Terms of Use for SmartAdz

Effective Date: January 1, 2024

Welcome to SmartAdz (“we,” “us,” or “our”). By accessing or using our website https://smartadz.ca (the “Site”), you agree to be bound by these Terms of Use (“Terms”). Please read them carefully before using the Site. If you do not agree to these Terms, you should not use our Site.

1. Use of Our Site

You may use our Site for lawful purposes only and in accordance with these Terms. You agree not to:

Use the Site for any fraudulent or unlawful purposes.
Post, upload, or transmit any content that violates any laws or regulations, or infringes upon the rights of others.
Engage in any activity that disrupts or interferes with the functioning of the Site, including transmitting viruses or other harmful code.
Attempt to gain unauthorized access to our systems or networks.

2. Product Information and Availability

We make every effort to accurately display the products, including business cards and other marketing materials, on our Site. However, we do not guarantee that the descriptions, pricing, or images are always accurate, complete, or up to date. We reserve the right to modify or discontinue products at any time without notice.

3. Orders and Payment

By placing an order on our Site, you agree to provide accurate, current, and complete information. This includes your name, billing information, shipping address, and payment details. You agree to pay all charges associated with your order, including taxes and shipping fees, as outlined at checkout.

All payments are processed through a third-party payment processor. By using our Site, you agree to comply with the terms and conditions of the payment processor, which may include credit card, PayPal, or other payment methods.

4. Account Creation and Security

To access certain features of the Site, you may be required to create an account. You agree to maintain the confidentiality of your account login credentials and are responsible for all activity that occurs under your account.

You agree to notify us immediately of any unauthorized access or use of your account. We are not responsible for any loss or damage arising from your failure to maintain the security of your account.

5. Intellectual Property

All content on the Site, including but not limited to text, images, logos, graphics, designs, and software, is the property of [Your Business Name] or its licensors and is protected by intellectual property laws. You may not reproduce, modify, distribute, or use any content from the Site without our prior written consent.

6. User-Generated Content

If you submit any designs, content, or materials (e.g., logos, artwork, or text) to us for printing or display, you represent and warrant that you have the necessary rights to use and distribute the content. You grant us a non-exclusive, royalty-free, and worldwide license to use, modify, and print the content for the purpose of fulfilling your order.

You are solely responsible for ensuring that your content does not infringe upon the intellectual property rights of others or violate any laws.

7. Privacy and Data Collection

Your use of our Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

8. Shipping and Delivery

We aim to process and ship all orders promptly. However, delivery times are estimates and may vary depending on your location and other factors. We are not responsible for any delays caused by shipping carriers or external circumstances. Risk of loss for products passes to you upon delivery to the carrier.

9. Returns and Refunds

Due to the custom nature of our printing products, we generally do not accept returns or provide refunds unless the products are defective or there is an error on our part. If you believe there is an issue with your order, please contact our customer support team within 30 days of receiving your order. We will evaluate your claim and, if applicable, arrange for a replacement or a refund.

10. Limitation of Liability

To the fullest extent permitted by law, SmartAdz and its affiliates, partners, and employees will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of the Site, the purchase of our products, or any other matter related to these Terms.

11. Indemnification

You agree to indemnify, defend, and hold harmless SmartAdz and its affiliates, officers, employees, and agents from any and all claims, damages, liabilities, and expenses (including attorney fees) arising from your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

12. Termination

We reserve the right to suspend or terminate your access to the Site at our discretion, without notice, for violations of these Terms or for any other reason. Upon termination, all rights granted to you under these Terms will immediately cease, and you must stop using the Site.

13. Governing Law

These Terms will be governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in Ontario, Canada.

14. Dispute Resolution

If a dispute arises between you and SmartAdz, we encourage you to first contact us directly to resolve the issue. If we cannot resolve the dispute through informal means, you agree to resolve any claims through binding arbitration, rather than in court, as provided by the rules of the Canadian Arbitration Act.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Any changes will be posted on this page, and the “Effective Date” will be updated accordingly. Your continued use of the Site after such changes indicates your acceptance of the revised Terms.

16. Contact Us

If you have any questions or concerns about these Terms of Use, please contact us at:

SmartAdz (Division of DM Graphics Inc)
Georgetown, ON
Email: info@smartadz.ca
Phone: 416-520-2149

Thank you for using SmartAdz.