Terms and Conditions with Users
This agreement is entered between Smart24x7 Response Services Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 10, Gulmohar Marg, DLF City, Phase-II, Gurgaon – 122 002, Haryana, India (hereinafter referred to as “SMART24X7”), through its website www.smart24X7.com and ‘You’ as a visitor on the Website (hereinafter referred to as “User”)
The terms and conditions set out in this agreement shall be valid and enforceable from the date of its acceptance by the User. The User may proceed to avail SMART24X7 Services through this Website only if the User accepts this Agreement by clicking on “I Agree” button placed at the bottom of this page and / or at any other place at this web page. If the User does not agree with any of the following terms and conditions, please do not register or proceed further.
Whereas www.smart24X7.com is a website (“Website”) owned and managed by the SMART24X7 that provide various services and information to the Users using its mobile application for Emergency Alert Services and facilitate the Users to send alert messages using his registered Android based Smart phone with an internet connection (GPRS, 2G or 3G) to a pre-defined group defined by the User himself through SMS along with the subscriber’s name and current location. In addition, Smart 24X7 mobile app also offers several other useful features i.e. in case the User or anyone is in trouble and the User requires PAF (Police, Ambulance and Fire) assistance or services and also a variety of other services and work as an online link between the User and PAF Agencies.
And Whereas the User being aware about the multiple benefits of utilizing services of www.smart24X7.com (“the Website”), intends to avail SMART24X7’s services.
NOW, THEREFORE, in consideration of covenants set forth herein, the Parties, out of their free will and consent, have entered into this Agreement and the Parties intending to be legally bound, hereby agree as follows:
- Agreement Documents: This Agreement is the entire agreement between SMART24X7 and the User with respect to the use of the Website and / or access to the mobile application Services / deliverables and supersedes all inquiries, proposals, agreements, negotiations and commitments, whether written or oral, before the execution date of this agreement. This Agreement and the attached Exhibits exclusively will govern any purchase and sale of services under the Website/mobile application by the User / SMART24X7. User’s access to or use or navigation or surfing or the like of the Platform/Web site/Mobile application for any of the offered Services or otherwise shall mean User’s acceptance of these terms and conditions (including Exhibits). SMART24X7 is under no obligation to sale or license any offered services to the User unless the User accept this Agreement by clicking on “I Agree” button placed at the Website or the Mobile Handset application / screen. This agreement is a non-exclusive agreement and does not preclude / prohibit SMART24X7 from entering into another agreement for the same services with another User or any number of users.
- Registration / Login on the Website / Mobile Application:
- If the User would like to avail the Services, the User shall be allowed to create an account by using the Website/Mobile Application. Pursuant to acceptance of this form, the User shall be able to use Smart24X7 services on payment of requisite registration charges / service charges.
- The User shall be liable to pay non-refundable registration fee/ service fee with applicable taxes to SMART24X7 as per SMART24X7 policy from time to time.
- The User shall at all times be responsible for maintaining secrecy and confidentiality of his/ her User ID and Password (collectively “Log-in”). User understands and acknowledges that, any loss incurred due to sharing/leakage of Log- in details shall be the sole responsibility of the User / individual, and SMART24X7 will not be responsible for loss of any resultant data or information or money or compensation of any kind.
- Only those users shall be eligible to register with the Website/ Mobile Application and avail its services, who have completed minimum 18 years of age and are otherwise competent to enter into a contract as per the “Indian Contract Act, 1872”
- SMART24X7 shall display on its Website/ Mobile Application information about its Service providers which are registered with it.
- SMART24X7 or the EIs may, at its discretion, contact the User personally through phone or e-mail or Website for clarification of his/her queries / communications. SMART24X7 neither guarantees nor owes any responsibility or role for response of any query posted by the User.
- SMART24X7 shall act only as a facilitator for sending of SMS Alerts to the PAF Agencies and / or group defined by the User (as the case may be). Any action or response to those alerts shall be at the sole discretion/decision of the PAF Agencies and / or group defined by the User.
