Terms of service

Terms of Service

 

Last Update: March 15, 2022.

 1. OVERVIEW: These Terms of Service (these “Terms”) contain the terms and conditions of your access and use of the following:

• the website www.gosmartblinds.com (the “Site”); 
• the Neo Smart Blinds App and Neo Smart Blinds Blue App (the “Apps”); and 
• associated e-commerce store and window blind automation services (the “Services”).

 

These Terms form a legally binding agreement between you and the entities Neo Materials and Consulting Inc. and Go Smart Blinds Inc. (DBA “Go Smart Blinds”) (both entities operating under the same owners). When you access any of the Site or Apps or purchase our products, these Terms and any other applicable terms and policy shall apply. 

 

The terms “our,” “we,” or “us” are collectively used to represent Go Smart Blinds and Neo Smart Blinds under these Terms. The terms “you” or “your” refer to you the user, customer, business, merchant, or visitor accessing or using any of the Site, Apps, and Services. 

 

BY ACCESSING ANY OF THE SITE, APPS, AND USING THE SERVICES, YOU REPRESENT TO US THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, WE ARE SORRY, BUT YOUR ONLY OPTION IS TO REFRAIN FROM ACCESSING THE SITE OR APPS OR USING THE SERVICES. 

 

The Go Smart Blinds website is hosted on Shopify Inc. They provide Go Smart Blinds with an online e-commerce platform that allows it to host and sell the products to you. 

 2. PRIVACY POLICY: The personal information you submit when you use any of the Services is governed by our Privacy Policy. Our Privacy Policy describes the categories of information we collect from you across the Site and Apps; why we collect your information; who can access your information; how we secure your information; how long we retain your information; the rights and choices you have; and other practices related to your information. By using the Services, you consent to the practices described in our Privacy Policy. If you do not consent to our practices, you may not access or use the Site, Apps, or Services.

3. ACCESS ELIGIBILITY: The Services provided through the Site and Apps are targeted at you only if you are at least 18 years of age (or the age of majority in your location) and able to enter a legally binding agreement. We do not knowingly provide the Services to you if you are under 18 years of age (unless you are under the supervision of at least a parent or legal guardian). 

 

Likewise, we do not provide the Services to you if your use violates any local, state, or federal law of your location. Therefore, you may not use the Services if they violate any specific law in your location. 

 4. USER ACCOUNT: The Go Smart Blinds website and the Neo Smart Blinds App allow you to create an account and submit personal information to enable you to get personalized services. By submitting personal information, you warrant to us that it is correct, accurate, and complete. You also warrant that you will correct any inaccurate personal information upon becoming aware. 

You are responsible for the confidentiality of your account login credentials. We advise that you keep your login credentials private. You should also notify us immediately you become aware that a third party has access to your account (or might be trying to access it). Likewise, you are not permitted to license, rent, sell, or transfer your account to a third party without written permission from us. 

 5. INTELLECTUAL PROPERTY: Aside from the content you may submit through the Neo Smart Blinds App, the content on the Site and Apps – including the images, texts, designs, descriptions, products, audios, trademarks, trade names, service marks, logos, and software – are licensed to Go Smart Blinds and Neo Smart Blinds and their licensors. These contents are subject to copyright, patent rights, and other intellectual property rights in Canada, the US, and other locations. 

We do not permit you to copy, download, use, or edit any of our trademarks, trade names, or content, including along with other products or services, in any manner that may confuse without first getting written permission from Neo Smart Blinds or Go Smart Blinds. 

 6. LICENSE GRANT: Based on your compliance with these Terms, all other applicable agreements, and where applicable, your payment of applicable fees, Go Smart Blinds and Neo Smart Blinds hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license and right to access and use the Site, Apps, and our content only for your personal, non-commercial use. 

This license does not permit you to resell or use commercially, any of our content, including our product descriptions and images, pricing, and logos. You may not utilize any data miners, robots, or similar data-gathering software or extraction tools on the Site or Apps. The rights not granted to you under these Terms are reserved by us and our respective licensors. 

 7. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION: We will not be responsible if any information made available on any of the Site or Apps is inaccurate, incomplete, or non-current. The materials and information on the Site and Apps are provided for general information purposes only and should not be relied upon or used as the basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information or materials on the Site and Apps is at your sole risk. 

We reserve the right to modify the contents of the Site and Apps at any time; however, we have no obligation to do so. You agree that it is your responsibility to monitor changes to any of the Site and Apps. 

