Smartpey Solutions Private Limited Terms of Use
Your use of this Web site smartpey.com/Home means you agree to the following terms of use (the “Terms of Use”). If you do not agree with these terms, you should leave this Web site (the “Site”) immediately, not use the files herein, and/or not subscribe to this service.
PLEASE READ THESE TERMS AND CONDITIONS OF USE (HEREINAFTER REFERRED TO AS “TOU”) CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF https://smartpey.com/Home (HEREINAFTER REFERRED TO AS “WEBSITE”). YOUR USE OF THIS WEB SITE https://smartpey.com/Home MEANS YOU AGREE TO THE FOLLOWING TERMS OF CONDITIONS OF USE (THE “TERMS OF USE”) DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OR ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE, LEAVE THIS WEBSITE IMMEDIATELY, NOT USE THE FILES HEREIN, AND/OR NOT SUBSCRIBE TO THIS SERVICE.
By using this website, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Website terms and conditions of use. If you are using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept these Website terms and conditions on such entity’s behalf and that such entity agrees to indemnify Smartpey Solutions Private Limited for violations of these Website terms and conditions.
Smartpey Solutions Private Limited may revise and update these TOU at anytime and without notice. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes and you will be bound by the amended TOU.
1. OWNERSHIP OF THE SITE AND ITS CONTENTS
THIS SITE IS OWNED, HOSTED, AND OPERATED BY “SMARTPEY SOLUTIONS PRIVATE LIMITED” (HEREINAFTER REFERRED TO AS “Smartpey Solutions Private Limited“). Unless otherwise indicated, all the Content featured or displayed on the Website, including, but not limited to, photographic images, text, graphics, layout of the Website, Layout and content of Emails, Layout and content of Proposals, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement thereof (“Smartpey Solutions Private Limited Content”), is owned by Smartpey Solutions Private Limited, its affiliates, subsidiaries, its licensors, contributors, or its third-party image partners.
2. USE OF THE WEBSITE
This website and Smartpey Solutions Private Limited content are intended for customers of Smartpey Solutions Private Limited. You may not use this website or the Smartpey Solutions Private Limited content for any purpose not related to your business with Smartpey Solutions Private Limited’s content. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or Smartpey Solutions Private Limited content without, or in violation of, a written license or agreement with Smartpey Solutions Private Limited; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Smartpey Solutions Private Limited content by using framing, linking, meta-tag or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Smartpey Solutions Private Limited content product or service if you are not expressly authorized by such party to do so; (e) using the Website or the Smartpey Solutions Private Limited content other than for its intended purpose. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws, publicity and privacy laws, moral rights, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, copyright, trademarks, patents, privacy, and the transmission of technical data exported from India or the country in which you reside. You further warrant that you will not interfere with the security of or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You are allowed to use this Website only for lawful purposes and activities.
3. REGISTRATION DATA AND ACCOUNT SECURITY
In consideration of your use of the Website, you agree to: (a) provide correct, accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Smartpey Solutions Private Limited, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Smartpey Solutions Private Limited immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities from your account; and (f) accept all risks of unauthorized access to the registration Data and any other information you provide to Smartpey Solutions Private Limited.
4. INTELLECTUAL PROPERTY RIGHTS
Smartpey Solutions Private Limited is the sole owner and lawful licensee of all the rights to the website and its content. All materials on this website, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, and patents (Smartpey Solutions Private Limited Content) are the property of Smartpey Solutions Private Limited and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any Smartpey Solutions Private Limited content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Website and its Content shall remain with Smartpey Solution Private Limited, its affiliates or licensor’s, as the case may be and does not pass on to you or your representatives.
COPYRIGHT
Smartpey Solutions Private Limited, its licensors, its image partners, and contributors, as the case may be, own all copyrights in the represented images on the website. No ownership in any represented images shall be to anyone accessing this Website and using the Content. You shall not remove any copyright or other proprietary rights notice contained in the represented images or any related promotional materials provided on this Website. Smartpey Solutions Private Limited prohibits any Content or any other material that infringes on any copyright, trademark, patent, and trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to the Website.
Smartpey Solutions Private Limited respects the intellectual property rights of others, and we expect our user(s) to do the same. Smartpey Solutions Private Limited is not an expert in your intellectual property rights, and we cannot verify that the users and contributors to the website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our legal department as set forth below:
Smartpey Solutions Private Limited
A-7, Truck Parking, Timarpur Delhi North Delhi DL 110054
Email : info@smartpey.com
Smartpey Solutions Private Limited may give notice of a claim of copyright infringement by means of a general notice on the website, electronic mail to a user’s e-mail address, and may also remove the infringing content uploaded by the user. In the event, Smartpey Solutions Private Limited is not removing the said content; Smartpey Solutions Private Limited is not endorsing the sale of any such content.
