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We are Smart Byte Media Pvt Ltd ("Smart Byte" or "We" or "Us"), owners and operators of www.smarkerz.com ("Website") and the mobile based App available on Google Play store platforms ("App") (collectively the "Platform"), engaged, inter alia, in the business of allowing third parties with marketing requirements (herein referred to as "Project Providers") to list on the Platform and facilitating their connect and engagement through the Platform with brand influencers ("Influencers") seeking to implement social media and marketing projects for a fee ("Services").
At the outset, You agree and acknowledge that Smart Byte is merely an intermediary which provides You listing and ancillary Services. Smart Byte allows Project Providers to host content/projects on its Platform and provides other ancillary Services to them. Project Providers upload projects and projection execution details on the Platform ("Projects") with the purpose of contracting Influencers for executing such Projects, in return for payment of a fee to them. You acknowledge that Smart Byte is not involved in project execution for the Project Provider nor does Smart Byte take responsibility for or monitor or assess the quality of services provided by the Influencer to the Project Provider. The Project terms are entered into solely between the Project Provider and the Influencer, on a project-to-project basis. Smart Byte merely provides the Project Provider and Influencer an opportunity, through its Platform, to enter into a bi-partite agreement between and amongst themselves. Any payments made between and amongst persons on the Platform are made voluntarily, without any involvement of Smart Byte, unless otherwise specifically provided for herein. You agree that Smart Byte has no obligation towards Influencers beyond providing the Services specifically agreed to under these Terms. You agree that Smart Byte is not liable for any errors in the Project information or payment details provided to it and acknowledge that Project information or payments information on Smart Byte's Platform is entirely dependent on the representations made and information provided to it by or updated by person(s) using the Platform.
This User agreement applies to all users of the Platform, including without limitation users who are browsers, members, customers, merchants, and/or contributors of content.
These terms constitute a legally binding agreement between you and Smart Byte. when you use the platform or purchase or avail any product or services or third-party services on the platform, you agree to be bound by the terms and conditions stated herein as may be amended by Smart Byte from time to time.
As long as you comply with these Terms, you are granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.If you do not agree to be bound by (or cannot comply with) any of the terms below, we urge you not to use the platform or avail any services or third-party services listed therein. You hereby expressly represent and warrant that you will not purchase or avail from this Platform, Services or third-party services, if you do not understand, agree to become a party to, and abide by all of these Terms.
These terms are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 ("the rules") that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.smarkerz.com .
These terms constitute an electronic record under the 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.
You, the user of this Platform, ("User", "you", "your") have the responsibility of reviewing these terms and conditions as well as other terms and conditions published elsewhere on the Platform (“Terms” or “Terms of Use” or “User Agreement” or “Agreement”) periodically for updates / changes. By using the Platform, you agree that you have read and understood these Terms and you agree to be bound by these Terms. Smart Byte reserves the right to change or revise this Platform and/or alter the Terms at any time.
Your continued use of the Platform following any changes will mean that you accept and agree to any revisions made by us to these Terms.
By clicking, tick-marking or otherwise confirming anything on this Platform; or browsing, purchasing or availing Services listed by Smart Byte on the Platform including third party support services such as payment collection services, you consent to the Terms of this Agreement and the privacy policy which is incorporated in these Terms by reference as well as to terms of any third party service provider, as may be specified by them on the Platform, and which are deemed to be included herein by reference.
You hereby also agree and acknowledge to be bound by such references, rules and regulations, policies, terms & conditions on any subdomains, webpages or extensions of www. www.smarkerz.com which are hereby deemed to be incorporated in these Terms. You further acknowledge that the sub-headings are only indicative of the nature of the content under them and are included for ease of reference; and that the entire Agreement applies to you at all times.
This Platform may only be used to transact by such 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, persons of unsound mind, and undischarged insolvents may use the Platform only under the supervision of a parent or legal guardian after such parent or legal guardian has accepted these terms of use. A minor is not allowed to register as a User or purchase or avail any Services or third party-services on the Platform and any such activity must be undertaken only under the supervision and with the consent of a parent or legal guardian.