 8. PRODUCT TERMS OF SALE: This section applies to your purchase through the e-commerce section of the Go Smart Blinds website. 

9. The Order Agreement: When you place an order through the Go Smart Blinds website, you confirm that the information submitted is accurate, complete, and current and that you have read the descriptions and terms on the product page. Your order placement is an offer to purchase from us. We will then respond with an email confirming your request, which does not mean we accept your offer. We reserve the right to accept or reject your offer at our discretion. Your offer will be deemed accepted when we respond with the processing and shipping information. Likewise, we may limit or cancel quantities purchased per person or order. These restrictions may include orders placed by or under the same account, credit card, or billing/shipping address. We will notify you of any decision via your email address or other provided contact information. 

Product description: We do everything commercially reasonable to ensure the descriptions of our products are accurate, current, and without errors, omissions, and inaccuracies. However, due to certain circumstances, we cannot always guarantee that the products will be without errors or omissions. In the event that you ordered our product, and the description is different, you have the right to get in touch with us to return it. 

Pricing: The prices of our products are listed in their original price in CAD (Canadian Dollar). If you order with a contrary currency, you may be subject to exchange rate fluctuations, and it shall be your responsibility. The prices attached to our products are for the product only. Product prices are exclusive of the applicable shipping fees, handling fees, taxes, or payment provider charges. The shipping fees and any delivery-related charges are attached to the order at checkout and displayed to you as a total. By confirming your order, you agree to the total charges displayed at checkout. 

Changes: Prices for our products are subject to change without notice. However, any applicable changes to our prices shall not affect any order you have already paid for.  

Pricing errors: On occasions, the pricing may be displayed in errors due to mistakes from applicable staff or our system. If this happens, then we reserve the right to restore the original price (even when your order is already processed). However, we will notify you of any errors that apply to your order. In that case, you will have the option to cancel the order.  

Payments: We accept any payment methods supported by Shopify Inc., our e-commerce store host. Payment methods may include, without limitation, credit/debit cards, Shop pay, and PayPal. The accepted payment methods are listed on the checkout page for your reference. By submitting your payment method information, you warrant that it has enough to cover for your order, and you authorize us to deduct the applicable amount displayed at checkout. You also warrant that the payment method you provide is yours or that you have the permission of the owner. 

Shipping and delivery: We commence processing and shipping of orders immediately we charge your payment method. To learn more about the shipping and delivery of your orders, including the applicable location, shipping cost, estimated delivery date, and delivery types, please review our Shipping Policy. You are responsible for submitting accurate shipping information. In the event that the shipping information you provide is inaccurate, Go Smart Blinds will not bear any loss or liability therefrom. 

Refunds You may only cancel your order and request a return if the product is damaged in transit or in the event of any other irregularities. All cancellation and return requests must be done within 30 days starting from when the product was dispatched. To learn more about refunds, including, without limitation, the return process, the refund payment method, and return rules and restrictions, please review our Return and Refund Policy. 

Title and risk of loss: When you successfully receive your order, the title and risk of loss automatically pass to you. The liabilities associated with the product rests on you thereon – except for any defects in the provided product warranty. 

Customs duties: For orders from countries outside of Canada and the US, they may be subject to customs duties and clearances required by the government of the applicable location. In that case, the customer is responsible for such payments and not Go Smart Blinds. 

Export controls: You warrant to us that you will not export our products to locations or organizations to which such export is prohibited by law.

 

10. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS: If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use such Comments in any medium. We are and shall be under no obligation to (i) maintain any Comments in confidence; (ii) pay compensation for any Comments; or (iii) respond to any Comments.

 11. PROHIBITED USES: In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site and Apps and any of their content in any unlawful way. Specifically, you may not:

1. use the Site or Apps for any unlawful activities or solicit others to perform or participate in any unlawful acts;
2. violate any international, federal, provincial, or state regulations, rules, laws, statute, or ordinances;
3. infringe upon or violate our intellectual property rights or the intellectual property rights of others;
4. submit false or misleading information; 
5. upload or transmit viruses or any other type of malicious codes that may be used in any way that will affect the functionality or operation of the Site, Apps, and Services;
6. spam, phish, pharm, scrape, or use any spider, crawler, or other data gathering and extraction tools or software; or 
7. interfere with or circumvent the security features of the Services.

