Terms and Condition
This document is an electronic record in terms with the Information Technology Act of 2000 ("IT Act, 2000"), the rules that apply thereunder, and the provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. No digital or physical signatures are necessary for this electronic record because it is produced by a computer system.
This document has been published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of the terms and conditions, privacy policy, and rules for accessing or using the website at https://www.websmyle.com/ .
The domain name www.websmyle.com, including the related mobile site and mobile application as well as the seller portal seller.websmyle.com (hereinafter referred to as “Platform”) is owned and operated by SMF Websmyle Services OPC Private Limited (hereinafter referred to as 'Websmyle'), a company incorporated under the Companies Act, 1956, with its registered office at SMF Websmyle Services OPC Private Limited, Abbas Alli Building, Rangadhipa, Sundargarh , 770001, Odisha, India.
The terms "you" and "your" refer to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems for the purposes of the Terms of Use (hereinafter referred to as "ToU"), wherever the context so requires. The terms "we," "us," and "our" refer to Websmyle. The term "user" refers to all users of the Platform, including buyers, sellers, and visitors.
The Terms and Policies are available on this page at all times for users to review. By publishing updates or changes in Website and Application, the Company has the right to unilaterally update, modify, or replace any element of these Terms. The Users are in charge of frequently reviewing this page for updates. Following the publication of such changes, the Users' continuing use or access to the Application implies acceptance of those changes. The Company hereby grants the User a personal, non-exclusive, non-transferable, limited right to access and use our Platforms and services, subject to the User's compliance with these Terms.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER SHOULD NOT USE THE PLATFORM. THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO COMPLY WITH IT BY ACCESSING OR USING THE PLATFORM (AS UPDATED FROM TIME TO TIME).
ELIGIBILITY OF USER
Users certify and guarantee that they are authorised to use or access the Platform. The Indian Contract Act, 1872 prohibits access to and use of the Platform by those who are "incompetent to contract," including minors, insolvents who have not been dismissed, etc.
The Platform is accessible and usable by individuals or corporate entities that can make legally enforceable contracts under the Indian Contract Act of 1872, such as sole proprietorship enterprises, corporations, and partnerships. Use of the Application and access to Services are only permitted by those who are eighteen (18) years of age or older. If it is brought to the Company's attention or if it is determined that the User does not comply with the terms herein, the Company reserves the right to terminate the User's account and/or prohibit access to the Platform.
REGISTRATION, SUSPENSION, AND TERMINATION OF ACCOUNTS
The Company does not allow Users to access and view the Application's contents without first registering with the Application. By registering to make an account and become a member, users can access the Application. The membership can only be used to buy or sell things, is governed by these Terms, and is categorically non-transferable.
During the registration process, Users certify that the information they submit is accurate, current, and complete, and they agree to update this information as necessary to keep it that way.
Users who register on the Company's platforms must have a working phone number. By providing the Company with their phone numbers, the Users give the Company permission to contact them by phone, SMS, or instant messaging for purposes of subscription/service/promotional updates, verification, or other purposes. Users can choose to receive subscription, service, or promotional updates.
The Users may have to go through a verification process after registering in order to set up their accounts. Once their accounts are established, Users are in charge of protecting the privacy of their account information and are solely accountable for all activity that take place through those accounts. The Users are obligated to immediately report any instances of unauthorised use of their accounts or any other security violation. the Users are required to notify the Company to stop processing requests from their accounts, until further instructions.
In order for the Company to contact the Users by SMS, it is the Users' duty to supply a valid mobile number. The Users comprehend and acknowledge that the Company will be deemed to have effectively communicated with the Users if an SMS is sent by the Company but is not received by the Users because the Users' mobile number is invalid, out-of-date, blocked by the Users' service provider, or the Users are otherwise unable to receive SMS.
The Company retains the right to block any payments owed to the User and linked accounts, as well as to suspend or terminate the account or access to the Website and Application.
1. if any information provided during the registration process or after turns out to be false, out-of-date, or incomplete;
2. if, in the Company's opinion, the User has (a) charged an excessive price; (b) initiated an excessive number of returns and/or cancellations; or (c) engaged in actions that are dishonest, careless, or detrimental to the Company's interests.
