Cardholder terms and Conditions
This Smiley Card Agreement and User Guide (this “Agreement”) is the terms and conditions governing our issuance and your use of the enclosed Smiley Card (“Card”). Please read this Agreement carefully and keep it for your records. By purchasing, signing, or using the Card, you are agreeing to the terms and conditions in this Agreement. In this Agreement, “you” and “your” mean: (a) the person to whom we issue the Card. The terms “we,” “us,” and “our,” mean TBS Concept Marketing Services Pvt. Ltd. , Cochin. and its successors, agents, and assigns. By joining or renewing membership in the Smiley Reward program a Customer explicitly accepts these General Terms and Conditions and Any subsequent revisions

1. The Card                   
2. Receiving a Card
3. Program benefits        
4. Use of Cards
5. Cancellation and withdrawal of the Card
6. Changes to Card Program
7. Exclusions
8. Additional terms and conditions
9. In case you lost your card
10. Merchant Disputes
11. E-mail Policy and Communication Preferences
12 . Discount Details

1. The Card
You have received the Card with an amount fixed at the time of purchase.The Card is not a credit card or an automated teller machine card.

The Card is our property and we reserve the right to cancel, repossess, or revoke its use at any time without prior notice, subject to applicable law. Purchases of Cards are final, and resale of Cards is strictly prohibited.

Before using your Card, you must sign your signature on the back where indicated. Once the Card is signed, it cannot be transferred to anyone else. Write down the Card number and the Customer Service number, on a separate piece of paper in case the Card is lost, stolen, or destroyed.

The photos which should be printed in the Smiley card should be either submitted directly to the office of the company or mailed directly to the company e-mail ID with proper reference.

The Smiley Reward program (“the Card”) proposed by TBS Concept Marketing Services Pvt. Ltd. , the relational marketing company in charge of customer loyalty programs and Brand fostering, entitles its holders (“the Cardholders”) to benefit from the advantages listed below

 

Each Card bears the name of the Cardholder and the expiration date.
The Card is strictly personal, and cannot be sold or lent; it is not a payment or credit card.
Once issued, Cards may not be partially or fully reimbursed, even if they are cancelled or not used.
Smiley Card Clients accept that the Program may be modified, in whole or in part, at any time. In this case, a letter specifying the new general Terms and Conditions, as well as the date they take effect, will be notified thru newsletters. Current terms and conditions are also available on request from the Customer Service department.

1.1. Card Purchase
When you purchase the Smiley Card, you must provide TBS with accurate and complete information (including but not limited to name and shipping address) and advise TBS of any changes by contacting Card Services. TBS will use this information to create your account and, where applicable, mail you a Card and materials. You will receive Card materials that may include, but are not limited to, a Card with your Card number, inserts containing partner information about sponsors.

When you purchase your Card online, you will be asked Referral id or in case there is no referral id you can follow the instructions.
Each order is for a single Cardholder only. TBS does not permit the sharing of your Card, number, password or discounts with any other person. If TBS reasonably believes that any of your Card materials are being used in any of these ways, TBS reserves the right to cancel your Cardholder rights immediately. If you believe someone has used any of your Card materials without your authorization, please contact Card Services.
Contacting Card Services:

Online by e-mailing us at mail@smileycard.in.
An agent will answer your e-mail within 72 hours.
Over the telephone at 0484-3129312
Monday to Friday 9am to 6pm
Or by mail at:
Smiley reward program
TBS Concept Marketing Services Pvt. Ltd. , LFC Cross Road
Kaloor, Cochin-682017
For details on how we share information, please refer to our Privacy Policy

2. Receiving a Card
---------------------------------------------------------

2.1. Initial order
To receive the Cards, the Customer should pay the prescribed membership fees to the office and collect the 15 digit PIN for online registration process. The customer needs to fill the online registration form directly using the PIN in-order to be a legal member of smiley privilege card.
Cards requested in the initial order are valid for a term of 12 months.
2.2. Submit photo
Customer, after the online registration needs to submit the photo via e-mail or submit to the office directly with in one week of registration for the physical issuing of card.
2.3. Collect Receipt
The Customer is requested to collect the receipt from the office along with the online registration PIN after paying the Smiley membership fee
2.4. Re-issuing cards
The Client must send a request for the Card to be re-issued to TBS Concept Marketing Services Pvt. Ltd. , along with the Cardholder’s ID.
The new Card is issued for the remaining period of validity of the Card that it replaces and will invite
Service charges.
2.5. Renewal of Cards
When Cards are renewed, the price per card will be the same prize or a different prize as per
Company policies.
All Cards ordered for renewal are valid for a period of 12 months.
The Customer must fill out and sign a new Order Form and send it, along with the corresponding payment and requests as in case of issuing a new card.
2.6. Issuing Cards
Original Card will be issued within 50 days of payment. Payment may be by account pay DD, or by bank transfer.
2.7. Delivery of Cards
Cards are delivered to the Customer at the address on the Order Form within 8 weeks from the time the complete order is received

3. Program benefits
---------------------------------------------------------

3.1. Rate Benefits
Smiley users are entitled 5 to 20 % discounts on certain price band from its associate partners which will vary from outlet to outlet.

