Terms & Conditions
Last updated March 18, 2010 Smartbox Experience INC
- Each Product pertaining to a specific theme contains one (1) gift card (“Gift Card”) and one (1) printed guide (the “Guide”). Service Providers and the services they provide to purchasers and beneficiaries in exchange for the Gift Card are listed in the Guide. Unless otherwise prohibited by law, we reserve the right to change any Products offered for sale, and the prices or specifications of any Products at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Smartbox website at www.smartbox.com (the “Website”) or by telephone.
- The Gift Card does not have any expiration date. In the case of loss, theft or destruction of the Gift Card, you will not be able to redeem the Gift Card in payment of any Service (defined below) nor claim any reimbursement, liability or indemnity of any kind from Smartbox, its agents, Service Providers or any resellers of Products. You may, however, exchange a Gift Card for a new edition of a Product or a Product of a different theme for a Product of equal value, subject to a $14.99 restocking, shipping and handling charge. A Smartbox Gift Card is not and cannot be used as a stored value card, credit card, credit line, debit card or deposit account.
- Redemption of Gift Card.
- A Gift Card may be transferred to and used by anyone who has reached the age of majority. A Gift Card may only be redeemed for services provided by participating Service Providers, inclusive of all applicable taxes (“Service” or “Services”). Participating Service Providers, merchants and retailers, denominations of Gift Card and locations of Service Providers, and Services are subject to change as set forth below. Redemption of a Gift Card is subject to availability, as well as to the terms, conditions and limitations set by the respective Service Provider as set forth below.
- Authentication of Gift Card.
- You must present your Gift Card to the Service Provider so that the Service Provider may verify its authenticity. Only the original Gift Card is a valid means of payment for Services, and photocopies or defective Gift Card (for example, a Gift Card on which the scratch box has been exposed) will not be accepted by Service Providers. If presented with an invalid Gift Card, Service Providers will refuse to provide you with the Services. For inquiries regarding the authenticity or validity of your Gift Card, contact Customer Service.
- Tips and Gratuities not Included.
- Your Gift Card does not include tips or gratuities for any Service Provider or Services.
- Transportation not Included.
- Your Gift Card does not include transportation to or from any Service Provider location.
- Validation of Order.
- Before accepting your order, we will validate your order and the credit card number you submitted to us. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.
- E-mail Confirmation.
- Once you complete your purchase, we will send you an order confirmation e-mail to the e-mail address you provide in your order form.
- Right not to Process your Order.
- We reserve the right not to process your order if the product becomes unavailable. If that happens, we will advise you that your order has been cancelled and will either not charge you or apply a credit to your credit card.
- We accept payment through Global Connect (which accepts credit card payments) and Paypal. Your credit card or Paypal account will be charged once we have received your order.
- We will use commercially reasonable efforts to deliver your Product within five (5) to seven (7) working days of your order (working day being Monday to Friday, except public holidays). International shipping may be arranged: by contacting Customer Service. We are not responsible for any delays caused by the delivery company.
- Number of Products per Shipment.
- There is no minimum or maximum Product order requirement. If you would like to order more than six (6) Products, please contact Customer Service.
- Damages or Losses Resulting from Delivery.
- You are responsible for checking to ensure that the Product is in a reasonably satisfactory condition when counter signing the receipt of delivery. Do not accept delivery if the Product is damaged or sign the delivery receipt stating that the package is damaged.
- Shipping Address.
- We can send the Product to you, directly to the recipient, or to another address at your request. Following delivery, risk of damage to or loss of the Product will pass to you. If the delivery company is unable to deliver the Product because of your unavailability or because of the inaccuracy of the contact details you have provided to us, any subsequent deliveries will be made at your cost.
- Special Arrangements.
- Special Arrangements.
Refunds and Exchanges.
- Return Process.
- Unless otherwise required by law, a Gift Card may not be returned or redeemed for cash, provided however, you may return the Product within thirty (30) days of purchase for a refund if you have not booked your Service with a Service Provider. Products must be returned with all content included and in good condition. All Product returns must be pre-approved. If you wish to return or exchange a Product, please contact Customer Service.
- You will be responsible for the payment of any shipping costs associated with any Product return. All authorized return Products purchased using the Website or by telephone must be returned to Customer Service.
- Purchase from a Retail Store.
- If the Product has been purchased from a retail store, a refund can only be obtained by returning the Product and all of its content, in good condition, to the place of purchase (except as otherwise agreed with the retail store) together with the corresponding receipt. These refunds will be subject to the store’s own terms and conditions.
Service Provider Services.
