1.1 Please read these Terms and Conditions carefully. By using the Service (as defined below) you agree that you have read and understood the terms in these Terms and Conditions which are applicable to you. These Terms and Conditions and the Smartie Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and Smartie (as defined below). The Agreement applies to your use of the Service/s provided by Smartie. If you do not agree to the Terms and Conditions please do not use or continue using the Platform (as defined below) or Service/s.
1.2 Smartie may amend the terms in this Agreement at any time. Such amendments shall be effective once they are posted on http://www.Smartie.com or in the Smartie Super App. It is your responsibility to review the Terms and Conditions and Smartie Policies regularly. Your continued use of the Service/s after any such amendments whether or not reviewed by you shall constitute your agreement to be bound by such amendments.
1.3 SMARTIE GROUP LIMITED IS A “FINANCIAL TECHNOLOGY COMPANY” WHICH PROVIDES A PAYMENT PLATFORM FOR USERS TO OBTAIN OR PROCURE GOODS AND SERVICES. DEPENDING ON THE GOODS OR SERVICES IN QUESTION, THE GOODS OR SERVICES MAY BE SUPPLIED BY SMARTIE, A PARTNER, OR THIRD PARTIES. WHERE THE GOODS/SERVICES ARE PROVIDED BY A PARTNER OR THIRD PARTIES, SMARTIE’S ROLE IS MERELY TO LINK THE USER WITH SUCH PARTNERS OR THIRD PARTIES. SMARTIE IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNERS OR THIRD PARTIES. PARTNERS OR THIRD PARTIES SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS/SERVICES. PARTNERS OR THIRD PARTIES ARE NOT AND SHALL NOT HOLD THEMSELVES OUT TO BE AGENTS, EMPLOYEES, OR STAFF OF SMARTIE, AND THE SOLUTIONS PROVIDED BY PARTNERS OR THIRD PARTIES SHALL NOT BE DEEMED TO BE PROVIDED BY SMARTIE.
In these Terms and Conditions the following words shall have the meanings ascribed below:
2.1 “Super App” means the relevant mobile application(s) made available for download by Smartie to Users and Partners respectively;
2.2 “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions including SmartPay Merchants;
2.3 “User Charges” means charges incurred by Users for the solutions obtained through the use of the Service/s including any applicable tolls taxes and any other fees or charges that may be due for a particular use of the Service/s or Solution/s;
2.4 “Smartie” “we” or "us" means:
2.5 “Smartie Policies” means the following:
2.6 “Partner” means the independent third parties (who are not Smartie) who provide the relevant Solutions to Users through the Service/s including (a) driver-partners delivery-partners (b) our merchant-partners and (c) any other relevant goods and services providers;
2.7 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name nationality telephone number bank and credit card details personal interests residential address email address your image government-issued identification numbers biometric data race date of birth marital status religion health information vehicle and insurance information etc;
2.8 “Platform” means the Smartie Super App Software and any other platform portal or website which Smartie owns operates or otherwise makes available to Users and/or Partners for the purposes of or in connection with the Service/s and/or Solution/s provided;
2.9 “Platform Content” means any content as made available on the Platform or any part thereof;
2.10 “Privacy Policy” means our Privacy Policy accessible at: https://www.Smartie.com/privacy-policy/ as amended from time to time;
2.11 “Rectification Measure” means any corrective actions taken by Smartie including but not limited to correcting errors, updating information, or cancelling orders to ensure compliance with Smartie Policies and applicable law.
2.12 “Service” means the linking of Users to Partners or other Users to facilitate the Solutions;
2.13 “Software” means any software in connection with the Smartie Super App Service and/or Solutions which is made available by Smartie;
2.14 “Solutions” means the payment transactions transportation logistics food and beverage groceries and/or any other products and services which are made available to Users through the following offerings:
2.15 “you” refers to the Partner and/or User as may be applicable.
3.1 By using the Service and/or Platform you represent warrant and undertake that:
3.2 If you are a Partner you further represent warrant and undertake that:
3.3 If you are a User you further represent warrant and undertake that:
Different models or versions of routers browsers and devices may have firmware or settings that are not compatible with the Platform or part/s thereof. While we continuously develop the Platform and in order to as far as possible support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from we do not warrant or guarantee compatibility of the Platform with specific mobile devices or other hardware.
5.1 Smartie and its licensors where applicable grant you a revocable non-exclusive non- transferable limited license to use and access the Platform to use the Service subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Smartie and its licensors.