3.2. Privelages
However in certain cases smiley users will/can enjoy special privileges which depend on the type of product and again vary

3.3 Special Offers
Also every month will have special offers from different associates which will intimated through SMS alerts
 
3.4. Information on Discounts and Establishments
All information on Smiley discounts provided by this web site is accurate as we have contracted them with the affiliated establishments. We shall not be liable in case of errors.
Discounts and conditions may change without prior notice. Discount percentages may be approximate in those cases where we have contracted a fix rate for Smiley owners with the establishment (this is indicated where applicable).

In all cases Smiley discounts are subject to availability. Some companies require previous reservation requesting Smiley discounts (this is indicated where applicable). Discounts may not be available during fairs, local celebrations and similar events, please check with the establishment in case of doubt. Smiley discounts may not be applied on already discounted rates (i.e. through other discount programs) or special offers.

All information on the affiliated establishments except Smiley discounts is as provided by those establishments. We shall not be responsible for this information to be accurate or correct.

We do our best to keep all information current, however we do not assume responsibility if changes have not been communicated to us timely by the establishment.

The Discount Percentages published on this web site is from the M.R.P (Maximum retail price) & also include all legal taxes (except otherwise stated).

3.5 Contracting Parties
The use of Smiley card causes a contract between the card holder and the affiliated establishment. We are not responsible for any acts or omissions of either party.

 

4. Use of Cards
---------------------------------------------------------

Smiley card is limited to personal use.
--To receive the aforementioned benefits, the Cardholder must give his/her Card number and name when making shopping, and present the Card along with other id card.
– These conditions must be met for the Cardholder to be entitled to the benefits (discounts, guaranteed reservations, etc.),

Your Card and your Card number are your keys to savings, benefits and services. Carry your Card with you at all times. You must activate your Card to access the complete savings, benefits and services. Visit www.smileycard.in  to activate your card. The Card is nontransferable and may only be used by the person whose name is printed or signed on the card.

Use of your Card In-store: You must show your Smiley Card before you make a purchase at a participating sponsor. A sponsor has the right to deny a discount if you do not present your Card before payment. Sponsors may reserve the right to ask for your school ID, passport or other identification to verify you are a rightful Cardholder. Some sponsors will swipe your Card through their terminal in order to track purchases and use of the Card. They will not use the Card as a form of payment. Smiley uses this information to track sponsor performance to ultimately offer you better savings.

Smiley and participating sponsors are independent contractors. Smiley is not liable for any products or services provided by these sponsors.

5. Cancellation and withdrawal of the Card
------------------------------------------------------------
TBS Concept Marketing Services Pvt. Ltd. reserves the right to terminate your Card at any given point in time if we determine that you have violated any provision of this Agreement.
Any use of the Smiley Card, or the associated Cardholder benefits and discounts in a manner that violates the rules or regulations of any participating sponsor or online partner is prohibited by this Agreement and is grounds for termination of your Smiley Membership. TBS Concept Marketing Services Pvt. Ltd. reserves the right to cancel your Cardholder rights immediately in the event of such a violation.

6. Changes to Card Program
---------------------------------------------------------

Offers made available through the Discount Card may change from time to time. TBS reserves the right in its sole discretion to change the offers and/or participating sponsors at any time. In addition, sponsors may elect to change offers from time to time. TBS will make commercially reasonable efforts to make appropriate updates to the Site to reflect offer and/or sponsor changes. For a listing of current offers, Cardholders should Visit www.smileycard.in . If you become aware of a discontinued offer listed, please notify TBS by sending an e-mail to mail@smileycards.in or contacting Card Services. TBS undertakes no obligation to provide a replacement or substitute offer for any offer discontinued.

 Clients and Cardholders recognize that the characteristics of the Card may be changed, in whole or in part, at any moment. In this case, a letter specifying the new General Terms and Conditions, as well as the date they take effect, will be sent to each Client and each Cardholder.

 

7. Exclusions
---------------------------------------------------------
THE CARD CANNOT BE USED:
To obtain cash, except in the event if any mentioned, as described in this Agreement;
For gambling or any unlawful activity, or
To make regular, preauthorized payments to third parties.