If you are a minor i.e. under the age of 18 (eighteen) years, you should not register as a User of the Platform nor should you transact on the Platform. As a minor, if you wish to use or transact on the Platform, such use or transaction may be undertaken by your parents or a legal guardian or by you under the supervision of a parent or legal guardian. Smart Byte may prescribe additional methods of verifying the consent of parents or legal guardians in case of usage by minors and the Users agree to be bound by the same. Smart Byte reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Smart Byte’s notice or if it is discovered that you are under the age of 18 (eighteen) years and have accessed or used or transacted in this Platform without the supervision and consent of a parent or legal guardian.
You acknowledge that any and all promises and commitments and benefits herein, whether made conditionally or otherwise by Smart Byte or by any third party on the Smart Byte Platform, are not intended for any minor, even if any activity with a minor is being undertaken by Smart Byte or by any third party on the Smart Byte Platform, under the supervision and authorisation or the minor’s parent or guardian; and you agree that the beneficiary of any promise or commitment from Smart Byte shall always be deemed to be the parent or local guardian of a minor. In the event of any condition not being met as a result of an act or omission of a minor who is using the Platform under the supervision of a parent or guardian, Smart Byte or any third party on the Smart Byte Platform shall not be bound to fulfil its part of any agreement entered into with you.
You can browse by voluntarily creating an account with us by filling or submitting details as requested by Smart Byte on the Platform or by logging in with your third-party website user ID and password including that of www.facebook.com, websites owned by, Google Inc. or its subsidiaries, twitter or any other social media website or any other internet service as may be permitted by Smart Byte (“Account”). This Platform, inter alia, allows you to collaborate with third party service recipients who require social media and marketing services and allows you to receive Projects from them as well as collaborate with other Influencers on the Platform.
By creating an account with us you can become a member ("Member") and become entitled to a range of services and other Smart Byte resources as a User which may not otherwise be accessible by a non-Member. You understand that Membership /individual products and services are non-transferable.
You can use this Platform to avail Services that are listed by us and avail of any rewards and membership benefits provided to you.
You can use this Platform to review and agree to terms of Projects listed by Project Providers and engage with such Project Platform through the technology provided and used by the Platform.
Smart Byte reserves the right to terminate/disable your account in the event You violate any terms under this agreement or your agreement with any third-party service provider or Project Provider.
In case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of the computer resource of Smart Byte or as per the requirements of any governmental order or applicable law, Smart Byte has the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
Account and other Information: You agree, confirm and acknowledge that you will be responsible for maintaining the confidentiality and security of Account information and will be fully responsible for all activities that occur under your Account. You agree to
You agree that you shall, at all times, provide Smart Byte with true, accurate and complete information. If you provide any information that is untrue, inaccurate, not current or incomplete or Smart Byte has a reasonable ground to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Agreement, Smart Byte reserves the right to indefinitely suspend or terminate or block your use or access to the Platform. You agree not to represent yourself as another person or User or login/ register using the identity of any other person.
You agree to provide correct and accurate financial information, such as e-wallets, UPI, credit/debit card details etc to any approved payment gateway or pre-paid payment instrument provider while availing Services through the Platform. You shall not use an e-wallets/UPI/credit/debit card or pre-paid payment instrument which is not lawfully owned by you without the permission of such owner. You will be solely responsible for the security and confidentiality of your e-wallets/UPI/credit/debit card details or pre-paid instrument account. Smart Byte expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your e-wallets/UPI/credit/ debit card or pre-paid instrument account.
Sufficient authority: If you represent and are registering as a business entity, by accepting the User Agreement you covenant that such entity shall have sufficient authority under applicable law to enter into the User Agreement and that you will have been duly authorized by the business entity to accept this User Agreement and bind such business entity to this User Agreement.
Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by Smart Byte. For the purposes of availing Services listed on the Platform, you agree not to make payments in any manner other than as provided.
Payments on Platform: All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees unless otherwise permitted by Smart Byte. For the purposes of availing Services listed on the Platform, you agree not to make payments in any manner other than as provided.
