This Agreement is official and regulates relationships between Smarty Sale (hereinafter – the "Service"), acting as the service provider, and you, as a service consumer (hereinafter – the "Client"), and becomes effective immediately upon your registration on the Service website or by using its components.
1.1.Smarty Sale is an online Service rendering services that allow its Clients to receive back some part of the money paid for products and services on Online Shopping Sites (Shops or Stores are retail businesses offering their products/services to Clients through the Service website). This money is called "cashback".
1.2.To get cashback it is necessary to follow a link to the Online Shopping Site you have selected and buy something from there according to standard procedure. There is, however, a number of conditions the Client should comply with. These can be found here: https://smarty.sale/us/recommendations.html. Provided your have bought something from an Online Shopping Site, subject to all conditions, and have not refused from the product (or service), then such Online Shopping Site will pay out a fee to the Service (the pre-arranged amount which a Shop pays to the Service as a reward for attracting the customer, who made a purchase subject to the conditions hereunder), while the Service pays the warranted cashback rate, as indicated on the Shop page, to its Client. This process requires, in average, 30 days.
1.3.The Service cannot be held liable for failed cashback accruals if the Shop does not provide the information on purchases.
2. How to become a Client
2.1.To become a Client of this Service you should be at least 18 years old. The Client is expected to follow the registration procedure on the Service website. The sign up is required to create Client's user profile and their internal account which will be used to pay cashbacks for shopping via the Service.
2.2.Our rule is one account for one user only. Otherwise, the Service reserves the right to suspend or remove duplicate accounts.
2.3.If the user successfully signed up on the Service website and created their profile, he or she will become a Client automatically.
2.4.Do not say your login and password to other people, do not keep it on other computers, phones or tablets, or the Service will not be liable for any damage caused to the Client otherwise.
2.5.If the Client of the Service fails to comply with the conditions hereunder, or violates any rights of the third party, or poses a threat to its normal operation, the Service has the right to suspend the Client's account for subsequent termination.
2.6.The service can introduce functional changes to the site operation, to alter cashback accrual rules, and to modify the provisions hereof.
2.7.If for some reason you have changed email address or other details you provided during the registration, make sure you updated them in your profile, otherwise you may have issues using the Service.
3. Getting cashbacks
3.1.All cashback will be automatically transferred to the Client's account, provided that the Client made a purchase from an Online Shopping Site via the Service, and the Shop has paid out the fee in the amount previously agreed to the Service. If your balance reaches a sum of 5 RUB / 5 UAH / 0.4 USD / 0.4 EUR, you may receive payouts by any payment method of your convenience (the list of payout methods available can be accessed on the "Payouts" page in your profile).
3.2.The Service determines the cashback rate for each Shop at his sole discretion and can change it any time.
3.3.To ensure your get your cashback you must not make multiple purchases in short period of time at the shops having the fixed cashback rates, otherwise you are taking the risk of losing cashback. Such actions may be also viewed as a fraud and you will be banned.
3.4.To increase you chances of getting cashbacks, please read the tips on using this Service from on this page: https://smarty.sale/us/recommendations.html.
3.5.Please be advised that an Online Shopping Site may be experiencing some technical issues and will be unable to identify the fact of ordering and thus will not pay the fee to the Service. Such situations may be due to viruses or additional browser plugins installed on your computer.
4. Getting bonuses and other rewards
4.1.Referral program. The Service provides its Clients with the opportunity to earn from orders made by invited friends. Other users who signed up via the link provided by you (the link is posted on the Referral program page and can be accessed from your Client profile on the Service) will automatically become your referrals. You will get 5% of their every cashback (cashback is accrued subject to the rules of this Agreement). The Service reserves the right to alter the conditions of the referral program or terminate it any time at his sole discretion.
4.2.The Client must not create fictional referral partners of their own in order to form an artificial referral network so he or she can receive more rewards. Should such referral "networks" be found, all its members will be banned permanently, with no chance of getting the payouts so far accrued.
4.3.The Service prohibits its Clients to send spam on the pretext of the referral program. If you wish to report to us about instances of spam using our referral program, please send email to email@example.com and we'll act appropriately.
4.1.Coupons/promo codes. These are special codes that enable higher cashback rates if activated (you can activate them from the "Coupons/ promo codes" page) or offer special deals as provided by the Service. Coupons/ promo codes are issued by and effective for the service and are available only to Clients. The validity period of coupons/promo codes is fixed by the Service management.
18.104.22.168. Providing any other bonuses or rewards are subject to the terms and conditions accompanying such special offers. Separate terms and conditions should be applied to accruals and payouts of special bonuses and rewards, should they be different from the provisions hereunder.
5.1.For payouts from your internal Client account on the Service you may try any method of payment provided on the Service website. For payouts, you should meet the following requirements:
•the payout amount must be not less than 5 RUB / 5 UAH / 0.4 USD / 0.4 EUR;
•You must fill the payout application form indicating the sum and the method of payment.
5.2.The Service will send you email notification on the address you provided during the registration.
5.3.Please, give only real details, the same as for registration.
5.4.As soon as we have approved your application and paid the funds ordered, from this moment we are released from any liability for whatever may happen to your money. The Service reserves the right to change payout conditions any time at his sole discretion, by sending email notification to his Clients.
5.5.The Service is not a tax agent for the Client, so cashback payments will be free from taxes normally applied in the Client's home country (you are only charged by specific payment systems you choose for money transfer). Client's tax liabilities, if any, due to payouts from the Service are exclusively for the Client's compliance.
6. Authority and responsibilities
6.1.The Service does not sell any products or services, but serves as an advertising platform for Online Shopping Sites to publish information about their products / services.
