Terms & Conditions – Google Direct Carrier Billing Service
General
These Terms and Conditions of Use (the “Terms of Use”) apply to the Google
Direct Carrier Billing (DCB) service (the “Service”) with Smart
Communications Inc. (“Smart”) as the Carrier partner of Google for mobile
payment transactions on the Google Play Store. It is important that you
take the time to read them carefully. The Terms of Use form a legally
binding agreement between you and Smart in relation to your use of this
Service. BY USING THIS SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS
OF USE; IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT USE THIS
SERVICE. Smart reserves the right, at its sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time. It is
your responsibility to check these Terms of Use periodically for changes.
Your continued use of the Service following the posting of changes will
mean that you accept and agree to the changes. As long as you comply with
these Terms of Use, Smart grants you a personal, non-exclusive,
non-transferable, limited privilege to use the Service. Google Direct
Carrier Billing with Smart allows you to charge Application purchases in
the Google Play Store to your prepaid airtime load or your postpaid bills.
All purchases are made from Google and existing Google Play Terms of
Service and proprietary rights apply, including Google refund policy.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an
emancipated minor, or possess legal parental or guardian consent, and are
fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of
Use, and to abide by and comply with these Terms of Use. By using the
Service, you represent and warrant that you have the right, authority, and
capacity to enter and to abide by all of the terms and conditions of this
Terms of Use.
Definitions
'Application' means any software program or other downloadable digital
content (together with any applicable documentation or end user license
agreement) created by a third party application developer or publisher
that you have purchased or licensed from the Google Play Store and
includes any in-application purchase for the same. 'Smart System' means
the computer software and systems that enable Smart to provide billing
and/or collection services on behalf of Google Play. 'Service' refers to
Google Direct Carrier Billing with Smart as the Carrier partner of Google.
This is the facilitation of the billing of your purchase, license and/or
subscription of Applications via your mobile postpaid bill or prepaid
airtime enabled by the Smart System. 'Vendor' refers to the third party
authorized application or content developer who has entered into a
contract with Google to sell and/or license their Applications to end
users through the Google Play Store.
Your Use of the Service
This Service is limited to customers of Smart and other related brands.
You must be the true owner of the Smart account to use this Service. If
not, permission must be attained from the respective account holder to
charge the account accordingly. You are solely responsible for maintaining
confidentiality of personal account credentials and information in using
this Service including, but not limited to, Google Play Username,
password, and activities and transactions that occur under your account.
You must notify Google, the Vendor and/or Smart customer care for any
detected unauthorized use of your account or password, or any breach of
security. In order to activate the Service, you authorize Google to push
SMS notifications to associate your Smart account to your Google Account.
Smart shall not be liable for any delay in or for failure to perform
obligations under this Agreement if that delay or failure is caused by
circumstances beyond Smart’s control or by a third party. Smart has no
control over the Applications provided via Google Play and is not
responsible to ensure that these will not contain or promote anything
defamatory, illegal or discriminatory. Each Application and your use of it
is subject to the terms and conditions contained in the Vendor’s end user
license agreement, as set out on their website or WAP site or as otherwise
provided to you by them. You may also be subject to the applicable terms
and conditions of Google. Smart does not provide any operational or
technical support for Google’s functions and Vendor’s Applications. Google
and the Vendor may provide such support. Aftersales support instructions
are provided in your e-mail receipt, sent by Google to the designated
email of your Google Account. Smart may suspend your use of the Service
where it is suspected that there is unauthorized or fraudulent use. In the
event that your use is suspended pursuant to this clause, you may be
barred from future use of the Service. Smart may implement a
per-transaction value limit or per-calendar month spending limit. Such
limit may cause temporary suspension of your use of the Service once such
limit has been reached. For added customer experience, you authorize Smart
to send push notification to you for activities in relation to the Service
If you transfer to another carrier, you will be deemed to have cancelled
the Service and will be subject to the terms and conditions of the other
carrier after the transfer is completed, if applicable. Notwithstanding
the above, you will remain responsible for all fees and charges incurred
as a Smart customer. You may request from Smart for your mobile number to
be blocked or barred from using the Service. Smart reserves the right to
remove the facility to pay using your SMART Account without prior notice.
