Last Updated: March 15, 2022.
BY USING THE SERVICES AND SUBMITTING PERSONAL INFORMATION THROUGH ANY OF THE SITES OR APPS, YOU REPRESENT THAT YOU HAVE READ AND AGREED TO THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, YOU MAY NOT USE THE SERVICES.
Your use of the Services is also conditioned upon your acceptance of other applicable agreements and policies that apply to your use of the Services. While some of these agreements are referenced under this Policy, others can be found on the Sites and Apps. Please, review them along with this Policy and agree to them as they together constitute your use of the Services.
The companies responsible for your information
The information you provide when you use the Services may be collected and used by Neo Smart Blinds or Go Smart Blinds in accordance with this Policy. Neo Smart Blinds and Go Smart Blinds are entities owned and operated by the same owners in the Province of Quebec, Canada. Both entities serve as the handlers or controllers of your personal information.
For users from the EU, EEA, UK, and any country under the General Data Protection Regulation (“GDPR”), Neo Smart Blinds and Go Smart Blinds are your data controllers. This means that each of these companies may handle the processing of your information regardless of the Sites or Apps you access or use.
For any complaints, concerns, questions, or claims about your information or how we handle it, please reach out to us via any of our contact addresses available on any of the Sites.
The information we collect
We collect personal and non-personal information depending on the Sites and Apps you access or use. We categorize our methods of collecting information into two, and they include:
- The information you provide
We will collect information where you submit them through any form on the Sites or Apps or you provide them via permissions. This information may include, without limitation, your:
- name (first and last names)
- email address
- phone number
- payment method
- username and password
- shipping address
Depending on the Sites or Apps, you may provide us any of this information when you (i) subscribe to our marketing emails, (ii) contact us for support, (iii) request a quote, (iv) order from our store, or (v) create an account or update your profile.
- The information we collect automatically
We collect certain personal and non-personal information automatically when you access any of the Sites or Apps or interact with our content. We use third-party software, Google Analytics, to collect information automatically. Likewise, Shopify Inc., our Go Smart Blinds website host, uses technologies such as cookies, beacons, and pixels, to collect this information automatically. Across the Sites and Apps, the information we collect automatically may include, without limitation, your:
- device properties: including the device IP Address, operating system, timezone, and other identifiers;
- use of the Sites and Apps: including analytics about the parts accessed, features clicked, commands sent, duration of use, and your referring URL source;
- network information: including your internet service provider, Wi-Fi address, etc.; and
- transaction records: including the number of products purchased, the amount paid, the method of payment used, and other order information.
Our legal bases for collecting information
Under applicable law, especially under the GDPR, we are required to collect and process personal information subject to one or more of 6 legal bases. Depending on the information collected and mode of collection, our legal bases may include:
- Consent:We process most of your information because you have given us explicit consent to do so (for example, where you submit your email address to receive marketing emails from us). However, you can withdraw your consent at any time.
- Contract performance:We collect certain information to perform and complete a contract with you (for example, to send you our quote, package your order, and deliver them to you, we require the information collected).
- Legal compliance:We collect certain information, such as your purchase information, to comply with our legal obligations of record keeping and to defend ourselves against any future claims or disputes.
- Legitimate interest:We collect some information, such as your device information and analytics, to satisfy our interest, including providing the Sites and Apps, detecting fraud, measuring interests, improving the Services, verifying users, enforcing ourTerms of Service, and protecting us and other users.
Cookies and third-party tools
As mentioned above, when you access the Go Smart Blinds website, cookies, beacons, pixels, and other technologies may be set on your browser to gather certain information about your use. Likewise, we use Google Analytics, third-party software from Google Inc., to collect information across the Sites and Apps.
Cookies, beacons, pixels, tags, and other tracking technologies (collectively “Cookies”) are tiny pieces of data that are embedded on web browsers and content to perform certain activities, including obtaining information automatically, securing websites, remembering users and their information, gathering performance information for marketing purposes, and detecting fraud and other violations.
Cookies do not contain viruses or other harmful codes; therefore, they do not harm your device in any way. Meanwhile, Cookies may remain on your device for a browsing session or specified duration – depending on if the Cookie is a session or persistent Cookie.
If you do not desire Cookies to be set on your device, you can either disable or adjust your preference (enabling specified Cookies). However, when Cookies are disabled, they stop serving the purposes for which they exist. This means that your shopping experience on the Go Smart Blinds website may become less smooth if you disable Cookies.
- Third-party tools
As hinted above, we use a third-party tool (Google Analytics) to perform certain services, including managing our database and gathering analytics, performance, and device information. Google Analytics is provided by Google Inc. Like Cookies, you can also opt out of Google Analytics tracking. You can do this by installing a “Google Analytics Opt Out” extension on the applicable browser.