6.2.The Service is not responsible for the quality of goods sold or services rendered by Online Shopping Sites. All claims against the quality of products / services should be addressed directly to the person or entity in charge of selling specific product or rendering specific service.
6.3.The Service is not responsible for changes or cease in operation of any Shop listed on the Service website, as well as for any effect it may have on cashback accruals resulting from such changes. The Service is not responsible for any changes in or terminations of special deals, promo codes or coupons on Online Shopping Sites.
6.4.The Service shall be only liable for direct losses or inconveniences as stipulated hereunder and caused due to action or inaction by the Service staff.
6.5.The Service reserves the right to remove the Client's profile and account not used within 180 days.
7. Limit of liability by the Service
7.1.The Service does not render financial services. The Service, based on relevant agreements, is an agent for Online Shopping Sites and provides them services of attracting new Clients – consumers.
7.2.The Service neither manages nor arranges sales of any products / services, nor provides merchandising services, nor is it a retailer; we cannot influence the pricing policy of Shops and do not specify terms and conditions of their actions or promotions.
7.3.All rights and mutual obligations arising due to selling and buying any products and/or services are explicitly between the Client and Online Shopping Sites, even if the Service is used to access such products and/or services.
7.4.The Service is not liable to Clients or any third party for any damage, including but not limited to lost profit or lost data, damage to reputation or dignity, caused due to using the Service.
7.5.The service shall not be responsible for any content from Online Shopping Sites, including but not limited to the liability for infringement of copyright or neighboring rights on intellectual property.
8. Intellectual property
8.1.By registering with the Service, or using any of its components, you recognize the fact that the Service is the owner of all the contents published on it. Smarty Sale brand, trademarks and logos of Shops, as well as other data published and available on the Service website are intellectual property of their respective owners.
8.2.No one can copy, distribute, demonstrate in public or create clones of the Service website, or use any materials owned by the Service, without having obtained any prior official permission from the Service.
8.3.By using our services or any materials owned by the Service, you agree and undertake to follow all additional guidances regarding the protection of copyrighted materials and trademarks present on the Service, as well as all other guidances and limitations.
9.1.The Service guarantees the privacy of your personal data that you have provided during the registration on the Service website and which will be used in accordance with the applicable data protection laws.
9.2.Who can see your personal data. Your personal data on the site can be accessed by the Service staff only for the technical purpose of cashback transfer on your account. Should it occur the Service must disclose the information about the Client to render a service (e.g. for money transfer), these data are to be provided subject that the information given is private and may be used explicitly for this purpose. The Service reserves the right of disclosing your personal data if so required by law or legal judgment.
9.3.Your right to privacy in the Service. Any of your contacts to the Service support which includes your personal data will be used solely to address your issue. Any private information you provided will not be saved or used for any other purpose except as in solving your issue.
9.5.Your right to privacy with our Partners. The Service does not transfer any Client's personal data to his partners and Shops. However, order details, order number and its sum can be made available to us or our partners, or a third party to our affiliate program, with the purpose of tracking your orders more correctly. These details will not be disclosed to anyone else.
10. Assignment of rights and obligations
10.1.The Service reserves the right to assign its rights, partially or in full, subject to this Agreement to any person or corporate entity.
10.2.The Client shall not infringe the provisions of this Agreement, nor assign, unilaterally, their rights or liabilities to third parties, without prior written consent of an official representative of the Service.
11. Breach of the Client Agreement
11.1.The Service reserves the right, at his own discretion, to suspend Client's account or ban any Client from accessing the Service, if the Client violates the conditions hereunder.
11.2.Any attempts of fraud by the Client entail the removal of this Client's account. The cashback accrued at the moment of the removal, if any, shall pass under the control of the Service.
11.3.In case you have found or believe any of the conditions mentioned above is violated, please lets us know at firstname.lastname@example.org. We'll consider your case and take appropriate measures.
12. Service operation failures
12.1.We admit there may be occasional failures in Service operation due to technical reasons or improper activity of a third party. The Service then reserves the right to temporarily suspend operation until threats or errors have been removed. For all cases of Service malfunction, we will not satisfy any claims concerning cashback refunds.
12.2.The Service reserves the right to cancel transactions during Service operation failure should there be objective causes or suspicions of fraudulent activity.
12.3.The Service undertakes to fix technical issues as soon as possible.
13. Advertising campaigns / Marketing
13.1.According to the provisions of this Agreement, the Client gives the Service the irrevocable right to use and publish Client's data (personal data, statistics, and etc.) for advertisement or marketing, as well as in any publications of this kind.
14. Email and messaging service policy
14.1.The Service sends several types of messages by email:
•cashback accrual notifications, balance status updates, confirmed orders;
•updates regrading services;
•actions and special deals;
•"Savings Tips and Tricks" newsletter;
•Miscellaneous service messages.
14.2.By accepting the conditions hereunder, the Client gives his or her permission to receive such emails. In every message the Client will have the option to unsubscribe from newsletters.
14.3.It is the responsibility of the Client to update and provide correct contact details in their profile. You can modify details in your profile by accessing the "Settings" page.
15. Validity period of the Agreement and disputes resolution.
15.1.This Agreement shall be deemed effective upon User registration on the Service website and remains so until your account is removed.
15.2.This Agreement and Service cooperation with Clients, as well as every Client separately, shall be within the confines of the applicable law.
15.3.All disputes arising during the effective period between the Service and the Client shall be resolved amicably through negotiations.
15.4.In case of failure to resolve disputes by mutual agreement, these shall be settled by court proceedings in conformity with the law which can be applied to the relationship between the Client and the Service.
15.5.We keep separately every Agreement with our Clients. You can always view it on the Service website.
16.1.You can communicate to us or ask questions by sending a message on this address: email@example.com, or directly by inquiry from your profile.