Terms of Service
(Effective as of December 1, 2018)
Thank you for visiting the Website (as defined below) and using our Services (as defined below). The use of the Website and the purchase of Services on the Website are governed by the Terms of Service (as defined below), which set forth our and your mutual agreement as to our and your respective rights and responsibilities when you use the Website and/or purchase Services.
A) Terms and Conditions
1. Definitions
Terms in the Terms of Service that are capitalized, shall have the meanings set out below:
(a) “include” or “including” means “include without limitation” or “including without limitation”;
(b)“Liability” means any and all liabilities, damages (including damages that are actual, direct, indirect, consequential, due to loss of profit, business interruption, emotional distress or any other cause whatsoever), losses, costs, expenses (including reasonable legal costs, expenses and lawyers’/attorneys’ fees), claims and actions of any nature whatsoever (in law, in equity, or under statue), whether caused in whole or in part by negligence (whether sole, joint or concurrent), gross negligence, breach of contract, or other legal fault;
(c) "Non-Personal Information" means information that is not personally identifiable to you and that we automatically collect when you access the Website with a web browser. It may also include publicly available information that is shared between you and others;
(d) “Our Associates” means each and all of our directors, officers, employees, representatives agents, third party suppliers and the successors and assigns of all of the foregoing;
(e) "Personally Identifiable Information" means non-public information that is personally identifiable to you and obtained in order for us to provide you Services within the Website. Personally Identifiable Information may include information such as your name, email address, and other related information that you provide to us or that we obtain about you;
(f) “PersonalSMM”, “PersonalizedSMM”, “us”, “we”, or “our” means 11102214 Canada Inc., a corporation, and its successors and assigns;
(g) “Services” means any of the services offered for sale to you by us on the Website or otherwise;
(h) “Social Media Provider” means any provider of social media services or platforms, including Facebook, Twitter, Instagram, and Youtube.
(i) “Terms of Service” means these Terms of Service, comprised of the Terms & Conditions, the Privacy Policy, and the Cookie Policy, all as contained on the Website;
(j) “Website” mean both of our websites located at https://www.personalsmm.com and at https://www.personalizedsmm.com .
(k) “you” or “your” means you, the legal person/entity accessing the Website and, if applicable, purchasing Services.
2. Legal Capacity and Binding Effect of the Terms of Service
By accessing registering an account on the Website you:
(a) represent and warrant that you have reached the age of majority and have the legal capacity to enter into legally binding agreements in the jurisdiction of your residence; and
(b) acknowledge that you have read the Terms of Service and accept that the Terms of Service are the legal terms and conditions that govern your use of the Website and, if you purchase any Services from us, the purchase of all such Services from us.
3. General
(a) The Terms of Service are effective as of the effective date first stated above.
(b) We reserve the right to revise the Terms of Service, or any portion thereof, at any time without notice to you. If we revise the Terms of Service, we will change the effective date first stated above. Any changes we make to the Terms of Service are effective as of the revised stated effective date. Your use of the Website is deemed to be your acknowledgement and acceptance of all provisions of the then current version of the Terms of Service. Therefore, you should review the Terms of Service with each use of the Website.
(c) You agree to comply with all applicable laws and regulations when accessing the Website and purchasing Services.
(d) If you have any questions about the Terms of Service please contact us at info@personalsmm.com
(e) If you do not agree with any provisions of the Terms of Service, you shall cease to access the Website and shall not purchase any Services.
4. Provision of Services
(a) Once you place an order and pay for Services, you cannot reverse, cancel or otherwise terminate the order for Services and no refund of amounts paid will be made except as stated in the “Refunds” section of the Terms of Service, below.
(b) There are many processing, technical and third party issues that may delay the delivery of Services. We do not promise or guarantee a specific delivery time for any Services. If we provide a time for delivery of Services, it is only an estimation of when the Services will be delivered and the actual time for delivery of Services may vary greatly from the estimated time of delivery. If you have concerns about the delay in the delivery of Services, please contact us at info@personalsmm.com.
(c) We engage publicly available third party services to deliver the Services; we do not create social media accounts nor bots in order to deliver the Services to you.
(d) Once you place an order for Services you will not make your profile/content private or make any other changes that render the original profile/content link obsolete, including the changing of usernames/profile names. Should any such changes be made, we will not be able to deliver the Services and the order will automatically be cancelled. Our inability to deliver the Services for any of the aforementioned reasons or any other reason caused by you shall not be considered a failure to deliver or fully deliver the Services on our part and no refund will be provided to you pursuant to the “Refunds” section of the Terms of Service below or otherwise. Therefore, you should only make any changes affecting your profile/content link after we have finished delivering the Services.
(e) We reserve the right to suspend or otherwise disable your account with us at any time and for any reason in our sole discretion.
5. Payment for Services
All payment will be made using PayPal upon requesting that Services be provided. No disputes will be filed with PayPal relating to Services or payment for the Services. Any filing of such a dispute will result in your account being terminated and the provision of Services being terminated without any Liability to us or Our Associates except as provided in the Refunds provisions below.
6. Refunds
(a) Except as expressly stated in this “Refunds” section, no refunds will be made of amounts paid for Services.
