PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE:

This website(www.smartechpay.com) is operated and maintained by SMARTECHPAY, a professionally managed company headquartered at Plot No.15 near Sanjivani Hospital, Erandwane, Pune – 411004 . SMARTECHPAY provides services to you under the following conditions. By visiting or engaging in any transactions on this website, you agree to abide by these conditions. Please review them carefully.

This Terms and Conditions document constitutes an electronic record under the Information Technology Act, 2000 and its related rules and amendments regarding electronic documents and records. It is published and governed in accordance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, under the Information Technology Act, 2000, which mandates the publication of a Privacy Policy for the collection, use, storage, and transfer of sensitive personal data or information.

Before you click “I Agree,” please read these Terms and Conditions carefully. By using this website, you acknowledge that you understand, agree to, and consent to these Terms and Conditions. If you do not agree with these terms, please do not use this website. By using this site, you provide your unconditional consent to the Terms and Conditions outlined herein, as stipulated under Section 43A and Section 72A of the Information Technology Act, 2000.

SOFTWARE:

The term “Software” refers to any software, including but not limited to files, code, usage data, and accompanying materials, available through this Site. You may use the Software solely for the purpose of accessing and utilizing this Site as explicitly intended and permitted. Such use must not be competitive with or derogatory to SMARTECHPAY.

SMARTECHPAY retains full ownership and all intellectual property rights related to the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble, or create derivative works from the Software.

USER CONDUCT:

When using this Site, you agree to the following:

Security and Integrity: You will not disrupt or interfere with the security, functionality, or integrity of the Site or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.

Respect for Others: You will not interfere with or disrupt other users’ enjoyment of the Site or affiliated or linked websites.

Malicious Content: You will not upload, post, or transmit any viruses, malware, or other harmful, disruptive, or destructive files through or on this Site.

Unauthorized Use: You will not use or attempt to use another person’s account, service, or system without authorization from SMARTECHPAY, nor will you create or use a false identity on this Site.

Unsolicited Communications: You will not send spam, chain letters, junk mail, or any unsolicited mass emails to individuals or entities who have not consented to receive such communications.

Account Security: You will not share your username and password with others, whether on or off the Site.

Unauthorized Access: You will not attempt to gain unauthorized access to any restricted areas of the Site or its systems.

Legal Compliance: You are solely responsible for all actions and communications made under your account. You agree to comply with all applicable local, state, national, and international laws and regulations, including those of India, related to your use of or activities on this Site.

This Site is controlled and operated within India. If you are located in a jurisdiction that restricts access to this Site, you should not access or use it. SMARTECHPAY does not represent that the Site is appropriate or available for use outside of India.

PRIVACY POLICY:

By using this Site, you acknowledge that SMARTECHPAYT may collect and use data in accordance with our Privacy Policy. This Privacy Policy is incorporated into these Terms of Use by reference and is considered to be fully integrated into these Terms. For details on how we collect, use, and protect your data, please refer to the Privacy Policy.

INFORMATION SECURITY

We implement robust security measures to protect your personal information, adhering to the ISO 27001:2013 Standard. This standard assures that we maintain high standards of information security to keep your data safe and secure.

LINKS AND THIRD-PARTY CONTENT:

Links to Other Websites: This Site may contain links to other websites for your convenience. These links do not signify endorsement, sponsorship, or responsibility by SMARTECHPAY for the content, services, or products available on or through these external sites.

Links from Other Websites: Links to this Site from other websites must be approved in writing by SMARTECHPAY, except in cases where:

The link is a text-only link containing only the title of the home page of this Site.

The link directs only to the home page of this Site and not to any deeper pages.

The link, when activated, displays the home page of this Site in full-screen mode and not within a frame.

The appearance, position, and other aspects of the link do not misrepresent SMARTECHPAY or its Site.

THIRD-PARTY CONTENT:

Content Provided by Third Parties: This Site may include material, data, or information from third parties, such as advertisements or postings in online community discussions. SMARTECHPAY and its affiliates are not responsible for the accuracy, reliability, or legality of such third-party content and disclaim any liability for any loss or damage arising from your use of such content.

Disclaimer of Warranties: This Site and its content are provided on an “as is” and “as available” basis. You agree that use of the Site and its content is at your own risk. To the fullest extent permitted by law, SMARTECHPAY and its affiliates disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.SMARTECHPAY does not guarantee that the Site or its content will meet your requirements, be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Limitation of Liability: SMARTECHPAY is not liable for any loss or damage, including but not limited to loss of data, due to delays, non-deliveries, errors, system downtime, misdeliveries, or interruptions caused by negligence, or for any errors and omissions on your part. Except as specifically stated, SMARTECHPAY does not guarantee the confidentiality of information transmitted through the Site.