3. If the Users are discovered to be in violation of the Terms, Policies, and/or Privacy Policy, as applicable.
The Users will be given an identify and a password upon registration. The Users agree to:
1. keep their password private;
2. accept full responsibility for all actions taken by Users accessing the Application through their account;
3. notify the company right away if they become aware of any unauthorised use of their account or other security breach; and
4. make sure to log out of their account at the end of each session.
Users are completely responsible for any activities that take place on their accounts, and they represent and warrant that all purchases they make are made with the intent to sell or consume as part of their business operations.
It shall be the User's duty to maintain as secret any information provided by the Company as part of security measures, including the user identification code, password, and any other information, and not to divulge such information to any person or entity other than the Company. If Users violate any of the terms of these Terms, Policies, and/or the Privacy Policy, as applicable, the Company has the right, at anytime and in its sole discretion, to disable any user identification code or password.
The Users acknowledge and agree that, notwithstanding anything to the contrary herein, they shall not own or otherwise have any property interest in their account, and they further acknowledge and agree that all rights in and to their account are and shall remain the property of the Company and be for its benefit. However, a User is solely responsible for any and all actions conducted under his or her account, and the Company is in no way responsible for such actions.
AMENDMENT TO THE TERMS
These Terms and/or the Agreement are subject to change, modification, amendment, or update at any time, and any updated language will take effect as soon as it is posted on the Platform. The Company maintains the right to do so. The Users must immediately stop using the Platform if they do not agree with such clauses. The Users shall be deemed to have accepted the modified terms of these Terms and/or the Agreement if they continue to use the Platform.
ORDERS AND FINANCIAL TERMS
The Application allows Users to place orders for the products sold by various Suppliers and the Company will, subject to the terms and conditions set out herein, facilitate the placement of orders for the products to the Users. The Company does not own, sell, or resell products on its own and/or does not control the Suppliers. The Company reserves the right to delist any product from the website and Application.
The Users understand that any order that they place shall be subject to the terms and conditions set out in these Terms, and any terms and conditions imposed by the Suppliers concerned. On receipt of an order from a User, the Company shall send electronically a confirmation of such order to the Supplier and the User concerned. Further, the Company may inform the Users about the availability or unavailability or change in the price of the order as informed by the Supplier concerned. Confirmation of the order shall be treated as final.
All commercial/contractual terms are offered by and agreed to between Suppliers and the Users alone. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products, etc. The Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Suppliers and the Users.
All discounts and offers are by the Suppliers and not by the Company. The Users acknowledge and agree that the Company may, at the request of the Supplier, act as the payment agent for the limited purpose of accepting payments from them on behalf of the Supplier.
Upon payment of the amounts to the Company, which are due to the Supplier, the payment obligation to the Supplier for such amounts is completed, and the Company will be responsible for remitting such amounts, to the seller.
The Users understand, accept, and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing a third-party payment processor for the transactions on the Application. Further, by providing a payment facility, the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
The Company will not be liable for any charges made by the Users bank in relation to the payment of the total amount. The Users agree to provide current, complete, and accurate purchase and account information for all purchases made on the Application.
The Company agrees to promptly update the Users account and other information, including email addresses and credit card numbers, and expiration dates, so that the Company can complete the transactions. In connection with any order, information such as name, billing address, and credit card information will have to be provided either to the Company or the third-party payment processor. If the Users are directed to the third-party payment processor, they may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices.
Users are requested to review such terms and conditions and privacy policy before using the Application.
The Company merely collects the payment on behalf of the Supplier. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the documents are being charged and determined by the Supplier.
The Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with the Supplier.
The transaction is bilateral between the Suppliers and the Users, and the Company is not obligated to charge or deposit any applicable taxes. The statutes listed below, without restriction, impose obligations on the Suppliers:
1. Metrology Act and Legal Metrology (Packaged Commodities) Rules, 2011 (Packaging Rules);
2. Drugs and Cosmetics Act, 1940 (D&C Act) and Drugs and Cosmetics Rules, 1945 (D&C Rules)
3. Food Safety and Standard Act, 2006, Food Safety and Standard (Packaging and labeling) Regulation 2011, (FSS Packaging Regulation) Food Safety and Standard (Food Product Standard and Food Addictive) Regulation, 2011 (FSS Standard Regulations) and Food Safety and Standard (food or Health Supplements, Nutraceuticals, Food for Special Special Medical Purpose, Functional Food and Novel Food) Regulation 2016 (FSS Supplement Regulation).
