Acceptance and Modification of the Terms and Conditions
Your access and use of any website, mobile site, Facebook site, Twitter page, Instagram platform or other social media channel owned and/or operated by Smart & Rich, Inc. (SR, 'we', 'us' or 'our'), which includes Smart & Rich’s distributing partners, now or in the future (collectively and individually, the'Site') are governed by these terms and conditions (the 'Terms and Conditions'). By accessing, browsing and/or using our Site you acknowledge that you have read, understood and accepted, without reservation, these Terms and Conditions, as modified from time to time by us. If you do not agree to these Terms and Conditions, do not use the Site.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. If we decide to modify our Terms and Conditions, we will post a new version on the Site. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you should leave the Site and cease all use of the Site. Your continued use of the Site signifies that you agree to be bound by these Terms and Conditions as they are amended.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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 materials or websites, 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 websites. Please review carefully the third-party's policies 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 third-party.
SECTION 9 - 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 in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smart & Rich, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable 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 service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smart & Rich and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 54 Wolseley Street, Unit 1A Toronto Ontario CA M5T 1A5.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Terms and conditions for distributing partners.
I/we acknowledge that I/we have carefully read all of the Terms and Conditions. I/we understand the Terms and Conditions contained herewith along with the Statement of Policies & Procedures, which by reference are fully incorporated in this document, and agree to be bound by them. I/we also understand that I/we may terminate my/our Independent Smart & Rich Distributor status at any time with written notice to Smart & Rich. I understand that it is my responsibility to ensure that product sales, as well as payment for such sales, are processed prior to the end of a commission period to be eligible for a commission. I understand that the Canadian government requires the Company to record my Social Insurance Number (SIN) or Business Number (BN) for the purposes of submitting required income and tax-related information. Notwithstanding this, I may initially choose not to disclose my Social Insurance Number (SIN) at this time, but acknowledge that if I do so, the Company will withhold any commission due me once I have earned more than CA$500.00 in a calendar year. Any commissions withheld will be paid upon submission of a valid SIN or BN to the Company, less a service fee of 1% per month, which will cover the additional work and research entailed in this process.
1. First and foremost, Smart & Rich Inc., (the Company or Smart & Rich) is built on a foundation of integrity, edification and trust. Whether dealing with my customers, fellow Independent Distributors or the Company, I will build my business on this same foundation. If anything comes to my attention that detracts from this, I will deal with it immediately, first through my upline organization, then to the Company if necessary. I will not allow any attempt to destroy the foundation; disparagement toward my fellow Independent Distributors or Smart & Rich in any form will not be tolerated.
2. I certify that I am at least 18 years of age (or age of majority) and understand the Agreement is not binding until received and accepted by Smart & Rich.
3. I agree to operate my business in accordance with all the rules, regulations, policies and procedures as set forth by Smart & Rich in its Statement of Policy & Procedure (P&P), a copy of which is available in my back office, and in any amendments, supplements, or replacements in the future. 4. I will become an Independent Distributor upon acceptance of this application by Smart & Rich. As Distributor , I shall have the right to sell the products and services in accordance with Smart & Rich’s P&P.
5. I understand that I will be responsible for obtaining all necessary licenses and permits and for complying with all applicable federal, provincial and/or municipal laws, codes and regulations in connection with my activities as Smart & Rich Independent Distributor . I acknowledge that I am not an employee of Smart & Rich and shall not be entitled to receive from Smart & Rich any benefits whatsoever and Smart & Rich shall not be required to make contributions for, workers compensation and other similar levies in respect of payments to be made to me as Smart & Rich Independent Distributor . I will be fully responsible for paying all applicable federal or provincial withholding taxes, source deductions, taxes, employment insurance premiums, workman’s compensation contributions or other tax contributions and other premiums, license requirements and fees related to my activities as Smart & Rich Distributor .