5.2 You shall not:
6.1 Payment Terms for Partners (SmartRide - Driver-partners/Delivery-partners)
6.2 Payment Terms for Users:
6.3 Offline Payment Feature
In the event that the User's mobile phone is offline for any reason the User will be enabled to make the payment by offering the Partner to scan the QR code in the User's mobile application. In order to complete the transaction the User will be able to enter the PIN on the Partner's SmartPay POS terminal.
6.4 SmartPayroll Feature
Partners will be able to use the SmartPayroll feature through which they will be able to manage payroll payments to their employees.
6.5 SmartCheckout Feature
Partners will be required to place our SmartCheckout feature on their websites. This payment gateway will be integrated into the Partner's web page shopping cart process and experience. Partner's customers will be able to make a payment either from their SmartPay wallet balance or pay using their Credit or Debit Card.
6.6 General Terms
As a Financial Service Provider and holder or a Remittance Licence we are regulated by the Financial Supervisory Commission (FSC) and Financial Investigations Unit (FIU) of the Cook Islands. We are required to always comply with any law regulation order instruction or direction given in order to comply with all FSC and FIU requirements from time to time. Any act directive or omission acted on by our office for the purpose of complying with any formal instructions or requests received from the FSC or the FIU will not be considered a breach of these Terms and Conditions by Smartie.
7.1 Cancellation Terms for Partners:
7.2 Cancellation Terms for Users (Transportation Solutions):
7.3 SmartFood Orders: Cancellation & Refund Policy
SmartFood cancellation windows, refund triggers, and reporting timeframes are governed by the policies described in the Smartie Platform Fees & Charges Schedule.
9.1 Users and Partners may be allowed to rate each other in respect of Solutions provided.
9.2 Every rating will be automatically logged onto Smartie’s system and Smartie may analyse all ratings received. Smartie may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10.1 Any complaints between Partners and Users must be taken up with each other directly.
11.1 Where applicable you shall be responsible for the cost of repairing any damage to or necessary cleaning of a Partner’s property as a result of your misuse of the Service or breach of the Terms and Conditions herein. Smartie may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash in the event a request for repair or cleaning request by the Partner has been verified by Smartie.
12.1 Smartie and its licensors where applicable shall own all right title and interest including all related intellectual property rights in and to the Platform and by extension the Service and any suggestions ideas enhancement requests feedback recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms and Conditions do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform or any intellectual property rights owned by Smartie and/or its licensors. Smartie’s name Smartie’s logo the Service the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Smartie or third parties and no right or license is granted to use them. For the avoidance of doubt the term “Platform” shall include its respective components processes and design in its entirety.
13.1 You agree that this Agreement is subject to all prevailing statutory taxes duties fees charges and/or costs however denominated as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable assist and/or defend Smartie to claim or verify any input tax credit set off rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2 If you are a Partner you are solely responsible and accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14.1 You shall maintain in confidence all information and data relating to Smartie its services products business affairs marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Smartie (whether orally or in writing and whether before on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Smartie or any of its affiliate companies or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service and shall not without Smartie’s prior written consent disclose such information to any third party nor use it for any other purpose.
14.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
15.1 Smartie collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Smartie’s Services and its terms are made a part of this Agreement by this reference.
15.2 Where applicable you agree and consent to Smartie its subsidiaries and any of its affiliate companies collecting using processing and disclosing Personal Data as further described in our Privacy Policy.
15.3 You acknowledge that Smartie may disclose Personal Data of other individuals to you in the course of your use of Smartie’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Smartie and not for any other unauthorised purposes.
15.4 SmartFood Data Sharing By placing a SmartFood Order, Users consent to Smartie sharing order details—including name, address, phone number, dietary preferences, and transaction information—with the relevant SmartFood Partner and Delivery‑Partner solely for the purpose of order fulfillment. Smartie will not sell User data to third parties.
15.5 Location Tracking for Delivery To facilitate order tracking, Users authorize Smartie to access and transmit real‑time GPS location data to the assigned Delivery‑Partner until the order is marked “Delivered.” Location access may be disabled at any time, but disabling location services may prevent accurate delivery.
16.1 During use of the Service you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Smartie and its licensors shall have no liability or obligation for any such communication or agreement. Neither Smartie nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform and in no event shall Smartie its licensors or its affiliate companies be responsible for any content products services or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services and Smartie is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Smartie is not liable for any information that you provide to or authorise us to provide to a third party or for such third party’s collection use and disclosure of such information.
