ACCEPTANCE OF TERMS
SmartWebsite welcomes you. SmartWebsite provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at. In addition, when using particular SmartWebsite owned or operated services, you and SmartWebsite shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. SmartWebsite may also offer other services that are governed by different Terms of Service.
DESCRIPTION OF SERVICE
SmartWebsite is a policy management system for agents or agencies with access of various features like plan management, customer & their policy management, premium paid process management, SMS alerts etc. You understand and agree that the Service may include certain communications from SmartWebsite, such as service announcements, administrative messages and the SmartWebsite Newsletter, and that these communications are considered part of SmartWebsite membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new SmartWebsite properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SmartWebsite assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, landline phone, mobile phone, airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of SmartWebsite Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. In consideration of your use of SmartWebsite Services you may choose to provide your contact information to SmartWebsite. If you provide any information that is untrue, inaccurate, not current or incomplete, or SmartWebsite has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartWebsite has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the India and/or other countries for storage, processing and use by SmartWebsite and its affiliates.
REFUND & CANCELLATION POLICY
Currently we are selling only digital goods and we don't have any refund or cancellation option available. Organization can unsubscribe our services any time.
SHIPPING & DELIVERY POLICIES
Once you complete the registration; you immediately receive a approval mail or sms and then customer can start using our services.
PAYMENT PROCESS
Once customer complete the registration and confirmed and agreed to the Terms & Conditions, customer can pay from the account section. Customer can pay by payment gateway or do Bank trasfer or do payment transfer by BHIM app.
Referral Program
Customer can sell the software to other insurance agent, For that customer need to other agents registration from their account and when agents subscribe and do payment then as per Referral program customerr can get 100 Rs/Year (subject to agents yearly renewal). Your referral pending amount will be clear on every sunday.
MEMBER ACCOUNT AND SECURITY
You may choose a password and account designation upon completing registration for services. You are responsible for maintaining the confidentiality of the pin, password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify SmartWebsite of any unauthorized use of your account or any other breach of security, and ensure that you exit from your account at the end of each session. You also understand that the SMS services that we provide are the transactional in nature and are supposed to be used only for educational notification purpose. Under no circumstances the SMS service to be used for Marketing or advertising purpose. You will be solely responsible for any litigation, fines or penalty that arises out of misuse of the SMS or any other service of SmartWebsite. SmartWebsite reserves the right to terminate your account with or without any prior notice if any of its officers/employees find the breach of terms of the service by you. SmartWebsite can not and will not be liable for any loss or damage arising from your failure to comply with this Section ("MEMBER ACCOUNT AND SECURITY").
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SmartWebsite, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SmartWebsite does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SmartWebsite be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that SmartWebsite may or may not pre-screen Content, but that SmartWebsite and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SmartWebsite and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SmartWebsite or submitted to SmartWebsite.
You acknowledge, consent and agree that SmartWebsite may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your Content, may involve
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SmartWebsite and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON SmartWebsite NETWORK
You acknowledge that in using SmartWebsite services to exchange electronic communications (including but not limited to email, search queries, sending messages to SmartWebsite or invitation to non-members, uploading photos and files to SmartWebsite, and other Internet activities), you will be causing communications to be sent through SmartWebsite's computer networks and SmartWebsite partner's infrastructure, portions of which are located in Pune and New Delhi in the India and portions of which are located abroad. As a result, and also as a result of SmartWebsite's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SmartWebsite does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SmartWebsite the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the SmartWebsite network of properties that are intended by SmartWebsite to be available to the general public. By way of example, publicly accessible areas of the Service would include Photos and Profiles that are open to both members and visitors, such as but not limited to front page, help etc. However, publicly accessible areas of the Service would not include portions that are limited to members, SmartWebsite services intended for private communication such as phone calls, or areas off of the SmartWebsite network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by SmartWebsite.
INDEMNITY
You agree to indemnify and hold SmartWebsite and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SmartWebsite may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that your posting, or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on SmartWebsite's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SmartWebsite has no responsibility or liability for the deletion or failure to store any content and other communications or other Content maintained or transmitted by the Service. You acknowledge that SmartWebsite reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SmartWebsite reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE AND CHARGES
SmartWebsite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SmartWebsite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that SmartWebsite may from time to time revise the rates for the services and functionalities it provides, with or without intimating you. The services such as SMS and email communication/notifications that you purchase explicitly or are included in SmartWebsite packages (such as, but not limited to, Monthly and Yearly Gold Packages), may at any time be discontinued, changed, charged extra for usage or rates can be changed for the unused/remaining SMS/emails quantity. As the charges of these facilities may some time dependend on the external factors beyond SmartWebsite control such as but not limited to changes in Government policies or Telecom providers rates.
TERMINATION
You agree that SmartWebsite may, under certain circumstances and without prior notice , immediately terminate your SmartWebsite account, any associated call ids, and access to the Service. Cause for such termination shall include, but not be limited to,
Termination of your SmartWebsite account includes
Further, you agree that all terminations for cause shall be made in SmartWebsite's sole discretion and that SmartWebsite shall not be liable to you or any third party for any termination of your account, any associated ids, or access to the Service.
DEALINGS WITH MEMBERS and ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, members and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SmartWebsite shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
SmartWebsite'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SmartWebsite or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
SmartWebsite grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by SmartWebsite for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SmartWebsite AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SmartWebsite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF ABOVE TWO SECTIONS MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
SmartWebsite may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
TRADEMARK INFORMATION
The SmartWebsite, SmartWebsite logo, trademarks and service marks and other SmartWebsite logos and product and service names are trademarks of SmartWebsite (the "SmartWebsite Marks"). Without SmartWebsite's prior permission, you agree not to display or use in any manner the SmartWebsite Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
SmartWebsite respects the intellectual property of others, and we ask our users to do the same. SmartWebsite may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SmartWebsite's Copyright Agent the following information:
SmartWebsite's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o SmartWebsite
B-10, Super Tex Tower,
Opp-Kinnery Cinema, Surat, (Gujarat),India
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and SmartWebsite and governs your use of the Service, superseding any prior agreements between you and SmartWebsite with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SmartWebsite services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and SmartWebsite shall be governed by the laws of the Pune, India without regard to its conflict of law provisions. You and SmartWebsite agree to submit to the personal and exclusive jurisdiction of the courts located within the Pune, India.
Waiver and Severability of Terms. The failure of SmartWebsite to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SmartWebsite account is non-transferable and any rights to your postings or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.