Platform security: You must not violate or attempt to violate the security of this Platform, including, without limitation, by
Responsibilities as an Influencer: As a registered Influencer, You shall promoter Your services in accordance with the policies of this ToU. You must have all the necessary licences and permits required for your activities on the Platform, including any activities You undertake with Project Partners. You must ensure that You do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Any listings may only include text descriptions, graphics, pictures or videos that describe your services. All listings must be in an appropriate category on the Platform. You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
Prohibited activities: You agree not to engage in any of the prohibited activities mentioned below and agree to indemnify Smart Byte for all losses caused as a result of your conduct or that of another using your Account in relation thereto. You agree and undertake not to use the Platform to host, display, upload, modify, publish, transmit, store, update or share any information that,
Pricing and Payments for services provided by Influencers to Project Partners:
Terms of pricing in relation to a Project are agreed between You and Project Partner alone. The commercial/contractual terms may include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and other services related to Project services. Smart Byte does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and Project Partners. The Users acknowledge and agree that We may, however, at Your request, act for the limited purpose of accepting payments from Project Partners for the purpose of remitting the same to You as per the instructions of the Project Partner. The User understands, accepts and agrees that by providing such payment facility, We are neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price between You and the Project Partner. You acknowledge that We may, with your permission, merely collect the payment from the Project Partner. Any remittance shall be subject to RBI’s intermediary guidelines and arrangements/directions of the nodal bank. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the documents will be as per applicable law and are the responsibility of You and the Project Partner and We hold no responsibility for the legal correctness/validity of the levy of such taxes. The sole liability with respect to any legal issue arising on the taxes payable shall be with You. We disclaim responsibility to charge or deposit any taxes applicable on Project related transactions. We will not be liable for any chargeback made by the Project Partner in relation to payment of any amounts that You may claim towards services delivered by You to the Project Partner. We shall have the right to deduct such chargebacks from remittances, present and future, and Your only remedy will be to discuss and resolve the same with the concerned bank or Project Partner instructing Us to undertake such chargeback. In the event We have made any excess payment to You inadvertently, such excess payments shall be set-off from any future remittances payable to You. We may, at our sole discretion, assist you with the process of generating an invoice on your behalf. You expressly agree that issuing a correct and complete invoice is the sole and primary responsibility of the Influencer. You shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
Pricing and Payments for Use of the Platform: In relation to use of the Platform, presently, Smart Byte is not charging its Users any fees or commission (without prejudice to the contractual relationship entered between Smart Byte and Users hereby, which You acknowledge to be based on good and valuable consideration). However, the listed price or commission for any Service by Smart Byte is subject to change without notice. Smart Byte may from time-to-time contract with third party payment service providers such as banks i.e., in order to open a nodal bank account under applicable Indian laws to facilitate electronic payments by or to Users on the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, providers of pre-paid instruments and mobile payment service providers. You specifically authorize Smart Byte and third party service providers to collect, process, facilitate and remit payments electronically or through cash on delivery as the case may be.
You further understand, accept and agree that the payment facility provided on the Platform is neither a banking nor financial service provided by Smart Byte and is merely an electronic, automated online electronic payment, collection and remittance facility made available to you for undertaking transactions on the Platform using banking infrastructure and credit card payment gateway networks.
You understand that a number of factors that are outside of Smart Byte 's control (including without limitation, actions of an issuing bank, nodal bank and any credit / debit/ cash card service provider or bank or financial institution infrastructure or payment gateway facility provider or Reserve Bank of India authorised persons providing enabling support facilities for collection and remittance of payments where the transaction price is refunded) may delay the time within which the transaction price is collected by Smart Byte or refunded through the payment gateway facility. Smart Byte neither makes any representations or warranties regarding the amount of time needed to complete processing, and shall not be liable for any actual or consequential damages arising from any claim of delay.
For making payments while availing the Services on the Platform or receiving any payments through the Platform, the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent you from making electronic payments for buying the Products on Platform. Smart Byte disclaims any liability in this regard.
Smart Byte reserves the right to refuse to process transactions by those with a prior history of questionable charges including without limitation breach of any agreements with Smart Byte or Project Providers or breach/violation of any law or any charges imposed by an issuing bank or breach of any policy.