Reasons we collect your information
In a summary, we use your information to attend to your request, communicate with you, provide you the Services, and protect our interests and those of others. The broad reasons we collect your information include, without limitation:
- Order fulfillment:We collect information via our store to receive your order, package it, communicate with you in the process, and deliver it to you.
- Communication:Where we collect your contact details, including your email address and phone number, we may use them to communicate with you about our products, your orders, and any prior requests or complaints made by you – depending on the Services used.
- Payment processing:Where we collect any payment method information, we use it to process your payment for orders purchased from the Go Smart Blinds store.
- Identification:In some cases, especially where you create an account through any of the Sites or Apps, we collect your information to identify you from other users and provide the Services (for example, we collect registration information to save your inputs and prevent you from typing order information when you come back).
- Marketing: We gather analytics and performance information and geolocation to understand where you came to the Sites or Apps from and the features you access or click while on the Sites or Apps. We then use this information to launch marketing campaigns that target you on partner platforms. Likewise, if you subscribe to our marketing emails, we will send marketing updates to your email address.
- Scheduling:We also use your geolocation and timezone information for schedules related to sunset and sunrise in accordance with your location. If you do not use the scheduling feature on the Neo Smart Blinds App, we do not process your geolocation.
- Error reporting:We use Sentry, an error reporting tool provided through the Apps, to collect your reports, crashes, and bugs. While you use Sentry, we will process your email address and IP address to identify the geographic location and server where the report came from in order to resolve it.
- Enforcing our rights and complying with the law:Part of the reasons for collecting your IP address is to monitor violations of ourTerms of Serviceand comply with applicable law. We also collect details of transactions to honor our record-keeping obligations as required by law.
- Provide features on the Apps:We collect your network information and request Bluetooth permission to enable us to control the blinds and provide scheduling features through the Apps.
The disclosure of your information
We collect your personal information and use it for the purposes described above. And your information is accessible by authorized persons within the Neo Smart Blinds and Go Smart Blinds entities, including support employees and staff. However, certain third parties may also have access to your information under the following circumstances:
- Third-party services:Where we use third parties to perform services on our behalf (services such as payment processing, order fulfillment, analytics gathering, fraud detection, Apps distribution, marketing, and database management), they may access specific information about you to perform those services (for example, we use Amazon Web Services to store and manage parts of your information, and they may have access to your information). However, these third parties are under obligation to only use your information for the services they perform for us.
- Analytics partner:Where we use ad platforms for product remarketing, the owners of these platforms may gather anonymous information about how you use the Go Smart Blinds website. They may gather this information across other platforms and combine it to launch marketing campaigns that target you.
- Law enforcement:We may be obligated to share personal information with public offices and law enforcement, including with respect to a court order or other legal investigations. Likewise, if the sharing of personal information will help us to prevent a possible breach of our intellectual property or rights (or those of other users and third parties), we may disclose personal information about you.
- Business transfer:We may engage in a business transfer agreement, including the sale of assets, a merger, acquisition, or bankruptcy. In that case, we may be obligated to share proprietary information, including our customers list, with the entities involved.
The retention period of your information
Our retention period depends on the information collected and the purposes for collection. We usually retain personal information for as long as users use the Services – unless your account remains inactive for more than 365 days. Upon your request to delete your personal information from the Sites and Apps, we will delete most personal information within 30 days. However, we may retain non-personal or anonymous information on our database for business continuity and growth purposes. Likewise, we will retain certain information for longer periods in accordance with applicable laws (for example, we are required to keep records for up to 5 years). For information collected about errors and crashes, i.e., your IP Address and geolocation, we will retain them for 30 days.
We carry out marketing activities in several ways, including via email and third-party platforms. The analytic and performance information gathered about you is majorly used to gain insights into how you anonymously use the Go Smart Blinds website and use it to launch marketing campaigns on other platforms. Our marketing practices include:
- Email marketing:We will send you marketing emails about our products and stuff that we think may catch your interest. We send marketing emails strictly based on your consent. Consent can be given on the Go Smart Blinds website or Neo Smart Blind App when you willingly submit your email address on the subscription form or accept a consent request. If you receive marketing emails from us and wish to opt out at any time, you may do so by using the opt out instructions provided at the bottom of any email we send to your email address. Please, note that unsubscribing from marketing emails does not apply to administrative messages, such as updates to this Policy or your orders.
- Behavioral advertising:Our third-party ad partners will use the analytics and performance information gathered anonymously to launch marketing campaigns about our products on their platforms. They merge this information with those collected on other platforms to obtain your behavior and interests. You may opt out of behavioral advertising by clicking here. If you are using the Services from the European Union, click here.
