Prior to agreeing to these terms, please feel free to reach out to Smartbills to clarify any questions or request any changes you may require. Smartbills will consider any requests for amendments and respond as soon as reasonably practicable.
Last updated: October 14th 2024
These terms outline the terms of deployment and use of the Smartbills solution into the Merchant's store network. Please read these terms carefully, as they impose obligations, liabilities and other responsibilities on you in respect of your use of the Services.
Unless the context requires otherwise, capitalised terms used in this Agreement have the meanings given to them in section 21.
These terms form an agreement between the company on behalf of whom these terms are accepted (Merchant) and Smartbills Technologies Inc. (Smartbills).
By registering as a merchant in Smartbills's platform and agreeing to be bound by and abide by these terms, Merchant enters into a binding agreement with Smartbills and agrees to the terms and conditions outlined. If the company does not accept these terms, you must not register as a Smartbills merchant on behalf of that company.
This Agreement commences on the date accepted by Merchant (Start Date) and continues until terminated by either party in accordance with this Agreement (Term).
Merchant: must not edit or change any Merchant Material required to provide the Services or prevent such Merchant Material from being sent to Merchant’s POS provider; and acknowledges that if Merchant edits or changes Merchant Material required to provide the Services, or prevents such Merchant Material from being sent to Merchant’s POS provider, Smartbills may not be able to provide the Services.
Each party must provide marketing support and services to the other party as agreed in writing between the parties.
Each party must at all times and at its own cost comply with all applicable Laws.
If applicable, Smartbills will invoice Merchant for the Merchant Fees on a monthly basis in arears, on either the first or sixteenth day of the month (at Smartbills's sole discretion).
Merchant must pay to Smartbills the Merchant Fees within 30 days of the date of each invoice issued by Smartbills under paragraph (a).
Smartbills reserves the right to review and change the Merchant Fees at any time by giving at least 30 days’ notice to Merchant.
If Merchant does not accept any change to the Merchant Fees, Merchant may, by notice in writing to Smartbills within 10 days of receipt of notice of a change in Merchant Fees, terminate this Agreement with effect from the date on which the updated Merchant Fees are due to take effect.
In this section 9, a word or expression defined in the Excise Tax Act (RSC 1985, c 28, 1st Supp) or the Quebec Sales Tax Act (CQLR c T-0.1) has the meaning given to it in the respective Act.
Any consideration to be paid or provided for a supply made under or in connection with this Agreement, unless specifically described in this Agreement as inclusive of GST/QST, does not include any amount on account of GST or QST.
Despite any other provision in this Agreement, if a party (the "Supplier") makes a supply under or in connection with this Agreement that is subject to GST or QST (not being a supply for which the consideration is specifically described as inclusive of such taxes), the consideration payable for that supply (the "GST/QST Exclusive Consideration") is increased by, and the recipient of the supply must also pay to the Supplier, an amount equal to the total of GST and QST payable by the Supplier on that supply.
If a payment to a party under this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost, or expense incurred by that party, then the payment will be reduced by the amount of any input tax credit to which that party is entitled for that loss, cost, or expense, including any applicable GST and QST.
Smartbills agrees that Merchant or its third-party licensors will retain all rights, title and interest (including all Intellectual Property Rights) in and to the Merchant Material.
Merchant grants to Smartbills a non-exclusive, royalty-free licence (including the right to sub-license) to use Merchant's name, logo, other branding and details of Merchant's website in Smartbills and Smartbills's partners’ marketing collateral (including posts on website and social media channels) during the Term and for a reasonable period of time after the end of the Term to allow Smartbills time to cease such use.
Merchant grants to Smartbills a non-exclusive, royalty-free, perpetual licence (including the right to sub-license) to use Merchant Material (including the Merchant Receipt Information and the Merchant Material contemplated by paragraph (b)), without attribution and without charge, for the purposes of:
Merchant grants to Smartbills a non-exclusive, royalty-free, perpetual licence (including the right to sub-license) to use the Merchant Receipt Information for Smartbills’s business purposes, including:
Merchant must obtain any third party consents or licences (including consents from individuals to whom receipts will be sent) as necessary to enable Smartbills to use the Merchant Material in accordance with paragraphs (b), (c) and (d).
