This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The use of any product, service or feature (the “Materials”) available through smsoft.co.in (hereinafter referred to as “Website”) is owned by SM Soft Computers, with its registered office at Kalappurayil Building, Sulthan Bathery, Kerala, India (hereinafter referred to as “SM Soft”).
This Website, including all Materials present (excluding any applicable third party materials), is the property of SM Soft and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. SM Soft does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
When you use any Materials provided by us through the Website including but not limited to (e.g. customer comments and social actions) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. SM Soft reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to SM Soft’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. SM Soft does not charge any fee for browsing the Website. SM Soft reserves the right to change its Fee Policy from time to time. In particular, SM Soft may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event SM Soft reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SM Soft Internet Private Limited.
Blogs: This is to inform and clarify that individuals (including but not limited to employees of SM Soft and referred to as “Individuals” hereafter) may contribute articles and opinions on this Website entirely at the sole discretion of SM Soft , in the form of “blogs”, as such term is generally understood. You hereby acknowledge and agree that these blogs constitute the opinion of the Individuals in their personal capacity, and may not represent official positions of SM Soft in any manner. SM Soft retains all copyright to these blogs.
You may be permitted to post comments and feedback to these blogs. By doing so, You expressly agree and acknowledge to abide by the following:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(p) interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
(r) harm minors in any way;
(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(t) violates any law for the time being in force;
(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) impersonate another person;
(w) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(y) shall not be false, inaccurate or misleading;
(z) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of SM Soft or its associate companies or sellers on platform or otherwise tarnish or dilute any SM Soft’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or SM Soft’s systems or networks, or any systems or networks connected to SM Soft.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.
13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
14. SM Soft shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You may use Materials made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Third party content: The Website makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by SM Soft. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by SM Soft or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold SM Soft, any business offering products or services through the Website or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than SM Soft. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. SM Soft makes no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SM Soft or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SM Soft or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of SM Soft and SM Soft is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. SM Soft is not responsible for webcasting or any other form of transmission received from any linked site. SM Soft is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by SM Soft in any manner of the website.
Posting on the Website:
SM Soft does not claim ownership of the materials You provide to SM Soft (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting SM Soft, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sub license such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by SM Soft, as provided herein. SM Soft shall be under no obligation to post or use any Submission You may provide and SM Soft shall remove any Submission at any time at its own sole discretion.
SM Soft prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
This policy extends to your Submissions, Postings and all other areas of the website that another User may view. We allow Users to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).
Please report any violations of this policy for review.
If a feedback comment; or any communication made between Users on the Website; or email communication between Users contain profanity, please review Our feedback removal policy and submit a request for action/removal.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SM Soft does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
SM Soft will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. SM Soft does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
LIMITATION OF DAMAGES
In no event shall SM Soft or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if SM Soft is expressly advised of the possibility of such damages.
The Website may contain inaccuracies and typographical and clerical errors. SM Soft expressly disclaims any obligation(s) to update this Website or any of the materials on this website. SM Soft does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. SM Soft reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. SM Soft may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
Please contact us at firstname.lastname@example.org for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.