6. I acknowledge that as a wholly independent contractor , I am not purchasing a franchise or exclusive distributorship, and no fees are or will be required from me for the right to distribute Smart & Rich’s products pursuant to this Agreement. I acknowledge that this Agreement may not be assigned or transferred without written consent from Smart & Rich.
7. As an Independent Distributor I will abide by any and all Federal, provincial and local laws, rules and regulations pertaining to this Agreement and/or the acquisition, receipt, holding, selling, distribution, or advertising of Company products.
8. As a Independent Distributor I will, at my own expense make, execute or file all reports and obtain licenses required by law or public authority with respect to this Agreement and/or the receipt, holding, selling, distributing of Smart & Rich Products.
9. I understand that this Agreement shall automatically renew annually provided that I have maintained active status as a Independent Distributor by generating a minimum of 330CV (customer volume ) each year. Smart & Rich has my permission to charge the credit card on record the current renewal fee, on or before my anniversary date unless I cancel my Independent Distributor status in writing to the Company. 10. I further understand that all rights to bonuses, rebates and commissions; my Smart & Rich business; and the opportunity to purchase products from Smart & Rich shall immediately be subject to termination should my status become inactive.
11. I understand that I am entitled to cancel participation in the marketing program at any time and for any reason upon written notice to Smart & Rich. Following the notification of cancellation or termination, the sponsoring Independent Distributor or Smart & Rich will repurchase inventory and starter kit materials in accordance with the policies as stated in Smart & Rich’s Statement of Policy.
12. I certify that neither Smart & Rich nor my sponsor have made any claims of guaranteed earnings or representations of anticipated earnings that might result from my efforts. I understand that I may not make any verbal or written statements regarding claims of income or potential earnings that might result from my efforts or the efforts of others, unless specifically disclosed in a compensation summary provided from time to time by the Company.
13. I understand that no attorney general or other regulatory authority reviews, endorses, or approves any product, membership, compensation program, or Company, and I will make no such claims to others. In the event a question shall arise concerning legal compliance by Smart & Rich, such questions shall be submitted to Smart & Rich in writing.
14. I agree to indemnify and to hold Smart & Rich blameless from any and all claims, damages, and expenses, including reasonable attorney fees, arising out of my actions and conduct in violation of this Agreement.
15. In sponsoring other Independent Distributors , I agree to fulfill the obligations of performing a bona fide supervisory function in the sales and distribution of product to the ultimate customer and in the training of those Independent Distributors I sponsor. I will maintain ongoing contact, communication and management supervision in my sales organization. Examples of this supervision may include but are not limited to, newsletters, written correspondence, personal meetings, telephone contact, voice mail, electronic mail, training sessions, accompanying individuals to the Company trainings, proper use of compensation summaries regarding earnings representations and sharing distribution information with those sponsored. I will be able to provide evidence to the Company semiannually of my ongoing fulfillment of these responsibilities.
16. I understand that Smart & Rich’s program is built upon retail sales to the ultimate consumer. I am entitled to purchase product for my own personal or family use, and I understand that Smart & Rich policy prohibits the purchase of product or large quantities of inventory solely for the purpose of qualifying for bonuses or advancement in the marketing program. Likewise, I will not encourage others in the program to purchase excessive inventory. I understand that I must fulfill personal and downline sales requirements as well as supervisory responsibilities to qualify for the bonus overrides and advancements.
17. I acknowledge that I am responsible for any products that I purchase, whether for personal consumption or for resale. Notwithstanding this, I may return any unused, unopened, and resalable products purchased within 30 days of the invoice date for refund and will receive the invoiced amount (minus shipping and handling fees) with no effect on my Independent Distributor status, except insofar as said returned volume may affect CV and/or Downline Sales for paid rank qualifications. In the event that I wish to terminate my Independent Distributor status, I may return any unused, unopened, and resalable products purchased within 30 days of the invoice date for refund, and will receive the invoiced amount, less a 10% restocking fee and appropriate set-offs for bonuses, rebates, commissions, and other charges. Beyond the dates, I understand that Smart & Rich will not accept any returns for product.
