This Agreement sets forth the legally binding terms and conditions governing the acquisition and use by you, the “Client”, of SMART KIDSCLUB (the “Service”).
1. GENERAL CONDITIONS
1.1 Smart KidsClub is an auto-renewing content subscription service that delivers electronic content to subscribers in the form of Android apps upon payment of a monthly, biweekly, weekly or daily fee.
1.1.1 The download and use of such content is unrestrained, there being no limit to the quantity of apps that a paying client is allowed to download, the sole restriction being the storage capacity of the client's mobile equipment.
1.2 All content downloaded from Smart KidsClub does not belong to Smart and is made available by third-party developers. For this reason, Smart assumes no responsibility for the apps, their integrity, functionality, or for any permissions granted by the client while accessing the content.
1.3 The client is hereby made aware that, for the download and use of the apps in Smart KidsClub, a mobile device is required, which must be compatible with Android technology, with Android version 2.3 or higher installed.
1.3.1 The client is hereby made aware that the use of Smart KidsClub and its content requires an Internet connection (wifi, GPRS, EDGE, 3G, 4G or other). Offline usage will be restricted to 5 (five) offline app openings.
1.4 The client hereby acknowledges and agrees that by subscribing to the service all charges and fees are due, regardless of the client's mobile equipment meeting any compatibility criteria upon subscription. No refunds will be issued by Smart based on the client's inaptitude to access the service due to lack of a compatible mobile equipment.
1.5 Internet access and any data traffic associated with the download and use of the service will be charged as appropriate by the client’s respective mobile network provider. Smart may at its sole discretion exempt the user from data traffic charges associated with the download of content, on a temporary basis, and the client acknowledges that this exemption may be terminated at any time.
1.6 To subscribe to the service the client must either be of legal age or be assisted as appropriate by his/her parents or legal guardians.
1.6.1 Whenever the service is accessed or purchased by minors, the responsibility for the access will lie with the bill payer for the respective mobile network provider, who will be assumed to have given permission to the minor to use of the service. Smart will not be held accountable for improper or unintended use of the apps or for the unintended acquisition of products. The legal guardian/contracting party is the sole responsible for the care and keeping of the mobile equipment required to use the service.
1.7 Smart will not be held accountable for the inaptitude of the client in connecting to the Internet, employing hardware equipment or software in the download and use of apps, or for the availability of any third-party or Internet links to the service. The client acknowledges that Smart gives no warranty or representation that the service will meet the client’s requirements or any objectives in particular.
1.8 Smart will not be held accountable for any form of advertising and/or for the content of banner ads, pop-up windows and any other advertising formats shown on websites and third-party apps made available through the service and its portals. The responsibility for such content lies solely on the advertiser or their legal representatives.
1.9 The client acknowledges that given the nature of such services, Smart cannot guarantee that the service will be uninterrupted or error-free.
1.10 Smart assumes no responsibility for any damage or loss incurred as a result of the client’s access to fake websites and portals that mimic the service’s pages and which are not governed by the present terms and conditions of use.
1.11 The client acknowledges that under no circumstances will Smart be held accountable for any damage or loss incurred as a result of:
(i) the client’s use or inability to use the service;
(ii) the sharing of personal information to social networks in association with the service;
(iii) unauthorized access to user data or data transmissions, or any adulterations of personal data as a result of unauthorized access;
(iv) acts and behavior of third-parties upon the service;
(v) force majeure or fortuitous event or any acts performed by the client.
1.12 Smart will not reimburse any amounts eventually charged to the client under the following claims:
(i) incompatibility between hardware and software elements employed by the client and the service;
(ii) the client’s mobile equipment not meeting the minimum requirements to run the apps;
(iii) misexpectations or errors attributable to the client;
(iv) the lack of observation by the client of any policies mentioned in the present terms and of any instructions available in the service’s portals and websites;
(v) acts of bad faith;
(vi) client’s withdrawal after the service has been granted.
1.13 Even where the client is apt to use the service it is his or her responsibility to act in conformity with the principles and in observance of the rules of the service, expressly as presented, without warranties or other conditions not explicitly stated in the present terms and conditions of use. The content made available through the service is determined at Smart’s discretion. All content is the sole responsibility of the content owner in regard to quality, precision, fidelity, reliability, information, opinion, declaration, warranties and advertising of any sort.
