Access to the indiansmartpanel.com
website (the "website") to subject to the conditions set out on this
page.
Please read these conditions
carefully before using the indiansmartpanel.com website. By using the
indiansmartpanel.com website, you signify your agreement to be bound by
these conditions.
These "Terms and Conditions of
Use" constitute an electronic record within the meaning of the applicable
law. This electronic record is generated by a computer system and does not
require any physical or digital signatures.
Conditions Relating to Your Use of
indiansmartpanel.com
Notice and Procedure for Making
Claims of Infringement and for Notifying indiansmartpanel.com of
Objectionable Content
Conditions Relating to Your Use of
indiansmartpanel.com
1. Your Account
If you use the website, you are
responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer to prevent unauthorised access
to your account. You agree to accept responsibility for all activities that
occur under your account or password. You should take all necessary steps to
ensure that the password is kept confidential and secure and should inform
us immediately if you have any reason to believe that your password has
become known to anyone else, or if the password is being, or is likely to
be, used in an unauthorised manner. Please ensure that the details you
provide us with are correct and complete and inform us immediately of any
changes to the information that you provided when registering. You can
access and update much of the information you provided us with in the your
Account area of the website. You agree and acknowledge that you will use
your account on the website to purchase services only for lawful purposes.
indiansmartpanel.com reserves the right to refuse access to the website,
terminate accounts, remove or edit content at any time without notice to
you.
2. Privacy
The personal information / data
provided to us by you during the course of usage of indiansmartpanel.com
will be treated as strictly confidential in accordance with the applicable
laws and regulations. Your personal information that we collect includes
your name, username, e-mail address, skype username, and wherever
applicable, payment details. All information is encrypted and saved in
secure servers. If you object to your information being transferred or used
as per applicable laws and regulations, please do not use the
website.
3. E-Platform for
Communication
You agree, understand and
acknowledge that the website is an online platform that enables you to
purchase services listed on the website at the price indicated therein at
any time from any location. You further agree and acknowledge that
indiansmartpanel.com is only a facilitator and is not and cannot be a party
to or control in any manner any transactions on the website. Accordingly,
the contract of sale of services on the website shall be a strictly
bipartite contract between you and the sellers/supplier on
indiansmartpanel.com.
4. Access to
indiansmartpanel.com
We will do our utmost to ensure
that availability of the website will be uninterrupted and that
transmissions will be error-free. However, due to the nature of the
Internet, this cannot be guaranteed. Also, your access to the website may
also be occasionally suspended or restricted to allow for repairs,
maintenance, or the introduction of new facilities or services at any time
or for any other reason without prior notice. We will attempt to limit the
frequency and duration of any such suspension or restriction.
5. Licence for website
access
Subject to your compliance with
these Conditions of Use and payment of applicable fees, if any,
indiansmartpanel.com grants you a limited licence to access and make
personal use of this website, but not to download (other than page caching)
or modify it, or any portion of it, except with express written consent of
indiansmartpanel.com. This licence does not include any resale or commercial
use of this website; any collection and use of any service listings,
descriptions, or prices; any derivative use of this website or its contents;
any downloading or copying of account information for the benefit of another
seller; or any use of data mining, robots, or similar data gathering and
extraction tools.
This website or any portion of
this website (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise
exploited for any commercial purpose without express written consent of
indiansmartpanel.com.
You may not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of indiansmartpanel.com
without express written consent. You may not use any meta tags or any other
"hidden text" utilising indiansmartpanel.com’s names or trademarks without
the express written consent of indiansmartpanel.com. Any unauthorised use
terminates the permission or license granted by indiansmartpanel.com.
6. Your Conduct
You must not use the website or
its services in any way that causes, or is likely to cause, the website or
access to it to be interrupted, damaged or impaired in any way. You
understand that you, and not indiansmartpanel.com, are responsible for all
electronic communications and content sent from your computer to us and you
must use the website for lawful purposes only. You must not use the website,
and the services bought on the website, for any of the following:
for fraudulent purposes, or in
connection with a criminal offense or other unlawful activity related to any
human, property or computer etc.
to send, use or reuse any material
that does not belong to you; or is illegal, offensive (including but not
limited to material that is sexually explicit content or which promotes
racism, bigotry, hatred or physical harm), deceptive, misleading, abusive,
indecent, harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilic or menacing; ethnically objectionable, disparaging
or in breach of copyright, trademark, confidentiality, privacy or any other
proprietary information or right; or is otherwise injurious to third
parties; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens
the unity, integrity, security or sovereignty of India or friendly relations
with foreign States; or objectionable or otherwise unlawful in any manner
whatsoever; or which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any
"spam”
to cause annoyance, inconvenience
or needless anxiety
to violate terms and conditions of
any other online service provider, and websites.