- SMART24X7 bears no responsibility as to the authenticity of the information posted on its Website/Mobile application about Service providers registered with it and the respective Service providers will be responsible for providing and updating correct information about its profile or other data on the Website/Mobile application. However, SMART24X7’s Customer Care department may help the User to clarify its doubts about the Website/Mobile application services, if any. The acceptance or rejection of an alert call is solely at the discretion of the relevant PAF Agencies or the respective service providers and SMART24X7 will not be responsible for the same at any time.
- Some areas of the Website/Mobile application may require you to provide your personal information / details for creating your Account / Profile. When and if a User does the same, he/she agrees to:
- Provide accurate, current and complete information as prompted in the Registration form or any such form which requires the user to enter personally identifiable information.
- Maintain and update his /her personal information (including email address, contact phone nos. etc.) at all times.
- The User acknowledges that, if any information provided is untrue, inaccurate, not current or incomplete, SMART24X7 will give a written notice to the User and request to provide the correct and complete information. Even after the notice, if the User fails to provide the correct and complete information, SMART24X7 reserves the right of terminating this Agreement with the User and to stop the use of the Website/Mobile application services by the User.
- Upon providing his/her personal information, the User agrees that he / she may be contacted by SMART24X7 for payment of Service Charges or any other inter – connected or related or associated services through e-mail, voice call, telephone, SMS and correspondence etc. (collectively “Communication”).
- The User shall not have any objection upon any Communication by SMART24X7 or its service providers or by any third party on behalf of SMART24X7 or its service providers regarding any matter connected with SMART24X7 Platform / Site / Mobile application. Notwithstanding the Users registration with ‘National Do Not Call Registry’ Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India (TRAI), the user hereby expresses its interest and accords his/her willful consent to receive such communications and the User further confirms that any communication, as mentioned hereinabove, shall not be construed as ‘Unsolicited Commercial Communication’ under the TRAI guidelines.
- ConfidentialityThe personal information/ data collected from the User shall be disclosed to the Service Providers and PAF Agencies, wherever required. The User agrees that SMART24X7 may use the data collected by the Website/Mobile application for effective performance of its functions and for general statistical analysis and for promotional purposes.Save as otherwise provided in this Agreement, SMART24X7 shall make reasonable efforts to secure the electronic storage and transmission of data using appropriate security features and ensure that every person involved with SMART24X7/Website/Mobile application shall maintain confidentiality of User’s personal information shall also ensure that the same remain secured from unauthorized disclosure to third parties. Notwithstanding anything contained in this clause, SMART24X7 or its Service Providers and PAF Agencies shall not liable for,(a) where the User has himself/ herself or through their representatives or agents shared any personal information with any third party by providing access to his/ her account / Log-in details or through any other means; (b) has given such personal information voluntarily through any other Website/Mobile application; (c) is or becomes generally available to the public domain other than as a result of disclosure under this paragraph; (d) had been previously possessed by SMART24X7 or its Service Providers or PAF Agencies without restriction against disclosure at the time of receipt by SMART24X7 or its Service Providers or PAF Agencies; (e) was subsequently rightfully received from a third party without an obligation of confidentiality; or (f) was disclosed by the User to a third party on a non-confidential basis. The recipient shall be deemed to have met its confidentiality obligations as long as it exercises the same level of care to protect its own confidential information.SMART24X7 reserves the right without prior notice to disclose the personal information of the User including the contents, materials, if the same is required; (a) in order to comply with any order/written directive/ judgment/decree of Court or by any government or quasi-judicial authority;(b) by applicable law; (c) by professional/legal advisers, consultants, in connection with these terms and conditions or otherwise; (d) for investigating potential violations of the terms herein or applicable laws;(e) for investigating deliberate damage to the Services or its legitimate operation; (f) for responding to service support requests, or (g) for protecting the rights, property or safety or security of SMART24X7, its subsidiaries, affiliates or Group Companies, Sub-contractors, suppliers, service providers, Channel partners, EIs, and/or Directors, employees consultants, advisors, representatives, agents, of SMART24X7 or of its subsidiaries, affiliates or group companies, PAF Agencies, sub-contractors, suppliers, service providers, Channel partners and the general public at large.
