Part 3: GENERAL TERMS AND CONDITIONS
The SMARTWARE FORMULATION
Last Modified: September 2020
These terms and conditions (“the terms”) directs the users (‘You’ or “Your”) use of https://thesmartware.com (the “website”) please read and refer to these Terms of Use (“Terms”) carefully as operated by TheSmartWare referred to as (“us”,”we”, or “our”). .
Your acceptance and usage of our services clearly shows you are bound by these terms of use and any divergence on your account will tend to restrain you from availing any services from us. The terms and conditions create an obligation between you and TheSmartWare i.e. TheSmartWare (the “Agreement”). You are requested to read the Agreement with due care. To confirm your understanding and acceptance of the Agreement, click “Agree.” TheSmartWare will not be held liable for any; loss occurred on account of any failure in reading and reviewing these terms carefully.
This Agreement governs your use of TheSmartWare services, through which you can buy. The TheSmartWare only serves business units who wish to promote, display, reproduce and advertise their profile on our online portal or through third party advertisers, Partner , Publisher, Vendor, Seller which are assessed by us only. The services as provided on this website is clearly not meant for the “Consumers” as defined under the Consumer Protection Act, 2014. By accepting these terms, you confirm that you are using these services for commercial purpose only and not for earning your livelihood by means of self-employment. You understand, acknowledge and agree to comply with the ‘user’ and ‘vendor’ terms which will be read along with these terms.
By approving to these Terms, you signify and warrant to us that:
The website is provided on ‘as is’ and ‘as available’ basis without any representation made and we make no warranties whether in expressed or implied form pertaining to its use. We will not be responsible for the security or privacy of the website and of any information provided by you as acknowledged by you. You will bear all the risk related to the use of internet. In specific, we expressly deny all liabilities in connection with the following:
There are many different ways you can use our services – to promote, advertise, display your profile and share information with other people or to promote your content. When you share information with us, for example by creating an Account, we can make those services even better –to make sharing with others quicker and easier and to help display and promote you with people. In order to avail our services, we wish to be clear how we’re using your information as shared by you via forms and the means in which you can safeguard your privacy. All Personal Information that TheSmartWare collects from users by the use of the websites and services provided by us are submitted by users voluntarily and provide in the course of all business relations will handled by TheSmartWare in regards to applicable data protection provisions.
Our Privacy Policy describes:
Our motive to collect information to provide better services to all of our users – from figuring out basic stuff like your user name or actual name, your age, your content on your profile which you wish to promote( including image, picture, text, software, videos etc;) which language you speak, to more composite details like the people who matter most to you online.
TheSmartWare saves and uses data to prevent and combat fraud and abuse on TheSmartWare websites and services and to offer services adapted to our users. All details are laid out in this privacy policy.
Information you give us. For example, any of our services require you to sign up for a TheSmartWare Account. When you do, we’ll ask for personal information, like your name, email address, telephone number or credit card to store with your account.
Information we get from your use of our services. We collect information about the services that you use and how you use them. This information includes:
Device:
We collect your device-related information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number). TheSmartWare may associate your device identifiers or phone number with your TheSmartWare Account.
Log in:
When you use our services or view offers provided by TheSmartWare, we automatically gather and store certain information in server logs. This includes:
Location information:
When you use TheSmartWare services, we may collect and process information about your actual location. Various technologies help us to determine users location, including IP address, GPS, and other sensors that may, for example, provide TheSmartWare with information on nearby devices, Wi-Fi access points and cell towers.
Information we collect when you are signed in to TheSmartWare, in to the services that users voluntarily submit and provide during the course of all the business relations as handled by TheSmartWare in compliance with the data protection legal provisions. When information is associated with your TheSmartWare Account, we treat it as personal information. For more information about how you can access, manage information that is associated with your TheSmartWare Account, visit the Transparency and choice section of this policy. It is to be noted all the information as collected by us is well encrypted.
People tend to hold different privacy concerns. We wish to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example, you can:
You may also set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that many of our services may not function properly if your cookies are disabled. For example, we may not remember your language preferences.