As per the above-mentioned acts and regulations and any other relevant law in place during the tenure of this association, the Company understands that there is an obligation on the Supplier to ensure that the package in which the products are sold complies with labeling and packing requirements and other laws that may be prescribed in this regard. Hence, it shall be the sole responsibility of the Supplier to comply with applicable laws, and the Company shall not be held responsible in any manner. Suppliers shall indemnify the Company and the Platform for any harm or loss in relation to contravention of the above regulations.
USE OF THE WEBSITE AND APPLICATION
1. Is egregiously harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invading another's privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any way; or unlawfully threatening or unlawfully harassing, including but not limited
2. is obviously offensive to the online community, such as anything that is sexually explicit or that encourages paedophilia, racism, bigotry, hatred, or any kind of physical damage against any group or individual;
3. encourages or engages in harassment of another;
4. breaches or infringes on the rights of any third party, including but not restricted to those of intellectual property, privacy, or publicity, including without limitation the unauthorised disclosure of a person's name, email address, physical address, or phone number;
5. encourages the unlawful or illegal duplication of another person's intellectual property, such as by disseminating links to or pirated computer programmes and information on how to get around copy protection features built into products;
6. attempts to gain unauthorised access to the Application or to the profiles, blogs, communities, account information, or other areas of the Application or exceeds the scope of authorised access thereto;
7. interferes with another User's use and enjoyment of the Platform or any third party users' enjoyment of comparable services;
8. any website or URL that, in our sole judgement, contains content that would be prohibited or violate the spirit of these Terms, is inappropriate for the Platform or any other website;
9. violates any law currently in effect;
10. uses someone else's identity;
11. directly or indirectly offers, attempts to offer, trades, or attempts to trade in any item, (l) the dealing of which is prohibited or restricted in any way under the provisions of any applicable law, rule, regulation, or guideline for the time being.
Offers, seeks to offer, trades, or attempts to trade in any item for which trading is forbidden or restricted in any way under the terms of any applicable law, rule, regulation, or guideline that is currently in effect, whether directly or indirectly.
By utilising the Platform, Users represent and warrant that:
1. All registration data provided by Users is honest, legal, and correct;
2. Users' use of the Application shall be entirely for their own use; and
3. The Users agree not to submit, post, upload, distribute, or otherwise make available or transmit any information that: I is defamatory, abusive, harassing, insulting, threatening, or that may be construed as stalking or constitute an infringement of another person's right to privacy; (ii) is bigoted, hateful, or racially or otherwise offensive; (iii) is violent, vulgar, obscene, pornographic, or otherwise sexually
4. All trademarks, copyrights, patents, trade secrets, privacy and publicity rights, and/or other proprietary rights contained in any Content that the Users submit, post, or upload are the sole property of the Users, who have all necessary licences, consents, permissions, and rights to use, distribute, and/or otherwise exploit such Content in all ways permitted by these Terms, Policies, and Privacy Policy.
5. Users agree not to use the Application in any way that is against the law or that would be detrimental to the Company or any other person or entity;
6. The Users will not use another person's username, password or other account information, or another person's name, likeness, or voice;
7. The Users will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component; or otherwise impair or damage the Application or any connected network; or
8. Users agree not to remove or change any application material, including but not limited to proprietary notices such copyright or trademark symbols or logos, disclaimers, or proprietary notices;
9. The Users shall not access the Application without authorization or use the Application in a way that harms, interferes with, or disrupts any part of it.
10. The Users will not post or contribute any information or data that may be offensive, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political.
11. The Users expressly waive any claims that the Users may have in this regard under any applicable laws of India and release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Application. Despite making reasonable measures in that direction, the Company is unable to regulate or assume responsibility for the data given by other Users and made available on the Application.
12. By using any method, Users must not try to gain unauthorised access to any part or feature of the Application, or to any other networks or systems connected to the Application. Users are not permitted to examine, test, or scan the application's vulnerability.
13. The Users agree not to use any tool, programme, or routine to obstruct or try to obstruct the correct operation of the Application, any transaction being carried out on the Application, or the use of the Application by any other person. Users are not permitted to use the Application or any of its contents for any illegal or forbidden purposes as set forth in these Terms, Policies, or the Privacy Policy.
14. The Users are responsible for ensuring full compliance with all applicable provisions, as amended from time to time, including those of I the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to Di The Users must not conduct any transactions that are against the terms of any applicable legislation, including laws governing exchange controls.