Smartbills will retain all Intellectual Property Rights in the Smartbills platform, service and all Material delivered to Merchant under this Agreement (Smartbills IPR).
To the extent that Merchant needs to use any Smartbills IPR to receive the benefit of the Services or Deliverables, Smartbills grants to Merchant a fully paid-up, non-transferable, non-exclusive licence (without a right to sub-license) to use that Smartbills IPR during the Term.
Merchant represents and warrants that the Merchant Material shared with Smartbills for the purposes of Smartbills providing the Services is accurate and complete.
Smartbills may, at its discretion, provide Merchant with marketing collateral to be used in store. If Smartbills provides such collateral to Merchant, Merchant must (acting reasonably) display this marketing collateral in store as soon as practicable.
may use Confidential Information of the Disclosing Party only for the purposes of this Agreement;
for disclosures permitted under this section 13; and to the extent (if any) the Receiving Party is required to disclose any Confidential Information by Law or the rules of any recognised stock exchange (provided that if practicable, the Receiving Party gives the Disclosing Party prior written notice of such requirement and an opportunity to seek confidential treatment of the information).
A Receiving Party may disclose Confidential Information of the Disclosing Party to its officers, directors, employees, contractors and advisors who: have a need to know for the purposes of this Agreement (and only to the extent that each has a need to know); and before disclosure have been directed by the Receiving Party to keep confidential all Confidential Information of the Disclosing Party.
If the parties have executed a Mutual Non-Disclosure Agreement or Confidentiality Agreement (MNDA) prior to the date of this Agreement, all confidential information (or equivalent) under the MNDA will constitute the relevant party's Confidential Information under this Agreement.
Smartbills will process and use all personal information in accordance with Smartbills's Privacy Policy (where applicable) and section 10.1. To the extent there is any inconsistency between Smartbills’s Privacy Policy and section 10.1, section 10.1 will prevail. Further information about how Smartbills handles personal information can be found in Smartbills's Privacy Policy. Smartbills's Privacy Policy also describes the information Smartbills holds about users of Smartbills's services, permitted access and use of data by third parties, as well as information on how to complain about how Smartbills has handled personal information.
Merchant acknowledges and agrees that:
in the event that Merchant provides sensitive information to Smartbills as part of the Merchant Material, Smartbills will not be:
Merchant indemnifies Smartbills and its Personnel (those indemnified), and will hold those indemnified harmless, against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability that they may sustain or incur, directly or indirectly, as a result or as a consequence of:
In this section 16, "Consumer Protection Legislation" refers to applicable consumer protection laws in Canada, including the Competition Act (RSC 1970, c C-34) and the Consumer Protection Act (CQLR c P-40.1) of Quebec, as amended or replaced from time to time.
To the extent that the Merchant acquires goods or services from Smartbills as a consumer within the meaning of the Consumer Protection Legislation, the Merchant may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted, or modified by agreement.
Nothing in this section 16 operates to exclude, restrict, or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Consumer Protection Legislation or any other statute where doing so would:
Except in relation to Non-Excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities, or other terms that may be implied by custom, under the general law, or by statute are expressly excluded under this Agreement.
Except in relation to Non-Excludable Obligations, Smartbills’s liability to the Merchant arising directly or indirectly under or in connection with this Agreement, or the performance or non-performance of this Agreement, whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, is limited as follows:
Smartbills will have no liability whatsoever to the Merchant for any loss, harm, damage, cost, or expense (including legal fees), or in the nature of special, indirect, or consequential loss or damage (including, without limitation, economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, or loss of data); and the aggregate of Smartbills's liability to the Merchant is otherwise limited to an amount not exceeding the Merchant Fees paid by the Merchant under this Agreement in the 12 months immediately preceding the claim.
In relation to Non-Excludable Obligations (other than a guarantee as to title, encumbrances, or quiet possession conferred by Consumer Protection Legislation), except for goods or services of a kind ordinarily acquired for personal, domestic, or household use or consumption (in respect of which Smartbills's liability is not limited under this Agreement), Smartbills's liability to the Merchant for a failure to comply with any Non-Excludable Obligation is limited to:
Either party may terminate this Agreement by giving the other party at least 30 days’ notice.
