SmartImpress Inc. Terms of Service
Your service details, these terms of service and any schedules attached to these terms of service (“Schedules”), along with any amendments, all taken together form the entire contract (“Contract”) between you (“Customer” or “you”) and SmartImpress Inc.
You should review the entire Contract. All of the parts are important and together create a legal agreement that applies to you once you have accepted it.
SmartImpress relies upon your word that you have reached the legal age of majority and are authorized to enter into this Contract. To help you to understand your rights and obligations under this Contract, these terms of service are written in a question and answer format.
1.How do I accept my Contract with SmartImpress?
You accept this Contract on the earlier of the date: (a) you receive a copy of these terms of service; (b) installation has commenced; or (c) you access or use SmartImpress Services (see Section 2), unless otherwise determined by applicable laws. You understand and agree that you are bound by this Contract, now and in the future.
2. What is covered by this Contract?
This Contract is for SmartImpress Services. The “SmartImpress Services” or “Services” (as they will be called in this Contract) include the installation and provision of advertisement display Services
The SmartImpress Services include additional equipment owned by SmartImpress (including equipment rented from SmartImpress) (“SmartImpress Equipment”) that you may need to receive the SmartImpress Services, such as devices, receivers, remotes, SmartCards, modems, routers, Wi-Fi pods, accessories, hardware, software, networks, platforms, certain batteries, fixtures, installations and deployments and/or other products.
3. Can this Contract be transferred?
SmartImpress may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time. You may not transfer or assign this Contract, your account or the SmartImpress Service without SmartImpress’s prior written consent.
4. What if parts of this Contract become unenforceable?
If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and SmartImpress. Remember that even if SmartImpress does not enforce any part of this Contract for any period of time, the term still remains valid and SmartImpress can enforce it in the future.
5. Can SmartImpress make changes to this Contract?
Yes. SmartImpress may change the SmartImpress Services, and any term of the contract, including the fees If required, SmartImpress will give you notice of these changes in writing, at least 30 days before the effective date, using a reasonable method to bring it to your attention, such as by posting it on SmartImpress.com, by including it on or with your bill or by sending it to you by email. This notice will clearly identify the proposed change and the effective date. Also, as required by law, this notice will set out the new term, or amended term and the term as it read before. No other statements (written or verbal) will change or amend this Contract.
6. What if I want to refuse a change to this Contract made by SmartImpress?
If you want to refuse the change, your remedy is to cancel the impacted SmartImpress Service or the contract, you may cancel the contract by notifying SmartImpress up to 30 days after the effective date.
7. Can I make changes to my Services or to the terms of service that are in this Contract?
You may not make any changes to these terms of service.
8. How does SmartImpress protect my personal information?
SmartImpress’s commitment to privacy protection is found at our privacy policy statement. SmartImpress protects your personal information in a manner consistent with our Privacy Policy available at SmartImpress.com /privacy and applicable laws. By entering into this Contract, you agree that SmartImpress may share your information with our partnering businesses as they exist over time
9. How can I be sure that SmartImpress has accurate contact information for my account?
You are responsible for keeping the contact and payment information you provide to SmartImpress (including name, mailing address, email address, address where the SmartImpress Services will be provided to you (“Service Address”), phone number, and any authorized users) up to date. If this Contract is cancelled, you will provide SmartImpress with forwarding information for final bills or correspondence if your new contact information is different from the information we have on file. contact us to confirm that the information we have on file is correct. If you do not provide an accurate forwarding address you may forfeit any outstanding credits or deposits on your account.
10. How long is my Contract for my SmartImpress Services?
They can cancel the advertisements at any time. There is no set period to use SmartImpress advertisement sharing services for an advertiser unless there is an explicit contract signed to place ads for a period of length. Generally customers get a significantly discounted price when they enter into such longer period contracts, like you and SmartImpress agree to a contract term of greater than one month (for example, 12 months) (a “Fixed Term”) for particular SmartImpress Services. At the end of any Fixed Term, SmartImpress will continue to provide the SmartImpress Services to you without a set period, unless you cancel the applicable SmartImpress Services.
