'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.
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.
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.
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.
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.
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.