On expiry or termination of this Agreement for any reason: Smartbills must cease providing the Services;
Merchant must pay Smartbills for those Services that have been rendered by Smartbills up to the effective date of termination; and except to the extent that Smartbills has a perpetual licence to use any Confidential Information of Merchant, each Receiving Party must, at the Disclosing Party's direction, either return to the Disclosing Party, or destroy and certify in writing to the Disclosing Party the destruction of, all Confidential Information in the Disclosing Party (or its Personnel's) possession or control. Termination of this Agreement does not affect any accrued rights or remedies of either party.
The parties must attempt to resolve any dispute, difference of opinion or question arising out of this Agreement (Dispute) by referring the Dispute to suitable representatives and engaging in good faith negotiations.
If the parties cannot resolve the Dispute under section 18.1 within 30 days (or such longer period as agreed between the parties) after the Dispute is referred to them, then either party may seek any relief it considers appropriate in a court of competent jurisdiction.
If a party breaches this section 18 in relation to a Dispute, the other party need not comply with this section 18 in relation to that Dispute.
The parties must continue to perform their respective obligations under this Agreement pending the resolution of a Dispute.
Where a party is required to give another party a notice, demand, consent, approval, or communication under this Agreement (a "Notice"), such Notice must be given either by hand delivery, prepaid post, email, or, in the case of Smartbills issuing a Notice, through the Smartbills platform to the recipient's address for Notices (for Smartbills, the address specified above, and for the Merchant, the address specified in the Merchant's Smartbills platform account).
A Notice given in accordance with section 19.1 takes effect when it is deemed received (or at a later time specified in it) and is deemed received:
All monetary amounts specified or described in this Agreement are in Canadian dollars (CAD) unless expressly stated otherwise.
This Agreement may be amended by Smartbills by providing at least 30 days’ notice to the Merchant. If the Merchant does not accept the proposed changes, the Merchant may, by written notice to Smartbills within 10 days of receiving notice of the changes, terminate this Agreement effective on the date the amended terms are to take effect.
Neither party may assign any of its rights or novate any of its obligations under this Agreement to a third party without the prior written consent of the other party (which shall not be unreasonably withheld or delayed). However, Smartbills may transfer some or all of its rights and obligations under this Agreement to any successor of its business by merger or consolidation or to any party acquiring substantially all of the assets or business of Smartbills or any related entity.
Neither party may make any public statement or press release regarding the terms of this Agreement or any aspect of this Agreement without the prior written consent of the other party.
Any provision that is intended to survive termination of this Agreement shall survive such termination, including sections 10, 13, 14, 15, 16, 17.2, 18, 19, and this section 20.
The parties agree that this Agreement may be executed electronically, including by checking an online acceptance box or otherwise indicating acceptance through the Smartbills website or platform. By accepting this Agreement on behalf of a party, the accepting individual warrants that they are duly authorized to do so.
A provision or part of a provision of this Agreement that is illegal or unenforceable may be severed from this Agreement, and the remaining provisions shall continue in force. A waiver of a right, power, or remedy must be in writing and signed by the party giving the waiver and does not operate as a waiver of any other or subsequent right, power, or remedy.
Except where this Agreement expressly states otherwise, it does not create a relationship of employment, trust, agency, or partnership between the parties. This Agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Quebec, while acknowledging that the Agreement may be subject to relevant federal laws applicable across Canada.
This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties regarding its subject matter.
In these terms: Agreement means an agreement formed between Smartbills and a Merchant on these terms.
Business Day means a day that is not a Saturday, Sunday, bank holiday or public holiday in Montréal, Québec, Canada.
Confidential Information of a Disclosing Party means:
the following information, regardless of its form and whether the Receiving Party becomes aware of it before or after the date of this Agreement:
Merchant Material means any:
Network Rules means the network rules that outline the obligations of Smartbills and each merchant and issuing financial institution that participates in the ‘Smartbills Network’, as those rules are amended from time to time under section 7(d).