11. How do I help protect my SmartImpress account?
You are responsible for the protection of your account(s) and password(s) and for all use of your account, the SmartImpress Services and SmartImpress Equipment by yourself and other users (authorized or not). You must also protect your computer systems, software, and the Equipment from theft, unauthorized use and system corruption. You are responsible to back up and safeguard your data, including your email and voicemail messages. SmartImpress may delete your data if the SmartImpress Service is cancelled, or if you fail to access it within a certain period of time (as determined by SmartImpress).
12. Do I need to do anything to help SmartImpress provide Services to me?
Where required, you shall: (a) appoint SmartImpress
to act as your agent solely to ensure SmartImpress can provide you with the requested SmartImpress Services, including (if necessary) cancelling services with your current service provider(s) and ensuring SmartImpress’s right to access and use the inside wiring at
your Service Address; and (b) provide SmartImpress (including our third-party agents or contractors) access to your property or premises for installation, maintenance and related purposes, as more particularly described in these terms of service.
SmartImpress is not responsible for the state or condition of existing wiring or Your Equipment and may require repairs or modifications in order to install SmartImpress Services.
13. What if I am experiencing technical issues with the SmartImpress Services?
Please contact SmartImpress for technical support. When providing you with technical support, you agree that SmartImpress (including third-party service providers who may be located outside of Canada) may access, take control of the Equipment by remote control, including the installation and, where applicable, de-installation of certain software.
14. Am I responsible for the content that I provide in connection with SmartImpress Services?
SmartImpress assumes that you own any content you post, upload, store, transmit or communicate to others using the SmartImpress Services, including data, documents, videos, music, photos, etc. or that you have the necessary rights to use it. You are responsible for this content. SmartImpress is not responsible for the unauthorized use or distribution of this content (including third-party content).
15. Can SmartImpress use my content?
To provide SmartImpress Services, SmartImpress may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the SmartImpress Services, you waive your moral rights and you authorize SmartImpress to perform these activities in relation to your content anywhere in the world, solely as required for SmartImpress to provide you the SmartImpress Services. You acknowledge that SmartImpress may store your content so you can access such content, but that if you fail to access such content within a certain period of time (as determined by SmartImpress), or if the applicable SmartImpress Service is cancelled, SmartImpress may delete such content without notice to you.
16. Who is responsible for the Equipment if I need to use the SmartImpress Services?
You are responsible for the equipment, devices and systems you own, for example, your computer, TV, streaming device (“Your Equipment”) and any SmartImpress Equipment you use with the SmartImpress Services (together, “Equipment”) and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any SmartImpress Equipment and maintain it in good working condition following the manufacturer’s recommendations (“Good Condition”). SmartImpress may replace, upgrade or modify the SmartImpress Equipment required for the use of SmartImpress Services, migrate your SmartImpress Services to other networks or platforms, or change its suppliers.
17. How is the Equipment installed?
All SmartImpress Equipment must be installed and activated by SmartImpress at the Service Address, unless SmartImpress makes a self-installation option available . If you choose any self-installation option, you are responsible for and assume all risks and liability associated with installation and use, including any deviation from any recommendation provided by SmartImpress on the set-up and use of the Equipment. SmartImpress’s installation of Equipment may be subject to installation charges. You are solely responsible for any damages to the property associated with installation of the SmartImpress devices.
18. Does SmartImpress provide software updates?
You agree to SmartImpress installing, modifying or removing SmartImpress (or other) software on your Equipment to the extent such downloads are reasonably necessary for the continued efficient operation of your SmartImpress Services. For example, without additional notice SmartImpress may update or upgrade, modify or remove the software to ensure it remains compatible with and functions properly with any technological improvements to the SmartImpress Services. These installs, modifications, updates or removals may be required for you to continue receiving the Services.
19. Can I move the Equipment once it is installed?
Unless SmartImpress tells you otherwise, you must not use, alter or disturb any Equipment or the inside wiring in any way that might impact the provision of SmartImpress Services. Remember that additional Fees may apply if any repair or restoration is required unless SmartImpress tells you otherwise.