Smart Byte may delay notifying payment confirmation if Smart Byte deems such transaction to be suspicious. Smart Byte may hold the transaction price and may remit transaction price to law enforcement officials (instead of refunding the same to User) at the request of law enforcement officials or in the event you are engaged in any form of illegal activity.
Any transaction price paid by you or to you will have to be in accordance with the rules and regulations prescribed by the Reserve Bank of India from time to time, including in accordance with the Payment and Settlement Systems Act, 2007 and in keeping with the agreements signed with any payment facility providers. Any return of credit shall also be subject to applicable law and you agree not to hold Smart Byte liable for any delays caused by third party payment providers.
Unless otherwise specifically agreed, the title in the Platform/Services and in the intellectual property in the Platform/Services shall always stay with Smart Byte /third party service provider (as the case may be) and you shall only retain a license to use the Platform to the extent and for the purposes specifically authorised. The license provided to you is non-assignable, non-transferable, non-sub-licensable and non-exclusive in nature and is meant for restricted and limited use.
Cancellation by Smart Byte: There may be certain requests for Services that Smart Byte is unable to accept. Smart Byte reserves the right, at its sole discretion, to refuse or cancel any transaction request for any reason whatsoever. Some situations that may result in User's transaction being cancelled include, without limitation, non-availability of the Service or inaccuracies or errors in listings or pricing or other information. Smart Byte may also require additional verifications or information before processing any transaction, which the User shall have to provide for the transaction to be processed. All such cancellations shall be without any recourse to User and without any liability to Smart Byte. If User's transaction is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to you either to the bank account provided by you for such reversal, or to the payment instrument from which payment was made, or to any pre-paid payment instrument account of yours. Smart Byte shall have the sole discretion to determine the mode of reversal.
Cancellation by you: User cannot cancel any transaction request once processed. User may cancel his/her registration with Us at any time, provided all previous outstanding payments are settled. Upon cancellation of the registration, there may still be some information saved on our server regarding the user, which shall be retained by us to the extent required by applicable law.
Cancellation of Project: Smart Byte is not responsible for any non-performance or breach of any contract between You and the Project Partner. Smart Byte cannot and does not guarantee that You and the Project Partners will conclude transactions agreed on the Platform. Smart Byte shall not and is not required to mediate or resolve disputes or disagreements between you and Project Partners but may do so at its sole discretion from time to time and without undertaking any responsibility in relation thereto. Smart Byte is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of any unlawful cancellation of Projects.
Smart Byte may provide membership benefits to Users who register with us from time to time. These may include invitations to offer or invitations to participate in certain events and experiences curated by Smart Byte or by third parties with whom Smart Byte has arrangements.
You agree that Your invitation to any event or experience or into a programme may be subjected to additional conditions as per the discretion of Smart Byte and is made at the sole discretion of Smart Byte and upon the terms specified by Smart Byte ; and that Smart Byte reserves the right to cancel such invitations at its discretion. You acknowledge that Smart Byte is not an organizer or an event management company and does not give warranties that such events and experiences will meet any standards or expectations, unless otherwise specified as part of Services being provided by Smart Byte to you for agreed consideration.
Any membership benefits promised by Smart Byte to a User shall be provided on an "as is" basis.
You acknowledge and agree that Smart Byte and any of its licensors retain ownership of all intellectual property rights (including applicable copyrights, trademarks and other proprietary rights) of any kind on the Platform and Services, and our websites, emails, mobile sites, applications, other services. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that we retain ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in under these Terms.
We have invested substantial time and effort into developing the Platform and Services and it contains our own or licensed intellectual property. You further agree not to breach our intellectual property rights or attempt to reverse-engineer or discover the source code (by any means) of the Platform. You agree that any infringement of these restrictions will cause us irreparable loss. Smart Byte name and logos are trademarks and service marks of Smart Byte (the “Smart Byte Trademarks”). Any other company, product, and service names and logos used and displayed via the Platform or in any of our Products may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Smart Byte. Nothing in these Terms should be construed as granting, by implication or otherwise, any license or right to use any of the Smart Byte Trademarks displayed on the Platform, without Smart Byte’s prior written permission in each instance.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content or intellectual property that are owned by Smart Byte or licensed to Smart Byte for use and available on or through the Platform, including in any Products.
