TERMS AND CONDITIONS
TERMS AND CONDITIONS
Keep Smiling Brand The following Terms and Conditions (“Terms”, “Terms of Service”, “Keep Smiling Brand”) govern all use of our platform and services providing (collectively called “website”). These terms also shall apply to all other content and services and products available at or through our website. All the terms on and through our website such as “we”, “us”, “our”, “us” refer to the e-commerce services and clothing merchandise on the website of Keep Smiling Brand. The information is available on this website to you (“user”, “buyer”, “customer”) through these Terms and Conditions and conditioned on your acceptance of the terms, the policies, and everything else posted here. By using our services, website, and purchasing any digital product from us, you have engaged in our service, and you are bound by the terms and rules stated herein. All the terms in our Terms constitute an agreement between you and our services. These terms should be read together with our Privacy Policy and Terms and Conditions for users along with any other policies and together all these documents form an agreement between the users and our website. This agreement shall apply to you as a user, visitor, buyer, customer, or anyone in general who has used our services or accessed our website. If you are not in consent with the terms provided on this page or any one of the terms, you may not access the website in whole or in part and you also can not use any of our services.
SECTION 1- REQUIREMENTS
a. Age Requirement You must be at least 13 years old in order to use our services. If you are under, you do not have permission to use our services. (Anyone between the ages of 13 to 18 should have their parent’ or guardians’ consent to use our website).
b. Not Barred By Law You must otherwise not be barred by law from using mobiles, computers, the internet, or otherwise our software for whatever reasons. This specifically includes the people who have been convicted by the court of law for the illegal use of computers.
c. Personal Information Requirement For Registration To provide our users, the best services we may need personal information. This personal information may include your first name, last name, email, address, phone number and information as described in our Privacy Policy. Please know that the information you may provide will only be used for the purpose of providing our services and will not be sold to any third parties.
d. Automatic Information Collection There may be some information that will be collected automatically from the users when they use our website. To know more about it please read our Privacy Policy.
SECTION 2 - INTELLECTUAL PROPERTY AND AVAILABILITY OF SERVICES
All intellectual property rights related to the formation of the website such as the videos, source code, logos, words, design, pictures, layout, graphics, image, information, materials, documents (related to TERMS AND CONDITIONS (Keep Smiling Brand) the website), data, databases, and all other information and intellectual property accessible on or through our website is the property (through IP laws or licenses) of Keep Smiling Brand and is protected by USA’s and International intellectual property laws.
SECTION 3 - YOUR PRIVACY
We take the privacy of your Personal Information (defined in the Privacy Policy) seriously. We encourage you to carefully review our Privacy Policy for important disclosures about ways that we may collect, use, and share personal data and your choices.
SECTION 4 – PAYMENT POLICY
Whenever you shop from our website and use our services, it will be according to the rules and regulations. The customer must pay the price of the product as stipulated on the product before the order is processed and unless otherwise advertised all payments will be paid in full. The prices displayed on our website will be considered final and the customers are required to pay that price. The customers can select any of the payment methods provided by our website’s automatically implemented payment gateways. Mainly, these methods include:
a. PayPal
b. Stripe
c. Visa – Credit & Debit Cards
d. Master - Credit & Debit Cards
Disclaimer of Liability
While availing any of the payment methods offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following :
a. Lack of authorization for any transactions since all payments will be processed through relevant payment gateways.
b. Exceeding the preset limit mutually agreed upon by you and between your banks.
c. Any payment issues arising out of the transaction.
d. The decline of transactions for any other reasons.
SECTION 5 - PRICING
Prices displayed on our website are quoted in U.S. dollars. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the merchandise you have ordered, we will give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. Title to products you order on this
TERMS AND CONDITIONS (Keep Smiling Brand)
Page 3 of 5 website and risk of loss or damage to products, passes to you upon delivery, provided that we have received payment in full for the product.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We have the right to cancel, refuse or limit any order at any time without any reason. These restrictions may be at our sole discretion and may be placed under the same customer account, and on the orders, which have been using the same billing address. We will sharply take action if we have reason to believe that the orders are being placed by dealers, distributors, commercial sellers, and resellers. Any cancellations and refusals of orders will be notified by e-mail, by calling/texting, or by contacting through a mailing address. As an account holder and buyer, you have to provide complete, authentic, and complete information regarding your account.
SECTION 7 – PROHIBITION ON USERS/BUYERS/CUSTOMERS OF KEEP SMILING BRAND
At any time, our website reserves the right to ban or revoke access to our website by any user as well as initiate legal proceedings against such users based on circumstances. Users are prohibited to do the following:
a. Reproduce, duplicate, copy or resell any product of our website or any material available through our website, save and except to the extent expressly permitted by the owner of our website.
b. Engage in illegal activity.
c. Transmit material in breach of the law or breach of the terms set out herein.
d. You will not conduct any unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with, or market to anyone any goods, services, or business not authorized by us.
e. Conduct data mining via the use of additional software or via any other practice.
f. Submit content or comments that are fraudulent and/or are false or misleading.
g. Break or infringe any copyright, trademark, or any other intellectual property law in any way or manner that may harm now or in the future to our business.
h. Chargeback, the amount they’ve already paid, doing so will result in legal proceedings against such customer.
SECTION 8 – DISCLAIMER
The general information available on and through our website is presented for your information purposes only and should not be used to form any legal obligation. Any such act following any information provided on our website will be at the user’s own risk and the Keep Smiling Brand’s website the owner(s), the admins, associates, team members, consultants, staff, or anyone associated with our website will not be held liable to anyone for reliance on such information.
TERMS AND CONDITIONS (Keep Smiling Brand)
SECTION 9 - WAIVER OF LIABILITY
By using our website and purchasing any item/product you as a user, purchaser, customer, and visitor hereby waive, release, Keep Smiling Brand’s (website and company including all associates) discharge any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which you or your next of kin, heirs, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of usage from any product related to our website.
SECTION 10 - RELEASE OF CLAIMS AND INDEMNIFICATION
The buyer to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner, manufacturer, seller, distributor, affiliate, or anyone associated with our website, our business, from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in any activity related to installation, removal or usage of our website. If any such legal claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States or any other country, or under any theory of law or equity, the buyer will indemnify, hold harmless and defend the owner, manufacturer, seller, distributor, affiliate or anyone associated with our website from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against the owner, manufacturer, seller, distributor, affiliate or anyone associated with our website.
SECTION 11 - WAIVER OF LIABILITY
All purchases made on our website will be considered final. Make sure to select the correct item before you finalize any purchase. You hereby accept all the terms stated on our website. By using our website and purchasing any item/product you as a user, purchaser, customer, and visitor hereby waive, release, and forever discharge any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort-based, punitive, or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which you or your next of kin, heirs, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in any activity related to our website.
SECTION 12 - CHANGES
We reserve the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website and its services following the posting of any changes to these terms constitutes acceptance of those
TERMS AND CONDITIONS (Keep Smiling Brand)
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the rules of these Terms of Service.
SECTION 13 - CONTACT
If you have any comments, questions, feedback, or suggestions you can do so by contacting us at info@keepsmilingbrand.com