Receiving Party means the party who obtains Confidential Information of the other party.
Services means the delivery of a digital receipt with returns and warranty features and rich product purchase information to the Merchant’s customers via bank app.
Smartbills IPR is defined in section 10.2(a).
Smartbills Policies means:
The Smartbills Application (the App), is provided by Smartbills Technologies inc. (Smartbills, we, us or our). The App hosts various functionalities, including the loyalty program where merchant- specific loyalty programs (Merchant Loyalty Programs) are made available to customers, allowing you to accrue loyalty points at various merchants using the App (Smartbills Loyalty Program).
This document sets out the terms and conditions applicable to a customer’s (you, your) use of the Smartbills Loyalty Program (Terms). These Terms, in conjunction with the Smartbills Privacy Policy, govern your use of and access to the Smartbills Loyalty Program.
By accessing the web app at https://app.smartbills.io, any other domain related to the Smartbills web application, by downloading the App or accessing and using the Smartbills Loyalty Program, you agree to be bound by these Terms, as updated from time to time. If you do not accept these Terms, you must immediately cease all use of the Smartbills App and uninstall the App from your mobile device.
In order to access and fully utilise the Smartbills Loyalty Program, you will need to be a Smartbills member. To register as a member, you will need to complete the registration process submitting your first and last name, email address, and telephone number.
The Smartbills Loyalty Program is available to any person who has:
(a) a registered Canadian or United States of America mobile phone number; and
(b) a mobile device capable of accessing the internet (Device).
Once you are registered, your mobile phone number and email are your unique ID used to access your Smartbills membership.
Upon signing up to a merchant loyalty program, you will be allocated a LoyaltyID by the merchant which is your unique identification code for the relevant Merchant Loyalty program. Your LoyaltyID is personal to you, and should not be shared with anyone else.
The services and features you can access and use in the App may differ depending on the type of device you are using, the features released, and the version of the App you are using, and may change from time to time without notice to you. If we release a new version or update the App, we may require that you download or update to the new version before you can continue to access and use the App or the Smartbills Loyalty Program.
Once you are registered as a Smartbills Loyalty Program member, you will be able to select and register to become a member of the loyalty programs offered by our merchants through the Smartbills Loyalty Program - we refer to these as the Merchant Loyalty Programs. You will need to complete the registration process and agree to the terms and conditions of service of each Merchant Loyalty Program (Merchant Loyalty Program Terms) that you join using the Loyalty Program.
The merchant determines the Merchant Loyalty Program Terms applicable to participation in the relevant Merchant Loyalty Program. These Merchant Loyalty Program Terms will be made available to you prior to joining the relevant Merchant Loyalty Program.
When you make eligible purchases with the merchant, you will be entitled to accrue loyalty points in the relevant Merchant Loyalty Program in accordance with the Merchant Loyalty Program Terms. In order to accrue the loyalty points and benefits in the relevant Merchant Loyalty Program, you will need to scan your LoyaltyID at the time of making a purchase with the relevant merchant. If your LoyaltyID is not scanned at the time of the purchase, the loyalty points and benefits will not be able to be added to your account in the relevant Merchant Loyalty Program.
Once you become a member of a Merchant Loyalty Program, you will be entitled to accrue the following loyalty benefits using the App (subject to availability of such offers within the relevant Merchant Loyalty Program):
These are regular discounts and offers available to you. No specific action is required by you to activate these discounts and offers beyond identifying your LoyaltyID at the time of purchase.
At times, merchants will run an offer on a specific product or category of products. These offers are available for set time periods specified in the App. No specific action is required by you to activate these offers beyond identifying your LoyaltyID at the time of purchase of the eligible product at the relevant merchant.
At times, merchants will run points boosters where you can collect additional points per dollar spent on specific products at specific merchants. Boosted offers are available to members during a limited period (specified within the App for the relevant offer). In order to collect the additional points, you must activate the boosted offer within the App prior to purchase and identify your LoyaltyID at the time of purchase of the eligible products at the relevant merchant.