- Making a Reservation.
- You must make Your reservation for services directly with the Service Provider. You may be asked to provide non-public personal information, such as a credit card number, when making reservations with Service Providers, and we are not responsible for the Service Providers’ use of such service product personal information. Smartbox is not responsible for the privacy practices of Service Providers (even if they utilize Smartbox’s name or logos). We encourage you to be aware of this when you read the privacy policies of each and every Service Provider, as such policies may differ from ours.
- Service Provider Terms.
- The Services of Service Providers may be subject to certain terms, conditions and limitations. It is your responsibility to review a Service Provider’s terms, conditions and limitations to confirm that you meet their specific requirements for service and agree with any such Service Provider’s terms, conditions and limitations.
- Modifications and Cancellations.
- You are subject to the Service Provider’s service modification and cancellation policies, including the payment of cancellation fees, if any. Smartbox will not be responsible for any modification or cancellation fees.
- Substitution. of Service Provider or Service.
- Participating Service Providers, locations of Service Providers and/or the content of the services provided by Service Providers are subject to availability and are, at all times, subject to change for any reason. Service Provider information included in a Product is given by way of example only. For example, the pictures displayed in a Product are for illustration purposes only and do not necessarily represent or reflect the Services offered or provided.
- Providing Services.
- Service Providers are solely responsible for providing services. Smartbox, its agents and the resellers of Smartbox are not responsible for providing or performing any Services. You must deal directly with the Service Provider with regard to any problem or dispute that you may have with respect to its Services.
Service Providers are Independent Contractors.
- Service Providers are independent contractors, and are not agents, affiliates, or representatives of Smartbox. As a result, Smartbox will not be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages arising out of, or in any manner connected with the Services, acts, omissions or representations of Service Providers.
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SMARTBOX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SERVICE PROVIDERS, CO-BRANDERS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY THIRD PARTY.
Third Party References.
- References to third party goods or services do not imply Smartbox’s endorsement of those goods or services, and Smartbox disclaims all liability with regard to your access to and use of such material.
- Smartbox™ and Smartbox.com™ are trademarks/service marks owned or licensed by Smartbox. Unauthorized use of any Smartbox trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of Smartbox by the respective trademark owners.
Communications with Third Parties.
- Your dealings or communications with any party other than Smartbox are solely between you and that third party. Under no circumstances will Smartbox be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
Disclosure of Personal Information and Service Provider Content.
- Without limitation of any of the rights granted to Smartbox herein, you acknowledge and agree that Smartbox may preserve and disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce our rights; or (iii) protect the rights, property, or personal safety of Smartbox any individual or the public.
Disclaimer of Warranties.
- THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SMARTBOX MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE PRODUCT. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTBOX SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER SMARTBOX NOR ANY OF ITS PROVIDERS SHALL BE LIABLE FOR ANY ERRORS IN ANY INFORMATION SUPPLIED WITH THE PRODUCT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.
Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTBOX DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE PRODUCTS, EVEN IF SMARTBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SMARTBOX’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SMARTBOX.
Exclusions and Limitations.
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Dispute Resolution and Governing Law.
- Binding Arbitration.
- If you and Smartbox are unable to resolve any controversy or claim related to this Agreement (each a “Dispute”), both parties agree that, except for those Disputes expressly excluded below, such Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). For the convenience of the parties, the arbitration may be conducted in person, through the submission of documents or by phone. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
- You and Smartbox agree that any arbitration shall be limited to the Dispute between Smartbox and you individually. To the full extent permitted by law: (1) no arbitration shall be joined with any other; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Arbitration.
- You and Smartbox agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of Smartbox’s intellectual property rights; (2) any claim for injunctive relief; and (3) any attempt to collect a debt.
- Any arbitration will take place in New York, NY. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within New York, NY, and you and Smartbox hereby submit to the personal jurisdiction of that court.
- Governing Law.
- As otherwise provided for herein, this Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.
Questions and Customer Service.
- If you have any questions regarding this Agreement or a Product, or wish to report any issue relating to the service provided to you, please contact Customer Service by email at firstname.lastname@example.org or by phone at 888-846-7269. Customer service is provided by Smartbox Experience Inc., a company located at 303 George Street, Suite 103, New Brunswick, New Jersey 08901, USA.
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Smartbox’s failure to act with respect to any failure by you or others to comply with this Agreement does not waive Smartbox’s right to act with respect to subsequent or similar failures. This Agreement set forth the entire understanding and agreement between you and Smartbox with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or the Products must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
Copyright © 2010 Smartbox Experience Inc. All rights reserved.