conditions and Private Policy, kindly exit out and terminate access to this website immediately.
The use of our services, website, materials, contents and links herein is at your sole risk only and Smart Car of America shall not be responsible for any loss or damage which results from the use or reliance or such services, business dealings, advertisements, promotions, views or opinions or any other materials, contents and information not otherwise stated. Any materials or contents downloaded, copied or otherwise obtained through the use of our services is done at your sole discretion and risk. You shall be responsible for any damage to your computer system or loss of data that results from the download or copied materials from our website including any damages from computer viruses. Any changes are made periodically to the website, materials, contents and links may be made at any time without notice to you.
Our services, website, materials, contents and links may contain mistakes, errors, inaccuracies or typographical errors and typographical mistakes.
Smart Car of America, its employees, subsidiaries, associates and affiliates make no representations, endorsements or warranties of any kind whatsoever, whether express or implied, about any of the services, materials, contents and links provided herein, including any advertisements supplied by the respective advertisers and their creditworthiness, truthfulness, reliability, accuracy, non-infringement of copyrights & trademarks.
Smart Car of America does not guarantee that your car will be sold through us on this online advertising platform. Smart Car of America does not bear any responsibility in the failure to sell any cars posted. Smart Car of America is not acting as brokers in any car transactions. Smart Car of America is just an online advertising platform for users to sell their cars by themselves and payment needs to be made irregardless whether the car is sold through this website or not.
Smart Car of America does not guarantee and warranty any user, visitors and advertisers that any back-up on information, advertisements submitted via emails, emails or any other information stored on our system, server or website will be performed.
Smart Car of America does not guarantee and warranty any user, visitors and advertisers that any email from its web site is secure and do not guarantee that any such email from or to you are secure during internet transmission or backup during transmission or backup and stored in our server and system.
The use of our services, website, materials, contents and links are provided on an "As Is" and "Where Is" basis. Smart Car of America does not guarantee and warranty that visitors, users or any party can access, copy, download or any other means of using this website, materials, contents and links.
In no event shall Smart Car of America be responsible or liable to any party for any damages, lost profits, revenue, goodwill, claims, expenses or losses of any kind arising from or in connection and any reliance on the accuracy, timeliness, availability, quality, non-infringement, merchantability, reliability, fitness for any purposes or any other purposes on its data, advertisements, materials and contents provided herein.
Smart Car of America is not to be considered to be employer of any sort, advisors, inducers or any other terms of use to any visitors or users of our website, materials, contents and links.
Smart Car of America shall not be responsible in any way for any visitors or users and advertisers of our website, materials, contents and links for any of their employment, buying or selling decisions or for whatsoever reasons made by any entity or advertiser's posting of advertisements on our website, such disclaimer shall also include all information, endorsements or reports posted on this website.
Smart Car of America does not guarantee or warranty that the use of our servers, services, website, materials, content or any websites linked will operate meet any visitors or users' expectations or requirements, timely, secure, accurate, reliable, without any errors, uninterrupted service, power, suspension, free of harmful computer viruses or worms or any other harmful components.
Smart Car of America provide access to other websites through links. These links are provided solely as convenience to all visitors and users and shall not act as any endorsement or support by Smart Car of America to the materials and contents of such linked websites.
Smart Car of America is not responsible in any way for the materials and content of linked websites and do not make any representations with regards to materials and contents on the linked websites. Visitors and users who accessed linked websites do so at their own risks.
Smart Car of America shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website including any use and access to this website, materials and contents, service or any advertisement or information posted from anybody.
Smart Car of America does not guarantee or warranty that any checks or inspection have been done to verify all postings of advertisements of their copyrights, trademarks, intellectual rights or whatsoever rights required. Advertisers are responsible for the checking, inspection of their advertisements against flouting, infringing or violating copyrights, trademarks, intellectual rights or whatsoever rights required and all visitors and users of this website acknowledge their reliance on such materials and contents are at their own sole risks.
Smart Car of America does not guarantee or warranty that all advertisements submitted shall be posted onto our website. All advertisements are subject to the laws, rules & regulations, orders, directive of the Singapore Government, its courts and authorized officers.
Smart Car of America does not guarantee or warranty that all advertisements submitted will be posted on this website without any delays in 2-3 days time upon clearing and depositing of check payment by advertisers. Smart Car of America will do their best to put up the advertisements submitted as soon as possible pending clearance of any errors, mistakes or last minute amendments by advertisers. Smart Car of America shall not be liable for any delays, mistakes or errors in the posting of advertisements on this website.
