Terms of service
By clicking on the field “I have read and agree with the Smile One Terms of Use” on the registration page, the user or their guardian will be agreeing with the terms here present. That is why it is important to read this document before using the services on our website. If you do not agree with these terms, we kindly ask you not to use Smile One's services and send us a message informing us on which points you do not agree, so that we can always improve.
I. The Parties
The following are parts of this Smile One Term of Use (hereinafter referred to as "Agreement"):
a. Smile One, online game top up store based in Hong Kong.
b. For the purposes of this contract, the Smile One User (“User”) is the person identified when filling out the “registration” form, available on the Smile One website (“Smile One”). These data are personal and non-transferable, presuming to be true for all legal purposes and effects, exclusively and directly responding to the User for such veracity. In addition, the User must have a valid e-mail and password ("Password") which will be the personal and non-transferable identification of each User Account. If the User is under the age of 18, registration of a User Account and adherence to this Agreement must be carried out with the representation or assistance of the parent or guardian.
II. General terms and conditions
1. REGISTRATION AS USER;
1.1 You become a user by completing the registration of a Smile One user account or by using the recharge services offered on our website. This Agreement is effective as soon as you indicate your acceptance of the terms of this document.
1.2 You may not reveal, share or otherwise allow other people to use your password to access Smile One. Account information is personal and non-transferable. Smile One is not responsible for activities carried out on the account by third parties, regardless of the holder's authorization.
1.3 Any use of the Smile One Account owned by you, with your login and / or password, will be considered as having been made by you, and you will be responsible for it, for the security of your computer system and your internet connection.
1.4 Smile One is not responsible for the use of your password and Account, nor for all communications and activities on the website that result from the use of your ID and password.
1.5 You may not sell, charge others for the right to use the Smile One Account that you own, transfer, assign, give / offer as payment, nor transfer any Products you own.
2. PRODUCTS
2.1 You acknowledge that, for any product purchased through Smile One, the store will be a mere intermediary between you and the software developers or publishers. You also recognize that some delivery delays may be due to problems faced by the developer and not the payment system.
2.2 The User expressly acknowledges that Smile One and its games available in its store, together with the logos, brands, insignias, symbols, distinctive signs, documentation and any other materials related to these computer programs, constitute, as the case may be, copyrights, trade secrets, and / or proprietary rights of Smile One or its licensors, these rights being protected by national and international legislation applicable to intellectual property, copyright and business and industry secrets. In no event will these goods and rights be transferred to the User, either as a result of the purchase of a Product, or in view of its use.
2.3 The User is prohibited from selling products offered by Smile One services. Smile One is not responsible for top ups made outside its website.
2.4 The User agrees that Smile One is not responsible for the content created by the developer of each of the games, nor is it responsible for the correction of any “bug”, anomaly, unavailability, maintenance and for contents incompatible with the Users' devices. To solve possible problems related to this, the User must contact the support of the developer in question.
2.5 All rights are reserved and in case of non-observance of these rights, legal and rights provisions will be adopted by Smile One, the game platform and / or the developer.
3. BILLING, PAYING CREDITS AND ACQUISITION OF OTHER PRODUCTS.
3.1 The User may purchase credits through the payment platform offered on our website. The payment methods accepted on the website are Credit Card payment, Boleto, Bank deposit and Lottery payment.
3.2 When opting for payment through one of the modalities described above, the User will be expressing his decision to acquire the credits offered by Smile One in the manner defined by this Agreement.
3.3 The User declares to be aware that the exchange and / or commercialization of credits between Users involving money or real world values is permitted;
3.4 Failure to comply with this clause will be considered a violation of the terms of this agreement and will result in the revocation of the transaction carried out, with the consequent cancellation of credits with the platform on which it is made available. Any questions about the regularity of the transaction should be directed to customer support at Livechat.
3.5 Smile One will not be able to make available to the User, nor will it be responsible for credits acquired outside its website.
3.6 Smile One reserves the right to modify the payment methods and authorized credit cards at any time, making such information available on the website.
3.7 Any and all problems with the payment method chosen by the User must be immediately reported to Smile One through its customer support on Livechat or through its customer service email.
3.8 In case the User is under 18 years old, any purchase at Smile One must be made together and in the presence of the parents and / or guardians.
4. ILLEGAL CONDUCT, CHEAT AND BEHAVIOR
4.1 The User, when recharging on the Smile One website, is aware and agrees that with the platform that makes the Software available, there are inappropriate conduct that must be observed and respected.
4.2 Conduct considered irregular is defined by the developers of the Software and / or the Platform to which the software is linked and may result in punishment for the User.
9.3 The User agrees that, in addition to the preventive and / or corrective maintenance provided for above, access to Smile One and / or the Products may also be interrupted due to Force Majeure, Fortuitous Events and any other reason beyond the control and will of the Smile One, developers and platform.
