Smart Platform is a property of and operated by Smart Commerce Solutions Private Limited, an Indian company registered under the Companies Act, 1956, having its registered office at Hombelaku, 732, Ferns Paradise, Doddanekundi, Marathahalli, Bangalore - 560 037, Karnataka, India (Hereinafter, "SCSPL")
The Smart platform may also offer specific Products and / or Services that are governed by different or additional Terms of Service.
1. Smart Platform Features and Services
- d. You shall not access the Smart Platform if you are not eligible to do so.
4. Smart Platform License Grant
4.1. Ownership of Intellectual Property
4.2. License Grant
4.3. Reservation of Rights
4.4. Prevention of Unauthorized Use
SCSPL reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Smart Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
5. Fees; Taxes
6. User Content License Grant; Representations and Warranties
6.1. License Grant to SCSPL
Unless otherwise agreed to in a separate written agreement between You and SCSPL that was signed by an authorized representative of SCSPL:
- b. You do not transfer ownership of your Content simply by posting it. However, by posting User Content, you grant us, our agents, licensees, and assigns a worldwide, irrevocable, transferable, assignable, fully paid-up, royalty-free, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use Your User Content. Without those rights, we couldn't offer our Services. Please note that this license continues even if you stop using Smart Platform.
- d. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Content You post or is posted by Users provided access to Smart Platform by You.
- e. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
6.2. User Content Representations and Warranties
You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:
- (2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
- (3) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
7. Prohibited Conduct
BY USING THE SMART PLATFORM YOU AGREE NOT TO:
- 7.1. use the Smart Platform for any purposes other than to use it in accordance with the purposes intended to by SCSPL;
- 7.2. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in section 11, below);
- 7.3. post, upload, or distribute any defamatory, libelous, inappropriate, irrelevant or inaccurate User Content or other content;
- 7.4. post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- 7.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Smart Platform accounts of others without permission, forge another persons' Smart Platform access credentials, digital signature, misrepresent the source, identity, or content of information transmitted via the Smart Platform, or perform any other similar fraudulent activity;
- 7.6. delete the copyright or other proprietary rights on the Smart Platform or User Content;
- 7.7. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Smart Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- 7.8. use the Smart Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- 7.9. defame, harass, abuse, threaten or defraud Users of the Smart Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- 7.10. use the Smart Platform if You are under the age of eighteen (18) years old;
- 7.11. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Smart Platform or User Content, features that prevent or restrict use or copying of any content accessible through the Smart Platform, or features that enforce limitations on the use of the Smart Platform or User Content;
- 7.12. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Smart Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- 7.13. modify, adapt, translate or create derivative works based upon the Smart Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- 7.14. intentionally interfere with or damage operation of the Smart Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- 7.15. relay email from a third party's mail servers without the permission of that third party;
- 7.16. use any robot, spider, scraper, or other automated means to access the Smart Platform for any purpose or bypass any measures SCSPL may use to prevent or restrict access to the Smart Platform;
- 7.17. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Smart Platform;
- 7.18. interfere with or disrupt the Smart Platform or servers or networks connected to the Smart Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Smart Platform; or
- 7.19. post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Smart Platform functionality and user experience.
When You use the Smart Platform to upload and/or download content or access any products, services, or information from Smart Platform, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to SCSPL on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify SCSPL. You may be liable for the losses incurred by SCSPL or others due to any unauthorized use of Your Smart Platform account.
9. Third-Party Sites, Products and Services; Links
The Smart Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). SCSPL does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
You agree that SCSPL, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with SCSPL or Your use of the Smart Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. SCSPL shall however, provide you with reasonable notice for such Termination so as to enable You to make copies of Your User Data. SCSPL may also in its sole discretion and at any time discontinue providing access to the Smart Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Smart Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that SCSPL will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SCSPL may have at law or in equity. As discussed herein, SCSPL does not permit copyright infringing activities on the Smart Platform, and will terminate access to the Smart Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
11. Ownership; Proprietary Rights
You agree to indemnify, save, and hold SCSPL, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Smart Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. SCSPL reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SCSPL, and You agree to cooperate with SCSPL' defense of these claims. SCSPL will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
YOU SPECIFICALLY AGREE THAT SCSPL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN SMART PLATFORM. YOU SPECIFICALLY AGREE THAT SCSPL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SCSPL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN SMART PLATFORM BY ANY THIRD PARTY.