  In all cases Smiley discounts are subject to availability. Discounts may not be available during fairs, local celebrations and similar events, please check with the establishment in case of doubt. Smiley discounts may not be applied on already discounted rates (i.e. through other discount programs) or special offers unless special local terms and conditions apply.

 
8. Additional terms and conditions
---------------------------------------------------------

Information related to program membership and use of the Card is processed to take into account Customer requests and provide the expected services. This information is intended for the TBS Concept Marketing Services Pvt. Ltd. In the event of an incident concerning the Client or Cardholder file, special processing may be carried out. The Client may exercise this right by writing to the TBS Concept Marketing Services Pvt. Ltd.
It is the responsibility of the Cardholder to comply with the legal, fiscal and social obligations to which he or she may be subject. In case of a dispute between a Client and Customer, the parties agree to seek an amicable resolution.

 
9. In case you lost your card
---------------------------------------------------------

When you call us, you will be asked to provide the Card number and other identifying details. We cannot provide a replacement Card if you do not have your Card number available. The replacement Card will invite service charges which can vary from time to time.

For purposes of this Agreement, our business days are Monday through Friday. Holidays are not included.

10. Merchant Disputes
---------------------------------------------------------
TBS Concept Marketing Services Pvt. Ltd. , the parent company is not responsible if a sponsor changes its discount due to new ownership or acquisition. If you have a dispute with a sponsor merchant to report, TBS will take commercially reasonable efforts to solve the dispute on your behalf.

You may report disputes with sponsor merchants by contacting Card Services. Reports must be submitted and mailed in written form with the following information: merchant name, merchant address, date of purchase, discount denied and purchase information.

TBS and its sponsors are independent contractors. TBS IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY SPONSOR OF THE DISCOUNT PROGRAM, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANYLIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY SPONSOR OR OTHER THIRD PARTY IN CONNECTION WITH THE DISCOUNT PROGRAM.

11.E-mail Policy and Communication Preferences
---------------------------------------------------------------------

Cardholders have the option to receive Smiley Rewards program e-mail and/or mobile phone updates when they order or activate their Cards online. Smiley uses these updates to provide additional savings, special offers, site upgrades, new features, events, promotions and more. You also have the option to email Card Services to opt out of receiving the mobile phone messages. Cardholders can also update these preferences logging into their account on www.smileycard.in.

Smiley reserves the right to e-mail you with information essential to your participation in our program (for example, information on lost passwords, Card shipment information and Card expiration/renewal). You will not have the option to opt-out of e-mails of this nature.

If you purchased the Card through an Affiliate\Representatives, the Affiliate may have the right to communicate with you via a 'welcome' e-mail\SMS sent by Smiley. This "welcome" e-mail\SMS is subject to Smiley's notification policies. For questions about any e-mail that you receive, please contact Services. For more information about how Smiley uses your information, please visit our Privacy Policy.

12. Discount Details
The discount percentages are variable from time to time.
Please keep updates with website.

*Discounts on MRP only.

In all cases Smiley discounts are subject to availability. Discounts
may not be available during fairs, local celebrations and similar
events, please check with the establishment in case of doubt. Smiley
discounts may not be applied on already discounted rates (i.e. through
other discount programs) or special offers unless special local terms
and conditions apply.

 

Distributor / Advisor terms and Conditions
* The applicant is required to read thoroughly and understand the terms and conditions, policies, procedures, code of ethics and business opportunities of TBS as given below. This online application/agreement form is considered as an authentic and legally binding document. This contract is between the applicant (herein after referred to as distributor / advisor) and TBS Concept Marketing Services Pvt. Ltd. (hereinafter referred to as company).

* If the applicant agrees to adhere to and abide by the conditions mentioned hereunder, he/she shall become a independent distributor / advisor or cardholder on payment of the prescribed cardholdership fee to TBS by way of a crossed demand draft.

* The distributor / advisor should have completed minimum 18 years of age and shall be competent to enter into contract as provided in the Indian Contract Act.

* The applicant solely responsible for any misrepresentation about his identity given to the company. The company reserve the right to take legal actions against any such misrepresentation given to the company by the applicant.

* A cardholder can only became an advisor if he is / he has completed minimum 18 years of age. Otherwise so the distributorship or advisorship be in the name of his / her guardians.

* For joining as an independent distributor / advisor or cardholder of TBS, the applicant will have to make the prescribed payment towards cardholdership fee by way of a crossed demand draft favouring TBS Concept Marketing Services Pvt. Ltd. payable at Ernakulam.

