Terms & Conditions

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM SMARTER LIFE INC. ("Smarter Life") USING THIS WEB SITE. READ IT CAREFULLY. NO OTHER TERMS APPLY. BY PLACING AN ORDER TO PURCHASE OR RESERVE PRODUCT YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER.

Definitions:
 "Product" shall mean any configuration of hardware and software, including but not limited to documentation, sold or licensed by Smarter Life.

 "Delivery Order" shall mean any order for Product(s) placed through the www.SmarterLife.ca web site for delivery to a Canadian address.

 "Customer(s)" shall mean any person or persons placing a Delivery Order.

Entire Agreement:
 The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend this document or to enter an order for Product(s), which is subject to additional or altered terms and conditions, shall be null and void.

Order acceptance by Smarter Life/Cancellation of order due to errors:
 All Delivery Orders placed by Customers shall be subject to acceptance by Smarter Life. Placement of a Delivery Order by a Customer or receipt of an order confirmation for either from Smarter Life does not constitute acceptance by Smarter Life. Acceptance by Smarter Life occurs for Delivery Orders, when Smarter Life issues a confirmation of delivery to the Customer. Smarter Life is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any orders resulting from such errors.

Warranties:
 With respect to Smarter Life branded products, Smarter Life makes no warranties except as stated in the Smarter Life warranty cards included with Products or, in the case of optional extended warranties issued by Smarter Life, such extended warranty documentation. Smarter Life's responsibility for any warranty claim is limited to repair and replacement as set forth in Smarter Life's applicable warranty statement. With respect to third-party (i.e. non-Smarter Life branded) Products, such Products are sold by Smarter Life AS IS. However, the third-party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. SMARTER LIFE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, BY STATUTE, BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Third-party warranties, if any, for software are contained in the license agreement that accompanies the software. This warranty gives the Customer specific rights and the Customer may also have other rights, which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties and conditions. Therefore, the foregoing exclusions may not apply.


Purchase Terms and Conditions

General:
 The following terms and conditions apply to your online purchase through Smarter Life. Please print a copy of these terms and conditions for your records. Furthermore, please print a copy of the terms and conditions with each purchase that you make, as Smarter Life terms are subject to change without notice at Smarter Life's sole discretion.
Smarter Life knows that you want to receive your order as soon as possible, and we make every effort to get your package to you promptly. Please read the following payment and shipping terms carefully, to minimize the possibility of delivery delay.
Please be advised that there are no exceptions to the terms and conditions set out below! Smarter Life reserves the right to cancel orders and refund any purchase price paid (as applicable) if any of these conditions are not met. Our mandate is to provide a safe online shopping experience for you. For example, our required credit card verification procedures have been implemented in order to protect you from fraud.

Payment Method:
 Smarter Life accepts payment via PayPal. The cardholder must be the one who places the order. An order cannot be placed on behalf of anyone else. If a customer uses a company card, the customer’s name must also be listed as a cardholder on the account.

Payment Terms:
 In the case of delivery orders, Smarter Life will pre-authorize the customer's credit card upon submission of the customer's order, and charge the customer's credit card prior to shipment of the purchased product(s). The amount charged will be the full amount of the sale price of the product(s) being purchased, plus taxes and any other charges required by law, plus any applicable shipping costs. Taxes, together with any other charges required by law will be charged based on the customer's shipping address.
Smarter Life is not responsible for any fluctuation in the Canadian Dollar exchange rate. Smarter Life will always charge credits cards in Canadian Dollars.

Credit Card Verification:
 Following receipt by Smarter Life of a customer’s order, the customer’s address will be verified with the bank issuing the customer’s credit card or with applicable credit agencies.

 The customer’s billing and delivery address must match the address currently listed as the primary address for the cardholder, as evidenced by the issuing bank’s records or the files of the applicable credit agencies. As stated above, Smarter Life will verify this information. Smarter Life reserves the right to refuse an order and/or reverse the payment or pre-authorization of the purchase price, without notice to the customer, if the information provided to Smarter Life by the customer is inconsistent with information verified with the issuing bank or applicable credit agencies, or if Smarter Life’s payment and shipping requirements are otherwise not met.

Shipping Terms:
 Smarter Life reserves the right to refuse an order if the particulars of the order and payment requirements do not satisfy our purchase and delivery conditions.

 Smarter Life does not ship to P.O. boxes or postal outlet addresses (i.e. Mailboxes Etc). Smarter Life will ship only to a physical street address, unless otherwise specified, Smarter Life will ship orders by courier.  In the event that there is no one available to sign for the order, pick-up at a local depot may be required.

 Smarter Life generally ships purchased item(s), based on availability, within 24-48 hours (1-2 business days) of the order having been successfully processed. Smarter Life does not process orders nor ships orders on weekends or national holidays.

 Smarter Life cannot guarantee delivery times. Furthermore, shipping to some locations, including Northern Territories, Yukon, Labrador and other remote areas requires additional time.

Returns:
•    Please review the information below. Should you have any questions or concerns about our return policy, please do not hesitate to contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Should you need to return your SmarterLife.ca purchase, you have 30 days from the receipt date to request a Return Authorization number for most items purchased on the site. Depending on the type of product(s) you need to return, a full refund of the product price will be issued to you, with a few exceptions. Please see following exceptions.