20. What are my Equipment options?
You may be able to purchase equipment from SmartImpress that is needed to receive the SmartImpress Services. You may also be able to rent the SmartImpress Equipment needed to receive the SmartImpress Services. Rented SmartImpress Equipment will remain the property of SmartImpress, unless you exercise an option to purchase the SmartImpress Equipment.
SmartImpress may, in its discretion and at any time, replace any part of the SmartImpress Equipment with new or refurbished equipment of comparable functionality.
21. What happens if SmartImpress Equipment is lost, stolen or damaged?
If you rent SmartImpress Equipment, the risk of loss, theft or damage passes to you upon the earlier of (i) you taking possession of the SmartImpress Equipment; or (ii) the completion of the installation by SmartImpress of the SmartImpress Equipment. You are responsible for replacing SmartImpress Equipment at your own cost and for all Fees incurred as a consequence of its loss, theft, destruction or damage. To the extent permitted by applicable law, SmartImpress may, in its discretion, enter onto your property and inspect, maintain, repair, relocate or replace any SmartImpress Equipment as needed.
22. When do I return SmartImpress Equipment?
You will follow SmartImpress’s instructions regarding the return to SmartImpress of all SmartImpress Equipment, which must be returned in Good Condition (reasonable and normal wear and tear excepted) within 30 days from (i) the cancellation (by you or SmartImpress) of the applicable SmartImpress Service or this Contract; or (ii) upon SmartImpress’s
request.
23. What happens if I don’t return SmartImpress Equipment or return it damaged?
To the extent permitted by applicable law, if you fail to return any of the SmartImpress Equipment as required by SmartImpress in Good Condition within 30 days, SmartImpress may charge you the SmartImpress Equipment non-return fees as set out in Schedule A, plus applicable taxes.
24. What happens to the SmartImpress Equipment when it is no longer useful?
Upon cancellation, or at the end of the SmartImpress Equipment’s expected useful life (as determined by SmartImpress), SmartImpress may (i) attend at your Service Address to remove the SmartImpress Equipment (in whole or in part) subject to a removal fee, in which case you will obtain and grant, at your cost, all approvals necessary for SmartImpress to attend at your Service Address for de-installation and removal of SmartImpress Equipment; (ii) abandon and leave the SmartImpress Equipment (in whole or in part) at your Service Address; or (iii) request that you return the SmartImpress Equipment as set out above.
25. Are there any warranties on the SmartImpress Services?
To the extent permitted by applicable law, SmartImpress makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any SmartImpress Services. SmartImpress assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any SmartImpress Services (including any service outage), even where such unavailability occurs after installation of the SmartImpress Services.
26. Are there any warranties on Equipment that I purchase from SmartImpress?
To the extent permitted by applicable law and unless otherwise expressly provided for by SmartImpress in writing, SmartImpress makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to Equipment that you purchase, or otherwise acquire title to and ownership of, from SmartImpress. Your Equipment may have a manufacturer’s warranty. Please review any manufacturer’s warranty to understand what protection it offers and how long it lasts.
27. How does SmartImpress limit its liability?
To the extent permitted by applicable law, SmartImpress's liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $20 or an amount equal to the service fees payable during any service outage. Other than the foregoing payment and to the extent permitted by applicable law, SmartImpress is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages.
28. Are there any circumstances when SmartImpress has no liability at all?
In addition to the circumstances described elsewhere in this Contract where SmartImpress has already stated it is not responsible for any claims, losses, damages or expenses, to the extent permitted by applicable law, SmartImpress is not responsible for any claims, losses, damages or expenses relating to: (a) its entry onto your property to inspect, maintain, repair, relocate or replace any SmartImpress Equipment;
29. Are there any warranties on Equipment that I purchase from SmartImpress?
Unless otherwise expressly provided for by SmartImpress in writing, SmartImpress makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to Equipment that you purchase, or otherwise acquire title to and ownership of, from SmartImpress. Your Equipment may have a manufacturer’s warranty. Please review any manufacturer’s warranty to understand what protection it offers and how long it lasts. Check the materials provided with Your Equipment for any applicable warranty (please note, if you purchase a battery from SmartImpress, you can also visit SmartImpress.ca/battery for any applicable warranty).