1.14 Smart will not be held accountable for any changes or withdrawals of apps or of content providers from the service and for any outcomes of these changes. The client acknowledges and agrees that such changes and withdrawals are inherent to the service.
1.14.1 Smart will apply reasonable efforts in obtaining similar apps to the ones withdrawn from the service.
2.1 Clients will be charged in the amount of 5 cents for every 1-day period or $1 for every 7-day period for as long as they remain subscribers, regardless of their use of the apps they are entitled to.
2.1.1 The service is not available to corporate subscribers.
2.2 Clients who subscribe to the service through a commercial partner of Smart will be billed to their monthly statements or charged against their prepaid credit balance in the full amount mentioned above in 2.1. Each charge may be split into consecutive months, consonant to the number of weeks in which the client was active in the service in each billing cycle.
2.2.1 Clients who remain with zero prepaid credit balance for a long period while they still have access to the service, in accordance with the present terms and conditions of use, may be charged in full or in part after topping-up their credit balance, consonant with the number of weeks in which they remained active in the service.
2.3 Additional charges may apply in accordance with applicable law.
2.4 Prices are subject to change without prior notice and may vary according to the purchasing channel. The client acknowledges that any prices that differ from the ones described in the present terms and conditions of use will be informed at the time of purchase.
3. PURCHASING CHANNELS
3.1 The client may subscribe to the service through the following channels:
(ii) Mobile website;
4. UNSUBSCRIPTION CHANNELS
4.1 The client may unsubscribe from the service through the following channels:
(i) In-app, by accessing the My Account section and clicking on Unsubscribe;
4.1.1 Upon cancellation, clients lose access to all previously installed apps from the service.
4.2 No termination fee is due upon cancellation. Regular subscription fees that are eventually due at the time of termination may still be charged to the client.
4.3 Until the client asks to be subscribed from the service through any of the above mentioned channels, the subscription will be automatically and continuously renewed.
4.4 Smart reserves the right to terminate the service without prior notice, at its sole discretion, in the event of misuse or fraudulent use of the service by the client, in which case no entitlement to compensation whatsoever exists.
5. INTELLECTUAL PROPERTY
5.1 All content is protected by intellectual property rights and other laws including but not limited to the Brazilian Civil Rights Code and Property Rights Law and is marketed through licensing agreements with their rightful owners.
5.2 By accessing the service and any mobile app from Smart and its partners the client agrees to observe and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to Smart and to any third party content licensor to Smart that is made available through the service. As a user you do not acquire any ownership rights over the content, including names, titles, words, phrases, logos, patents and trademarks, literary and other artistic works, that is or once was made available through the service.
5.3 You are granted a non-exclusive, non-transferable, revocable license to access and use the content strictly in accordance with the present terms and conditions of use. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the service.
5.4 Your use of the service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the protected content solely for your personal use, and will make no other use of the content without the express written permission of Smart and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Smart or our licensors except as expressly authorized by the present terms and conditions of use.
5.5 Smart is not responsible or liable for any disputes or disagreements between you and any third-party in connection with your use of the service. You assume all risk associated with dealing with these third parties, and you release Smart of all claims, demands, and damages in connection with these disputes.
6. FINAL PROVISIONS
6.1 Smart reserves the right to modify or change, at any given time and without any previous notice, the current terms and conditions of use.
6.2 Any omission or tolerance of Smart to demand strict compliance with the obligations or exercise any right arising out of this terms, shall not constitute novation or waiver nor affect their right to exercise it at any time.
6.3 If any provision of this instrument will be considered null, void, illegal or unenforceable by any court, such decision shall not affect the validity of the remaining provisions, which shall remain in force and effect.
6.4 Smart will have the final say on any issues not addressed in this agreement.
6.5 Each of the services provided by Smart through its websites and portals are subject to their own terms and conditions. By accessing or otherwise using the service the client acknowledges that it has read carefully all applicable terms and conditions, which form an integral part of the present terms.