- `Ownership of Materials and Restrictions:All content on this Site/Mobile application, including site layout, screen designs, software, images, photographs, text, logos, data, graphics, audio, video clips, icons, services and other similar materials (collectively, “Materials”) are the Properties of SMART24X7 or licensed to SMART24X7 for limited use and are protected under the patent, copyright, trademark and all other intellectual property laws. The User cannot copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of services and /or materials obtained from our site in any medium or manner to anyone. No part of the site may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of SMART24X7. The User may print or download content from the Site/Mobile application for personal, non-commercial use only, provided, he/she adhere to all patent, copyright, trademark and other proprietary obligations and / or notices of the Site/Mobile application.The User cannot use the Services of the Site to publish or distribute any information (including software or other content/material) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, offensive, profane, pornographic, threatening, or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. SMART24X7 reserves the right to exercise editorial control over the content/ material that is submitted or distributed through its site/Mobile application and/or services. The User cannot, without the approval of SMART24X7 use the Site/Mobile application to publish or distribute any advertising, promotional material, or invite other users of the Site/Mobile application to use any of services. The User cannot use the Site/Mobile application to download and re-distribute or share public information for personal gain or use the Site/Mobile application and/or services to distribute multiple copies of public domain information.
- Third party links or links to other websitesThis Site/Mobile application may contain links to other Internet Websites or resources only for the convenience of the User of this Site. SMART24X7 is not responsible for the availability or content of these external Websites /Mobile application, nor does it endorse, warrant or guarantee the Products, services or information described or offered at these other Websites/Mobile application. SMART24X7 shall not be responsible for the contents, privacy practices or policies of such third party Websites/Mobile application and the privacy policies of this site/Mobile application shall not apply to those Websites/Mobile application or to any information collected otherwise by any third party, nor shall be liable for any loss, damage or claim in relation to the same.
- Disclaimer of Warranty:
SMART24X7 expressly disclaims warranties of any kind for any use of or any access to www.smart24X7.com and/or for any material, information, links, or content presented on this Site/Mobile application, to any external Website/Mobile application linked thereto, and to any external material, information, links, or content linked thereto.Neither SMART24X7 or its affiliates, nor any third-party content providers or licensors gives any warranty whatsoever, including without limitation, that the operation of the application / website will be uninterrupted or error-free; including the server that makes it available, is free from viruses or other harmful components; as to the results that may be obtained from the use of the content or other materials on the website; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the Site/Mobile application.This Site/Mobile application and all content, products and services included in or accessible from this Site (including but not limited to any third-party information) are provided “as is” basis and without warranties or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non infringement and the implied warranties of merchantability and fitness for a particular purpose), all of which SMART24X7 disclaims to the fullest extent permitted by law. The use of the Site/Mobile application is at the User’s own risk. SMART24X7 gives no warranty regarding the quality of any Products or Services.
- Limitation of Liability:For breach or default by SMART24X7 of any of the provisions of these terms and conditions or the resultant agreement, SMART24X7’s entire liability, regardless of the form of action, whether based on contract or tort or otherwise (including negligence), will in no event exceed the Service Charges paid to SMART24X7 by the User, under this agreement during last 12 months from date of cause of action.To the fullest extent permitted by law, in no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall SMART24X7 be liable, for special, incidental, indirect, or consequential losses or damages of any kind (.including but not limited to, loss of business, loss of revenue, loss of profits, loss of data, failure to realize expected profits or savings or other commercial or economic loss of any kind) arising out of any access to or any use of or any inability to access or use of this Site/Mobile application (including any material, information, links, and content accessed through this Site/Mobile application or through any linked external Website/Mobile application or its services).
