Terms & Conditions
End User Agreement
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN YOU (“YOU” or “YOUR”) ARE ORDERING OR ACCESSING THE LISTED SERVICE(S) AND/OR SOFTWARE(S) AND/OR PRODUCT(S) FROM SMR SOLUTIONS PVT. LTD. (“SMR”). SMR SOLUTIONS PVT. LTD. (“SMR”, “we” or “us” or “our(s)”, etc. as the case may be) provides the Service(s) and /or Software(s) and /or Product(s) (defined below) to you, subject to Terms & Conditions (“Terms”) enlisted herein. You can review the latest version of the Terms published on www.pcgurulive.com at any time. These Terms also govern the use and licensing by SMR of its service(s) (the “SERVICE”), related software(s) and any other related product(s) (collectively known as the “PRODUCTS”). In addition, when using particular SMR service(s) or third party service(s), you and SMR shall be subject to such guidelines or rules and/or amendments thereof applicable to such service(s), which may be published from time to time on the website www.pcgurulive.com. All such guidelines or rules, and/or amendments thereof are hereby incorporated by reference into the Terms. Certain guidelines and rules are specific to a particular part(s) of the Service(s) and/or Product(s) rendered/provided by SMR and will assist you in applying the Terms to that part alone, but to the extent of inconsistency, if any, between the Terms and such guide or rule, the Terms will prevail. SMR also may offer other service(s) from time to time that are governed by different Terms of Service(s). These TERMS do not apply to such other service(s) that are governed by different Terms of Service.
By completing the electronic acceptance process, clicking the “submit” buttons, signing, using any of the products or otherwise indicating your offer for acceptance of these terms, you represent and warrant that you: (i) are authorized to sign for and bind yourself and any other party on whose behalf you use the product, service and/or software and (ii) agree for yourself to be bound by all of these terms (including the disclaimer of warranty and limitation of liability sections set forth below) to the exclusion of any other rights and obligations, such as any rights, obligations or other terms listed on a purchaser order etc.; you may provide smr and you agree that any such rights, obligations or other terms listed on such purchase order or the like are hereby null and void.
M/s. SMR Solutions Pvt. Ltd., a Company incorporated under the provisions of Companies Act, 1956 having its registered office at B-56, Flatted Factories Complex, Jhandewalan, New Delhi-110055. The Company is an internet based service provider and has initiated a web-based portal for providing repair and maintenance service(s) of computers (hardware and software); service/repair of related product(s) using the trade name “pcguru” in India as well as outside the territory of India.
SMR is the service mark of the SMR SOLUTIONS PVT. LTD. All reference to the SMR refers to SMR SOLUTIONS PVT. LTD.
YOU mean any individual, any person, including the contracting party and any employer that you are or would be acting on behalf of.
- “SERVICE(S)” AND “SMR PORTAL”
All references to “Service(s)” refer to any SMR service(s) or product(s) which you have enter into with SMR through use of the SMR web portal located at www.pcgurulive.com (the “SMR Portal”) or by calling the SMR phone number mentioned on the web portal. These Terms and Conditions govern all options available through the SMR Portal, and any use of the SMR Portal. In the event of any conflict these Terms and Conditions govern.
The list of service(s) has been detailed below in Clause 1.
Materials” means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the SMR Portal are the proprietary and copyrighted work of SMR and/or its suppliers. The definition of other SMR owned, operated, licensed or controlled site would be as per the specifications mentioned therein.
“Software” means a computer program of any kind, whether owned by SMR or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws. Software includes both SMR Software and Third Party Software.
- “SUBSCRIPTION SERVICE(S)”
“Subscription Service(s)” are time bound Subscription service(s) offered by SMR that are active for a specified period and could also be referred to as product(s) and will not include any other service(s) which have no relevance with the said service(s).
- “SUBSCRIPTION OPTIONS”
Subscription Options are different options that are being offered by SMR, which you may avail with relation to Subscription service(s).
- “SUBSCRIPTION FEES”
A subscription fee is the fee charged depending upon your use of the Subscription service(s).