Smart Car of America does not guarantee or warranty strict confidentiality of users, visitors and advertisers that being subjected to compliance with the laws, orders from courts, directive and orders from authorized officers, or that any preservation or disclosure is reasonably necessary to comply to respond to claims or charges that any advertisements, materials and contents posted by other users, visitors and advertisers violate the rights of third-parties; or to protect the rights, property, or personal safety of Smart Car of America, its users and the public.
Smart Car of America use reasonable precautions to keep the information disclosed to us secure. We disclaim and do not guarantee or warranty fully security of all information and data stored or collected by us i.e. we shall not be responsible for any breach of security or for any actions of any third parties that receive such information and data.
No advice or information, whether oral or written, whether expressed or implied, obtained from Smart Car of America will create any guarantee, warranty, condition not stated in our Terms & Conditions. No employees, subsidiaries, associates and affiliates of Smart Car of America is authorized to vary the Terms & Conditions herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page
You agree to defend, indemnify, and hold harmless Smart Car of America, their subsidiaries, affiliates, officers, directors, agents, co-branders, alliance members, or other partners and employees from and against any claims, any actions or demands, proceedings, costs, expenses, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, copyrights, intellectual rights, death, bodily injury, property damage or pecuniary losses howsoever arising which Smart Car of America may sustain, incur, suffer or pay arising out of or in connection with the use of the service by any visitors, users or advertisers or any act or omission of visitors, users or advertisers thereof including without limitation reasonable legal and accounting fees, alleging or resulting from your use or misuse of the services, website, materials and contents or your breach of the terms and conditions of this agreement, website and access or any other violations of any terms or rights not stated herein.
Take note that Smart Car of America may at any time deactivate or suspend any access to our website and/or the services provided herein (as the case may be) without notice to carry out system maintenance, upgrading, testing, repairs or any other related works.
Without prejudice, Smart Car of America shall not be responsible or liable to any party for any damages, lost profits, revenue, goodwill, claims, expenses or losses of any kind arising from or in connection with deactivation or suspension of access to our website, or anyone or anything that may suffered or incurred as a result of such deactivation or suspension, and no payments, fees or charges payable by the any visitors, users and advertisers to Smart Car of America shall be deducted, refunded, returned or rebated, as a result of such deactivation or suspension.
Copyright
The services, use and access of this website, materials and contents and any software used in connection with provisions of such access and services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Materials and contents contained in third-party advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the use, access, services or the software, in whole or in part.
None of the materials and contents on this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Smart Car of America or the Third Party Provider. No part of this Website, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Smart Car of America.com. You also may not, without Smart Car of America prior express written permission, "mirror" any materials and contents contained on this website on any other server.
Nothing on this website shall be construed as conferring any license under any of Smart Car of America or any Third Party Provider's intellectual property rights, whether by estoppels, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses and rights.
Your Conduct & Obligations
You shall be responsible for set-up and configuration of your own equipment to use and access the services and the materials and contents of this website.
You shall comply with all notices or instructions given by Smart Car of America and SmartCarofAmerica.com from time to time in respect of the use and access the services and materials and contents of this website.
You shall be solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or any other rights as may be required.
You shall comply with the rules of any network or network service provider through which you access the services and the materials and contents of this website.
You shall be solely responsible for all information retrieved, stored and transmitted and solely responsible for the accuracy of the Registration Data given to Smart Car of America and SmartCarofAmerica.com
You shall be solely responsible for the maintenance of confidentiality of any password and user ID given and all activities and transmission performed through the given password and user ID. You should also immediately notify the Smart Car of America's and SmartCarofAmerica.com of any unauthorized use of the given password and user ID or any other breach of security and to pay any subscription fees where applicable promptly on demand and as required.
You may not sell or modify the materials and contents of this website or reproduce, display, publicly perform, distribute, or otherwise use the materials and contents of this website in any way for any public or commercial purpose. The use of the materials and contents on this website on any other web site or in a networked computer environment for any purpose is prohibited.
You may not access or use the materials and contents on this website in order to transmit, distribute, store or destroy material, in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful or offensive on moral, religious, racial or political grounds.
You are prohibited from violating or attempting to violate the security of this website, including, without limitation, accessing data not intended for such user or logging into a server or account which the user is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mail bombing" or "crashing", sending unsolicited e-mail, including promotions and/or advertising of products or services, or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Smart Car of America's and SmartCarofAmerica.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials and contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such materials and content originated. This means that you, and not Smart Car of America's and SmartCarofAmerica.com, are entirely responsible for all materials and contents that you upload, post or otherwise transmit via the services, access and use of this website. Smart Car of America's and SmartCarofAmerica.com does not control or verify the materials and contents posted via the posting of advertisement on this website and as such, do not guarantee the accuracy, integrity or quality of such materials and contents. You understand that by accessing, using this website, you may be exposed to materials and contents that may be offensive, indecent or objectionable.