Charges and Payment
Prices for Applications are determined by the Vendors and are subject to
adjustment or taxes or currency exchange rates determined by them. Smart
may charge additional fees on top of the published price determined by
Google and/or Vendor to and may make changes to the applicable fees for
the Service, at any time, without notice. If you are a postpaid
subscriber, you agree and acknowledge that your acceptance of a charge
during the transaction process will entitle Smart to collect payment
through your postpaid mobile service bills. Charges will apply within 24
hours of transaction. Transaction will be reflected on the respective
monthly phone bill. If you are a prepaid subscriber, you agree and
acknowledge that your acceptance of a charge during the transaction
process will entitle Smart to deduct your airtime load. Charges will apply
within 24 hours of transaction. Your prepaid airtime balance will be
deducted accordingly. If you subscribe to a subscription service on an
Application, you will be billed in accordance with the subscription,
frequency and price indicated at the time of your subscription. You are
required to refer to the applicable subscription cancellation.. The
cancellation request has to be made to Google and the respective Vendor.
If the subscription is not cancelled prior to the renewal date, you may no
longer have the right to cancel or receive a refund and any cancellation
will take effect from the following renewal period.
Refunds and returns
All purchases of Applications are considered final. Refund policy of
Google will apply The whole amount of the respective purchase will be
refunded from refunds claimed from Google or the respective Vendor If you
are a postpaid subscriber, your purchase cancelations and refund
transactions from Google and/or from respective Vendor will be applied in
the respective monthly billing period through billing adjustments. Refunds
will apply within 24 hours of confirmed cancel or refund transactions. If
you are a prepaid subscriber, your purchase cancelations and refund
transactions from Google and/or from respective Vendor will be added to
your current balance. Refunds will apply within 24 hours of confirmed
cancel or refund transactions. If your postpaid account has been
incorrectly debited, you must notify Smart within 21 days from statement
date. If your prepaid balance has been incorrectly deducted, you must
notify Smart immediately of said transaction. Current refund policy of
prepaid for Value Added Services will apply. Refund policy of Smart does
not apply to any issues relating to the operation or performance of Google
Play or the Application. All refunds or disputes relating to Google Play
and/or the respective Application should be referred to the relevant
Vendor.
Personal Data
By using this Service, you consent to your Personal Data being collected,
used and/or disclosed to or by Smart, Google and Vendors for the purpose
of providing you the Service. You further agree that we may share your
personal data with Google, or Vendor or service providers who provide
operational services to Smart, such as, telecommunications, information
technology, payment, payroll, processing, or other services to Smart for
the purpose of providing this Service.
Disclaimers
The Service is supplied on an "as is" basis without any express or implied
warranties except for those as may be provided for by fair business
practice under Philippine relevant laws and regulations. You hereby waive
any and all claims for service fees, compensations or other benefits as
well as claims for liabilities, attorney's fees suits, costs and for any
special, indirect, incidental or consequential damages OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES, RESULTING FROM THE USE OF OR THE
INABILITY TO USE THE SERVICE, THE PERFORMANCE OF THE SERVICE, OR DAMAGES
FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS OPPORTUNITIES, BUSINESS
STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGES, OR
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, against SMART or its officers, directors and
employees or any of its affiliates, subsidiaries, suppliers or parent
corporation(s) resulting from or arising out of the use (or inability to
use) and access of the SERVICES rendered by SMART by virtue of these Terms
of Use. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE GOOGLE PLAY
STORE AND ANY OF THE APPLICATIONS. SMART SHALL NOT BE LIABLE FOR THE
QUALITY OR PERFORMANCE OF APPLICATIONS ACCESSED THROUGH THE SERVICE OR THE
GOOGLE PLAY STORE Smart reserves the right to do any of the following, at
any time, without notice: (1) to modify, suspend or terminate operation of
the Service; (2) to modify or change the Service, and any applicable
policies or terms; and (3) to interrupt the operation of the Service, or
any portion of the Service, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
Violation of These Terms of Use
Smart may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection
with any investigation or complaint regarding your use of the Service, or
to identify, contact or bring legal action against someone who may be
causing injury to or interference with (either intentionally or