LIMITATION OF LIABILITY:

Under no circumstances shall Smartechpay or its affiliates, including its parents, subsidiaries, officers, directors, employees, or suppliers, be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with the use of or inability to use this Site or any content contained on the Site. This includes, but is not limited to, damages resulting from unauthorized access to or alteration of your transmissions or data, or information that is sent, received, or not sent or received, including but not limited to, loss of profits, use, data, or other intangibles, even if Smartechpay has been advised of the possibility of such damages.

The parties acknowledge that this limitation of liability represents a reasonable allocation of risk. Please note that some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

APPLICABLE LAW:

These Terms of Use shall be governed by and construed in accordance with the laws of India. You agree to submit to the personal and exclusive jurisdiction of the courts located in Navi Mumbai, India.

These terms constitute the entire agreement between you and Smartechpay regarding your use of the Site. If any provision of these terms is found to be invalid or unenforceable, that provision shall be deemed severable, and the remaining provisions will continue to be valid and enforceable.

You agree that any claim arising out of or related to these terms or your use of the Site must be filed within one year of the claim arising, or it will be permanently barred.

ELECTRONIC COMMUNICATIONS:

By visiting Smartechpay or sending emails to us, you are engaging in electronic communications with us. You consent to receive communications from us electronically, including via email or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT:

All content on this site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, hardware, and equipment, is the property of Smartechpay or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Smartechpay, with copyright authorship for this collection belonging to Smartechpay and protected by international copyright laws.

TRADEMARKS:

Smartechpay’s trademarks and trade dress may not be used in connection with any product or service that is not Smartechpay’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Smartechpay. All other trademarks not owned by Smartechpay that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Smartechpay or its subsidiaries.

LICENSE AND SITE ACCESS:

Smartechpay grants you a limited, non-exclusive license to access and use this site for personal, non-commercial purposes only. This license does not extend to:

Resale or commercial use of this site or its contents.

Collection or use of any product listings, descriptions, or prices.

Derivative use of the site or its contents.

Downloading or copying of account information for the benefit of other merchants or customers.

Use of data mining, robots, or similar data-gathering and extraction tools.

You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit any part of this site for commercial purposes without express written consent from Smartechpay. Framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smartechpay or its associates is prohibited without express written consent. The use of meta tags or other “hidden text” utilizing Smartechpay’s trademarks is also not permitted without express written consent. Unauthorized use will terminate the permission or license granted by Smartechpay.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Smartechpay, provided that the link does not portray Smartechpay, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. The use of any Smartechpay logo or other proprietary graphic as part of the link is prohibited without express written permission.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT:

Visitors are welcome to post reviews, comments, and other content, as well as to submit suggestions, ideas, questions, or other information, provided that such content does not violate any laws or regulations, and does not:

Contain illegal, obscene, threatening, defamatory, or invasive material.

Infringe on intellectual property rights or harm third parties.

Include software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or spam.

Mislead or impersonate any person or entity.

Smartechpay reserves the right to review, remove, or edit such content at its discretion but is not obligated to do so regularly. By posting content or submitting material, you grant Smartechpay and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You also grant Smartechpay and its affiliates the right to use your name in connection with the content if desired.

You represent and warrant that you own or control all rights to the content you post, that the content is accurate, and that its use does not violate any policies or laws, nor cause harm to any individual or entity. You agree to indemnify Smartechpay and its affiliates against any claims arising from the content you provide. Smartechpay is not responsible for monitoring or controlling content posted by users and assumes no liability for any such content.

RESPONSIBILITY FOR YOUR SITE:

You are solely responsible for the development, operation, and maintenance of your site, as well as for all materials and content that appear on it. This includes:

Technical Operation: Managing the technical aspects of your site and all related equipment.

Compliance with Third-Party Agreements: Ensuring that the display of Special Links on your site does not breach any agreements or restrictions imposed by third parties, including your site’s hosting provider.

Content Creation and Accuracy: Creating and posting product descriptions and linking them to Smartechpay’s site catalog. You are responsible for the accuracy and appropriateness of all materials posted on your site, including product-related content and any information associated with Special Links.