TRADEMARKS
Infotech is the exclusive owner and holder of Smartpey Solutions Private Limited trademarks, images, and content of the website, www.smartpey.com, or any other trade names, trademarks, logos, or service marks, and any other slogan or design contained in the website and otherwise used in trade (”Smartpey Solutions Private Limited Marks”). Smartpey Solutions Private Limited Marks shall remain the sole property of Smartpey Solutions Private Limited, its affiliates and subsidiaries, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Smartpey Solutions Private Limited or the applicable trademark holder. You are not allowed to use, register, or assist others in using or registering any trademarks, trade names, logos, internet domain names, or any mark or name confusingly similar to Smartpey Solutions Private Limited Marks without prior written consent of Smartpey Solutions Private Limited. You will not now or in the future contest the validity of Smartpey Solutions Private Limited Marks nor will you oppose or assist others in opposing any registration of any of the Smartpey Solutions Private Limited marks. You are not allowed to use any Smartpey Solutions Private Limited marks in connection with any of your works. All goodwill accruing to the Smartpey Solutions Private Limited Marks shall belong to Smartpey Solutions Private Limited. You agree not to use Smartpey Solutions Private Limited Marks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or Smartpey Solutions Private Limited. You agree not to use any Smartpey Solutions Private Limited Marks or any variant thereof, including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, or as a meta-tag, hidden text, keyword, or any other type of programming code or data. You cannot at any time adopt or use, without Smartpey Solutions Private Limited’s prior written consent, any word or mark that is similar to or likely to be confused with Smartpey Solutions Private Limited Marks. In addition, the look and feel of the website, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Smartpey Solutions Private Limited and may not be copied, imitated, or used, in whole or in part, without Smartpey Solutions Private Limited’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
5. LIMITATION OF LIABILITY AND DISCLAIMER
THIS WEBSITE AND Smartpey Solutions Private Limited CONTENT ARE PROVIDED “AS IS” AND Smartpey Solutions Private Limited AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. Smartpey Solutions Private Limited WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR Smartpey Solutions Private Limited CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Smartpey Solutions Private Limited, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE Smartpey Solutions Private Limited CONTENT. Smartpey Solutions Private Limited MAKES NO WARRANTY THAT THE WEBSITE OR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Smartpey Solutions Private Limited uses reasonable efforts to ensure the accuracy, correctness and reliability of the information and content, but Smartpey Solutions Private Limited makes no representations or warranties as to the content posted by the user(s) as to its accuracy, correctness, reliability or any other irregularity.
IN NO EVENT SHALL Pay2quest Private Limited, ITS AFFILIATES, SUBSIDIARIES AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, OFFICERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, Smartpey Solutions Private Limited IMAGE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSES THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM Smartpey Solutions Private Limited, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Smartpey Solutions Private Limited’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Smartpey Solutions Private Limited, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Smartpey Solutions Private Limited FOR ACCESS TO OR USE OF THE WEBSITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
6. INDEMNIFICATION
You agree to indemnify and hold Pay2quest Private Limited, its affiliates, subsidiaries, and their respective directors, employees, officers, and agents harmless against all claims or liability asserted against Smartpey Solutions Private Limited arising out of or in connection with any breach by you or anyone acting on your behalf of any of the Terms and Conditions of this Agreement. You shall defend, indemnify, and hold Smartpey Solutions Private Limited, its affiliates, subsidiaries and their respective directors, employees, agents and officers harmless from all damages, liabilities and expenses (including reasonable attorney’s fees and permitted and authorized costs) arising out of breach of this Agreement as a result of claims by third parties relating to your use and act relating to this Agreement or any breach of this Agreement. Such indemnification is in addition to Smartpey Solutions Private Limited’s right to terminate for a breach of the representations and warranties and is not a waiver or limitation of Smartpey Solutions Private Limited’s other rights or remedies.
7. GOVERNING LAW AND JURISDICTION
Any dispute, violation, controversy, contest or claim arising out of or relating to this Agreement or the breach, termination or validity thereof (hereinafter the “Disputes”) shall be resolved amicably in the first instance. The Parties agree to meet to resolve such dispute in good faith. Should such a solution not be reached within [30] days from the date of commencement of the dispute, difference, or disagreement, or such longer period of time as may be mutually agreed by the parties in writing, such dispute, difference, or disagreement shall be referred to arbitration and shall be finally resolved through arbitration conducted by a tribunal of sole arbitrators appointed by Smartpey Solutions Private Limited. The Arbitrator shall pass a speaking award. Any order, directive, or award of the majority of the tribunal shall be final and binding on both parties. The arbitration proceedings shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules there under as at present in force. The seat of arbitration shall be Delhi, India. The arbitration shall be administered in accordance with its practice, rules and regulations. If the award passed in the Arbitration proceeding is not acceptable to any of the Party, then the Party is free to approach the appropriate court of law as agreed herein below. This Agreement shall be construed in accordance with and governed by the laws of India without giving effect to their conflict of laws principles or rules. The courts at Delhi, India, shall have exclusive jurisdiction.
8. TERMINATION
Notwithstanding any of these Website terms and conditions, Smartpey Solutions Private Limited reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must destroy and cease to use all materials obtained from this Website, copies and related documentation thereof with immediate effect.
9. REMEDY FOR BREACH
You agree that any breach of this Agreement by you or your representatives would cause Smartpey Solutions Private Limited irreparable harm, injury, loss, and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be an adequate remedy. Accordingly, in addition to any other remedies Smartpey Solutions Private Limited may have at law or in equity, Smartpey Solutions Private Limited shall be entitled to injunctive and other equitable relief in the event of any such breach of this Agreement by you or your representatives.
10. SEVERABILITY
If one or more of the provisions contained in this Agreement is found to be invalid, illegal or enforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
11. WAIVER
No action of Smartpey Solutions Private Limited, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Smartpey Solutions Private Limited of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.
12. Smartpey Solutions Private Limited REVERVES
Smartpey Solutions Private Limited reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website, at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.