Each merchant determines the rate and way loyalty points and other benefits may be earned in its Merchant Loyalty Program. Each merchant also determines which of the offers outlined above, and for how long such offers, are made available to members of the relevant Merchant Loyalty Program.
Each merchant may revise the value of loyalty points in accordance with the applicable Merchant Loyalty Program Terms. We will add and deduct loyalty points/ benefits for the relevant Merchant Loyalty Program as advised by the merchant.
Each loyalty offer will be displayed within the Loyalty Program functionality within the App. You will need to comply with the rules displayed above, or within the App in order to be eligible to earn the relevant loyalty points or benefit.
If you make a purchase and earn points and then subsequently return the purchase for a refund, the points you earned in connection with the purchase may be deducted from your member account. This will be dependent on the rules specified in the relevant Merchant Loyalty Program Terms. We will deduct loyalty points/ benefits for the relevant Merchant Loyalty Program as advised by the merchant. This may result in a negative points balance within the relevant Merchant Loyalty Program.
Redemption
Once you have accrued the requisite number of points to earn a voucher, a voucher will be automatically generated and added to your account. You will receive a push notification from the App to let you know you have earned a voucher (subject to you having consented to receive push notifications from the App).
Once you receive your voucher, you must enter the voucher details and/or scan the voucher barcode at the time of purchase at the relevant merchant, in order to redeem the voucher value.
The merchant is responsible for redemption of the loyalty points and vouchers. Smartbills is not responsible for and will not be liable for any redemption of loyalty points or vouchers, or the failure to honour the redemption of loyalty points or vouchers.
Vouchers will specify the applicable expiry date of the voucher. The terms applicable to the redemption of any vouchers will be specified in the Merchant Loyalty Program Terms. Merchants will not redeem vouchers after the date of expiry of the relevant voucher.
We are committed to ensuring your privacy is protected. The current version of our privacy policy, as updated from time to time, is available on our website at: https://smartbills.io/legal/privacy-policy
We use the personal information that you have provided as part of your member registration to manage and administer your account. We may share this information with our service providers who assist us to manage the Smartbills Loyalty Program.
When registering as a member of the Smartbills Loyalty Program, you also agree to us sending you electronic marketing communications. You will be able to elect how we communicate with you (ie by email and SMS) in relation to our products and services that we think may be of interest to you, including in relation to the merchants and Merchant Loyalty Programs available in the Smartbills Loyalty Program. We may also communicate in relation to other products and services we offer in addition to the Smartbills Loyalty Program.
By signing up to a Merchant Loyalty Program, you agree to the merchant sending you electronic marketing communications by email and SMS in relation to its products and services. These communications will be subject to the Merchant Loyalty Program Terms and the merchant’s privacy policy.
When you sign up for the App, you will need to choose a password. We encourage you to use a complex password (for example, one that includes a combination of words, numbers and symbols).
You are responsible for maintaining the confidentiality of your login details. You must take all reasonable precautions to keep your password confidential, including not disclosing your password to anyone else.
You must not do anything that could threaten the integrity or security of the App. Without limitation, you must not seek to transmit, distribute or introduce any virus or other malware to the App or hack or disable any part of the App to corrupt data, send spam, unsolicited advertising or promotional material or attempt to affect the operation or functionality of the App.
We do not charge you any fees for downloading and using the Smartbills Loyalty Program.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use on a compatible device.
Smartbills is the owner of or the licensee of all intellectual property rights in the App. These works are protected by copyright and other laws.
You must not, when using the App:
With respect to any idea, know-how, concept, technique, invention, discovery or improvement, whether or not patentable, expressed or given to us, you grant to us the right to to use, manufacture and market any such product or service without restriction or obligation.
Each merchant is responsible for their own Merchant Loyalty Program. Smartbills is an aggregator of the Merchant Loyalty Programs offered by individual merchants. Smartbills has no responsibility or liability for the operation or conduct of the Merchant Loyalty Programs or the earning or redemption of loyalty points or benefits within the individual Merchant Loyalty Programs, except as set out in these Terms.
To the maximum extent permitted by applicable law, Smartbills excludes all liability arising in connection with the Smartbills Loyalty Program and any act or omission of the merchants in connection with the Merchant Loyalty Programs.
