TERMS & CONDITIONS AND TERMS OF USE

Last Updated: 24 Oct 2023

Please read these terms and conditions (“Terms”) carefully. These Terms of Use govern your access and use of the Smart Visiting Card website located at [https://smartvisitingcards.com/] (the “Site”). By accessing or using this Site, you agree to be bound by these Terms of Use and any additional guidelines, restrictions, or rules that may be posted in specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Smart Visiting Card reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our discretion, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

USE OF SITE

You are granted permission to access and use this Site and its content solely for the purpose of preparing, evaluating, and ordering products or services (referred to herein as “Products”). No other download, retention, use, copying, production, or distribution of any portion of the content is authorized or permitted. Acquiring Products from Smart Visiting Card does not entitle you to use any portion of the content apart from the finished Products as they are supplied by Smart Visiting Card. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of content may be used as a trademark or service mark, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark, or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, illegal, harassing, libelous, threatening, harmful, obscene, malicious, or otherwise objectionable. Smart Visiting Card may terminate its service to customers found to be using it to engage in undesirable activities. You are solely responsible for your use of content in combination with any other images, graphics, text, or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third-party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right, and authority to place the order and you authorize Smart Visiting Card to produce the Products on your behalf. You grant Smart Visiting Card the right to copy, modify, create derivative works, and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Smart Visiting Card to copy, modify, create derivative works, and vectorize any uploaded content for the purpose of fulfilling your order.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Smart Visiting Card reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

COPYRIGHTED MATERIALS FOR LIMITED USE

This Site contains designs, photos, images, file formats, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Smart Visiting Card or its subsidiaries or the copyrighted property of parties from whom we have licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. We reserve the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or us, remain the property of us and its licensors. The design tools provided on this Site use a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other users may use the design tools to create designs that have similar or identical combinations of these elements and Smart Visiting Card does not guarantee that your design will not have similarities to designs designed and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.

SHIPPING & DELIVERY

Estimated delivery times assume orders are placed before 05:00 PM (PST). Orders placed late on Saturday will not be processed until Monday. Additional charges may accrue on Priority. Orders arrive in 5 to 8 business days when ordered before 05:00 PM (PST).

YOUR AGREEMENT

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this site. Please note: We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions at any time. Unless otherwise indicated, amendments will become effective immediately. Please review these Terms and Conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions and the reasonableness of these standards for notice of changes. For your information, this page was last updated as of the date at the top of these terms and conditions.

DISCLAIMER OF WARRANTY

The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

IDENTITY

By submitting your print-ready documents to Smart Visiting Card, you agree to the following terms:

“I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and I accept all responsibility for typographical errors.”

CUSTOMER CONTENT

You understand that all information, data, text, images, graphics, messages, or other materials (“Content”) are the sole responsibility of the individual from which such Content originated. This means you, and not Smart Visiting Card, are entirely responsible for all Content that you use from our Gallery or send, upload, post, or transmit through the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree not to use the Service to send, upload, post, or otherwise transmit any Content that contains (I) child pornography or anything obscene, indecent, lewd, lascivious, filthy, or vile; (ii) a threat to kidnap or harm a person, a threat to damage the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of PAKISTAN, or a threat of extortion; (iii) any matter pushing or facilitating insurrection, or coercive resistance to any law of PAKISTAN; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of Smart Visiting Card or any third party. Smart Visiting Card does not control the Content posted by Customers and does not guarantee the accuracy, integrity, or quality of the Content. In no event will Smart Visiting Card be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent, or objectionable. Products and services are provided for your personal use only. You agree to comply with these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Your Content may be used in our advertising or as a reference sample.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. You acknowledge that Smart Visiting Card does not pre-screen Content, but that Smart Visiting Card and its design services will have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that Smart Visiting Card may store Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Smart Visiting Card, its users, and the public.

ACCESS TO CONTENT

We advise that you keep a copy of all documents and content uploaded to Smart Visiting Card, as we will not be able to return any of your files/content at any given time. Upon completion of your order, content created for it may be removed/deleted at any time without notice. Content and Proofs created by Smart Visiting Card’s Design Services will remain available in perpetuity, notwithstanding catastrophic data loss. Smart Visiting Card maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.

USE OF CONTENT

You understand that all designs created for you by Smart Visiting Card containing any information, data, text, images, graphics, messages may be featured on our website or any of our social media pages for promotional purposes. If you do not want us to feature any of your projects, please inform us by sending an email to info@smartvisitingcards.com.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images for print must be provided in CMYK format. Smart Visiting Card is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. All artwork, designs, and images must be provided in a minimum of 300 DPI and CMYK color mode. Smart Visiting Card is not responsible for images printed as fuzzy, distorted, or discolored due to customer-provided artwork.

COLOR PROOFING, MATCHING & PRINTING

Smart Visiting Card is not responsible for color matching or ink density on screen proofs approved by the customer. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Smart Visiting Card will try its best to match the gradient density of each color. Smart Visiting Card is not responsible for the final appearance of a color.

SITE FEEDBACK

Any comments, suggestions, proposals, or other feedback (collectively “Feedback Information”) provided to Smart Visiting Card regarding the operation or content of this Site will be provided by the submitter and received by Smart Visiting Card on a non-confidential basis. All such comments, suggestions, and other information will become the exclusive property of Smart Visiting Card. By submitting any such information to Smart Visiting Card, you agree that you are transferring and assigning, at no charge, all of your right, title, and interest in the information, including all copyrights and other intellectual property rights. You agree that Smart Visiting Card will be free to use such information on an unrestricted basis.

GOVERNING LAW

The party you are contracting with and the seller of the products and services offered and sold on this Site is Smart Visiting Card, a company organized under the laws of PAKISTAN. All matters relating to the determination, infringement, or misuse of copyrighted materials will be governed by the copyright laws of PAKISTAN, including matters relating to your access to, or use, of this Site.

Any legal action or proceeding related to, or arising from, your access to or use of this Site will be initiated in PAKISTAN. You agree to submit to the jurisdiction of courts sitting in PAKISTAN and agree that venue in these courts