You acknowledge that Smart Car of America's and SmartCarofAmerica.com do not pre-screen the materials and contents of posting of advertisements submitted, but that Smart Car of America's and SmartCarofAmerica.com, its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to disable, any materials and contents of the advertisements submitted hat is available via the accessing and using of the services of this website. Without limiting the foregoing, Smart Car of America's and SmartCarofAmerica.com and its designees may disable, amend, edit, restrict delete, remove, disable access to or the availability of, any materials and contents of the advertisements submitted that violates or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of any materials and contents of the advertisements, including any reliance on the accuracy, completeness, truthfulness or usefulness.
You acknowledge that Smart Car of America' s and SmartCarofAmerica.com have no obligation to screen communications and advertisements in advance and is not responsible for screening or monitoring any materials posted by users or advertisers. Smart Car of America's and SmartCarofAmerica.com have the sole rights and discretion to decide whether to remove, amend, delete, edit or request the removal of such communication and advertisements submitted. Smart Car of America's and SmartCarofAmerica.com have no liability or responsibility to users, visitors or advertisers for performance or non-performance of such activities.
You agree not to post or store on Smart Car of America's and SmartCarofAmerica.com or any of its affiliated sites any materials and contents that violates or infringes anyone's intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or (to the extent protect able) confidential ideas) or that is obscene, obscene as to minors, child pornography, defamatory, obscene, threatening, abusive, hateful, or embarrassing to another user or any other person or entity racist, lewd, lascivious, filthy, excessively violent, harassing, solicitations of business; post chain letters or pyramid schemes; or impersonate another person or otherwise objectionable.
You shall not copy or adapt the PHP code that Smart Car of America's and SmartCarofAmerica.com create to generate its pages. It is also protected by copyright.
You agree not to use or access the services and the website in any way for spamming or to transmit chain letters, junk email or bulk communications. You agree not to transmit through the use and access the services and the websites that is objectionable. You agree not to use any Smart Car of America's and Smart Car of America's domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service; and you may not pretend to be someone else or spoof their identity when using or accessing the services and website. Furthermore, you agree not to transmit unsolicited or bulk communications to any Smart Car of America's and Smart Car of America's account holder or to any Smart Car of America's and SmartCarfoAmerica.com or affiliated email address.
Your agreement, acknowledgment, consent, acceptance to all the terms and conditions on this website without any changes or modifications.
Your agreement, acknowledgment, consent and acceptance of all our disclaimers and warranties and that Smart Car of America and SmartCarofAmerica.com are not responsible and liable for the materials and contents of advertisers or for any damage to your computer system or loss of data that results from the download or copied materials from our website including any damages from computer viruses.
Your agreement, acknowledgment, consent and acceptance that our services, website, materials, contents and links may contain mistakes, errors, inaccuracies or typographical errors and typographical mistakes.
Your agreement, acknowledgment, consent and acceptance to have sole and full responsibility for protection and backup of data and/or equipment used in connection with the use and access of our website, and will not make a claim against Smart Car of America and SmartCarofAmerica.com for lost data, information, profits, revenue, goodwill, claims, expenses, losses of any kind, re-run time, inaccurate outputs, work delays, work disruptions resulting from the use of materials and contents.
Your agreement, acknowledgment, consent, acceptance that any advertisement or information posted on this website may be deleted or modified in whole or part at any time without prior notice to anyone including the person who posted the advertisement.
Your agreement, acknowledgment, consent, acceptance that Smart Car of America and SmartCarofAmerica.com may preserve and may also disclose any advertisements, identity of advertisers or users and visitors, information on any advertiser, user or visitors if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, or to respond to claims or charges that any advertisements, materials and contents posted by other users, visitors and advertisers violate the rights of third-parties; or to protect the rights, property, or personal safety of Smart Car of America and SingaporeCarsOnline.com, its users and the public.
Your agreement, acknowledgment, consent, acceptance to follow and abide by the terms and conditions specified in Your Conduct & Obligations, Your Indemnity and all the rest of the Terms and Conditions stated herein.
In the event of any disruption to the service provided herein, Smart Car of America shall at its choice and discretion only replace the time loss of the advertisements put up by advertisers through extensions of the time of display on this website. No refunds or returns shall be entertained or liable.