30. What charges am I responsible for when my SmartImpress Services end?
To the extent permitted by applicable law, if you cancel a SmartImpress Service that is subject to a Fixed Term prior to its expiration date, then you must pay SmartImpress the cancellation charge applicable to that Service set out in Schedule A (“Cancellation Charge”), plus applicable taxes. The Cancellation Charge is not a penalty; it is an estimate of damages suffered by SmartImpress as a result of your early cancellation of SmartImpress Services.
31. What happens if I cancel my SmartImpress Services prior to activation?
To the extent permitted by applicable law, if you cancel your order prior to activation of any SmartImpress Service you may be charged a cancellation fee, plus applicable taxes, representing an estimate of damages suffered by SmartImpress as a result of your failure to activate the SmartImpress Service.
32. Can SmartImpress suspend or cancel SmartImpress Services?
Yes, at any time SmartImpress can, without notice and for cause, suspend or cancel SmartImpress Services in whole or in part or disable SmartImpress Equipment.
33. Can SmartImpress cancel my SmartImpress Service or my Contract?
Yes. To the extent permitted by applicable law, SmartImpress can cancel any SmartImpress Service or this Contract upon a minimum of 30 days’ prior written notice to you, including where SmartImpress ceases to offer a SmartImpress Service to which you subscribe.
34. Does any part of this Contract continue after cancellation of SmartImpress Services?
Yes. Rights and obligations which by their nature continue beyond cancellation will continue to survive and remain in effect even after the applicable SmartImpress Service or Contract has been cancelled.
35. How do I contact SmartImpress Client Care?
If you have any questions or concerns about your SmartImpress Services or your Contract, we’d be happy to help. You can directly contact your customer service manager at SmartImpress. You can also contact directly and the contact information can be found at www.smartimpress.com You can also contact and create tickets through SmartImpress portal.
SCHEDULE B: RESPONSIBLE USE OF SMARTIMPRESS SERVICES
Are there any rules regarding my use of SmartImpress Services?
Yes. Abuse or misuse of SmartImpress Services or the SmartImpress network impacts every customer of SmartImpress and is something SmartImpress takes very seriously – and which could result in the cancellation of your Contract with SmartImpress , or lead to criminal or civil charges. Remember that SmartImpress
Services include SmartImpress Equipment. SmartImpress may modify, remove or disable the software used in Your Equipment so that Your Equipment no longer works or immediately suspend, restrict, change or cancel all or part of your SmartImpress Services or take other necessary protective measures if SmartImpress has reasonable grounds to believe there is a breach of any of these
provisions (by any user, authorized or not). For example, you are prohibited from:
a) using, enabling, facilitating, or permitting the use of any SmartImpress Service for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with SmartImpress’s operations (including preventing a fair and proportionate use by others);
b) installing, using or permitting the use of any SmartImpress Services without reading and accepting (or in contravention of) the terms of any separate license agreement or terms of use provided to you by SmartImpress for the use of software, content (including Programming) and/or documentation (as applicable) in connection with the SmartImpress Services;
c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing.
SmartImpress may: (i) filter any email determined by SmartImpress to be spam from your in-box to an anti-spam folder and delete this email; and (ii) set a limit on the number of messages a Customer may send or receive through email;
d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child exploitation or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks, registration and any other anti-theft mechanisms) or in the fraudulent use of services;
e) using any SmartImpress Service for anything other than private, personal, family or household use (such as reselling,
remarketing, transferring, sharing or receiving any charge or other benefit for the use of any SmartImpress Service);
f) attempting to receive any SmartImpress Service without paying the applicable Fees, modifying or disassembling SmartImpress Equipment, changing any identifier issued by SmartImpress or a SmartImpress company, attempting to bypass SmartImpress’s network, or rearranging, disconnecting, removing, repairing or otherwise interfering with SmartImpress Services, SmartImpress Equipment or SmartImpress’s facilities;
g) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with SmartImpress Services (whether owned by or used under licence to SmartImpress) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through SmartImpress Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through SmartImpress Services;
h) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at SmartImpress employees, suppliers, agents and representatives.