- Intellectual Property
SMART24X7 has created, acquired or otherwise has rights in, and may, in connection with the performance of services hereunder, employ, provide, modify, create, acquire or otherwise obtain rights in, various concepts, ideas, methods, methodologies, procedures, processes, know-how, and techniques; models (including, without limitation, function, process, system and data models); templates; the generalized features of the structure sequence and organization of software, user interfaces and screen designs; consulting and software tools and utilities and routines (collectively, the “SMART24X7 Intellectual Property”).Except for the Content submitted by the Users, and Registered members, SMART24X7 retains all right, title and interest to SMART24X7 Intellectual Property, documentation, software, Platform and Website/Mobile application developed by it. SMART24X7 shall continue to own all right, title and interest in all patents, trademarks, copyrights, confidential information, trade secrets, and other intellectual property rights as it owned on the effective date of this agreement. No license under any patents, trademarks, copyrights, confidential information, trade secrets, or other intellectual property rights is granted or implied by either party. The User shall acquire no right or interest in such intellectual property. Nothing in this agreement shall be construed as precluding or limiting in any way the right of SMART24X7 to sale or supply or provide services of any kind or nature whatsoever to any person or entity. In addition, and notwithstanding anything herein to the contrary, the User acknowledge and agree that (a) SMART24X7 will own all right, title, and interest, including, without limitation, all rights under all patents ,trademarks, copyright, and other intellectual property laws, in and to the SMART24X7 Intellectual Property, and (b) SMART24X7 may employ, modify, disclose, and otherwise exploit the SMART24X7 Intellectual Property (including, without limitation, providing Services or creating programming or Systems for other customers / clients/users) as it may deem fit from time to time.
- License Disclaimer:
Nothing on any SMART24X7’s Site/Mobile application shall be construed as conferring any license under any of SMART24X7’s or any third party’s intellectual property rights, whether by estoppels, implication, or otherwise.
- User and Service provider Conduct:
- The User represents that he/she is not under any legal or other disability which limits his/her ability to comply with these above Terms and Conditions of use, and any other relevant terms hereto.
- The right to use the SMART24X7 Platform / Site/Mobile application is personal to the User and is not transferable to any other person or entity. The User shall be solely responsible for all activities happening under his/her Log-in whether authorized or not. User agrees to immediately notify SMART24X7 of any unauthorized use of his/her Account and Log-in.
- In case the User will find / learn of any malfunctioning of any feature of the Site/Mobile application either on its own or through a prospective applicant, he/ she shall immediately inform SMART24X7 in writing by e-mail and SMART24X7 shall take reasonable measures to rectify the error in shortest possible time.
- In case any inaccuracy is or otherwise improper content is sighted on the Site, or any query related to any issue, usability, feature provided on the Platform / Site / Mobile application or for any malfunction, inactive button or any suggestion for improvement of Platform/ Site/Mobile application, please notify the webmaster through the “contact us” page and SMART24X7 will make all reasonable efforts to promptly determine and remedy the same.
- User agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services, from www.smart24X7.com for any commercial purposes.
- While it is SMART24X7’s objective to make the Platform / Site /Mobile application accessible at all times, the Platform / Site /Mobile application may be unavailable from time to time for any reason including, without limitation, routine maintenance or get corrupted or security threats or hacking or quarantine restrictions due to bugs, etc. User understand and acknowledge that due to circumstances both within and outside of the control of SMART24X7, access to the Platform / Site/Mobile application may be interrupted, suspended or terminated from time to time.
- SMART24X7 shall have the right to make suitable changes in the Platform / Site/Mobile application due to up-gradation of technology or technical inventions or business practices.
- SMART24X7 shall have the right, but not the obligation, to monitor the content of the Platform/ Site/Mobile application at all times and to delete any disputed or unauthorized or other content at its sole discretion at any time.
- SMART24X7 is a facilitator for sending of SMS Alerts to the PAF Agencies and / or group defined by the User (as the case may be and working as a service provider and not to be held responsible for any incorrect data, information, details, contents, documentation and input – output results to the Users of the Platform /Site /Mobile application
- SMART24X7 does not take the responsibility of any loss or claim for reimbursement or compensation arising out of any information shared/maintained by it, its service providers or the other Users on the Platform / Site/Mobile application.
- E-mails and SMS sent out of the Platform /Site/Mobile application will be as per SMART24X7 offerings / policies. Users will be informed in case of change in policy.
- SMART24X7 may change the format and content of the Platform / Site / /Mobile application at any time or suspend its operation for support or maintenance work at its sole discretion, in order to update the content or make the Site/Mobile application more effective.
- SMART24X7 shall not be responsible for any errors or an omission contained on SMART24X7’s Site / Mobile application, and reserves the right to make changes anytime without notice. Mention of any products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by SMART24X7. Views expressed by the Users are made of their free volition; SMART24X7 does not endorse the same. No claim as to the accuracy and correctness of the information on the Site /Mobile application is made although every attempt is made to ensure that the content is not misleading.