15. The Users are responsible for ensuring full compliance with all applicable provisions, as amended from time to time, including those of I the Information Technology Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules, and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (iii) international laws, foreign exchange laws, statutes, ordinances, and regulations (including, but not limited to Di The Users must not conduct any transactions that are against the terms of any applicable legislation, including laws or regulations for the time being in force.
16. The Users agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights, or any other rights in order to allow the Company to use the information provided by the Users without violating any rights or laws. The Terms of Service and Privacy Policy that apply to the usage of the Website and Application are accessible at https://websmyle.com/privacy. The Company will only use the information in line with these terms.
The Suppliers shall be in charge of periodically disseminating information about the goods they offer to sell. In this regard, the Suppliers promise that all such information will be true and correct in every way. The Suppliers must not oversell or exaggerate the benefits of such products in order to deceive other Users in any way.
The Company reserves the right to monitor the contents submitted on the Application, but is under no duty to do so. Any content that, in the Company's sole judgement, violates, may be removed or edited by the Company any applicable law or either the spirit of these Terms, or is purported to do so. The Company will never be held liable for any posted content or for any claims, losses, or damages attributable to the use of, or the presentation of, content on the Application.
The Company shall have the full authority to take any necessary steps and pursue any damages that may result from the Users' engagement or participation in any manner in hacking, whether acting alone or via a group of individuals, maliciously or inadvertently.
The Users are aware that their material may be transported in an unencrypted manner and that this may involve (a) transmissions over a variety of networks; and (b) modifications to conform and adapt to the technological requirements of any connecting networks or devices.
The Users are aware that their content may be transported unencrypted and involve (a) transmissions over different networks; and (b) adjustments to conform and adapt to technological requirements of connecting networks or devices
Users are aware of and agree that telecommunications and internet access are necessary for using the application. The costs incurred to access, use, and avail of the Application and the Services shall be the responsibility of the Users, and the Company shall in no event be liable or responsible for such costs.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Any inaccurate, incomplete, or out-of-date information made available on the Application, whether submitted by Users or Suppliers, is not the responsibility of the Company. The information on the Application is solely for general information purposes and should not be relied upon or used as the only basis for choices without first contacting primary, more reliable, complete, or up-to-date sources of information. The Users acknowledge that the Company has no obligation or responsibility to ensure the accuracy of the information given by the Users. Users use the application's content at their own risk if they rely on it in any way.
Some previous data can be present in the application. Information that is historical is unavoidably out of date and is only offered for your reference. The Company does not have to update any information on the Application but does retain the right to change the contents of the Application at any time. The Users acknowledge that it is their duty to keep track of changes made to the Application.
There could, on occasion, be typographical mistakes, inaccuracies, or omissions in information on the Application that relates to items, prices, promotions, offers, shipping costs, transit times, and availability. The Company maintains the right, at any time and without prior notice, to change or update any information on the Application that is erroneous and to correct any mistakes, inaccuracies, or omissions.
Except as required by law, the Company makes no commitment to update, modify, or clarify information on the Application, including without limitation pricing information. Any information on the Application or relating to the Services should not be interpreted as having undergone modification or updating simply because there is no specific update or refresh date associated to the Application.
WARRANTY DISCLAIMER AND LIABILITY LIMITATION
The company tries to keep the application accessible during business hours. However, the Company makes no warranty as to the continuity, timeliness, accuracy, lack of viruses or other dangerous elements, or the correction of any errors in the Application's operation.
The Company does not guarantee that the Application will work with all of the Users' hardware and software. As a result of downloading and installing the Application, the Company disclaims all responsibility for any harm caused by viruses or other malware that may impact any equipment, software, data, or other property.
The Company makes no warranty or representation on the accuracy, reliability, or correctness of the information found on the Application. The accuracy of the information regarding the particulars (such as quality, worth, marketability, etc.) of the goods proposed to be sold, offered to be sold, or purchased on the Application is solely the responsibility of the Suppliers. The sale or purchase of any products is not tacitly or explicitly supported or endorsed by the Company, and neither does it offer any warranty or guarantee for the goods that are sold to Users; in no case may the Company be held liable for such goods.
Any non-performance or breach of a contract between the Suppliers and the Users is not the Company's fault. The concerned Suppliers' performance of any transaction concluded on the Application cannot and is not guaranteed by the Company. The Company is not obligated to arbitrate or resolve any disputes that may arise between the Users in question.