7. Claims against Objectionable
Content: ‘Ticket’
Because indiansmartpanel.com lists
hundreds of services for sale offered by sellers on the website, it is not
possible for us to be aware of the contents of each service listed for sale
or that is displayed. Accordingly, indiansmartpanel.com operates on a
“notice and takedown" basis that can be initiated through the ‘ticket’
system. If you believe that any content on the website is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous,
obscene, pornographic, pedophilic or menacing; ethnically objectionable,
disparaging; or is otherwise injurious to third parties; or relates to or
promotes money laundering or gambling; or is harmful to minors in any way;
or impersonates another person; or threatens the unity, integrity, security
or sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which
consists of or contains software viruses, (" Objectionable Content "),
please notify us immediately by following our Notice and Procedure for
Making Claims of Infringement and for Notifying indiansmartpanel.com of
Objectionable Content.
Once this procedure has been
followed, indiansmartpanel.com will make all reasonable endeavours to remove
such Objectionable Content complained about within a reasonable time. Please
note that it is at the sole discretion of the supplier to rectify any wrong
that may have been committed through their services.
8. Copyright, authors' rights and
database rights
All content included on the
website, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of
indiansmartpanel.com, or its content suppliers and is protected by India and
international copyright, authors' rights and database right laws. The
compilation of all content on this website is the exclusive property of
indiansmartpanel.com and its affiliates and is protected by laws of India
and international copyright and database right laws. All software used on
this website is the property of indiansmartpanel.com, its affiliates or its
software suppliers and is protected by India and international copyright and
author' rights laws.
You may not systematically extract
/ or re-utilise parts of the contents of the website without
indiansmartpanel.com and / or its affiliate's (as may be applicable) express
written consent. In particular, you may not utilise any data mining, robots,
or similar data gathering and extraction tools to extract (whether once or
many times) for re-utilisation of any substantial parts of this website,
without indiansmartpanel.com and / or its affiliate's (as may be applicable)
express written consent. You may also not create and/ or publish your own
database that features substantial (eg: prices and service listings) parts
of this website without indiansmartpanel.com and / or its affiliate's (as
may be applicable) express written consent.
9. Intellectual Property
Claims
indiansmartpanel.com and its
affiliates respect the intellectual property of others. If you believe that
your intellectual property rights have been used in a way that gives rise to
concerns of infringement, please follow our Notice and Procedure for Making
Claims of Infringement and for Notifying indiansmartpanel.com of
Objectionable Content.
10. Disclaimer
You acknowledge and undertake that
you are accessing the services on the website and transacting at your own
risk and are using your best and prudent judgment before entering into any
transactions through the website. We shall neither be liable nor responsible
for any actions or inactions of sellers nor any breach of conditions,
representations or warranties by the sellers of the services and hereby
expressly disclaim and any all responsibility and liability in that
regard.
We further expressly disclaim any
warranties or representations (express or implied) in respect of quality,
suitability, accuracy, reliability, completeness, timeliness, performance,
safety, merchantability, or legality of the services listed or displayed or
transacted or the content (including service or pricing information and/or
specifications) on the website. While we have taken precautions to avoid
inaccuracies in content, this website, all content, information (including
the price of services), software, services, services and related graphics
are provided as is, without warranty of any kind. We do not implicitly or
explicitly support or endorse the sale or purchase of any services on the
website. At no time shall any right, title or interest in the services sold
through or displayed on the website vest with indiansmartpanel.com shall not
have any obligations or liabilities in respect of any transactions on the
website.
11. Refund
indiansmartpanel.com is only a
facilitator between You and the supplier of the services listed on the
website. Refunds are at the discretion of the supplier, and in normal course
of action, no refunds are processed to your payment method. You are advised
to use your balance on orders from indiansmartpanel.com. You are entitled to
a refund credit to your indiansmartpanel.com account if the order placed on
the website 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. Any fraudulent activity, as per the applicable laws, such as using
unauthorized or stolen credit cards will lead to termination of Your
account. You must not use more than one server at the same time for the same
page – a refund will not be processed for these orders.
