Terms of Service

Terms of service for CardSmart, which contains information about your rights. When you use CardSmart, you’re agreeing to these terms.

The Terms of Service mentioned cover your use of and access to the websites, digital business cards, applications, tools and features (collectively, the "Services") provided by CardSmart. Our Privacy & Cookies Statement explains what personal information we collect and how it’s used and shared.

By using or accessing the Services, you're agreeing to these Terms and our Privacy & Cookies Statement (collectively, this “Agreement”). If you're using the Services for an organisation, you're agreeing to this Agreement on behalf of that organisation, and represent and warrant that you can do so.

If you don’t agree to all the terms in this Agreement, you may not use or access the Services. Please read this Agreement carefully, it includes important information about your legal rights, and covers areas such as automatic subscription renewals, warranty disclaimers, limitations of liability, resolution of disputes by arbitration and a class action waiver.

Please do not hesitate to contact us if you have any questions or suggestions.

1. Making an Order

Please ensure your information is accurate and up to date, whilst making an order. You’re responsible for all of the details on your business card. Remember you need to be at least 18 years old to use CardSmart.

1.1. Your Details

When making an order you agree to provide us with accurate, complete and updated information for your digital business card. We may need to use this information to contact you.

1.2. Eighteen & Older.

The Services are not intended for and may not be used by children under the age of 18. By using the Services, you represent that you're at least 18. Also, if you’re under the age of 18, you must have your parent or guardian’s consent to this Agreement, and they may need to enter into this Agreement on your behalf (depending on where you live).

2. Your Content

When you submit content to CardSmart, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your digital business card at your direction. We may also promote or feature your digital business card, but you can ask otherwise if you don’t want us to do that.

2.1. Your User Content Stays Yours.

Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

2.2. Your License To Us.

When you provide User Content via the Services, you grant CardSmart a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services.

2.3. Featuring Your Digital Business Card.

We may use in perpetuity, worldwide and free of charge, any version of Your Digital Business Card(as defined below), or any portion thereof, for the limited purpose of CardSmart marketing and promotional activities. For example, we may feature Your Digital Business Card as an example, or on our social media accounts. This can result in improved traffic to Your Digital Business Card. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Digital Business Card, and any right of inspection or approval of any such use of Your Digital Business Card. If you don't want Your Digital Business Card featured, you can opt out at any time by contacting support.

2.4. Routine Maintenance.

We include routine maintenance with each CardSmart to ensure your details are always current. Routine maintenance is limited to one change per month, and is covered within your yearly payment (covered in section 9.3. below). If you need additional changes our services are charged at $65CAN per hour (prices exclude HST at 13%). To make any changes to you CardSmart you can email your requirements to support@getcardsmart.ca

3. Your Responsibilities

You’re responsible for the content you publish on CardSmart, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t provide anything illegal. Keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things with CardSmart, remember that we can’t give you legal advice about it.

3.1. Only Use Content You’re Allowed To Use.

You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.

3.2. Follow Our Rules.

You're responsible for your conduct and User Content. We may review your User Content for compliance with these Terms. With that said, we have the right to determine what may be considered unsuitable material and to refuse to produce your CardSmart, in such circumstances. We’re not responsible for User Content.

3.3. Follow The Law.

You represent that your use of the Services is not contrary to law, including without limitation applicable export controls, regulations and sanctions.

3.4. Share Responsibly.

The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share via the Services.

3.5. Your Digital Business Cards & Your End Users Are Your Responsibility.

Your Digital Business Cards may have their own visitors and users (“End Users”). You understand and agree that Your Digital Business Cards and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Digital Business Cards and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide you with any legal advice regarding, Your Digital Business Cards or your End Users.

4. Third Party Services & Sites

If you follow a link to another digital business card, or work with someone you find through CardSmart, what happens is between you and them. We’re not responsible for any behaviour or results, which may ensue.

4.1. Third Party Services.

The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services, or marketplaces to connect customers and vendors. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

4.2. Third Party Sites.

The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

4.3. User Content.

We haven’t reviewed and can’t review all of the User Content made available via the Services. The Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating the Services, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services.

5. Our Intellectual Property

CardSmart is protected by various intellectual property laws. This section summarizes what we own and how we share.

5.1. CardSmart Owns CardSmart.

The Services are protected by copyright, trademark and other Canadian and foreign laws. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property, or others’ content in the Services. You agree not to change, translate or otherwise create derivative works of the Services.