The technology underlying the Platform and the entire contents of the Platform including, but not limited to, text, graphics, images, audio-video clips, digital downloads, data compilation or code is either the property of Smart Byte or is licensed for use on the Platform. You are prohibited by law from copying or using, without express permission, any copyright or other right in such work.
You expressly understand and agree that Smart Byte its affiliates and subsidiaries, and their respective officers, directors, agents, co-branders or other partners, and employees shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of property, profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
Your sole and exclusive remedy for any dispute regarding the Platform and Services, with us or any of the persons detailed above shall be termination of your relationship with us. In no event shall our entire liability to you in respect of any Product or Service, whether direct or indirect, exceed any amount paid by you towards the Services, if any.
You agree to use this Platform and purchase or avail Products and Services as well as undertake third party Projects at your own risk and to not rely on the accuracy of the descriptions of Services and Products for gauging their usefulness to you nor hold Us responsible for any reliance placed by You on other users and their information displayed on the Platform. You explicitly agree that each user is responsible for the representations they make and the Platform cannot be held responsible for misrepresentations or any other acts or omissions of Users whether on or outside the Platform.
You expressly acknowledge and agree that use of the platform and any products/services or third party projects is entirely at your own risk and the platform and any services are offered on an "as is" or "as available" basis, without any warranties of any kind. all express and implied warranties, including, without limitation, the warranties of merchantability and fitness for a particular purpose are expressly disclaimed to the fullest extent permitted by law.
We do not and cannot perform any background check of our Users or Project Providers and hence, We are not responsible for the actions of any of the Users or Project Providers on our platform. You are solely responsible for your interactions with any User and Project Provider on or off of the Platform.
For abundant clarity, where Smart Byte is not the originator of any services provided by a third party, Smart Byte disclaims any liability for any defects or shortcomings in such services caused including those caused due to fraud, negligence or mistakes made by the third party. Smart Byte’s aggregate liability with respect to this agreement and any and all use of the Platform in any circumstance is limited to the transaction price, if any, paid by the User to Smart Byte for its Services.
Smart Byte may provide you with access to third party tools for facilitation of services which are not in control or monitored or secured by us. Access to such tools on an “as is” and “as available” basis without any warranties, representation or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools, including any liability for loss of confidentiality or data as a result of your use of the tools. You agree that you are fully aware that the technology platforms used may not be secure and you agree to not hold Smart Byte responsible for any losses caused to you as a result of any deficiency in the services provided by such service providers.
We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site.
Smart Byte’s role is limited to an intermediary and We are not liable for any dues payable amongst and between the User and the Project Provider.
You agree that the listing Services on the Platform or permitting Project Providers to list their Projects is by no means an inducement by Smart Byte or a marketing or advertisement of any person.
You are advised to independently verify the bona fides of any particular Project Partner you choose to deal with on the Platform and use your best judgment in that regard.
This limitation of liability shall survive the termination or expiration of this Agreement.
The User agrees to indemnify Smart Byte, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access (or in the case of a parent or legal guardian, a minor's access) to or engagement in a Project or use of the Platform or Services, violation of this Agreement, or infringement of his/her/its Account, or of any intellectual property or Smart Byte 's Services or misrepresentations or injuries caused to any other person on or off the Platform by the User. Smart Byte will notify the User promptly of any third party claim, loss, liability, or demand, and in addition to the foregoing obligations, the User agrees to indemnify Smart Byte at his/her/its expense for defending such third party claims or for any losses arising from a breach of the Terms.
You may terminate this Agreement by not accessing the Platform or Services but no termination hereunder shall affect obligations incurred by you as a User or purchaser under this Agreement or under your terms of engagement with the Project Partner.
Smart Byte may suspend or terminate your account in the event you are using the Platform or accessing Smart Byte ’s digital resources for reasons other than permitted use as per these Terms or on behalf of any other person or organization without their consent.
Without limiting other remedies that Smart Byte may pursue, Smart Byte may at its sole discretion, take such action as it deems fit including but not limited to cancellation of the transaction or payments made, limiting User activity, immediately remove User information, forthwith temporarily/indefinitely suspend or terminate or block a User, and/or refuse to provide a User with access to the Platform or Services or initiate any legal action as it may deem fit.
