Applicability. By purchasing the Smart Saver Application content (herein called “deals and offers”) offered by SMARTECH LLC, its subsidiaries and affiliates (herein collectively called the “Company,” “we” or “our”), you agree to be bound by these terms and conditions of sale (herein called “Terms of Sale”). We may, at our sole discretion, verify your identity prior to any payments being processed for any deals and offers made available on the Application. We may also decline to process, or accept payment, as reasonably deemed necessary, to be in compliance with applicable law or to respond to an incident of misrepresentation, fraud, money laundering, or known or potential violations of the law or these Terms of Sale. No refunds shall be due once your payment has been accepted.
Deals and Offers. The deals and offers provided on the Application are made available as they appear on the Application, by third parties. While we work to ensure that the information on the Application is correct, we cannot guarantee that the descriptions of the deals and offers are accurate or complete as the deals and offers are owned by third parties. We encourage you to read all information that accompanies the deals and offers before redeeming the deals or offers from the third parties. Unless stated otherwise in the deal or offer terms, all deals and offers are sold “as is”. You may redeem any deals or offers with such third parties subject to the terms and conditions inscribed on each deal or offer.
Payment – Payment for the deals and offers may be made using a debit or credit card via the payment gateway which will be provided through a webview on the Application. When you attempt to make payment for the deals and offers by clicking on the payment gateway, this constitutes an offer to buy the deals and offers on the Application. Your purchase is not complete until we provide you with confirmation that the transaction is complete. We reserve the right to reject your offer and not conclude a sale agreement with you.
Governing Law and Jurisdiction. These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Zambia, without giving effect to any choice or conflict of law provision or rule (whether of the Republic of Zambia or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the Republic of Zambia, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect. Orders, Pricing, Warranties and Other Information, Limitation on Liability, Limitation on Time to File Claims are not included in the Terms of Sale.