Regarding the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users, the Company makes no representations or warranties. The Company does not at any time during a transaction between a Supplier and a User acquire ownership of any of the given products, nor does it ever acquire title to, have any rights to, or make any claims regarding such products.
The company has no right, title, or interest in the products at any time, and it has no obligations or liabilities related to any agreements made between the users. When a product is out of stock, unavailable, or back ordered, the company is not liable for any damages or delays.
Any misuse of the information given by Users with the Company, through their profile, or with a third party on the Platform, in chat rooms, forums, or comments is not the responsibility of the Company.
Some features and functions of the application might not be fully functional because it is always being upgraded. The Application is made available to you "as is" and "as available." Regarding the records and other data that it makes available to Users, the Company expressly disclaims any and all warranties of any kind, stated or implied.
The Company doesn't promise or make any representations regarding:
Any information that may be obtained through the use of the Application will be accurate, timely, or complete; (i) the Application will be accurate or reliable; (ii) the Application will be uninterrupted, timely, secure, or error-free; (iii) any errors in any software used on the site or in connection with the Application will be fixed.
The Company does not speak for any of the Users or Suppliers and expressly disclaims all responsibility for any inaccuracy or inconsistency in the information about such Suppliers or Users that may be presented on the site. Any information provided regarding Users and payments due is subject to change at any time without prior notice. The Company has no ownership or legal claim over any trademarks, word marks, or other intellectual property used by any Users or Suppliers.
Users understand and agree that the Company is not an intellectual property arbitrator or judge, and that it is not in any way able to confirm that any Supplier is authorised to sell any goods on the Platform. The Company asks Users to help it find listings on the Platform that, in the Users' knowledge or opinion, violate their rights or the rights of third parties.
The Users further acknowledge and agree that the Company does not and cannot be deemed to be endorsing a claim of infringement by removing a listing, and that the Company does not and cannot be deemed to be endorsing that the listing does not violate the rights of third parties or endorsing any sale or supply of goods or services pursuant to or on account of such listing in cases where the Company declines to remove a listing.
The company reserves the right, in its sole discretion, to take down any pictures, offers, or other content that is shown on the platform that the company reasonably believes to be inappropriate, illegal, or that could expose the company to liability.
Any material/content/photos/offers published on the Platform that the Company reasonably believes to be unlawful, could expose the Company to liability, is in violation of these Terms, or is otherwise judged improper in the Company's judgement may be removed at the Company's sole discretion. The Company retains the right to assist with any related investigation.
The Company retains the right to suspend or cancel a User's account as it sees fit. Users acknowledge that in the event the Company takes any of the actions outlined in this section, the Company shall not be liable to any Users, including liability for consequential or other damages.
The Company disclaims all liability and will not be held liable for any of the following: I any content or goods provided by third parties other than the Company; (ii) any damages of any kind brought on by the downloading of data or other materials from the site or through the Application; or (iii) any issues with the internet or any data or telecommunications equipment, system, or network connected with the Application.
The Company shall not be liable for any harm, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, any monetary losses, loss of data, replacement costs, or any other similar damages, whether based in contract, tort, strict liability, or otherwise, arising from the use of the Application, any other claim linked in any way to the use of the Application, including, but not limited to, or any loss or harm of any kind sustained as a result of using the application or any posts, transmissions, or other materials made available through the application, even if the user has been made aware of their potential.
The Company and any of its employees, affiliates, writers, or agents are not responsible for any damages caused by or resulting from the use of the information on the Application. The Company, its employees, affiliates, writers, or agents are not in any way responsible to the Users or any third party for any choice the Users make or action they take. Interlia, the Company makes no representations as to:
When using the platform, users can expect that:
1. It will live up to their expectations;
2. It will be accessible without interruption or in a timely, dependable, or fault-free manner;
3. It will produce accurate and reliable results;
4. The quality of any goods, services, data, or other materials they purchase or obtain through the platform will live up to their expectations.
Users are solely responsible for any data system harm or data loss caused by downloading content from the Application. Unless otherwise noted, no advice or information—whether verbal or written—obtained from the Company or through the Platform shall be deemed to be a warranty.