- All maintenance schedules on SMART24X7 Platform/Site/Mobile application will be informed to the Users in advance and either a mail and / or message broadcasts will be sent to all the Registered users of Platform/ Site/Mobile application before the scheduled maintenance time. In case of any sudden or unscheduled maintenance requirements, SMART24X7 will ensure the minimal downtime.
- The SMART24X7 will not accept any responsibility towards patent, trademark, copyright and all other intellectual property rights of the content (s) incorporated into the Platform / Site/ Mobile application as per direction of the Users of the Platform / Site/ Mobile application, PAF Agencies or its Service Providers.
- SMART24X7 reserves the right to modify these Terms and Conditions at any time and the Users to review it frequently at the Platform /Sit/Mobile application.
- Unauthorized Transactions: SMART24X7 will not be liable for any unauthorized transactions and / or related losses that occur due to or during the use of Platform/Site/ Mobile application by the Users for the services being provided by SMART24X7. Any reliability or implementation on information which may arise by using this Platform/Site/Mobile application is the sole responsibility of the Users involved.
- Unintended Disruption SMART24X7 will not be liable for any loss, damage, claim or delay arising out of its failure (or that of its consultants or subcontractors or licensors) to perform hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of Users, any error, interruption, deletion, defect, or delay in operation or transmission, communication, line failure, data theft or destruction, or unauthorized access to, or alteration of the User communications whether caused by Act of God or deliberate attempts of third parties to gain unauthorized access or otherwise.SMART24X7 shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, cloud services, computers equipment, software; failure of email or SMS services, on account of technical problems or traffic congestion, including injury or damage to its User and/or Registered members or to any other person’s computer or other instruments or equipments related to or resulting from participating with the Site/Mobile application and/or in connection with this Site/Mobile application.
- Prohibited activities In consideration of being allowed to use the Site/Mobile application, the User agrees that the following actions shall constitute a material breach of these Terms and Conditions:
- Use of any part of the Site/Mobile application or its services for any purpose in violation of local, state, national, or international laws statute, ordinance, rule or regulation.
- Upload, post, transmit, publish or distribute any material or information which infringes, violates, breaches or otherwise contravenes the rights of any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- Send or post material that is unlawful, or which may potentially be perceived as being harmful, false, obscene, defamatory, threatening, harassing, abusive, hateful, defamatory, libelous, vulgar, obscene, or racially, ethnically, or otherwise objectionable or embarrassing to the another Member/ User/Registrants or any other person or entity including writing defamatory comments about SMART24X7 on the Website or any other Website or blog or by any means publishing it on the internet or in any manner whatsoever.
- Reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the Site/Mobile application, or any component thereof (including, but not limited to any materials or information accessible through the website);
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site/Mobile application; or
- Take any action that imposes an unreasonable or disproportionately large load on the Site/Mobile application infrastructure.
- Term “information” used herein shall mean any text, graphics, images, audio and video clips, logos, icons, written data, documents and links
VIII. Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site/Mobile application or that exposes the Website//Mobile application/ SMART24X7 to any liability or detriment of any type.
- Interfere with or disrupt computer networks connected to the Site/Mobile application;
- Upload, post, transmit, publish, or distribute any material or information for which he/she does not have all necessary rights and licenses;
- Interfere with or disrupt the use of the Site /Mobile application by any other user, nor “stalk”, threaten, or in any manner harass another user;
- Upload, post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Site/Mobile application, or that of other computer systems;
- Use the Site/Mobile application in such a manner as to gain unauthorized entry or access to the computer /phone systems of others;
- Upload, post, transmit, publish or distribute any material or information which constitutes or encourages conduct that would constitute a criminal offence, give rise to a liability, or otherwise violate applicable law;
- Any other illegal or unlawful activity in connection with the Site/Mobile application.