13. Disclaimers; No Warranties
13.1. No warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCSPL, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCSPL OR THROUGH THE SMART PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 12, THE TERM SCSPL INCLUDES SCSPL'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
13.2. "As is" and "As available" and "With All Faults"
YOU EXPRESSLY AGREE THAT THE USE OF THE SMART PLATFORM IS AT YOUR SOLE RISK. THE SMART PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SMART PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
13.3. Platform Operation and User Content
SCSPL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SMART PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
SCSPL, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SMART PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
13.5. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SMART PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
13.6. Uploaded Content
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY SCSPL HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
14. Limitation of Liability and Damages
14.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL SCSPL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE SMART PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH SCSPL, EVEN IF SCSPL OR AN SCSPL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. Limitation of Damages
IN NO EVENT WILL SCSPL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SMART PLATFORM OR YOUR INTERACTION WITH OTHER SMART PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SMART PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
14.3. Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SCSPL AND RECEIVED THROUGH OR ADVERTISED ON THE SMART PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
14.4. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT SCSPL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SCSPL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SCSPL. SCSPL WOULD NOT BE ABLE TO PROVIDE THE SMART PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.5. Limitations by Applicable Law
IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE USER AND SCSPL WITH RESPECT TO THE SMART PLATFORM AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN THE USER AND SCSPL WITH RESPECT TO THE SMART PLATFORM.
15. COMMUNICATIONS SERVICES
The Services may contain various Services that may be used for communication including but not limited to e-mail services, SMS services and Mobile app notifications. You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services, you will not:
- 15.1. Use the Services in connection with surveys, contests, promotions, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- 15.2. Upload, post, email, otherwise transmit, or post links to Smart Platform with respect to any raffle, contest or game requiring a fee by participants.
- 15.3. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- 15.4. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- 15.5. Upload, post, email, otherwise transmit, or post links that exploit the images of children under the age of 18, or that disclose personally identifying information belonging to children under 18 or harm minors in any other way or make any sexual request on behalf of a minor or make any sexual request of a minor.
- 15.6. "Stalk" or otherwise harass another.
- 15.7. Use, download or otherwise copy, or make available (whether or not for a fee) to a person or entity: any directory of users of the Services or other user or usage information or any portion thereof;
- 15.8. Upload, download, use, or otherwise copy, or make available (whether or not for a fee) any file(s) that contain text, images, photographs, software or other material protected by trade secret, or any intellectual property laws, including, by way of example, and not as limitation, copyright or trademark or service mark or patent laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- 15.9. Use any material or information which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- 15.10. Modify, publish, transmit, settle, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit Smart Platform database other than for the limited purposes for which material is licensed for your use.
- 15.11. Use or exploit any part of the Site or any software deployed in connection with the Site as, or as the content of, a service offered or supplied to other persons or entities without the express written consent of Smart Platform. For example, you will not create a site or maintain a site that links to our Site for the purpose of using, indexing, reformatting, or searching and retrieving, material from our site for the benefit of users of your site, without our knowledge and express consent; we want those users to come directly to our site to obtain material as we have spent considerable time, effort, and financial resources to build and maintain the Site and to attract submissions of Code and Documents, and to attract a wide base of customers and users.
- 15.12. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with Smart Platform's delivery and operations. Your access to Smart Platform is limited to your rights to use Services to which you are entitled to use, and only for the limited purposes of your licensed use of such Services.
- 15.13. Upload, post, email, otherwise transmit, or post links to, any content that facilitates hacking or that promotes any illegal activity, including instructions for illegal activity.