To the maximum extent permitted by applicable law, the Smartbills Loyalty Program and all Merchant Loyalty Program -related documentation and technical support are provided by Smartbills “as is” and “as available”. Smartbills makes no warranties of any kind either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.
The App may contain links to third party websites that are not under Smartbills’s control. Smartbills is not responsible for, and makes no express or implied warranties with regard to, the information and material on these sites and the underlying policies regarding use and privacy. If you access these third party websites through the App, you are doing so at your own risk.
To the maximum extent permitted by applicable law, we are not liable to you in respect of any loss or damage you suffer in respect of your use or access or attempted use or access to or reliance on the Smartbills Loyalty Program, the App or any Merchant Loyalty Program. Without limitation, this includes special, incidental, exemplary, consequential, or indirect damages for any lost profits, business, revenue, goodwill and/or damage to devices and data that result from or relate in any manner to these Terms.
Where our liability to you cannot be excluded, our liability is limited to correcting any mistake or error and, where necessary, re-performing our obligations or re-supplying any relevant services correctly.
You must reimburse and indemnify us against and in respect of any loss, expense, damage, claim or demand suffered or incurred as a result of you breaching these Terms.
However, you will not be liable to us to the extent any loss, expense, damage, claim or demand is suffered or incurred as a result of the fraud, negligence or wilful misconduct of us or our officers, employees, contractors or agents or any receiver appointed by us.
We may suspend your use of the App or the Smartbills Loyalty Program without prior notice at any time, including, without limitation, if we suspect that the Smartbills Loyalty Program is being accessed or used otherwise than in accordance with these Terms. A merchant may suspend your access to a Merchant Loyalty Program in accordance with the applicable Merchant Loyalty Program Terms.
We may disable, remove or terminate your account and access to the App or to the Smartbills Loyalty Program, without prior notice at any time, if we find that you have breached these Terms. Upon your account being disabled, removed or terminated, you will lose all loyalty rewards accumulated and your personal account details will be removed from the Smartbills Loyalty Program with the exception of the information we are required to retain in order to identify users for the purpose of preventing fraudulent misuse of the Smartbills Loyalty Program. We may also disable, remove or terminate your ability to access the App or the Smartbills Loyalty Program, or cease to offer the App or Smartbills Loyalty Program, a feature within the Smartbills Loyalty Program or a specific Merchant Loyalty Program, at any time for any reason. We will advise you in advance of doing so, to the extent it is reasonably practicable for us to do so.
You may delete your account within a specific Merchant Loyalty Program without deleting your member account for the Smartbills Loyalty Program. You may also delete your Smartbills Loyalty Program member account. Upon doing so, you will lose all points accrued and we will remove your personal details from the Smartbills Loyalty Program, with the exception of the information we are required to retain in order to identify users for the purpose of preventing fraudulent misuse of the App or Smartbills Loyalty Program.
Please contact us directly if you have any complaints or disputes (see the Support section below).
You will raise any complaint or dispute in relation to the App or the Smartbills Loyalty Program with us, and give us a reasonable opportunity to consider, respond to and resolve your complaint or dispute, before you initiate any legal proceedings (other than legal proceedings for urgent or injunctive relief).
We may send you any information, notices or other documents (each a Communication) related to the App or the Smartbills Loyalty Program by:
a) notification (including a push notification) or message sent to you or your device through the App (if permitted to do so);
b) displaying the Communication or making the Communication available to you in your account within the App;
c) by email to the email address recorded for you in you Smartbills member account ;
d) by SMS text message to the mobile number recorded for you in your Smartbills member account ; or
e) in any other manner allowed by law.
You must ensure that the contact details recorded for you in your Smartbills member account (including your email address and mobile number) are correct and up to date at all times.
We may revise these Terms from time to time and the revised version will be effective on the date we specify. In most cases, changes to these Terms will be notified through the App. If our changes to the Terms reduce your rights or increase your responsibilities, we will provide at least 30 days’ notice of the changes to you.