16.2 Smartie may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidise the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.
16.3 You agree and allow Smartie to compile and release information regarding you and your use of the Service on an anonymous basis as part of a user profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service Platform and/or advertising or marketing material supplied by third parties through the Service.
16.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors omissions delays defamation libel slander falsehood obscenity pornography profanity inaccuracy or any other objectionable material contained in the content or the consequences of accessing any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
16.5 You acknowledge that the Platform utilises and modifies search results from Google Maps services and content and that by using the Platform you agree to comply with:
16.6 Save for factual truthful and not misleading references through a plain text link to http://www.Smartie.com or URL(s) which Smartie may specifically provide you with any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Smartie. Notwithstanding any other provisions any website software platform or other device that links to the Platform or any part thereof is prohibited from:
17.1 By agreeing to the Terms and Conditions upon using the Service or accessing the Platform you agree that you shall indemnify and hold Smartie its licensors and each such party’s affiliates officers directors members employees attorneys and agents harmless from and against any and all claims costs damages losses liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
18.1 Smartie makes no representation warranty or guarantee as to the reliability timeliness quality suitability availability accuracy or completeness of the Service Software Super App or Platform. Smartie does not represent or warrant that:
18.2 Smartie makes no representation or warranty of any kind whatsoever express or implied in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Smartie in respect of the same.
18.3 Where applicable Smartie’s role as collection agent is solely mechanical and administrative in nature and Smartie does not owe to you a duty of care or any fiduciary duties.
THE SERVICE PLATFORM SUPER APP AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY NOT CONNECTED OUT OF RANGE SWITCHED OFF OR NOT FUNCTIONING. SMARTIE IS NOT RESPONSIBLE FOR ANY DELAYS DELIVERY FAILURES DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
21.1 UNLESS OTHERWISE STATED AND TO THE FULLEST EXTENT ALLOWED BY LAW ANY CLAIMS AGAINST SMARTIE BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. SMARTIE AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION INCLUDING BUT NOT LIMITED TO:
21.2 SMARTIE DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY LEGALITY ABILITY MOVEMENT OR LOCATION OF ANY USERS OR PARTNERS INCLUDING MERCHANTS ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE SMARTIE FROM ANY AND ALL LIABILITY CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR PARTNERS INCLUDING MERCHANTS ADVERTISERS AND/OR SPONSORS.
21.3 SMARTIE WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR PARTNERS INCLUDING MERCHANTS ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE USER WITH A CURRENT CORPORATE ACCOUNT WITH SMARTIE SMARTIE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS INCLUDING MERCHANTS ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE SMARTIE FROM ANY AND ALL LIABILITY CLAIMS CAUSES OF ACTION OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.
21.4 THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND THEREFORE THAT BY USING THE SERVICE YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS OFFENSIVE HARMFUL TO MINORS UNSAFE OR OTHERWISE OBJECTIONABLE AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
21.5 SmartFood Liability Cap Smartie’s aggregate liability for any claim arising out of a SmartFood Order—whether in contract, tort, strict liability, or otherwise—is limited to the total amount paid by the User for that Order.
21.6 Partner Indemnification SmartFood Partners shall indemnify, defend, and hold harmless Smartie and its affiliates from any third‑party claims arising from (a) foodborne illness, allergic reaction, or injury caused by Partner‑provided food; (b) Partner’s breach of applicable health, safety, or packaging laws; or (c) Delivery‑Partner negligence.
22.1 Smartie may give notice through the Platform electronic mail to your email address held in the records of Smartie or by written communication sent by registered mail or pre-paid post to your address as held in the records of Smartie. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Smartie (such notice shall be deemed given when received by Smartie) by letter sent by courier or registered mail to Smartie using the contact details as provided in the Platform.
23.1 Unless otherwise stated herein these Terms and Conditions as modified from time to time may not be assigned by you without the prior written approval of Smartie but may be assigned without your consent by Smartie. Any purported assignment by you in violation of this section shall be void.
24.1 These Terms and Conditions shall be governed by the laws of the Cook Islands without regard to the choice or conflicts of law provisions of any other jurisdiction.
25.1 Nothing contained in these Terms and Conditions shall be construed as creating any agency partnership or other form of joint enterprise with Smartie.