Many of our services let you share information with others. Remember that when you share information publicly, it may be indexable by search engines, including TheSmartWare. Our services provide you with different options on sharing and removing your content.
Whenever you use our services, we aim to provide you with access to your personal information. In any case if information is wrong, we strive to give you options to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.
On any unreasonably repetitive, require disproportionate technical effort, risk the privacy of others, we may reject requests. All the users and the publisher user are entitled with the right to manage, access, change and delete all the information as collected by us.
Instances where we can provide information access and correction, we will do so for, except where it would require an inconsistent effort. Our aim is to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems.
We do not share personal information with companies, organizations and individuals outside TheSmartWare unless following circumstances applies:
Please review our Privacy Notice, which also governs your visit to https://thesmartware.com, to get familiar with our practices. The personal information / data provided to us by you during the course of usage of TheSmartWare is considered confidential and in accordance with the Privacy Notice and applicable laws and regulations and rules if any. As the services availed by you is completely on your own will and if you object to your information being transferred or used, please do not avail our services or use the website.
In case for legal reasons or any requirement by law:
We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. we may share information publicly to show trends about the general use of our services. If TheSmartWare is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
The data as collected by us is well protected and we ensure to provide utmost security to the same. We tend to keep a regular check on the compliances and obligations as to be followed by us with regard to services provided and data collected for the same. The implications as provided under the Information and Technology Rules 2011, will govern our role acting as an intermediary to promote; display and boost your business or your profile. We also adhere to several self-regulatory frameworks; we assure will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including Data Protection laws, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly
Our Policies may change from time to time. We will not reduce your rights under this Policy without your explicit consent. Any policy changes will be posted on this page and, if the changes are significant in nature, we will provide a more prominent notice (including, for certain services, email notification of policy changes). We will also keep prior versions of this Policy in an archive for your review.
You understand, acknowledge and agree that the website is an online platform that enables you to avail our services as enumerated on the website at the price indicated therein at any time from any location. You further agree and acknowledge that TheSmartWare is just facilitator and, in any case, cannot be a party to or control in any manner any transactions on the website.
We employ cookies which is being used by many communicable websites in today’s time to keep a check on your IP address and sites you often use, but if you’re not familiar with terms like cookies, IP addresses, pixel tags and browsers, understand these key terms first. Your privacy matters to TheSmartWare so whether you are new to TheSmartWare or already using our services, please go through to get to know our practices. By agreeing to use our services you accept cookies as well by clicking I accept option in the pop up which will appear once you visit our webpage.
You should not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or diminished in any way. You understand that you, and not TheSmartWare, are responsible for all electronic communications and content sent from your computer to us.
You must not use the website for any of the following:
These conditions are governed by and interpreted with regard to the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.
Any failure on providing services to users on account of an unforeseen circumstances including natural calamity or any pandemic arising out of any virus or flu which are out of human control and are unavoidable will attract limited liability on our account on us.
It is suggested to contact our nodal officer on account of any queries with these terms or any terminology used herein. The details are as follows;
Name: Avaneesh Kumar
Contact No:
Email ID: legal@thesmartware.com
No refunds will be made to Paypal. After a deposit has been completed, there is no way to reverse it. You must use your balance on orders from TheSmartWare.
You agree that once you complete a payment, you will not file a dispute or a charge-back against us for any reason.
If you file a dispute or charge-back against us after a deposit, we reserve the right to terminate all future campaigns , ban you from our site. We also reserve the right to take away any followers or likes we delivered to you or your clients Instagram/Facebook/Twitter or other social media account.
Campaigns placed in TheSmartWare will not be refunded or canceled after they are placed.You will receive a refund credit to your TheSmartWare account if the order is non deliverable.
Misplaced or Private account orders will not qualify for a refund. Be sure to confirm each and every order before placing it. Private accounts would not a get a refund! Please insure that your account is public before ordering.
Fraudulent activity such as using unauthorized or stolen credit cards will lead to termination of your account. There are no exceptions.
Please do not use more than one server at the same time for the same page. We cannot give you correct followers/likes number in that case. We will not refund for these orders.