Intellectual Property and Legal Compliance: Ensuring that your site’s materials do not infringe upon third-party rights, including copyrights, trademarks, and privacy rights, and that they do not contain libelous or illegal content.

Privacy and Data Disclosure: Providing clear and accurate disclosure through your privacy policy on how you collect, use, store, and disclose data from visitors. This includes informing visitors if third parties (including advertisers) may serve content or advertisements and collect information directly from them, including cookies.

Smartechpay disclaims all liability for issues related to these responsibilities. You agree to indemnify and hold Smartechpay harmless from all claims, costs, and expenses (including legal fees) arising from the development, operation, maintenance, and content of your site. Failure to comply with these terms may result in the immediate termination of your association with Smartechpay.

COMPLIANCE WITH LAWS:

As a condition of your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, and decisions of any governmental authority having jurisdiction over you. This obligation includes both current and future laws that may come into effect during your participation. Specifically, you agree to adhere to all relevant laws of India concerning marketing emails and anti-spam regulations.

REFUND POLICY :

In the event of a cancellation, refunds will be processed within 48 hours. For no-show cases, refunds will be processed only after receiving a refund from the airlines, minus any airline cancellation charges and applicable service fees. Refunds will be issued as e-money credits within your account portal and will not be deposited directly into your bank account or refunded to your debit/credit card.

TERM OF THE TERMS AND CONDITIONS:

These Terms and Conditions will commence upon our acceptance of your Program Application and will remain in effect until terminated by either party. Either party may terminate these Terms and Conditions at any time, with or without cause, by providing written notice of termination to the other party.

Upon termination, you must immediately cease all use of, and remove from your site, any links to the SMARTECHPAY Site, as well as all SMARTECHPAY trademarks, trade dress, logos, and any other materials provided to you in connection with the Program. Referral fees will only be earned on sales of Qualifying Products that occur during the term of these Terms and Conditions. Referral fees earned up to the termination date will be payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable period to ensure the correct amount is processed.

Effect of Termination: Following termination, you will no longer be an affiliate and must remove all links to the SMARTECHPAY Site. Failure to remove links or to cease use of SMARTECHPAY trademarks, trade dress, logos, and other proprietary materials will be considered illegal use and infringement of SMARTECHPAY’s trademarks.

Modification: 

We reserve the right to modify any terms and conditions outlined in this agreement at any time, without prior notice, at our sole discretion. Changes will be communicated by posting a revised notice or a new set of Terms and Conditions on the SMARTECHPAY site. These modifications may affect various aspects, such as the scope of available referral fees, referral fee schedules, payment procedures, and Program rules.

If any changes are unacceptable to you, your sole remedy is to terminate your participation in the program. Continued participation after the posting of a change notice or new Terms and Conditions will constitute your acceptance of the modifications.

Both parties are independent contractors, and nothing in this agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You do not have the authority to make or accept any offers or representations on our behalf. You agree not to make any statements, whether on your site or elsewhere, that would contradict this clause.

Limitation of Liability : 

We will not be liable for any indirect, special, or consequential damages, including but not limited to loss of revenue, profits, or data, arising in connection with these Terms and Conditions or the Program, even if we have been advised of the possibility of such damages. Our total liability in connection with these Terms and Conditions and the Program will not exceed the total referral fees paid or payable to you under these Terms and Conditions.

Independent Investigation

You acknowledge that you have read, understood, and agreed to these Terms and Conditions. You understand that we may, at our discretion, solicit customer referrals on terms that may differ from those outlined in these Terms and Conditions, or operate websites similar to or in competition with your site. You have independently assessed the desirability of participating in the Program and are not relying on any representations, guarantees, or statements other than those explicitly stated in these Terms and Conditions.

Terms and Conditions Change:

We may, at our discretion, change these Terms and Conditions, including our Conditions of Use and Privacy Notice, or any aspect of membership, without prior notice. If any change is found to be invalid, void, or unenforceable, such change will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Your continued participation after changes are made will constitute your acceptance of those changes. If you do not agree to any changes, you must cancel your order or services.

Applicable Law:

These Terms of Sale will be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles. These Terms and Conditions are intended solely for your benefit and are not for the benefit of any third party, except for your successors and permitted assigns.

Site Policies, Modification, and Severability:

Please review our other policies, such as our Privacy Policy posted on this site, as they also govern your visit to SMARTECHPAY. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any condition is deemed invalid, void, or for any reason unenforceable, that condition will be severable and will not affect the validity and enforceability of the remaining conditions.

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