26.1 If any provision of the Terms and Conditions is held to be invalid or unenforceable the legality validity and enforceability of the remaining provisions shall not be affected or impaired.
27.1 The failure of Smartie to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision.
28.1 All User and Merchant fee information has been relocated to the Smartie Platform Fees & Charges Schedule, including per-transaction fees, SmartFood commission rates, and driver payouts.
28.5 Modifications. Smartie may amend the fees or distance bands in Sections 28.1 from time to time in accordance with Section 1.2 (Amendments).
29.1 This Agreement comprises the entire agreement between you and Smartie in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions save where mutually agreed otherwise. For the avoidance of doubt where you have entered into a separate written agreement with Smartie which incorporates a reference to these Terms and Conditions these Terms and Conditions shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms and Conditions and the separate written agreement you agree to work with Smartie in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions which will be communicated to you.
30.1 You agree that we may do any of the following at any time without notice:
We shall not be required to compensate you for any modification suspension or termination.
30.2 Without prejudice to any other provisions we may vary modify or remove Platform content without notice (including without limitation information relating to the availability of a product or service product or service descriptions pricing promotions offers product shipping charges and transit time). In the event any Platform Content contains any typographical errors inaccuracies omissions or otherwise violates Smartie Policies we reserve the right to (but shall not be obliged to save to the extent where mandated by applicable laws) carry out any such measures as Smartie deems appropriate (collectively “Rectification Measure”) including without limitation:
31.1 Ownership Transfer: Any device issued by Smartie to a Merchant for the purpose of using the Smartie services shall remain the property of Smartie until the full cost of the device is paid off by the Merchant. Once the Merchant has fully paid for the device ownership of the device will be transferred to the Merchant.
31.2 Maintenance Responsibility: The Merchant shall be solely responsible for the maintenance repair and proper functioning of the device. Smartie shall not be liable for any damages defects or issues related to the device after it has been issued to the Merchant.
31.3 Damage Before Full Payment: If the device is damaged before the Merchant has paid off the device in full the Merchant will be required to pay the remaining balance owed to Smartie. The amount due will be calculated based on the original cost of the device minus any payments already made.
32.1 Merchant Responsibility: Any rewards prizes or promotional offers provided by Merchants through the Smartie platform are solely the responsibility of the respective Merchant.
32.2 Disclaimer of Liability: Smartie shall not be held liable for any issues disputes or problems arising from the rewards prizes or promotional offers made by Merchants. Users are advised to directly contact the respective Merchant in case of any grievances or issues related to such rewards or prizes.
If users opt to purchase a Smart Station then:
Details regarding pricing and payment options for Smart Station devices are outlined in the Fees & Charges Schedule. Merchants will take ownership of the Smart Station once the full cost has been paid.
Details regarding pricing and payment options for Smart Station devices are outlined in the Fees & Charges Schedule.
Payments will be deducted automatically from the merchant's Smartie account or other agreed payment methods.
Merchants are responsible for the care and maintenance of the Smart Station. In the event the Smart Station is damaged, stolen, or otherwise unusable, the merchant will still be required to continue making payments if they are on a monthly plan until the full balance is paid off.
Merchants can opt to purchase their own insurance for the device, as Smartie will not cover repair or replacement costs for damaged devices.
34.1 Delivery‑Drivers must maintain all required licenses and permits (including warrant of fitness and motor vehicle registration) and comply with applicable local vehicle regulations.
34.2 Delivery‑Drivers shall deliver all orders within the estimated delivery window provided at checkout. In the event of a delay exceeding 30 minutes beyond the delivery window due to the Delivery‑Driver’s neglect, the User will be notified and offered the option to cancel with a full refund. Smartie will recover this refund amount from the Delivery‑Driver through adjustments in their Driver Credit Balance, as per Section 6.
34.3 Delivery‑Drivers must transport food in a manner that preserves temperature, prevents contamination, and secures packaging integrity.
34.4 Users may request contactless delivery; Delivery‑Drivers will leave orders at the User's doorstep or other specified location and notify the User via app notification.
34.5 Smartie is not responsible for lost, stolen, or damaged orders once delivered; disputes must be reported within 30 minutes per Section 7.3.4.
Neither Smartie nor any SmartFood Partner shall be liable for delays or failures in performance caused by events beyond their reasonable control, including but not limited to ingredient shortages, supply chain disruptions, health department closures, extreme weather, or delivery network interruptions. Affected Orders will be canceled with a full refund.