SELLING
Suppliers are allowed to post goods for sale on the Application as long as they adhere to the Terms and Policies, which are incorporated by reference into these Terms of Service. The listed products do not violate any third parties' intellectual property, trade secrets, other proprietary rights, rights of publicity, or privacy, the Suppliers represent and warrant, and they are legally authorised to sell or list the products on the Application. Users and Suppliers acknowledge that the Company is not liable for
PRIVACY
Just about all information regarding Users which can be collected, placed or even transmitted in any kind of way within the Program , including any enrollment information, is issue to our On- line privacy policy ( the "Privacy Policy "), accessible at Privacy Coverage
The data collected simply by the Company by means of the Application contains Users 'cell phone number , bank particulars and KYC for your limited purpose regarding fulfilling transactions about the Application. Collection of user company accounts and user company accounts bearing contact details and e instructions mail addresses usually are owned with the Business .
The Users acknowledge that information regarding their particular usage of the System through their cell phone telecommunication device may possibly be communicated in order to the Company , plus the Company may get information from the particular Users 'cell phone carrier or cell phone device. In add- on, usage of system by means of a mobile telecommunication device may result in data to end up being displayed as properly as through the particular Users 'cell phone device. By getting at the Platform by using a mobile telecommunication system, the Users stand for that to the particular extent they transfer any of their particular data to their particular mobile telecommunication system theu have specialist to talk regarding the transferred info with their cell phone carrier or additional access provider.
The particular Users accept immediately update their bank account information in the particular event of alter or deactivation of these mobile account in order to make certain that the text messages intended for all of them are not directed to another particular person . Failure to perform so is the particular sole responsibility regarding the Users. The particular Users acknowledge actually in charge of all fees and necessary accord related to getting at system through their particular mobile access service provider . The business urges the particular Users to check on together with their providers to learn if the System can be found on their particular mobile devices .
DISCLOSURE
The Users admit, consent and acknowledge the Company may possibly access, preserve in addition to disclose their bank account information if necessary to do thus legally or inside a good trust belief that these kinds of access, preservation or perhaps disclosure is moderately necessary to :
just one . comply with legitimate process nationally or perhaps internationally,
2. implement these Terms,
three or more . reply to the Consumers 'requests regarding service or full the Users ' tasks,
4. guard the rights, home or personal protection of the Business , its subscribers in addition to the public, or perhaps pursuant to typically the words and phrases of typically the Privacy Policy .
THIRD PARTY LINKS
Certain articles or products accessible via the Program can include materials coming from - parties. 3 rd- party backlinks within the Application may possibly direct the Consumers to- gathering websites which usually are not affiliated together with the Company. The business is not liable for examining or assessing this content or reliability and warrant in addition to will have zero liability or duty for any instructions party materials or perhaps websites, or regarding any many additional materials, products, or even services of instructions parties.
The Business is not responsible for any harm or even damages related in order to the purchase or even usage of goods , providers, resources, content, or even any other purchases made in guide to any instructions party websites. You should review carefully the particular - party 's plans and practices in addition to ensure that you understand all of them before engaging inside any transactions. Problems, claims, concerns, or even questions regarding instructions party products need to be directed in order to the- gathering.
OPTIONAL TOOLS
The particular Company may supply you with accessibility to - gathering tools that Business neither monitors neither has any manage nor input. The particular Users acknowledge in addition to agree that accessibility to such equipment is at an "as is " and "as available" basis, without the warranties, representations or even conditions of any kind of kind and without the endorsement. The business will have no responsibility whatsoever arising coming from or relating in order to your usage of optionally available - party equipment.
Any use simply by the Users in the optional tools provided through the Program is totally from their particular risk in addition to discretion and this is the duty in the Users that will they make certain that they will are familiar together with and approve regarding the keywords about which tools are supplied by the appropriate - party service provider ( s).
The Business may also , in the foreseeable future , offer new characteristics from the Application ( including, the discharge regarding new tools in addition to resources). Such reports shall also end up being controlled by these Phrases of Service.
SAFETY COMPONENTS
The Customers realize that the System and software put within the System may include safety elements that allow digital materials in order to be protected, in addition to that usage of these types of materials is controlled by use rules established by the Business or other celebrations that facilitate the particular same. You acknowledge that they may not attempt in order to override, disable, prevent or otherwise affect any such safety elements and use rules embedded inside the Platform .