- 15.14. Upload files that contain viruses, worms, trojan horses, time bombs, trap doors, cancelbots, corrupted files, or any other similar software or programs or malicious code that may damage the operation of another's computer or property of another or are intended to interrupt, destroy or limit the functionality of Smart Platform.
- 15.15. Use automated means, including spiders, robots, crawlers, agents, or the like to download data from any database of Smart Platform, or from the Site itself (for example, site or page scraping is prohibited).
- 15.16. Exploit known or unknown weaknesses of the scripts or servers to disrupt or alter the Site's operation.
- 15.17. Advertise or offer to sell or buy any goods or services for any business purpose unless such Communications Service specifically allows such messages.
- 15.18. Download any file posted by another user of the Services that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- 15.19. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- 15.20. Restrict or inhibit any other user from using and enjoying the Services.
- 15.21. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- 15.22. Harvest or otherwise collect or store information about others, including e-mail addresses.
- 15.23. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
- 15.24. Violate any applicable laws or regulations.
- 15.25. Create a false identity for the purpose of misleading others.
- 15.26. Impersonate any person, including an employee, contractor, forum leader, guide or host of Smart Platform, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- 15.27. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through Smart Platform.
- 15.28. Create multiple accounts with the purpose of altering polls or affecting voting or affecting any User Data.
- 15.29. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to Smart Platform community or the spirit of these Terms of Service.
- 15.30. Breach any posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
- 15.31. Upload or otherwise make known your user and password for accessing the Smart Platform. Your user and password grants you the license to use the Smart Platform and is not transferable.
16. Copyrights and Trademark Notice
Any rights not expressly granted herein are reserved. Specific material may also be copyright of the respective authors/owners. By using any of the material on SCSPL, or accessing the Site, you understand that you have read and agreed to the above TOS. These Terms of Service will be strictly enforced.
www.smartcommercesolutions.in, www.smartcommercesolutions.com, worksmart.smartcommercesolutions.com, apps.smartcommercesolutions.com, Smart Commerce Solutions Private Limited are a property of SCSPL.
SCSPL RESERVES THE RIGHT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU OR YOUR USE OF THE SMART PLATFORM, INCLUDING ITS CONTENTS, WITHOUT YOUR PRIOR PERMISSION IF SCSPL HAS A GOOD FAITH BELIEF THAT SUCH ACTION IS NECESSARY TO: (1) CONFORM TO LEGAL REQUIREMENTS OR COMPLY WITH LEGAL PROCESS; (2) PROTECT AND DEFEND THE RIGHTS OR PROPERTY OF SCSPL OR ITS AFFILIATED COMPANIES; (3) ENFORCE THE TERMS OR USE; OR (4) ACT TO PROTECT THE INTERESTS OF ITS MEMBERS OR OTHERS. SCSPL PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF SCSPL' RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SMART PLATFORM OR INFORMATION PROVIDED TO OR GATHERED BY SCSPL WITH RESPECT TO SUCH USE.
Personal information can be disclosed when you use specific modules on Smart Platform meant for dissemination of personal information such as names, mobile phone numbers, email addresses, etc. If you wish to retain your privacy, do not maintain your information in these modules.
SCSPL may provide You with notices, including those regarding changes to SCSPL' terms and conditions, by email, regular mail, or postings on the Smart Platform. Notice will be deemed given twenty-four hours after email is sent, unless SCSPL is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Smart Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Smart Platform is deemed given 30 days following the initial posting.
The failure of SCSPL to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by authorized SCSPL personnel.
18.3. Governing Law
THIS AGREEMENT IS GOVERNED BY THE LAWS OF REPUBLIC OF INDIA. YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS IN BANGALORE, KARNATAKA, INDIA IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THE SMART PLATFORM. USE OF THE SMART PLATFORM IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
YOU AND SCSPL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SMART PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18.9. Permission to list You as SCSPL customer
You agree to allow SCSPL to list You as a customer of Smart Platform on its website, marketing materials and case studies.