In the event you have breached any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated by reference or where Smart Byte is unable to verify or authenticate any information provided by you; or Smart Byte believes that your actions may cause legal liability to Smart Byte, We may terminate your registration. Termination of your account may include:
Additionally, Smart Byte may have to, with or without notice, terminate your registration in the following events:
No actions, omissions or decisions taken by Smart Byte shall waive any rights or claims that Smart Byte may have against the User. A User who has been suspended or blocked may not register or attempt to register with Smart Byte or use the Platform or Services in any manner whatsoever until such time that such User is reinstated by Smart Byte at the sole option of Smart Byte.
Notwithstanding the above, if the User Agreement or the rules and policies and other documents incorporated therein by reference are breached, Smart Byte reserves the right to recover any amounts due and owed to Smart Byte and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
When you use the Platform or Product or Services to send emails or share other data, information or communication or when you communicate with Smart Byte, you agree and understand that you are communicating with such persons through electronic records and you consent to receive communications via electronic records.
Smart Byte may communicate with you by email or by notices on Platform or electronic records on the Platform or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law. You may communicate with Smart Byte by sending an email to [________]
In case of any grievance, objection or complaint on your part with respect to the Platform or other Users, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use services, or violation of these terms or of your intellectual property or in relation to published content, you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him with necessary information and/or documents.
Smart Byte will make a best effort to resolve your grievance and will take adequate action consistent with this Agreement and applicable laws, including taking down any material which is objectionable or harmful for Users. The name and contact details of the Grievance Officer is published on the Platform as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
Mr. [.]
Address:
Phone:
Email: [email protected]
Time: Mon to Fri (9:00 am to 6:00 pm)
By using the Platform or Services and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Platform or through any Services. The personal information / data including but not limited to the information provided by you to Smart Byte shall be treated in accordance with the Privacy Policy which is incorporated herein by reference and in accordance with applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules thereunder.
We reserve the right to add, modify or remove terms from this Agreement at any point in time with no prior notice. However, Smart Byte shall inform users regarding the change of these Terms if required by applicable law. Responsibility to review the Agreement from time to time lies with the User. Continuation of the use of the Platform after revision of the Agreement will be deemed to be an acceptance of the revised terms. Information about our security and privacy practices can be found on our Privacy Policies available at ____________("The Privacy Policy")
You may use any feedback and review mechanism provided by Smart Byte to communicate your fair opinion and facts in respect of the Platform or your experience whilst using the Product or Services known to you from first-hand experience only (or in case you are the legal guardian or parent of a minor, through any experiences of the minor). You shall not include any other hearsay information, or information that results in maligning Smart Byte, any other User or third party in your feedback.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between the User and Smart Byte and you shall have no authority to bind Smart Byte in any manner whatsoever.
These Terms shall be governed and construed in accordance with the laws of the Republic of India and the courts at Mumbai shall have exclusive jurisdiction over all matters and disputes arising out of and relating to the business or Platform or Services.
If any dispute arises between you and Smart Byte during your use of the Platform or Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents incorporated by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party chosen mutually by the User and Smart Byte. The place of arbitration shall be Mumbai and the Arbitration and Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Smart Byte shall be entitled to seek and enforce specific performance of this Agreement, in addition to any other legal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.
According to The Advertising Standards Council of India (ASCI), ‘fin-fluencers’, if advising about stock or investments, must have been registered with SEBI and their SEBI registration number should be stated with their name and qualifications. For other financial advice, the influencer must have suitable qualifications or requirements as mandated by governing bodies such as an IRDAI, RBI, SEBI, etc. In addition, influencers must abide by all disclosure requirements as mandated by financial sector regulators from time to time. If you are not yet registered with the above mandate, kindly get yourself registered. Hereby, Smarkerz and the Advertiser will not be responsible or will take an incharge on being penalized.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a User will survive the expiration or termination of this Agreement.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between you and Smart Byte with respect to the subject matter herein.
All remedies of Smart Byte under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Smart Byte may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms.