18. On a periodic basis, Smart & Rich may supply confidential information in the form of genealogies, reports, and other sensitive material, which will provide information to me as an Independent Distributor concerning my organization. I agree upon receipt of said information that such information is proprietary and confidential and will not disclose such information to any third party directly or indirectly nor use the information to compete with Smart & Rich either directly or indirectly.
19. I understand and agree to charge and remit any Sales Tax based on the retail price of the product to the Company on all product orders unless tax exempt.
20. I agree that I may not alter, repackage, re-label, affix additional labels of information or otherwise change any Company product, nor will I sell any such product under any other name. 21. Any dispute which arises in the course of or following the performance of the present contract will be definitively settled under the auspices of The Canadian Commercial Arbitration Centre, by means of arbitration and to the exclusion of courts of law, in accordance with its General Commercial Arbitration Rules in force at the time this contract is signed and to which the parties declare they have adhered. Independent Distributors waive their right to trial by jury. All arbitration proceedings shall be held in the City of Toronto, Province of Ontario, unless the laws of the province or territory in which the Independent Distributors resides expressly require that the arbitration be held in their jurisdiction.
Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and, if necessary, be reduced to a judgment in any court of competent jurisdiction. Nothing in this Agreement shall prevent the Company from applying to and obtaining from any court having jurisdiction, a writ of attachment, an injunction, or other relief available to safeguard and protect the Company’s interest prior to, during, or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding. This agreement to arbitration shall survive any termination or expiration of the Agreement.
22. I agree that regardless of the form of claim, whether in tort, contract or other, the Company, its subsidiaries and affiliated companies and their officers, directors, employees and agents shall NOT be liable for any consequential, incidental, special, or punitive damages, including lost profits or any other claims against the Company. No legal action maybe brought by either party to this Agreement more than one year after the event giving rise to the cause of action has occurred
23. I certify the accuracy of all information provided by me in this Agreement and agree that the providing of false or misleading information authorizes the Company, at its election, to declare this Agreement void from its inception.
24. I will make no claims of therapeutic or curative properties regarding the Company products or claims involving the Smart & Rich Compensation Plan that are NOT contained in official Company literature that is produced and distributed by the Company.
The Company reserves the right to accept or reject any applicant and is under no obligation to offer any reason for rejection. If an Application is submitted through the Internet will be considered an original application.
Incomplete applications will not be accepted and are the sole responsibility of the Applicant. The Company is under no obligation to notify an applicant of an incomplete or faulty application. Sponsors are compensated for the sale of Products and those Products sold through their sales organization. No Smart & Rich Independent Distributor will ever be compensated for sponsoring. Without question, the sale of products to end consumers is the basis of the Company’s program and must be emphasized in all presentations.
Independent Distributors may not make any claims as to any therapeutic or curative properties of the Company’s products. The Company’s products are not intended to diagnose, treat, cure, Prevent, or mitigate any disease and should never be offered as such. Independent Distributors shall not suggest any diagnosis, prognosis, evaluation, treatment, description, management or remedy of illness, ailment or disease.
Independent Representatives may not make any false, unreasonable, misleading, or intentionally misrepresenting income projections to prospective or current Independent Representatives. Under no circumstances may Smart & Rich Independent Representatives recruit other Smart & Rich Independent Representatives for other Business Opportunities.
Independent Distributor may not make any claims as to any therapeutic or curative properties of the Company’s products. The Company’s products are not intended to diagnose, treat, cure, Prevent, or mitigate any disease and should never be offered as such. Independent Distributors shall not suggest any diagnosis, prognosis, evaluation, treatment, description, management or remedy of illness, ailment or disease.
Independent Distributors may not make any false, unreasonable, misleading, or intentionally misrepresenting income projections to prospective or current Independent Distributors . Under no circumstances may Smart & Rich Independent Distributors recruit other Smart & Rich Independent Distributors for other Business Opportunities.