•    Smarter Life reserves the right to charge at its sole discretion a restocking fee. Restocking fees may be charged when there are missing components, packaging is incomplete or missing, or when there is evidence of user damage or excessive use. The restocking fee and any applicable taxes will be deducted from any amounts credited to you in connection with your product return.
   
•    Shipping/delivery fees are not refundable.
   
 If you need to return your purchase to Smarter Life, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it within the allotted return period to request a Return Authorization Number. Please make sure to include the following details:
   
1.    Your order confirmation number
2.    The model number of the product(s) you are requesting to return
3.    The reason for returning your product(s)
4.    The condition of your product (unopened, opened, defective*, missing parts, missing packaging, etc.)

Once you have been issued an RA#, it will expire in 14 days so make sure that it is returned as soon as possible. Clearly mark this number on the outside of your package. When your return has been received and processed by the return centre, Smarter Life will process your refund. Refund times may vary, but generally returns are fully processed within 7-10 business days from receipt by the return centre.

 Any product being returned must be in its original packaging, along with all of its accessories, components and product literature. When returning your product to Smarter Life.ca, if a product is returned without a Return Authorization Number, opened, damaged, or incomplete, Smarter Life reserves the right to refuse delivery or charge a fee. You will be responsible for, and pre-pay, all shipping charges and shall assume all risk of loss or damage to product while in transit to Smarter Life. Smarter Life recommends that you use a traceable method of shipping for your protection. 


Products:
 Smarter Life continually updates and revises its Products. Smarter Life may revise and/or discontinue Products at any time. Smarter Life will display current products. Smarter Life Products are new unless specified as refurbished.

 Miscellaneous:
 This agreement sets forth the entire agreement between the parties relating to the Plan and supersedes any prior or simultaneous communications, representations or agreements with respect hereto, whether oral or written. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein and each of the parties hereto agrees irrevocably to attorn to the non-exclusive jurisdiction of the courts of such province.

Limitation of Liability:
 SMARTER LIFE'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL SMARTER LIFE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTER LIFE SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR PUNITIVE DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS PROVISION GIVES THE CUSTOMER SPECIFIC RIGHTS AND THE CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, THE FOREGOING EXCLUSIONS MAY NOT APPLY.

Taxes:
 Prices do not include any applicable federal or provincial sales, value-added or similar taxes. Customer shall pay all such taxes.

 Smarter Life is unable to process tax-exempt sales on this site. Any customer entitled to a tax exemption must contact 1-403-226-8715 for personalized customer service.

Resale:
 Customer agrees that it is purchasing for its own use only, and not for commercial resale. Customer shall not remove components from Product for resale.

Title:
 Title to Product(s) other than software passes from Smarter Life to Customer upon delivery of Product(s) to Customer. Title to software shall remain with the applicable licensor(s).

Governing Law:
 Sales shall be governed by and construed in accordance with the laws of the province of Alberta, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. Customer consents and attorns to the jurisdiction of the courts of such province. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Headings:
 The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.

Critical Components:
 The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Force Majeure:
 Smarter Life shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, terrorist acts, equipment failures or any other causes beyond the control of Smarter Life. Quantities are subject to availability. In the event of product shortage, Smarter Life may allocate sales and deliveries in its sole discretion.

Waiver/Invalidity:
 Failure of Smarter Life to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

Legal Information:
 This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

 INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Smarter Life may also make improvements and/or changes in the products and/or the programs described in this information at any time without prior notice. The materials that you read on this site are provided solely for entertainment, promotional and commerce purposes.

 Prices, features and specifications are subject to change without notice. Television and LCD screen images displayed on this website are simulated. All non-metric weights and measurements are approximate.

 Smarter Life is particularly careful in checking the accuracy of product description and prices, but occasionally an error slips through or a change is made after printing or publishing. We reserve the right to make corrections.

 Any comments or materials sent to Smarter Life including feedback data such as questions, comments, suggestions, or the like (collectively "Feedback"), shall be deemed to be non-confidential. Smarter Life shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Smarter Life shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

 Information Smarter Life publishes on the World Wide Web may contain references or cross-references to Smarter Life products, programs and services that are not announced or available in your country. Such references do not imply that Smarter Life intends to announce such products, programs or services in your country. Consult your local Smarter Life business contact for information regarding the products, programs and services, which may be available to you.

 Smarter Life makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-Smarter Life Web site, please understand that it is independent from Smarter Life, and that Smarter Life has no control over the content on that Web site. In addition, a link to a non-Smarter Life Web site does not mean that Smarter Life endorses or accepts any responsibility for the content, or the use, of such Web site. It is the responsibility of the user to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature and that you have taken appropriate precautions. IN NO EVENT WILL SMARTER LIFE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 You should assume that all materials on this Web site are protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions or with the express written consent of Smarter Life.

 The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont exigees que la presente convention ainsi que tous documents s'y rattachant soient redigees dans la langue anglaise.

Use of this Web site constitutes acceptance of these terms.

This is a Web site of Smarter Life Inc.

Our postal address is:

Smarter Life Inc.,
Suite #400 – 612, 500 Country Hills Blvd. NE
Calgary, Alberta T3K 5K3 

 

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