unintentionally) Smart’s, Google’s, or Vendor’s rights or property, or the
rights or property of visitors or users of the Service, including Smart’s
customers. Smart reserves the right at all times to disclose any
information that Smart deems necessary to comply with any applicable law,
regulation, legal process or governmental request. Smart also may disclose
your information when Smart determines that applicable law requires or
permits such disclosure, including exchanging information with other
companies and organizations for fraud protection purposes. You acknowledge
and agree that Smart may preserve any transmittal or communication by you
with Smart through the Google Play Store, Application/s or any channel in
relation to the Service, and may also disclose such data if required to do
so by law or Smart determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these
Terms of Use, (3) respond to claims that any such data violates the rights
of others, or (4) protect the rights, property or personal safety of
Smart, its employees, users of or visitors of the Google Play Store, and
the public. You agree that Smart may, in its sole discretion and without
prior notice, terminate your access to the Service and/or block your
future access to the Service if we determine that you have violated these
Terms of Use or other agreements or guidelines which may be associated
with your use of the Service. You also agree that any violation by you of
these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to Smart, for which monetary
damages would be inadequate, and you consent to Smart obtaining any
injunctive or equitable relief that Smart deems necessary or appropriate
in such circumstances. These remedies are in addition to any other
remedies Smart may have at law or in equity. You agree that Smart may, in
its sole discretion and without prior notice, terminate your access to the
Service, for cause, which includes, but is not limited to, (1) requests by
law enforcement or other government agencies, (2) a request by you
(self-initiated account deletions), (3) discontinuance or material
modification of Google or any Application offered on or through the Google
Play Store, or (4) unexpected technical issues or problems. If Smart does
take any legal action against you as a result of your violation of these
Terms of Use, Smart will be entitled to recover from you, and you agree to
pay, all reasonable attorneys’ fees and costs of such action, in addition
to any other relief granted to Smart. You agree that Smart will not be
liable to you or to any third party for termination of your access to the
Service as a result of any violation of these Terms of Use.
Changes to the Terms
Smart reserves the right to modify these Terms of Use at any time and
without prior notice to you. Such modified Terms of Use shall be effective
when posted at the Google Play Store for Smart Direct Carrier Billing.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the
Service, including all disputes, will be governed by the laws of the
Republic of the Philippines without regard to its conflicts of laws
provisions. You agree to the personal jurisdiction by and venue in the
appropriate courts of Makati City, Philippines, and waive any objection to
such jurisdiction or venue. Any claim under these Terms of Use must be
brought within one (1) year after the cause of action arises otherwise
such claim or cause of action is barred. No recovery may be sought or
received for damages other than out-of-pocket expenses, except that the
prevailing party will be entitled to costs and attorneys’ fees. In the
event of any controversy or dispute between Smart and you arising out of
or in connection with your use of the Service, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable
to resolve any such dispute within a reasonable time (not to exceed thirty
(30) days), then either party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through mediation, then the
parties shall be free to pursue any right or remedy available to them
under applicable law.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or
other tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you and
Smart with regard to your use of the Service, and any and all other
written or oral agreements or understandings previously existing between
you and Smart with respect to such use are hereby superseded and
cancelled. Smart will not accept any counter-offers to these Terms of Use,
and all such offers are hereby categorically rejected. Smart’s failure to
insist on or enforce strict performance of these Terms of Use shall not be
construed as a waiver by Smart of any provision or any right it has to
enforce these Terms of Use, nor shall any course of conduct between Smart
and you or any other party be deemed to modify any provision of these
Terms of Use. These Terms of Use shall not be interpreted or construed to
confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at Google Play Store or any Smart channel in
relation to the Service shall be deemed to be non-confidential. Smart
shall be free to use such information on an unrestricted basis.
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