If you continue to use the Smartbills Loyalty Program after any changes to these Terms become effective, you will be subject to those changes. If you do not agree with any changes to the Terms, you may cease using the Smartbills Loyalty Program and uninstall the App from your mobile device.
We do not warrant that access to the Loyalty Program will be uninterrupted and the App will be free from errors, glitches, bugs and viruses.
We reserve the right to make the App unavailable at any time in order to carry out maintenance and upgrades.
If you have any questions relating to the Terms, please contact us by email at: [email protected]
If any provision of these Terms is held to be unenforceable, the provision shall be read down only to the extent necessary to make it enforceable. If such provision is unable to be read down, the provision is severed from the remainder of the Terms without affecting the validity or enforceability of the remaining provisions of these Terms, which remain in full force and effect.
A failure by us to assert or enforce any right under these Terms does not constitute a waiver of that right nor will any such failure be taken to be a further or continuing waiver of that term or right.
We may assign or otherwise transfer or deal with any of our rights and obligations under these Terms at any time without your prior consent. Any assignee will be subject to these Terms as if all references to Smartbills or us were to the assignee. If you consider that the assignment is detrimental to you, you may cease using or accessing the Smartbills Loyalty Program.
The App and the Smartbills Loyalty Program are intended for use in Canada and the United States of America.
These Terms are governed by and will be construed in accordance with the laws of the Province of Quebec, Canada. You submit to the exclusive jurisdiction of the courts of Quebec in relation to these Terms.
Smartbills Technologies Inc. (we, us or our) is a Canadian company that provides digital receipt services through a variety of channels. Smartbills is a software application (Smartbills) is published by us.
By using Smartbills, you agree to be bound by these terms and conditions of use (Terms). If you do not wish to be bound by these terms and conditions, you should cease using Smartbills and uninstall the app immediately.
Please read these Terms carefully. We may revise these Terms from time to time and the revised version will be effective on the date we specify. If our changes reduce your rights or increase your responsibilities, we will provide at least 30 days notice of the changes to you. You agree to receive notices electronically. By continuing to use our services after any changes to these Terms become effective, you agree with those changes. If you do not agree with any changes, you may cease using Smartbills and any of our associated services.
Smartbills is available to any person who has:
Not all Devices may be capable of accessing and using Smartbills. You are responsible for obtaining your own Device and data plan to use Smartbills and any associated costs at your own expense, including any telecommunications network charges. You will also need to maintain adequate back-up of your Device, including its content and applications.
The services and features you can access and use using Smartbills may differ depending on the type of Device, the features released, and the version of Smartbills you are using, and may change from time to time without notice to you. If we release a new version or update Smartbills, we may require that you download or update to the new version before you can continue to access and use Smartbills.
We are committed to ensuring your privacy is protected. Our privacy policy is available on our website at: https://smartbills.io/legal/privacy-policy
When you sign up for Smartbills you will need to choose a complex password.
You must take all reasonable precautions to keep your password confidential. You must not disclose your password to anyone else.
You must not do anything in relation to Smartbills that could threaten the integrity and security of Smartbills or any Smartbills-related system or arrangement. Without limitation, you must not seek to introduce any virus or other malware to any Smartbills-related system and if you become aware your Device has or made be infected with a virus or malware you must not use Smartbills on the Device until the virus or malware has been completely removed and your Device is secure.
We do not charge you any fees for downloading Smartbills. However, Smartbills offers various pricing plans for users. For detailed pricing information, please refer to the Smartbills Pricing Section available at https://smartbills.io/pricing.
By using Smartbills, you agree to the applicable fees for the selected plan. All fees are subject to change, and you will be notified of any changes prior to your renewal date.
Refunds are only issued under certain circumstances, which are subject to our discretion. If you cancel your Smartbills subscription within 7 days of purchasing or renewing your plan, you may request a refund. After this period, refunds will generally not be granted, except in the case of technical issues or billing errors directly caused by Smartbills. Please contact our support team if you experience any issues, and we will review your request.
All refund requests must be made within 30 days of the transaction.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited, and revocable license to use Smartbills for personal and/or non-commercial use on a compatible Device. Any use of Smartbills (in whole or in part) in any other manner, including but not limited to resale, transfer, modification, or distribution, is prohibited.