(b) If we do not provide any of the Services that you requested due to a failure on our part to provide such Services, upon your written request we will refund the amount you paid for the Services to your account balance with us on the Website (not to your PayPal account).
(c) If we do not fully provide the Services that you requested due to a failure on our part to fully provide such Services, upon your written request we will refund a portion (proportional to the amount of Services not provided) of the amount you paid for the Services to your account balance with us on the Website (not to your PayPal account).
(d) Any amounts in your account with us can be refunded through the original payment method upon your written request to us; provided, however, that a processing fee of the greater of (i) $10.00; or (ii) 20% of the requested refund amount, will be deducted and retained by us from the requested refund amount.
7. Disclaimer of All Responsibilities and Warranties
You acknowledge that due to various competitive, technical and other factors (including our reliance on and our inability to control third parties) it is not possible to represent or warrant the materials on the Website, the Services or any specific result or benefit you will receive from the provision of the Services. The materials on the Website (including links to other websites on the Website or in the Terms of Service) and the Services are provided on an “as is” basis. We make no representation or warranty (and to the maximum extent permitted by law expressly disclaim any such representation or warranty), express, statutory or implied, including any implied warranty of completeness, accuracy, reliability, usefulness, merchantability, fitness for a particular purpose or non-infringement, with respect to or in any way relating to the quality, functionality, accuracy, reliability or availability of such materials or Services or the results to be achieved or benefits to be received by you therefrom.
8. Release of Liability and Indemnity
(a) We limit our Liability to the fullest extent allowed by law. Some jurisdictions do not allow us to have a broad limit on our Liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. Except for your right to obtain a refund of the amount paid by you for the Services in accordance with the “Refunds” section of the Terms of Service or as otherwise expressly provided in this “Release of Liability and Indemnity” section of the Terms of Service, on behalf of you and your successors and assigns, you irrevocably agree to release, and to indemnify, defend and hold harmless, us and Our Associates, from and against Liability, arising out of or in any way related to:
(A) your use of the Website and our delivery or failure to deliver the Services, including: (i) delay in delivering or failure to deliver the Services or any portion thereof; (ii) our suspension or disabling of your account with us; (iii) the suspension, deletion or termination of, or any other action affecting, your social media account by any Social Media Provider; (iv) removal of information, data or social media hits by Social Media Providers; and/or (v) the use of any website or other information linked to the Website or contained in the Terms of Service; and/or
(B) any claim or action by a third party arising out of or in any way related to any matter referred to in item (A) of this sub-section 8(a) of the Terms of Service.
(b) In the event that the release of and limitation on Liability in sub-section 8(a) of the Terms of Service is determined by a court of competent jurisdiction to be unenforceable in whole or in part, then you agree that total amount recoverable due to the Liability of us and Our Associates to you shall not exceed the amount paid by you relating to the request for Services that gave rise to the claim of Liability and, to the extent permitted by law, you agree to indemnify, defend and hold harmless us and Our Associates from all amounts awarded for Liability in excess of that amount.
(c) To the extent that the releases of and limitations on Liability in sub-sections 8(a) and (b) of the Terms of Service item are determined by a court of competent jurisdiction to be unenforceable in whole or in part, then you agree that the total amount recoverable for the Liability of us and Our Associates shall be limited to the greatest extent permitted by law.
9. Entire Agreement
The Terms of Service constitute the entire agreement between us and you with respect to the subject matter thereof and supersede all prior representations, warranties, understandings, and agreements, oral or written, with respect to such matters.
10. Governing Law
The Terms of Service shall be construed and interpreted, and our rights and your rights under the Terms of Service shall be determined, in accordance with the laws of the Province of Alberta, Canada, without regard to the conflict of laws principles thereof. The courts of Alberta shall have jurisdiction over all disputes arising out of or in connection with the Terms of Service and you and we irrevocably attorn to the jurisdiction of the courts of Alberta.
B) Privacy Policy
This Privacy Policy governs the privacy terms of the Website and our provision of the Services. This Privacy Policy forms part of the Terms of Service.
Information We May Collect
You are free to refuse our request for Personally Identifiable Information and not make use of the Website and/or our Services to avoid the collection of Non-Personal Information.
When you use the Website, we automatically collect certain computer information by the interaction of your web browser or mobile phone with the Website. Such information is typically considered Non Personal Information. We also collect the following:
• Cookies
The Website uses "Cookies". Please review our Cookie Policy (see section C of the Terms of Service, below) for information on Cookies, the Cookies that we may set and how you can disable Cookies.
• Third Party Tracking Tools
We may also use third party tracking tools to improve the performance and features of the Website. These third party tracking tools should be designed to collect only Non-Personal Information about your use of the Website. However, such tools are created and managed by parties outside our control. Therefore, you acknowledge and agree that we are not responsible for, and shall have no Liability with respect to, what information is actually captured by such third parties or how such third parties use and protect that information.
