Terms of Service

INTRODUCTION

Welcome to Smacby Empire, including our online store hosted on Shopify ("Store") and our website www.smacbyempire.com ("Website") (collectively, "Services," "we," "us," "our"). By accessing or using our Store, Website, or any related programs, products, or services (including merchandise and educational courses), you ("user," "you," "your") agree to be bound by these Terms of Service and Conditions ("Terms") and our Privacy Policy. These Terms apply to all users, including browsers, customers, vendors, and contributors, whether you are purchasing physical merchandise or accessing digital content such as courses.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Services after changes indicates acceptance of the revised Terms. Questions about these Terms should be directed to helpdesk@smacbyempire.com.

1. GENERAL CONDITIONS

Eligibility: You must be at least 18 years old to use our Services or make purchases. Users aged 13–18 may access the Store or Website only with parental consent; however, purchases by minors are prohibited.

Compliance: Your use of our Services must comply with all applicable laws, including copyright, trademark, and data protection laws.

Right to Refuse: We reserve the right to refuse service or terminate access to anyone for any reason at any time, without notice or explanation.

Prohibited Uses: You agree not to use our Services for unlawful purposes, infringe on intellectual property rights, harass others, distribute malicious code, spam, or engage in any activity that violates these Terms. Breaches may result in immediate termination of your access.

2. INTELLECTUAL PROPERTY OWNERSHIP

Ownership: All content on our Store and Website—including designs, text, images, graphics, logos, layouts, branding, blog posts, program titles, merchandise descriptions, and course materials (collectively, "Content")—is the exclusive property of Smacby Empire and/or our affiliates or licensors, protected by U.S. and United Kingdom intellectual property laws.

Limited License: Accessing our Services grants you a limited, revocable, non-transferable license to use the Content for personal, non-commercial purposes only. Purchasing merchandise or courses grants a similar limited license, subject to specific terms outlined at purchase.

Restrictions: You may not copy, modify, reproduce, share, sell, distribute, or claim ownership of our Content, or use it to generate revenue without our explicit written consent. Unauthorized use constitutes theft, and we reserve the right to pursue legal action to the fullest extent of the law. Requests for permission must be submitted to helpdesk@smacbyempire.com.

Trademarks: Our trademarks, slogans, and logos are proprietary. Use without written consent, including in meta tags or framing, is prohibited.

3. PRODUCTS, ORDERS, AND PURCHASES

Product Information: We strive for accuracy in product descriptions (e.g., merchandise colors, sizes, or course details), but we do not guarantee 100% accuracy due to display variations or material differences. Availability is not guaranteed.

Orders: Orders for merchandise or courses are accepted through our Store or Website. You represent that you have legal authorization to use the payment method provided. We may limit or cancel orders at our discretion and will attempt to notify you using the contact information provided.

Pricing: Prices are subject to change without notice. We may modify or discontinue products/services at any time and are not liable for changes or discontinuations by suppliers.

Payment: Purchases are voluntary, and you are financially responsible for them. You confirm payment information is accurate. Failed payments may result in withheld products/services until resolved.

Shipping (Courses): All our courses are digital so you will not receive any physical products in the mail. All our courses will be delivered to you via email after your checkout is completed. If you do not receive your digital product login info within 2 hours of checkout, please reach out to helpdesk@smacbyempire.com and they'll help you get access as soon as possible. "Lifetime Access" to courses means access for as long as the course remains active and operational.

Shipping (Merchandise): Estimated delivery times are not guaranteed. Shipping costs and taxes are calculated at checkout. We are not responsible for delays by couriers or customs, and international orders may incur additional fees.

4. REFUND POLICY

Merchandise: Refunds for physical products are subject to our return policy and are available at checkout or upon request.

Courses and Digital Content: Due to their digital nature, courses, programs, and other services are non-refundable once purchased. Sales with promotional discounts are final.

5. USER SUBMISSIONS

Ownership and License: By submitting comments, reviews, suggestions, images, or other content to our Store or Website, you confirm you own the material and grant us a perpetual, royalty-free, worldwide license to use, modify, and publish it without compensation. You may request removal of your submissions.

Restrictions: Submissions must not be harmful, defamatory, offensive, or unlawful. We may remove such content and take action if necessary.

6. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

Opt-In: By opting into our SMS/MMS program, you consent to receive automated or prerecorded marketing messages at the provided phone number. Consent is not a condition of purchase. Message and data rates may apply, and frequency varies.

Opt-Out: Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out. A final confirmation message may be sent. Alternate opt-out methods are not valid.

Purpose: Messages may include promotions, order updates, and other communications related to our merchandise and courses.

7. DISCLAIMERS

General: Our Services are provided "as is." We do not guarantee uninterrupted, timely, or error-free access. Technical issues may occur, and we are not liable for resulting damages.

Educational Content: Courses and related materials are for informational purposes only. We do not promise specific outcomes (e.g., financial, legal, medical) and are not a substitute for professional advice. Your participation is at your own risk.

Earnings: No guarantees are made about financial success from our courses. Results depend on your effort and circumstances.

8. LIMITATION OF LIABILITY

We are not liable for any damages—direct, indirect, or otherwise—arising from your use of our Services or products, to the fullest extent permitted by law. Our total liability is capped at $10 or the purchase price, whichever is less.

9. INDEMNIFICATION

You agree to indemnify and hold harmless Smacby Empire, our affiliates, and employees from claims or costs due to your breach of these Terms, violation of law, or use of our Services.

10. DISPUTE RESOLUTION

Initial Contact: Disputes should first be addressed via email to helpdesk@smacbyempire.com.

Arbitration: Unresolved disputes shall be referred to binding arbitration in England, under the Arbitration Rules of the Chartered Institute of Arbitrators (for Store) or United Kingdom Rules (for Website/courses), conducted by one arbitrator. Each party bears its own costs, and class actions are prohibited. The prevailing party may recover reasonable legal fees. Claims must be filed within one year.

11. GOVERNING LAW

These Terms are governed by the laws of England and Wales, regardless of conflict of law principles.

12. CONFIDENTIALITY

We collect personal information (e.g., name, email, payment details) per our Privacy Policy. You provide this voluntarily and confirm its accuracy. We protect it but may disclose it if required by law or to safeguard our rights.

13. TERMINATION

We may terminate your access to our Services at our discretion, without notice. Purchased content delivery will be provided as deemed appropriate.

14. CONTACT INFORMATION

For questions, contact us at helpdesk@smacbyempire.com. Review our Privacy Policy and Messaging Terms (https://terms.pscr.pt/legal/shop/n1wqhi-xq/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/n1wqhi-xq/privacy_policy) for additional details.