* If the applicant is a Partnership firm/Private limited company, then the applicant has to provide all necessary documents pertaining to the partnership during the registration of Distributorship.

* While placing orders for any of the products available with TBS, he/she will have to pay the cost of the product by way of crossed demand drafts favouring TBS Concept Marketing Services Pvt. Ltd. payable at Ernakulam.

* TBSunder no circumstances will accept any payment in cash .

* TBShas not authorised any official, officer or distributor / advisor or cardholder of TBSto receive any amount in cash on behalf of TBStowards the distributorship fee or cardholdership fee, or cost of products, as the case may be.

* If anybody makes any payment in cash, it will be at his/her own risk and under no circumstances, will TBSbe answerable to such unauthorised cash payments.

* The initial payment made by the applicant is towards enrolling as an independent distributor / advisor or Cardholder.The amount so receive is not refundable under any circumstances. All the packages include the registration fee, the processing fee and the administrative costs.

* The independent distributor / advisor or cardholder will be eligible for incentives or income only as per the volume of business done by him that is also subject to the eligibility norms formulated by TBS. TBSdoes not assure any incentive or income to the distributor / advisor or cardholder on merely account of his/her joining TBS.

* The independent distributor / advisor or cardholder will not be a agent, or employee of TBS. His/her position being so, he/she cannot bind TBS, in any manner nor he/she has any authority to bind TBSor to represent or speak on behalf of TBS.

* After receiving the card payment, TBS will issue a 15-Digit PIN. The online registration should be done by the distributor / advisor or cardholder.

* TBSwill approve the distributorship or cardholdership by issuing an official receipt through online registration, which will carry the password and an identification number known as Track ID as chosen by the applicant himself/herself. This password and track ID have to be quoted by the distributor / advisor or cardholder in all his/her transactions and correspondence with TBS. The track ID once chosen cannot be altered at any later point of time.

* TBS will, in no case, entertain any communication without Track ID and password.

* TBS will not entertain any request for any product/package made after six months of the date of acknowledgment of payment.

* The independent cardholder has to pay annual renewal fees at the end of 12 months of their distributorships / advisership or cardholdership as per TBSnorms.

 

* Trimming and Service Charges will be deducted as per TBS norms. TDS will be deducted as formulated by the Government.

* In case of Partnership distributorship/ Distributorship in name of a firm, the private limited company distributors have to submit all relevant Partnership deeds and the relevant MOU.

* All individual distributors / advisor or cardholder should adhere to Rules & Regulations formed by the organization & if any of the distributors / advisor or cardholder is found guilty of not observing the same, then he/she will be terminated from TBS.

* TBS reserves all rights to terminate a distributor / advisor or cardholder.

* Once a distributors / advisor or cardholder is terminated, he/she cannot enter any of the TBS premises/meeting locations and his/her incentives/income will be stopped immediately.

* The distributors / advisor or cardholder shall bear true faith and allegiance to TBSand shall uphold the integrity and decorum of TBS and shall maintain good relations with other distributors and other clients.

* The distributors / advisor or cardholder shall always behave and act in a dignified manner befitting the status of a distributors / advisor or cardholder of a reputed and leading firm of the country.

 

* The distributors / advisor or cardholder shall not compel or induce or mislead any person with any false statement/promise to join TBS or to purchase any product.

 

* TBS will not be answerable for any promise, assurance given by any distributors / advisor or cardholder to any person, unless it is in accordance with the approved business plans and terms of TBS. Hence, the applicant shall go through the website-"www.smileycard.in" and the brochures and notices issued by TBS. Through these TBS sources, he/she will fully inform himself/herself on all these matters.

 

* The applicant/distributor/advisor or cardholder shall ensure that all the information/furnished to TBS is correct and properly entered. Any request for correction furnished by the distributors / advisor or cardholder as to his/her sponsor or placement details will not be entertained, once payment statements are processed.

* TBS reserves the right to reject any distributorship/application/cardholdership at its own discretion.

* TBS reserves the right to modify the terms and conditions, products, schemes, business and policies, giving prior notice through its website - "www.smileycard.in" and it will be binding on all distributors / advisor or cardholder of TBS.

* The terms and conditions within above mentioned shall be governed in accordance with the Law in force in the territories of India. Disputes, if any arise, shall be subject to the exclusive jurisdiction of the Court of Ernakulam.

* If any dispute or difference arises between the parties hereto touching the business or interpretation of any terms and conditions or as to incentives, income etc., relating to the business of TBS, the same shall be referred to arbitration and the arbitration shall be governed by the Arbitration And Conciliation Act, 1996.