5.2. We Can Use Your Feedback For Free.

We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

5.3. Our Demo Content Is For Private Use Only.

We may provide templates or other products featuring demo content including without limitation text, photos, images, graphics, audio, video and other materials (“Demo Content”), to provide you with ideas or inspiration. However, Demo Content is for private use only (unless stated in writing otherwise). You agree that you will not distribute, publicly display, publicly perform or otherwise publish any Demo Content (or any portion thereof).

5.4. Our Betas Are Still In Beta.

We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

6. Our Rights

To operate effectively and protect the security and integrity of CardSmart, we need to maintain control over what happens on our services.

6.1. Important Things We Can Do.

We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Digital Business Card; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

6.2. How We Handle Ownership Disputes.

Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend a digital business card until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

6.3. HTTPS Encryption.

We may offer HTTPS encryption for Your Digital Business Card. By registering a custom domain via the Services, or pointing a custom domain to the Services, you authorise us to create and maintain a certificate for the limited purpose of providing HTTPS for Your Digital Business Card.

7. Privacy

Our Privacy & Cookies Statement explains how we handle your and your site visitors’ information.

Be sure to read it carefully, as it’s part of our agreement. Our Privacy & Cookies Statement explains how we collect, use and share your and your End Users’ information. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy & Cookies Statement.

8. Copyright

We comply with copyright law, and respond to complaints about copyright infringement.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing, and to terminate Digital Business Cards of repeat infringers without any refunds.

9. Paid Services & Fees

For certain paid services, such as domain registrations and site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you cancel your subscription. You can do that anytime.

9.1. Fees.

Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time by contacting support. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you. Our fees will appear on an invoice that we provide via the Services, unless otherwise indicated.

9.2. Taxes.

All fees are exclusive of applicable government, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate. CardSmart trade under the registered business name SmackMedia Marketing. The registered Master Business Licence 300460383 number for SmackMedia Marketing.

9.3. Automatic Subscription Renewals.

To ensure uninterrupted service, we'll automatically bill you for Paid Services one year from the date you submit your initial payment and yearly thereafter until cancellation. We’ll automatically charge you the applicable amount using the payment method you have on file with us. After the first 12 months there is a yearly fee of $40CAN for the basic and premium packages, corporate client rates vary depending on service. Prices exclude HST at 13%. You can cancel a renewal at any time by contacting support. All agreements are for one year at a time only, and are renewed by mutual agreement.

9.4. Bespoke or Additional Updates.

In your routine maintenance we agree to make one change per digital business card per month. Any additional changes will be charged at $40CAN plus HST. You will be billed separately for this using the payment method you have on file with us. Failure to pay for agreed updates may result in suspension of your digital business card.

9.5. Refunds.

While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required.

9.6. Fee Changes.

We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.

9.7. Chargebacks.

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact support before filing a Chargeback. We reserve our right to dispute any Chargeback.

9.8. Our Payment Processor.

We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal, and your payments are processed by PayPal in accordance with PayPal’s User Agreement and Security Policy. We don’t control and are not liable for the security or performance of the Payment Processor. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

9.9. Company Trading Name.

CardSmart trade under the registered business name SmackMedia Marketing. All payments processed through PayPal will be paid to SmackMedia Marketing. The registered Master Business Licence number for SmackMedia Marketing is 300460383.

9.10. Fees For Third Party Services.

Third Party Services purchased via the Services may be subject to different refund policies that those Third Party Services determine, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We don’t offer refunds for purchases of Third Party Services.

10. Domains

This section explains how we provide our domain services. Note that your domain registrations are also subject to agreements with third parties, including ICANN and our third party registrar partners.

10.1. Reseller Services.

We work with third party registrars to provide you with domain services. When you register a domain name, or renew or transfer an existing domain name, via the Services, you become bound by the relevant registrar’s terms and conditions, which are incorporated by reference into this Agreement. Currently, the registrar for the Services is MobiFirst, and all registrations and renewals via the Services are subject to the MobiFirst Terms of Service.

10.2. Selection of Domains.

We may include packages which include a .com domain name for an additional fee. This domain name will most commonly be www.yourname.com. In the event that a .com domain with your name is already taken we will register a similar domain for you (e.g. www.yournameyourarea.com).

10.3. ICANN.

Your use of our domain services are subject to the policies, including without limitation the dispute resolution policies, of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.

10.4. Transfers, Renewals & Refunds.

You may not transfer a domain name for the first sixty (60) days following registration. Your renewals are incorporated in your yearly fee. In the event of you transferring your domain to your own account you will be held responsible for domain renewal. We don't offer refunds for domain purchases, renewals or transfers.