- Misuse of Platform / Web Site / Mobile Application:
- In case, the User found abusing the Platform or Web Site or Mobile Application, SMART24X7 will inform the User in writing to correct this behavior. If this behavior is continued by the User, SMART24X7 will give a written notice to the User. Even after the notice, this behavior is continued and the user fails to stop further abusement or correct its behavior, SMART24X7 reserves the right of terminating the Services to the defaulting user after 7 days written notice and shall not be liable to any cost or compensation.
- SMART24X7 also reserves the right of blocking any user from accessing the Platform/ Web Site/Mobile application, if found abusing the Platform or Web Site or Mobile application (including Hacking Attempts / cross scripting, Screen Scraping etc).
- SMART24X7 shall have the right to terminate the Services for particular Users / Sub scribers / Registrants, in case they send any unwarranted or false calls to PAF Agencies or the Service Providers or to SMART24X7.
- SMART24X7 Platform / Web Site/Mobile application cannot be used for settling down any dispute between PAF Agencies or the Service Providers and the Users/ Subscribers / Registrants. SMART24X7 shall not be held responsible for any dispute between PAF Agencies or the Service Providers and the Users/ Subscribers / Registrants.
- Refund Policy:
- Refund Policy for Emergency Alerts: Refund for Emergency Alerts services to be given only if SMART 24×7 fails to deliver the services. Such refund shall be given on pro- rata basis for the undelivered period only.
- Refund Policy for PAF services: The subscription is for the Platform provided by SMART24X7 response services only. Since SMART 24×7 is into sending the alerts to the respective PAF agencies, therefore, SMART24X7 is not liable for any refund, in case of disruption or discontinuation of services provided by the respective PAF agencies.
- To the fullest extent permitted by applicable law, the User indemnifies SMART24X7, its group companies, affiliates, subsidiaries, shareholders, directors, employees, representatives, agents, suppliers, subcontractors, consultants, advisors, channel partners and advertisers harmless from any claim or demand by third parties and resulting liabilities, losses, damages, compensation, costs and expenses (including reasonable legal costs and attorney’s fees) which may arise out of or resulting from any default, negligence or breach of any of his / her obligations or covenants contained in this Agreement or Terms and Conditions of use of the Platform / Website /Mobile application from any direct, indirect, incidental, special, consequential, punitive damages and shall settle all claims with respect thereto at its own costs. The User indemnifies SMART24X7 for all the liabilities under this subparagraph.
- The User will be responsible for all reversals, charge backs, claims, fees, fines, penalties and other liability incurred by SMART24X7, other users, and all third parties caused by or arising out of the User’s default, negligence and breach of these Terms and Conditions for use of the Website/Mobile application Services.
- Term & Termination:The Parties to this Agreement agree that this Agreement shall be binding with effect from the date of its acceptance by the User and shall remain valid unless the User choose to click on unsubscribe / discontinue button on the Website/Mobile application or terminate in writing by one month’s prior notice to SMART24X7. In case of any breach or default by the User, SMART24X7 may, at any time, discontinue the operation of Website /Mobile application without any notice. Discontinuation of the operation of Website/Mobile application shall result in automatic termination of this Agreement without any liability or obligations. This Agreement may be terminated by either party upon 30 days notice to other.
- Dispute resolutionSMART24X7 will attempt in good faith promptly to resolve any dispute arising hereunder by negotiations. If unsuccessful, SMART24X7 will attempt in good faith to settle the dispute by non-binding third-party mediation, with mediator fees and expenses apportioned equally to each side. Any dispute not so resolved by negotiation or mediation may then be submitted to the sole Arbitrator to be appointed by the Directors of SMART24X7 and the Act and Rules of The Indian Arbitration and Conciliation Act, 1993 shall apply and the award made in pursuance thereof shall be binding on the Parties. The venue of the Arbitration shall be Delhi only and the proceedings of the Arbitration shall be conducted either in Hindi or English, as mutually agreed between the Parties. These procedures are the exclusive procedures for the resolution of all disputes between the Parties.
- Governing Law and Jurisdiction:All disputes arising under this agreement will be governed by and interpreted in accordance with the Laws of India and the User/Subscriber/Registrants agree that all the disputes will be subject to the exclusive jurisdiction of the courts of Delhi.