12. Indemnity and Release
You shall indemnify and hold
harmless indiansmartpanel.com, its affiliates and their respective officers,
directors, agents and employees, from any claim or demand, or actions
including reasonable attorney's fees, made by any third party or penalty
imposed due to or arising out of your breach of these Conditions of Use or
any document incorporated by reference, or your violation of any law, rules,
regulations or the rights of a third party.
You hereby expressly release
indiansmartpanel.com and/or its affiliates and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any
of the actions/inactions of the vendors/suppliers and specifically waive any
claims or demands that you may have in this behalf under any statute,
contract or otherwise.
13. Children
Use of indiansmartpanel.com is
available only to persons who can form a legally binding contract under the
Indian Contract Act, 1872. If you are a minor i.e. under the age of 18
years, you may use indiansmartpanel.com only with the involvement of a
parent or guardian.
14. Other Businesses
Parties other than
indiansmartpanel.com and its affiliates may operate stores, provide
services, or sell service lines on indiansmartpanel.com. In addition, we may
provide links to the websites of affiliated companies and certain other
businesses. We are not responsible for examining or evaluating, and we do
not warrant or endorse the offerings of any of these businesses or
individuals, or the content of their websites. indiansmartpanel.com does not
assume any responsibility or liability for the actions, services, and
content of any of these and any other third-parties. You can tell when a
third-party is involved in your transactions, and we may share customer
information related to those transactions with that third-party. You should
carefully review their privacy statements and other conditions of
use.
15. Communications
When you visit
indiansmartpanel.com, you are communicating with us electronically. We may
communicate with you by e-mail, tickets, Skype or by posting notices on the
website or by any other mode of communication. For contractual purposes, you
consent to receive communications (including transactional, promotional
and/or commercial messages), from us with respect to your use of the website
and/or your order placed on the website.
16. Losses
We will not be responsible for any
business loss (including loss of profits, revenue, contracts, anticipated
savings, data, goodwill or wasted expenditure) or any other indirect or
consequential loss that is not reasonably foreseeable to both you and us
when you commenced using the website.
17. Alteration of Service or
Amendments to the Conditions
We reserve the right to make
changes to our website, policies, and these Conditions of Use at any time.
You will be subject to the policies and Terms and Conditions of Use in force
at the time that you use the website or that you order goods or services
from us, unless any change to those policies or these conditions is required
to be made by law or government authority (in which case it will apply to
orders previously placed by you). If any of these conditions is deemed
invalid, void, or for any reason unenforceable, that condition will be
deemed severable and will not affect the validity and enforceability of any
remaining condition.
18. Events beyond our reasonable
control
We will not be held responsible
for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory
rights.
19. Waiver
If you breach these conditions and
we take no action, we will still be entitled to use our rights and remedies
in any other situation where you breach these conditions.
20. Governing law and
Jurisdiction
These conditions are governed by
and construed in accordance with the laws of India. You agree, as we do, to
submit to the exclusive jurisdiction of the courts at New Delhi.
21. Our Details
This website is operated by
indiansmartpanel.com.
For the indiansmartpanel.com
website, you could contact us by visiting ‘Tickets’.
Notice and Procedure for Making
Claims of Infringement and for Notifying indiansmartpanel.com of
Objectionable Content
If you believe that your rights
are being infringed, you may fill out and submit the ‘Ticket’. We respond
expeditiously to rights owners and their agents who complete and submit the
Ticket to communicate concerns about any alleged infringement. If you
believe that any content on, or advertised for sale on, the website contains
any Objectionable Content as defined under Section 7 above, please notify us
immediately by filling-in the ‘Ticket’ as described below.
Upon receipt of a Ticket we may
take certain actions, including removing information or an item, all of
which are taken without any admission as to liability and without prejudice
to any rights, remedies or defenses, all of which are expressly reserved.
Furthermore, in submitting a Ticket, you grant to indiansmartpanel.com the
right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, and display its content throughout the world in any
media. This includes forwarding the Ticket to the parties involved in the
provision of the allegedly infringing/objectionable content. You agree to
indemnify indiansmartpanel.com for all claims brought by a third party
against indiansmartpanel.com arising out of or in connection with the
submission of a Ticket.