 12. TERMINATION OF USE: We may terminate, restrict, or suspend your account and use of any of the Site or Apps at any time upon becoming aware that your use violates these Terms. Upon terminating your account, these Terms automatically terminate. However, the provisions under these Terms that by their nature are required to remain valid shall continue to be in force. 

Also, parts of the Site, Apps, or Services may be terminated, suspended, or discontinued at any time without liability to you or any third party. 

 13. DISCLAIMERS: The Site, Apps, and Services are made available without warranties of any kind – whether express or implied (except for any product or written warranties). Go Smart Blinds and Neo Smart Blinds disclaim any and all warranties of merchantability, title, fitness for and specific purpose, and non-infringement. 

We do not warrant that the Site, Apps, and Services will always be available, secure, error-free, accurate, reliable, or safe. Likewise, we do not warrant that the Site and Apps are free from harmful software, such as bugs, worms, viruses, logic bombs, and trojan horses introduced by third parties. 

We do not warrant that our products will operate to your maximum expectation or that they will always be available. Likewise, we do not warrant that personal information submitted by you on the Site or Apps is always secure from unauthorized access or use. 

 14. LIMITATION OF LIABILITY: IN NO CASE SHALL GO SMART BLINDS OR NEO SMART BLINDS (INCLUDING OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, APPS, SERVICES, OR ANY PRODUCTS PROCURED THROUGH US – EVEN IF ADVISED PRIOR OF THEIR POSSIBILITY. 

NOTWITHSTANDING THE ABOVE LIMITATIONS, IN THE EVENT GO SMART BLINDS OR NEO SMART BLINDS ARE FOUND LIABLE FOR ANY DAMAGES – NO MATTER THE COURSE OF ACTION – THE TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (I) THE FEES YOU PAID FOR THE SERVICES IN THE PAST THREE (3) MONTHS; OR (II) A FIXED SUM OF $500. 

BECAUSE SOME STATES, PROVINCES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR SOME OF THESE LIMITATIONS ABOVE, THEN OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.

 15. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Go Smart Blinds and Neo Smart Blinds (including our respective affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees) harmless from any claim, liabilities, disputes, expenses, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third-party, or your Comments.

16. GOVERNING LAW AND JURISDICTION: These Terms, the Site, Apps, and Services are governed and construed in accordance with the laws of the Province of Quebec and applicable laws of Canada. Any dispute arising out of these Terms shall be brought to the courts located in the District of Montreal, Quebec.  

 17.THIRD-PARTY LINKS: Certain content, products, tools, and services available via the Site and Apps may include materials from third parties (“Third-Party Links”). Third-Party Links on the Site and Apps may direct you to third-party website and services that are not affiliated with Go Smart Links or Neo Smart Links. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Links, or for any other materials, products, or services of third parties.

 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party services. Please review carefully the third party's policies, terms, and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

 18. CHANGES TO TERMS: We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Site and Apps. It is your responsibility to check the Site or Apps periodically for changes. Your continued use of or access to the Site, Apps, and the Services following the posting of any changes to these Terms constitutes your acceptance of those changes. You can review the most current version of the Terms at any time on this page.

 19. GENERAL TERMS

Entire agreement: These Terms and other applicable agreements and policies constitute the entire agreement and understanding between you and Go Smart Blinds and Neo Smart Blinds with respect to your access and use of the Site, Apps, and Services. These Terms supersede any prior oral or written understanding, agreements, and communications between you and Go Smart Blinds and Neo Smart Blinds.

Waiver: The failure of Go Smart Blinds or Neo Smart Blinds to exercise any provision under these Terms at a particular time shall not be a waiver of our rights to enforce such rights at a later date or on similar violations. Any waiver under these Terms is only valid when it is in writing. 

Severability: In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and shall not affect the validity and enforceability of any other remaining provisions.

• Force majeure: Neither Go Smart Blinds nor Neo Smart Blinds shall be liable for any failure or delay to provide the Services if such a failure or delay is caused by any event beyond our reasonable control. 
• Headings: The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
• Electronic communications: When you use the Services, including sending us emails, you communicate with us electronically. We also may communicate with you electronically via these Terms, other agreements, email messages, your account dashboard, and phone number. By communicating with Go Smart Blinds or Neo Smart Blinds electronically, you agree that any electronic communications from us shall satisfy any legal requirement to the extent a paper form of the same communication satisfies. 

Contact information: For any questions or complaints regarding these Terms, please use the “contact us” section on any of the Site or Apps. 

 

If you need access to previous terms and agreements: Click here