The security of your information
We built the Sites and Apps on stable and secure infrastructure. Communication within the different systems is encrypted. Your personal information is pseudonymized as much as possible to limit damages in case of a data leak. Furthermore, we store personal information securely using Amazon Web Service, and we do not share personal information with third parties aside from those described above.
However, you are aware that no security measure over the internet is 100% guaranteed. Therefore, we cannot guarantee that our security measures will always protect your personal information from unauthorized access.
The international transfer of your information
The Sites, Apps, and Services are operated and provided from our location in Canada. This means that any personal information we collect from you will be transferred to us in Canada, and we will use it in accordance with this Policy. However, we use third parties from different countries to perform some of the Services on our behalf. Therefore, we may share and transfer personal information to them in their respective locations. However, we only hire third parties who practice adequate data protection, such as this Policy.
If you transfer personal information to us from any country under the GDPR, we will only transfer your information to third parties outside of your location if such location practices adequate data protection. Otherwise, we will rely on the European Union’s approved data transfer mechanisms, including using Standard Contractual Clauses.
General user choices and rights
In relation to the information we collect, users generally have the following choices and rights:
- Withdrawing permissions:Where you grant certain permissions, such as access to Bluetooth and location on the Apps, you may withdraw your permissions by using the settings function of your mobile device.
- The right to access and correct information:You have the right to request access to the personal information we hold about you. This right also includes the ability to demand that we correct any incorrect information we hold. This right may be exercised subject to the Site or App where the information is collected. You may correct your personal information on the Go Smart Blinds website via your profile area. You may edit your personal information on the Neo Smart Blinds App by using the “settings” section. You may also use the “contact us” section on the applicable Site or App to make this request.
- The right to request the deletion of information:You may request that we delete certain personal information, including your shipping address, payment method, and profile. You may request to delete your personal information on the Go Smart Blinds website via your profile area. This function is available within the Neo Smart Blinds App through the “settings” section. You may also use the “contact us” section on the applicable Site or App to make this request. Please, be advised that the deletion of your information does not apply to any information we are required by law to retain for certain periods. It also does not apply to information that is kept for business continuity.
- The right to withdraw your consent:In a situation where you have given us consent to process your personal information, you have the right to withdraw your consent at any time. However, we may not be able to provide certain functions if you withdraw your consent.
EU user rights
If you are using the Sites, Apps, or Services from any GDPR location, you have, in addition to the above rights, the following rights:
- The right to restrict processing:It may be sometimes possible to restrict the processing of your information. This may be possible in situations where the information is not relevant, but you do not want us to delete it, or you believe we are processing it unlawfully.
- The right to data portability:You may request that we transfer the information we hold about you to another service or IT environment without it affecting the usability of the information.
- The right to object to processing:You may, at any time, request that we stop processing your information to the extent possible.
- The right to reporting:If you believe we are unlawfully processing your information, you may report us to the regulatory body in any GDPR location you are.
You may exercise any of these rights by getting in touch through the “contact us” section of any of the Sites and Apps.
California user rights
Under the California Consumer Privacy Act (“CCPA”), users accessing and using the Sites and Apps from the State of California have the following rights regarding the information we process about them.
- Right to know about the information collected, disclosed, or sold:California users can request to know the categories of personal information we have collected, used, disclosed, or sold in the past 12 calendar months.
- Right to deletion of information: You may request that we delete the personal information we hold about you across any of the Sites or Apps. Please, see the “General user choices and rights” above for more information.
- Right to opt out of the sale of personal information: This right only applies if we engage in the sale of personal information to third parties for profit. Fortunately, we are not in the business of selling personal information for profit.
- Right to non-discrimination: You have the right to be treated equally and not discriminated against when you exercise any of these rights. We will not discriminate against you regardless of your status, age, religion, race, or color.
You may exercise these rights as a California consumer (user) by getting in touch through any of the “contact us” sections on the Sites or Apps. Please, be aware that we may verify you to confirm you are a consumer residing in California before granting your request.
Nevada users’ right
Under Nevada law, users from Nevada have the right to opt out of the sale of personal information for monetary consideration to a person and for that person to sell or license the same personal information to additional persons.
Neither Neo Smart Blinds nor Go Smart Blinds engage in the sale and transfer of personal information to third parties for monetary consideration or profit. However, if you have purchased our products or used the Services from Nevada, you may opt out of any potential future sales of your personal information by reaching out to us via the “contact us” section on the Sites or Apps. Please, be aware that we may attempt to verify that you are residing in Nevada.