Please keep in mind that services
are listings that are merely hosted on indiansmartpanel.com and are posted
solely at the direction of Third Party Sellers who may be contacted by
filling in the Ticket.
Important Warning: giving false,
misleading or inaccurate information in the Ticket to indiansmartpanel.com
may result in civil and/or criminal liability. You should contact a legal
advisor should you have any questions.
You could use the below sample to
fill in your ticket.
Ticket
Subject: Claim of Objectionable
Content/Infringement of Rights/Please Resolve an Issue (etc.)
Message:
I, [INSERT FULL NAME AND TITLE ]
of [COMPANY NAME, IF APPLICABLE] , state as follows:
Contact information
:(a) Your and/ or your company's
name, address, telephone number and contact email address; (b)The contact
email address and/or name which we will provide to Third Party Sellers (if
relevant) so they may contact you to resolve any issues regarding your
notification to us. If you do not provide a separate contact email, you
authorize us to use the contact information you provide us in your
Account.
Listing's/Item’s Detail and
Allegation of Infringed Right:
(a) The listing's number or
detailed description of where the information that you claim is infringing
your rights is located on the site; (b) A description of your intellectual
property right(s) or other rights that you claim has/have been
infringed.
Listing's/Item’s Detail and
Allegation of Objectionable Content
The Objectionable Content (delete
whichever paragraph is not applicable): (a) appear in a item/service being
sold by indiansmartpanel.com. OR (b) appear on the website at [please cut
and paste the address of the relevant Web page from the website where the
Objectionable Content appears].
The words/ content that I consider
to be Objectionable Content are [please repeat the exact words you are
complaining about].
This content is Objectionable
Content because [please state why you consider the content is Objectionable
Content].
I understand that this statement
may be used in any court proceedings that may arise out of or relating to
the Objectionable Content which I have complained about.
Include the following statement:
"I have a good faith belief that the portion of the listing(s) described
above violate(s) the intellectual property rights/ other rights (detail)/is
objectionable and/or owned by the intellectual property owner or its agent,
and/or nor is such use otherwise permissible under law."
Include the following statement:
"I represent that the information in this notification is true and correct
and that I am the intellectual property owner or authorised to act on behalf
of the intellectual property owner/ or otherwise for the rights described
above."
indiansmartpanel.com Software
Terms
1. Use of the indiansmartpanel.com
Software
You may use indiansmartpanel.com
Software solely for purposes of enabling you to use and enjoy the
indiansmartpanel.com listed Services as provided by indiansmartpanel.com
through Suppliers or sellers directly, and as permitted by the Conditions of
Use, these indiansmartpanel.com Software Terms and any Terms. You may not
incorporate any portion of the indiansmartpanel.com Software into your own
programs or compile any portion of it in combination with your own programs,
transfer it for use with another service, or sell, rent, lease, lend, loan,
distribute or sub-license the indiansmartpanel.com Software or otherwise
assign any rights to the indiansmartpanel.com Software in whole or in part.
You may not use the indiansmartpanel.com Software for any illegal purpose.
We may cease providing any indiansmartpanel.com Software and we may
terminate your right to use any indiansmartpanel.com Software at any time.
Your rights to use the indiansmartpanel.com Software will automatically
terminate without notice from us if you fail to comply with any of these
indiansmartpanel.com Software Terms, the Conditions of Use or any other
Terms. Additional third party terms contained within or distributed with
certain indiansmartpanel.com Software that are specifically identified in
related documentation may apply to that indiansmartpanel.com Software (or
software incorporated with the indiansmartpanel.com Software) and will
govern the use of such software in the event of a conflict with these
Conditions of Use. All software used in any indiansmartpanel.com Service is
the property of indiansmartpanel.com and/or its affiliates or its software
suppliers and protected by laws of India including but not limited to any
other applicable copyright laws.
2. Use of Third Party
Services
When you use the
indiansmartpanel.com Software, you may also be using the services of one or
more third parties, such as a wireless carrier or a mobile platform
provider. Your use of these third party services may be subject to the
separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering
You may not, and you will not
encourage, assist or authorize any other person to copy, modify, reverse
engineer, decompile or disassemble, or otherwise tamper with, the
indiansmartpanel.com Software, whether in whole or in part, or create any
derivative works from or of the indiansmartpanel.com Software.
Updates
In order to keep the
indiansmartpanel.com Software up-to-date, we may offer automatic or manual
updates at any time and without notice to you.