INTECTUAL PROPERTY
The business is usually either the operator of intellectual home rights or provides the non instructions exclusive, worldwide, everlasting, irrevocable, royalty free of charge , sub- licensable( through multiple tiers) right to physical exercise the intellectual home, within the Application , in addition to on the cloth published on this in situations where it could be thus construed. The Customers acknowledge the copyright laws in the details shared with the particular Company with the Providers or other articles providers may jacket in such people and not inside the Company except if otherwise stated.
"Websmyle" and related symbols and logos whether or not registered or non listed are the art logos of the Business and therefore are protected beneath applicable copyright, brand as well as other proprietary in addition to intellectual property laws and regulations . Users 'illegal adoption copying, changes, use or syndication of such marks is usually strictly prohibited.
Just about all Content including Details( defined below) is usually copyrighted to the particular Company excluding any kind of - party articles including without constraint, content shared simply by Suppliers and any kind of links to the particular - party sites being made accessible or contained about the Platform . Customers may well not use any kind of trademark, service indicate or logo regarding any independent celebrations without prior composed approval from these kinds of parties.
You should not modify the particular paper or electronic copies of any kind of materials printed or even downloaded in any kind of way, and they also should not use any kind of illustrations, photographs, video clip or music sequences or any visuals separately from any kind of accompanying text.
The particular Users should never employ any area of the supplies on the Program for commercial functions without obtaining a new licence to perform so from the particular Company. All legal rights , not otherwise said under these Phrases with the Company usually are hereby reserved.
Any kind of information or commercials contained on, allocated through, or connected, downloaded or seen from the System or any offer you displayed on the particular Platform( "Information") is usually intended, solely to offer general information for your personal usage of a person , who fully acknowledge any and just about all responsibility and financial obligations arising from in addition to out of the application of such Information.
The particular Company would not signify, warrant or support in any fashion the accuracy or perhaps reliability of this sort of Information , or typically the quality of virtually any products and/or companies obtained by typically the Users therefore involving any such Data.
The Information is definitely provided "as is " without having guarantee involving completeness, accuracy, timeliness or of typically the results extracted from the utilization of the Information , less extended warranty of all kinds , express or intended, including, but certainly not restricted to warranty specifics of performance, merchantability and fitness intended for a particular goal. Nothing contained throughout these Terms should to any magnitude substitute for typically the independent investigations and even the sound technological and business wisdom of the Consumers.
In no function shall the Firm be liable intended for any direct, roundabout, incidental, punitive, or perhaps consequential damages involving any kind in any respect with respect to be able to the User ( s) make use of such goods.
COMMUNICATIONS
The Firm urges the consumers to avoid false offers and bogus callers/ messengers who may well impersonate themselves while representatives with the Firm. The Company 's sanctioned representatives will not ever speak to the Users to be able to demand money intended for prizes or look for password/ PIN/ CVV. In typically the event you will be asked for secret details by any individual posing as typically the Company 's representatives, remember to ask them to be able to contact you by way of email and simply respond to e- mails from websmyle. apresentando domain.
FORCE MAJEURE
The Company should not be accountable for any damage whatsoever arising outside of force majeure or perhaps other similar instances, directly or not directly affecting the corporation and/or the Platform . Instances of force majeure situations include without limit real or prospective labour disputes, government actions, war or perhaps threat of warfare, sabotage, civil unrest, demonstrations, fire, thunderstorm, flooding, explosion, earthquake, provisions or limits of materials or perhaps resources, inability to discover the relevant authorization, car accident , and defect throughout electricity or telecommunication network. Force majeure or other situations beyond the Company 's control. Hindrance, wait or complication inside the maintenance of typically the Platform entitles typically the Company to hang or limit the woking platform until further see.
INDEMNIFICATION
The Consumers shall indemnify, guard, and hold benign the corporation and it is subsidiaries, affiliates, associates, officers, directors, real estate agents , contractors, licensors, assistance providers, subcontractors, vendors, interns and personnel, from and in opposition to any and most losses, liabilities, states, suits, proceedings, charges, interests, damages, requirements, costs, and charges( including legal and even statutory service fees and even disbursements in network therewith and fascination chargeable thereon) declared against or received by the Firm that arise outside of , result from , or perhaps associated with :
1. typically the User 's breach involving these Terms,
a couple of . any claims built by any get together due to , or perhaps arising out involving, or associated with User 's make use of Platform,
several. the User 's breach of any privileges of another, like intellectual property privileges, and
4. typically the User 's violation involving any applicable regulations.