11. Hosting

Hosting is the service that allows individuals and organisations to make their website accessible via the internet. CardSmart host and backup each of the digital business cards we create on secure servers. This section explains how we provide our hosting services. Note that hosting packages are also subject to agreements with third parties and our third party registrar partners.

11.1. Reseller Services.

We work with third parties to provide you with hosting services. When you purchase a digital business card it must be hosted in order to be made accessible via the internet. When you are added to a hosting plan, via the Services, you become bound by the relevant server hosts terms and conditions, which are incorporated by reference into this Agreement. Currently, the server host for the Services is MobiFirst, and all registrations and renewals via the Services are subject to the MobiFirst Terms of Service.

11.2. Hosting Agreement.

CardSmart must host each of the digital business cards we create on our chosen servers. We do not, under any circumstance allow access to our server via FTP or otherwise. Your business card files cannot be hosted on another server and any files in relation to your digital business card remain property of CardSmart and will not be shared.

11.3. Transfers, Renewals & Refunds.

You may not, under any circumstance transfer your digital business card to another hosting account. Your renewals are incorporated in your yearly fee. We don't offer refunds for hosting renewals.

12. Terms & Termination

Either party can end this agreement at any time.

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact support or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.

13. Warranty Disclaimers

We work hard to make CardSmart great, but the Services are provided as is, without warranties.

To the fullest extent permitted by law, CardSmart makes no warranties, either express or implied, about the Services. The Services are provided “as is.” CardSmart also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from CardSmart shall create any warranty. CardSmart makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

14. Limitation Of Liability

If something bad happens as a result of your using CardSmart, our liability is capped.

To the fullest extent permitted by law, in no event will CardSmart be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not CardSmart has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of CardSmart for all claims arising out of or related to the Services and this Agreement exceed the greater of forty Canadian dollars ($40CAN) or the amounts paid by you to CardSmat in the twelve (12) months immediately preceding the event that gave rise to such claim. Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

15. Indemnification

If you do something that gets us sued, you’ll cover us.

To the fullest extent permitted by law, you agree to indemnify and hold harmless CardSmart from and against all claims, damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content and Your Digital Business Card; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

16. Dispute Resolution

Before filing a claim against CardSmart, you agree to try to work it out informally with us first. All formal disputes must be resolved through arbitration following the rules described below, unless you opt out of arbitration following the procedure described below. Claims can only be brought individually, and not as part of a class action.

16.1. Informal Resolution.

Before filing a claim against CardSmart, you agree to try to resolve the dispute by first emailing legal@getcardsmart.ca with a description of your claim. We'll try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within thirty (30) days of our receipt of your first email, you or CardSmart may then bring a formal proceeding.

16.2. Arbitration Agreement.

You and CardSmart agree to resolve any claims arising from or relating to the Services or this Agreement through final and binding arbitration and you and CardSmart expressly waive trial by jury, except as set forth below. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

16.3. Arbitration Opt-Out.

You can decline this agreement to arbitrate by emailing us at legal@getcardsmart.ca within thirty (30) days of the date that you first agree to this Agreement (“Opt-Out Period”). Your email must include your full name, residential address and a clear statement that you want to opt out of arbitration. If you opt out of arbitration pursuant to this Section 15.3, then Sections 15.2 and 15.4 of these Terms do not apply to you. This opt-out doesn’t affect any other sections of the Terms, including without limitation Sections 15.6 (Judicial Forum For Disputes; Time For Filing), 15.7 (No Class Actions) and 16.2 (Controlling Law). If you have any questions about this process, please contact legal@getcardsmart.ca.

16.4. Arbitration Time For Filing.

Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.5. Exceptions To Arbitration Agreement.

Either you or CardSmart may assert claims, if they qualify, in small claims court in Thunder Bay, ON. Canada. Either you or CardSmart may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

16.6. Judicial Forum For Disputes; Time For Filing.

If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 15.3, you and CardSmart agree that any judicial proceeding (other than small claims actions) must be brought exclusively in the courts of Ontaio, Canada and you and CardSmart consent to venue and personal jurisdiction in those courts. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.7. No Class Actions.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.

17. Additional Terms

This Agreement is the whole agreement between us regarding your use of CardSmart. If we ever change it in a way that meaningfully reduces your rights, we’ll give you notice and an opportunity to cancel. Also, if you’re reading this in a language other than English, note that the English language version controls.

17.1. Entire Agreement.

This Agreement constitutes the entire agreement between you and CardSmart regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.

17.2. Controlling Law.

This Agreement and the Services shall be governed in all respects by the laws of Canada, without regard to its conflict of law provisions.

17.3. Waiver, Severability & Assignment.

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

17.4. Modifications.

We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.

17.5. Translation.

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.