We may use Remarketing with Google Analytics to advertise on third party sites to you after you have visited the Website. We and our potential third party vendors, like Google, may use first party cookies (such as the Google Analytics cookie) and third party cookies (such as the DoubleClick cookie) to inform, optimize and serve ads based on your past visits to the Website. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page. Google also recommends installing the Google Analytics Opt-out Browser Add-on for your browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
• Automatically Received Information
When you access the Website, we automatically receive information from your web browser or mobile device, which may include the name of the website from which you entered the Website, if any, the name of the website to which you're headed when you leave the Website, the IP address of your computer/proxy server that you use to access the internet, your internet website provider name, web browser type, type of mobile device, and computer operating system. We may use some or all of this information to analyze trends among those people accessing the Website to help improve the Website.
Our Use of Your Information
The information we collect from you may be used as follows:
• Customizing The Website
We may use the Personally Identifiable Information you provide to us along with any computer information we receive to customize the Website.
• Sharing Information with Third Parties
We do not sell, rent, or otherwise provide your Personally Identifiable Information to third parties for marketing purposes. However, we may provide your Personally Identifiable Information to third parties that provide services to us with regards to the Website (including payment processors, website hosting companies, etc.); such third parties will only receive information necessary to provide the respective services.
• Data Aggregation
We may collect and use any Non Personal Information collected from your use of the Website and aggregate such data for internal analytics that improve the Website and the Services as well as for use or resale to others.
Releases of Information for Legal Purposes
We may disclose your Personally Identifiable Information, if in our sole discretion such disclosure is: (a) required by court order, law, or other legal or administrative process; (b) beneficial in assisting law enforcement officials or government enforcement agencies; (c) beneficial in investigating violations of or otherwise enforce our Terms of Service; (d) beneficial in protecting us from legal action or claims from third parties including you and/or other third parties; and/or (e) beneficial in protecting the legal rights, personal/real property, or personal safety of us, Our Associates, those to whom we provide services, and/or other third parties.
Links to Third Party Websites
The Website may contain links to other websites that are not under our direct control. Those websites may have their own policies regarding privacy. We have no control of or responsibility for linked websites and provide these links solely for the convenience and information of the users of the Website. You access such linked websites at your own risk. Those websites are not subject to this Privacy Policy. You should check the privacy policies, if any, of those individual websites to see how the operators of those third-party websites will utilize your personal information.
Emails from Us
You can always opt out of receipt of further email correspondence from us. We agree that we will not sell, rent, or trade your email address to any unaffiliated third-party without your permission.
C) Cookie Policy
This is the Cookie Policy for the Website and it forms part of the Terms of Service.
What Are Cookies
As is common practice with almost all professional websites the Website uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the Website’s functionality.
For more general information on cookies see the Wikipedia article on HTTP Cookies.
How We Use Cookies
We use cookies for a variety of reasons, including those detailed below. Unfortunately, in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to the Website. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide Services.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the Website. Therefore, it is recommended that you consider these issues before you disable cookies.
You can learn how to manage cookies on your web browser by following the Browser Cookies Guide.
The Cookies We May Set
· Account related cookies
If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
· Login related cookies
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
· Orders processing related cookies
The Website offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
· Forms related cookies
When you submit data to or through a form such as those found on contact pages or comment forms, cookies may be set to remember your user details for future correspondence.
· Website preferences cookies
In order to provide you with a better experience on the Website we may provide the functionality to set your preferences for how the Website runs when you use it. In order to remember your preferences we need to set cookies so that this information can be recalled whenever you interact with a page.
Third Party Cookies
In some special cases we may also use cookies provided by trusted third parties. The following items detail which third party cookies you might encounter through the Website.
· The Website may use Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the Website and ways that we can improve your experience. These cookies may track things such as how long you spend on the Website and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
· Third party analytics may be used to track and measure usage of the Website so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the Website or pages you visit which helps us to understand how we can improve the Website for you.
· From time to time we may test new features and make subtle changes to the way that the Website is delivered. When we are still testing new features cookies may be used to ensure that you receive a consistent experience while on the Website while ensuring we understand which optimizations our users appreciate the most.
· As we sell products it's important for us to understand statistics about how many of the visitors to the Website actually make a purchase and as such this is the kind of data that these cookies may track. This is important to you as it may help us to accurately make business predictions that allow us to monitor our advertising and product costs to ensure the best possible price.
· The Google AdSense service we may use to serve advertising uses a DoubleClick cookie to serve more relevant ads across the web and limit the number of times that a given ad is shown to you.
For more information on Google AdSense see the official Google AdSense privacy FAQ.
· Several partners advertise on our behalf and affiliate tracking cookies simply allow us to see if our customers have come to the Website through one of our partner websites so that we can credit them appropriately and where applicable allow our affiliate partners to provide any bonus that they may provide you for making a purchase.
· We may also use social media buttons and/or plugins on the Website that allow you to connect with your social network in various ways. For these to work, the Social Media Providers may set cookies through the Website which may be used to enhance your profile on their website or contribute to the data they hold for various purposes outlined in their respective privacy policies.
More Information
As was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on the Website.
Hopefully the foregoing has clarified things for you. However, if you are still looking for more information then you can contact us through the following preferred contact method:
Email: info@personalsmm.com
This Cookies Policy was created with the help of the Generator of GDPR Cookies Policy