You do not have any right, title, or interest in or to any proprietary rights relating to Smartbills or the information contained within it. You may not reproduce information obtained by using Smartbills, except where such reproduction is for your own personal non-commercial use in accordance with these Terms.
The Smartbills software application is our proprietary property. You may not:
With respect to any idea, know-how, concept, technique, invention, discovery, or improvement, whether or not patentable, that you express or provide to us, you grant us an irrevocable, non-exclusive, worldwide, unrestricted, and royalty-free license to include the foregoing in any product or service, and to use, manufacture, and market any such product or service.
To the maximum extent permitted by law, Smartbills (including its content and output) and all related documentation and technical support are provided "as is" and “as available” without any express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
Except as may be required by mandatory provisions of applicable Canadian law, our sole warranty obligation concerning Smartbills is to make reasonable efforts to respond during business hours to any problems reported by you. Other than this obligation, we do not provide technical support for Smartbills under these Terms.
To the maximum extent permitted by law, we are not liable to you for any loss or damage you suffer in connection with your use, access, or attempted use or access of Smartbills, or your reliance on Smartbills. This includes, without limitation, any loss or damage resulting from damage to your Device caused by your access to or use of Smartbills.
Where our liability cannot be excluded, it is limited to correcting any mistakes or errors and, if necessary, re-performing our obligations or re-supplying any relevant services correctly.
In no circumstances will we be liable to you for any special, incidental, exemplary, consequential, or indirect damages, or for any lost profits, business, revenue, goodwill, anticipated savings, or loss of or damage to data.
You must reimburse and indemnify us for any loss, expense, damage, claim, or demand incurred as a result of your breach of these Terms. However, you will not be liable to us to the extent that any loss, expense, damage, claim, or demand arises from the fraud, negligence, or willful misconduct of us, our officers, employees, contractors, agents, or any receiver appointed by us.
We may suspend your use of Smartbills or any feature within Smartbills without prior notice at any time, including but not limited to situations where we suspect that Smartbills is being accessed or used in violation of these Terms.
We may also disable, remove, or terminate your access to Smartbills, or cease to offer Smartbills or any feature within Smartbills, at any time for any reason.
We will provide you with reasonable prior notice before taking such action, unless we believe that immediate action is necessary to protect the integrity or security of any Smartbills-related systems or to prevent us from suffering damage or loss, in which case we will notify you as soon as practicable afterward.
Please contact us directly if you have any complaints or disputes (see the Communication section above). You agree to raise any Smartbills-related complaint or dispute with us and to provide us with a reasonable opportunity to consider, respond to, and resolve your complaint or dispute before initiating any legal proceedings, except for legal proceedings seeking urgent or injunctive relief.
We may give you any information, notices or other documents (each a “Communication”) related to Smartbills by:
(a) notification (including a push notification) or message sent to you or your Device through Smartbills;
(b) displaying the Communication or making the Communication available to you in Smartbills;
(c) by email to the email address recorded for you in Smartbills;
(d) by SMS text message to the mobile number recorded for you in Smartbills; or
(e) in any other manner allowed by law.
You must ensure that the contact details recorded for you in Smartbills (including your email address and mobile number) are correct and up-to-date and promptly change your contact details in Smartbills to reflect any change to your contact details.
You may contact us by email at: [email protected]
Each provision and part of these Terms must be interpreted to the extent necessary to be valid and enforceable. If any provision or part of these Terms cannot be so interpreted or is deemed invalid or unenforceable, that provision will be severed from these Terms without affecting the validity or enforceability of the remaining provisions, which will remain in full force and effect.
A failure by us to assert any right under these Terms does not constitute a waiver of that right, nor will any such failure be taken to indicate a further or continuing waiver of that term or right.
You cannot assign or otherwise transfer any of your rights granted under these Terms without our prior written consent. We may assign or otherwise transfer any of our rights and obligations under these Terms at any time without your prior consent.
The laws of the Province of Quebec, Canada, apply to these Terms, and you agree that the courts of Quebec have exclusive jurisdiction in relation to these Terms.