Notwithstanding everything to be able to the contrary in the course of these Terms, throughout no event should the corporation and
Despite anything to typically the contrary in these kinds of Terms, in not any event shall typically the Company and it is affiliates, if virtually any , be liable to be able to the User or perhaps anyone claiming throughout the User in admiration of any theme matter of these kinds of Terms under deal, negligence, strict the liability or other legitimate or equitable idea for virtually any special, inesperado, indirect, consequential, exemplary or punitive damage, decrease of goodwill, damage of revenue, damage of opportunity, decrease of anticipated profits, in any respect , including those as a result of loss of work with , data or revenue, regardless of whether foreseeable or perhaps set up Firm has been encouraged of the likelihood of such damage, or based in any theory involving liability, including break of contract or perhaps warrantee or neglectfulness or any various other claim arising outside of or in network with the application of or perhaps access with the App .
SEVERABILITY
In the case virtually any provision of the Words , Policies or perhaps the is definitely determined to always be unlawful, void or perhaps unenforceable, such dotacion shall yet always be enforceable to typically the fullest extent acceptable by applicable rules, and the unenforceable portion shall always be deemed to always be severed out generally there Terms, such willpower shall not have an effect on the validity and even enforceability of virtually any other remaining conditions.
TERMINATION
These Words are effective until and until ended by either typically the Company or perhaps the Consumers. The Users may well terminate these Tos at any moment by notifying typically the Company that that they not anymore wish to be able to use the App or the Companies , or when that they cease while using App.
These Terms will be effective unless and even until terminated by simply either the Firm or perhaps the Users. Typically the Users may eliminate these Tos with any time by simply notifying the Firm that they not anymore wish to work with the Application or perhaps the Services , or perhaps when they discontinue while using Application.
COMPLETE ARRANGEMENT
These Words, Policies, Privacy Procedures and any procedures or operating regulations posted by typically the Company for the App constitute the complete arrangement and understanding involving the Users along with the Company with admiration to the App, and supersede virtually any prior or contemporaneous agreements, communications and even proposals, whether common or written, between your Users and typically the Company( including, although not restricted to be able to , any prior editions of the Words of Service).
Virtually any ambiguities in typically the interpretation of the Words shall not always be construed against typically the Company.
WAIVER
Typically the failure of typically the Company to exercising or enforce virtually any right or dotacion of these Words shall not comprise a waiver involving such right or perhaps provision.
GOVERNING RULES AND DISPUTE IMAGE RESOLUTION
These Terms will be governed by typically the laws of Of india. Any action, go well with , or other legitimate proceeding, which is definitely commenced to deal with any matter coming under or pertaining to this App, will probably be subject to be able to the jurisdiction involving the courts with Bangalore, India.
FACTS
Questions about typically the Terms should always be sent to see help@websmyle. com or perhaps legalsupport@websmyle. com.
PROCEDURES
Policies related to be able to returns/ exchanges, charges, refunds, cancellation can be updated throughout the Application occasionally. The Company contains the justification to be able to change these procedures as required inside the Application without the agreement from the Consumers.
NOTICES
All notice or demands to be able to or after typically the Company shall throughout writing and will probably be deemed to always be duly made if provided for No. 123, Rangadhipa Square, Fresh farm Colony Path, Sundargarh, Odisha– 770001.
All notices or demands to be able to or after some sort of User( s) should be effective in the event that either delivered privately, sent by courier, certified mail, by simply facsimile or electronic mail to the previous - known messages, fax or electronic mail address furnished by typically the User( s) for the Platform , or by simply posting such see or demand by using an area of typically the Platform that is certainly widely accessible.
Notice to be able to a User ( s) shall be regarded being received by simply such User( s) whenever the Program is able to be able to demonstrate that interaction, whether in actual or electronic kind, has become sent to be able to such User( s), or immediately after Platform 's posting this sort of notice by using an place of the Program that is certainly publicly attainable.
MISCELLANEOUS
Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
The Company shall have the right to assign its obligations and duties in these Terms to any person or entity.
All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.
Sonam Parween, Legal Counsel is the designated Grievance Officer in respect of these terms. Any complaints or concerns with regard to the Platform or any breach of these Terms or Privacy Policy can be directed to the designated Grievance Officer in writing at 123, Rangadhipa Square, New Farm Colony Road, Rangadhipa, Sundargarh, 770001 or through an email signed with electronic signature sent to Sonam.parween@websmyle.com