4.4 Smile One is not responsible for any measure taken by the developer of the Software or the Platform that may result in sanctions for the User, which are their sole responsibility.
4.5 It is the User's obligation to know Smile One's Rules of Conduct, who declare to be aware of its content and the sanctions provided for therein.
4.6 In the event of the practice of any of the Irregular Conducts, suspected of involvement in illegal activities, in addition to applying the corresponding penalties to the User, Smile One may reveal to the police, administrative or judicial authorities, the registration data of the User who has performed any act that imply a violation of Smile One's Rules of Conduct, the laws of the Federative Republic of Brazil and / or the rights of interested third parties.
5. 5. PASSWORD AND ID SECURITY
5.1 The User must keep his Password confidential. If the User has reason to believe that his Password has been discovered in any way by third parties, he/she must change it immediately on the Site.
5.2 The User agrees that he/she is responsible for all acts performed through his User Account and that Smile One does not protect him against the unauthorized use of his Account.
5.3 Smile One will not be responsible for any personal information that the User discloses to third parties, including their Login and Password. Smile One will not be responsible for any damages that the User may suffer due to having disclosed his personal information.
5.4 For all purposes, Smile One understands that all actions performed by the User Account were performed by the holder, and cannot be held responsible for actions performed on User Accounts.
6. OWNERSHIP AND VERACITY OF INFORMATION
6.1 It is the duty of the User to provide true, accurate and correct information at the time of registration, as well as to keep it updated.
6.2 Smile One reserves right not to change the data that prove the ownership of the Account, namely: the registration name and the date of birth. Any corrections may be made, as long as they do not imply a change in account ownership.
7. 7. ELECTRONIC ADDRESS
7.1 It is essential for the registration of the Account and for access to the credits, as such, that the User has a valid electronic address ("email"). Smile One recommends that the User make sure that his email box is able to receive messages from Smile One.
7.2 The User agrees that Smile One uses the informed email to send information about the Product, general information or any other notifications that are necessary.
8. INTERNET ACCESS
8.1 Smile One does not provide Internet access, the User is responsible for all costs associated with his Internet connection.
9. INTERRUPTION OF SERVICES
9.1 Smile One reserves the right to interrupt access to the website, whenever necessary to perform any type of maintenance, which will be duly notified to all Users in advance.
9.2 The User declares to be aware that the developers may interrupt access to the Software, periodically, scheduled or not, to carry out maintenance and corrections, and the notification to Users is the sole responsibility of the developers and the platform.
9.3 The User agrees that, in addition to the preventive and / or corrective maintenance provided for above, access to Smile One and / or the Products may also be interrupted due to Force Majeure, Fortuitous Events and any other reason beyond the control and will of the Smile One, developers and platform.
10. CONTRACTUAL TERMINATION
10.1. You can cancel your Smile One account at any time.
10.2 Canceling a Smile One Account, terminating the use of any Product, or requesting that access be terminated, will not entitle you to any refund.
10.3 Smile One may cancel your Account at any time if you breach any terms of this Agreement (including any License Terms or Rules of Conduct).
10.4 If your Smile One Account is terminated or canceled due to a breach of this Agreement or illegal activities, no refund will be granted, including any License fees.
11. GENERAL PROVISIONS
11.1 This Agreement, which must be interpreted in conjunction with the Rules of Conduct, is the only instrument to govern the relationship between Smile One and the User. Smile One may change this Agreement at any time at its sole discretion, and this change will become effective upon its disclosure through the official website. Whenever the User agrees to this Agreement, he/she will be ratifying his broad and unrestricted acceptance of all the terms and conditions of the same, as well as with any changes that the Agreement may receive.
11.2 In the event that any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired. In this case, the provision considered invalid, illegal or inapplicable should be replaced by another that leads the parties to the same desired economic and legal result.
11.3 The parties acknowledge and declare that the non-exercise or delay in exercising any right guaranteed to them by this Agreement or the law will be considered as a mere liberality and will not constitute novation or waiver of these rights or the other clauses contained herein. The waiver, by either Party, of any of these rights must be interpreted restrictively.
12. Applicable Law and Venue
12.1 The laws of Hong Kong applies to this Term of Service. Any controversy or claim arising out of or relating to this Term of Service, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution (AAA-ICDR) in accordance with its International Arbitration Rules.
13. Refund policy
13.1 When making a purchase at Smile One the customer must be aware of the refund policies for the product to be purchased. Visit the official website of the developer of the game or application and find out the conditions for the refund.
13.2 Customers who wish to request a refund should contact the developer of the game or application directly. Considering that Smile One has no control over the product purchased by the customer, that is, it acts as an intermediary, in which it informs the developer that the payment was successful, technically it cannot make refunds, as the operation exceeds its capabilities.
13.3 If you are the direct buyer of Smile One and need to make a refund, Smile One can assist you by providing proof of payment, as long as the required information is sent. With it, the customer can contact the developer and request a refund. The receipt will not be sent to third parties.
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