1 INTERPRETATION

Welcome to 123 Smile. If you continue to browse and use 123 Smile, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern 123 Smile’s relationship with you. If you disagree with any part of these terms and conditions, please do not use this mobile application.

The term ‘123 Smile’ or ‘us’ or ‘we’ refers to the owner of this mobile application. The term ‘you’ refers to the user and merchant or viewer of our website.

2 GENERAL

2.1 Do not confuse, deceive, defraud, mislead, or harass anyone.

2.2 Do not use the 123 Smile Platform for any app that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.

2.3 Do not store or cache 123 Smile login credentials.

2.4 Follow any instructions we include in our technical documentation.

2.5 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2.6 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.7 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2.8 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

2.9 Disclaimer of Any Warranty: 123 Smile Platform and all data derived through such Platform are provided "as is" with no warranty, express or implied, of any kind and 123 Smile expressly disclaims any and all warranties and conditions, including but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and non-infringement. You are solely responsible for any damage that results from the use of any 123 Smile Platform and all any data derived through such Platform including, but not limited to, any damage to your computer system or loss of data.

 

3 PRICE AND PAYMENT - for users

3.1 Payment of the price shall usually be paid on application. An electronic report will be sent out to user's registered email after payment is made successfully.

3.2 We (123 Smile) has the right to modify, update or run promotions on any service at any time. Once a service has been ordered, the price shall remain fixed for the User. Under no circumstances shall the Merchant refund the difference should the price of that service decrease.

3.3 Users should always make the payment immediately in order to secure spot from the vendors.

 

PRICE AND PAYMENT - for merchants

3.4 Merchants will receive an electronic report after user's payment is made on Merchant's package. While the payout will be send out by 123 Smile after the Merchant has completed the job on scheduled date.

3.5 We (123 Smile) has the right to modify, update or run promotions on any service at any time. While the vendors in 123 Smile reserves the right to change the price of any service at any time. Once a service has been ordered, the price shall remain fixed for the Customer. Under no circumstances shall the Vendor refund the difference should the price of that service decrease.

 

4 REFUND/CANCELLATION POLICY - for users

Users may only apply for the refund/cancellation in the following circumstances:

4.1 If by any case, user decided to cancel order soon after payment has been made; user can request for refund from 123 Smile 30 days before the date booked. All the orders that you made for which we will charge a 10% cancellation fee.

4.2 For any cancellation request within the 10 days period before the date booked, 123 Smile will charge a 50% of cancellation fee. For example, if scheduled date is on 31/8/2018, but cancellation is requested between the date 22/8/2018 to 31/8/2018 (10days), therefore only 50% of the purchased order is refundable.

4.3 For any cancellation request within the 30 days period before the date booked, 123 Smile will charge a 30% of cancellation fee. For example, if scheduled date is on 31/8/2018, but cancellation is requested between the date 2/8/2018 to 31/8/2018 (30days), therefore only 30% of the purchased order is refundable.

4.4 If by any case, the merchant has not been delivered any services to the user on the date scheduled after payment has been made, user can request a 100% refund from 123 Smile.

REFUND/CANCELLATION POLICY - for merchants

Merchants may only apply for the refund/cancellation in the following circumstances:

4.5  If merchants wish to cancel the job orders soon after the user made the payment. Merchants will receive a warning letter for cancelling User's order. 123 Smile will return the fees back to User. Please note that after 2 warning letters sent out to the merchant who cancelled orders 2 times in one year period, this merchant's account will be banned from 123 Smile for life.

4.6 In the event of a user cancel a confirmed booking 10 days before the booking date, 123 Smile will remit a Payout of 30% of the Total Fees to Merchants as a compensation fee.

4.7 In the event of a user cancel a confirmed booking 30 days before the booking date, 123 Smile will remit a Payout of 20% of the Total Fees to Merchants as a compensation fee.

4.8 Merchants are only getting compensation from User's cancelled order which made 30 days before the booking date.

 

 

5 OBLIGATIONS

Users

5.1 Co-operate with 123 Smile;

5.2 Provide any information reasonably required by the 123 Smile;

5.3 Keep 123 Smile notified of their correct name, postal address and any phone, fax or e-mail information.

5.4 Comply with such other requirements as agreed between the parties. .

5.5 In order to use the Payment Services, users must have a 123 Smile account in good standing.

5.6 As a user, you are responsible for understanding your own time schedule before making any order to Merchants.

Merchants

5.7 Co-operate with 123 Smile;

5.8 Provide any information reasonably required by the 123 Smile;

5.9 Keep 123 Smile notified of their correct name, postal address and any phone, fax or e-mail information.

5.10 Comply with such other requirements as agreed between the parties. .

5.11 In order to use the Payment Services, users must have a 123 Smile account in good standing.

5.12 Merchants have the responsibility to inform users regarding job cancel/reject in the first 2 days after user's payment made to 123 Smile.

5.13 Merchants shall always understand own time schedule for not mistakenly reject/cancel job orders.

 

 

6 LIMITATION OF LIABILITY

6.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury. However the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price of the Services.

6.2 We (123 Smile) shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.

6.3 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your 123 Smile Account in any way, you are responsible for the actions taken by that person. Neither 123 Smile Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with

 (i) these Payments Terms,

(ii) from the use of or inability to use the Payment Services, or

(iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not 123 Smile Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

 

 

7 INFORMATION

Information that is necessary for the use 123 Smile Platform.

We ask for and collect the following personal information about you when you use the 123 Smile Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.

7.1 Account Information. When you sign up for a 123 Smile Account, we require certain information such as your first name, last name, email address, gender, date of birth, and personal description. Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.

7.2 Profile and Listing Information. To use certain features of the 123 Smile Platform (such as booking), we may ask you to provide additional information, which may include your address, phone number, email, and a profile picture.

7.3 Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as your certificate of achievement in photography, or any professions that are necessary for us to identify your authentication.

7.4 Payment Information. To use certain features of the 123 Smile Platform (such as booking or creating a Listing), we may require you to provide PayPal account in order to facilitate the processing of payments.

 

 

8 FINANCIAL TERMS - for user

8.1 You authorize 123 Smile Payments to charge your Payment Method the Total Fees for any booking requested in connection with your 123 Smile Account. 123 Smile Payments will collect the Total Fees in the manner agreed between you and 123 Smile Payments via the 123 Smile Platform.

8.2 If Users cancel the booking request before the date under Cancellation Policy, 123 Smile Payments will be refunded to you accordingly to the Cancellation Policy.

8.3 You authorize 123 Smile Payments to perform the Payment Method verifications and to charge your Payment Method for any bookings made in connection with your 123 Smile Account. You hereby authorize 123 Smile Payments to collect any amounts due.

9 FINANCIAL TERMS - for vendor

9.1 Generally speaking, 123 Smile Payments will collect the Total Fees from User at the time the User has made the payment to 123 Smile account.

9.2 In order to receive a Payout, Merchants must have a valid bank account. 123 Smile Payments will generally initiate Payouts to your selected bank account in 3 working days after job done.

9.3 In the event of a User’s cancellation of a confirmed booking, 123 Smile Payments will remit a Payout of any portion of the Total Fees due to you under the applicable cancellation policy.

9.4 123 Smile Payments will remit your Payouts in your currency of choice.

 

10  LIABILITY

10.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your 123 Smile Account in any way, you are responsible for the actions taken by that person. Neither 123 Smile Payments nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with

 (i) these Payments Terms,

(ii) from the use of or inability to use the Payment Services, or

(iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not 123 Smile Payments has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.