Certain parts of the Sites and Apps, including links and content, may link to third-party websites, apps, and services. These third-party websites, apps, and services have their respective privacy policies that describe how they collect and use your information when you link to their services. This Policy does not govern their data practices, nor do we endorse that your information is safe or secure when you link to them. We advise that you review third-party policies when you link to their sites, apps, or services to know how they use your information.
The Sites, Apps, and Services are targeted at individuals who, under the law, can form a binding agreement. We do not knowingly permit individuals below 18 years of age to use the Sites, Apps, and Services. By using the Sites, Apps, or Services, you represent to Go Smart Blinds and Neo Smart Blinds that you are above 18 years of age (you may use the Sites, Apps, or Services under the supervision of at least or parent or legal guardian if you are below 18 years of age).
DNT (Do Not Track) – a privacy requirement under Californian law – is a browser feature that transmits a signal to website owners not to track their online activities in order to market to them. Since this feature is, at the moment, not widely accepted and used, Neo Smart Blinds and Go Smart Blinds do not respond to DNT signals. You can learn more about DNT requests by visiting www.allaboutdnt.com.
Changes to this Policy
We may revise and change portions of this Policy from time to time. Upon making such changes, they become effective, and the last date of update will be theLast Updateddate above. We may, at our discretion, notify you of such changes via your account email address or any part of the Sites or Apps. However, you are expected to review this Policy frequently to be informed of changes. By your continued use of the Services after any changes to this Policy, you confirm your acceptance of such changes.
How to contact us
If you have any questions about this Policy, the information we hold about you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us. You can use the “contact us” section on Go Smart Blinds or use the Neo Smart Blinds contact information below:
Neo Smart Blinds
Email us at: firstname.lastname@example.org
Call us at: +1 438 389-8123
Or write to us: 9386, Boulevard Viau Saint Leonard, QC, H1R 3B5, Canada
Previous Policy and Terms versions
Terms of Service
Last Update: March 15, 2022.
- OVERVIEW: These Terms of Service (these “Terms”) contain the terms and conditions of your access and use of the following:
- the websites www.neosmartblinds.com and www.gosmartblinds.com (the “Sites”);
- 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 “Neo Smart Blinds” and “Go Smart Blinds”) (both entities operating under the same owners). When you access any of the Sites 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 Sites, Apps, and Services.
BY ACCESSING ANY OF THE SITES, 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 SITES 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.
- ACCESS ELIGIBILITY: The Services provided through the Sites 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.
- 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.
- INTELLECTUAL PROPERTY: Aside from the content you may submit through the Neo Smart Blinds App, the content on the Sites 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.
- 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 Sites, 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 Sites or Apps. The rights not granted to you under these Terms are reserved by us and our respective licensors.
- ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION: We will not be responsible if any information made available on any of the Sites or Apps is inaccurate, incomplete, or non-current. The materials and information on the Sites 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 Sites and Apps is at your sole risk.
We reserve the right to modify the contents of the Sites 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 Sites and Apps.
- PRODUCT TERMS OF SALE: This section applies to your purchase through the e-commerce section of the Go Smart Blinds website.
- 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 ourShipping 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 ourReturn 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.
- 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.
- PROHIBITED USES: In addition to other prohibitions set forth in these Terms, you are prohibited from using the Sites and Apps and any of their content in any unlawful way. Specifically, you may not:
- use the Sites or Apps for any unlawful activities or solicit others to perform or participate in any unlawful acts;
- violate any international, federal, provincial, or state regulations, rules, laws, statute, or ordinances;
- infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- submit false or misleading information;
- 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 Sites, Apps, and Services;
- spam, phish, pharm, scrape, or use any spider, crawler, or other data gathering and extraction tools or software; or
- interfere with or circumvent the security features of the Services.
- TERMINATION OF USE: We may terminate, restrict, or suspend your account and use of any of the Sites 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 Sites, Apps, or Services may be terminated, suspended, or discontinued at any time without liability to you or any third party.
- DISCLAIMERS: The Sites, 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 Sites, Apps, and Services will always be available, secure, error-free, accurate, reliable, or safe. Likewise, we do not warrant that the Sites 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 Sites or Apps is always secure from unauthorized access or use.
- 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 SITES, 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.
- 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.
- GOVERNING LAW AND JURISDICTION: These Terms, the Sites, 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.
- THIRD-PARTY LINKS: Certain content, products, tools, and services available via the Sites and Apps may include materials from third parties (“Third-Party Links”). Third-Party Links on the Sites and Apps may direct you to third-party websites 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.
- 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 Sites and Apps. It is your responsibility to check the Sites or Apps periodically for changes. Your continued use of or access to the Sites, 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.
- 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 Sites, 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 Sites or Apps.
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