- Amendment of the Agreement: SMART24X7 may at any time amend the terms and conditions of this Agreement without any prior notice to the User. However, a notice to that effect shall be displayed on the website/Mobile application itself. The amended terms shall be effective and binding upon the User/Subscriber/Registrants with their full force.
- Assignment: This Agreement and the rights and liabilities hereunder shall bind and inure to the benefit of the respective successors and permitted assigns of the Parties. The User/Subscriber/Registrant shall not assign or transfer any of its rights, facilities and liabilities hereunder to any other Person without the prior written consent of SMART24X7.
- No Partnership or Agency: Nothing in this Agreement (or any of the arrangements contemplated by it) shall be deemed to constitute the other party as its agent, partner, joint venture, or legal representative, and no party has express or implied authority to commit or to bind the other party in any manner whatsoever.
- Severability: Any covenant or provision of this agreement determined to be void or unenforceable in whole or in part will be deemed not to affect or impair the validity or enforceability of any other covenant or provision.
- Waiver: Any waiver, express or implied, or the taking of deferred action by SMART24X7 of any breach by the User of any of the provisions of this Agreement will not operate as a waiver with respect to that or any similar or other breaches of this agreement.
- www.smart24X7.com provides a variety of forums for its registered members to express themselves in the form of blogs, comments, reviews and photographs. You truthfully assert that the content being contributed is yours and that you own the copyright of the content.
- The content on the website/Mobile application is posted by www.smart24X7.com; it’s registered Service Providers, its Users, its Subscribers, its visitors and its registered members. www.smart24X7.com will attempt to ensure the integrity and the accuracy of the Website/Mobile application in the Content and or Services but it does not guarantee that the information is accurate or complete or current. www.smart24X7.com cannot be held liable for inaccuracy of any information, data, photograph or document appearing/listed on the Website /Mobile application or any damage caused by the same. It is www.smart24X7.com’s policy to correct any such inaccuracy reported within 7 days of receipt.
- The opinions and reviews expressed on www.smart24X7.com belong to its Users, its Subscribers, its visitors and its registered members and www.smart24X7.com will not be held liable in any way about the content of the opinions and reviews. The platform/Website/Mobile application allows the Users to express their views about different services and any issues thereof belong to the respective contributors.
- If you enter into correspondence or engagement or commercial transactions with third parties in connection with your use of the www.smart24X7.com Services, such activity is solely between you and the applicable third party. www.smart24X7.com shall have no liability, obligation or responsibility for any such activity of the User/ Subscriber /Registrant. The User hereby releases www.smart24X7.com from all claims arising from such User’s/ Subscriber’s /Registrant’s activity.
- SMART24X7 sometimes solicit or accept submissions from children (minors), some of which may be posted on our sites. Such submissions may only be made offline. If a children (minor) wants SMART24X7 to post a photograph or any other personally identifiable information, we require parent’s/legal guardian’s permission and release form. When such children make submissions to SMART24X7 offline, SMART24X7 may choose to retain all of the information they submit to us. Unless we receive a parent’s/legal guardian’s permission form, SMART24X7 screens all offline submissions before they are posted, and at its option, may discard any submission for posting on the Website/Mobile Application or edit any contents that it may contain. Such parents/legal guardians agree to be financially responsible for their children (minors) access of the Website/Mobile Application and use of the Website/Mobile Application and its services.
Applicable for all: I hereby, as a User of www.smart24X7.com Website/Mobile Application, carefully read and agree to all the above said terms and conditions before using www.smart24X7.com Website/Mobile Application. By using this Website/Mobile Application, I am accepting to be bound by the provisions of these terms & conditions.
Applicable for persons under the age of 18 yrs.: I hereby as a User declare that my parents / legal guardians are aware of my visiting / using to www.smart24X7.com / Mobile Application. and the permission has been granted by them to use the Website under their active surveillance, except for any monetary transactions. I affirm to abide by and comply with terms and conditions, obligations, affirmations, representations, and warranties set forth herein. All monetary transactions will be made by my parents / legal guardians themselves. If you don’t have the said requisite permission, you must please stop using this Website/Mobile Application and its Services.
User agrees to be financially responsible for all of User’s access of the Website/Mobile Application and use of the Website/Mobile Application and its services [as well as for use of User’s account by others, including without limitation children (minors)].