- “SUBSCRIPTION TERM”
Subscription Term is the period of time, which you have selected for making the payments for availing the subscription services of SMR.
- “BILLING DATE”
Billing Date is a specific date, which may differ for every person or entity. It is the date on which you will be charged for the use of subscription service(s) for a definite subscription Term.
- “PRICING TERMS”
Pricing terms are specific terms defined in the agreement, which clearly defines the terms and conditions related to price of the subscription service(s).
- “SUBSCRIPTION SERVICE(S) ACCOUNT”
An account that will be created in SMR PORTAL once you subscribe to all or any of the Subscription service(s). It will contain information regarding your personal and professional details, Payment details, Billing date, and any other information as deemed fit by SMR.
- “REGISTRATION FORM”
A form filled by you in order to avail the service(s)/ products of SMR specifying limited information to the SMR.
- “LICENSED PROGRAM”
The Software and any other Software downloaded/ used while using the said service(s) of the SMR.
- “LICENSE AGREEMENT”
An agreement specifying the restrictions, terms and conditions related to the use of the software and any other software associated with the software.
A license could refer to a license given by SMR to you in which case the terms and conditions as propounded by SMR will govern such license. Similarly a license could refer to rights that a third party offers to SMR and the same are offered to you, in which case the terms and conditions of SMR and also as propounded by the owners of the product, being the third party would govern in conjunction. Similarly a license could refer to rights that a third party offers to you, however through the website of SMR or through SMR, in which case the terms and conditions of SMR and also as propounded by the owners of the product, being the third party would govern in conjunction..
The terms and conditions of the invitation to offer:
SMR through its Portal would provide to you the following services, such as, Customer care support services through telephonic, email, internet chat, internet remote logging and on-site support. The list of the services is not exhaustive and SMR may in its sole discretion include any other service or delete any existing service. SMR shall in no manner whatsoever be liable for any damages that you may suffer on account of deletion of any service from the existing list of services.
- EXCLUSIONS FROM “SERVICE(S)”
“Service(s)” shall not include the following:
- Any item or activity not covered by the Terms;
- Service beyond the duration limitations identified;
- Problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
- Software, including the operating system and software added to the registered hardware products, which are out of scope for the service(s);
- Problems that may and do result from:
- Usage that is not in accordance with service/product instructions provided by its developer/manufacture;
- Failure to follow the service/product instructions provided by its developer/ manufacturer or failure to perform preventive maintenance;
- Problems caused by using accessories, parts, or components not compatible with the service/product: or
- Non-Compliance with the SMR engineer instructions for resolving the query.
- External causes such as accident, abuse, misuse, or problems with electrical power
- ACCEPTABLE USE POLICY (AUP)
- COMMUNICATIONS SERVICE(S)
SMR may provide you with the use of e-mail service(s), addresses, bulletin board service(s), instant messaging service(s), chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with SMR’s employees and others as deemed appropriate to your Service (each a “Communication Service” and collectively “Communication Service(s)”) by SMR.
- AUTHORIZATION TO USE YOUR COMPUTER; MONITORING OF THE SERVICE(S)
You acknowledge that by your agreeing/accepting to use the service(s) you are authorizing SMR to access and control your computer for the purposes of computer diagnosis, service and repair. In connection with delivering the service(s), SMR may download and use software, gather system data, take remote control of your computer and access or modify your computer settings. By accepting these Terms, you hereby grant SMR the right to connect to your computer download and use software on your computer to gather system data, repair your computer, take remote control of your computer and change the settings on your computer while performing the service(s). Other than as set forth in the warranty section below, you agree that SMR has no responsibility or liability under any circumstance at any time for any loss or harm that may arise from or may be related to the service(s). While accessing or modifying your computer settings as per the requirements of the subscription services/product, SMR shall not be burdened with any liability whatsoever that may arise on account of loss, if any, of the data stored in such computers. SMR may, but have no obligation to, monitor and record the service(s), including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to SMR to monitor and record the service(s) and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request or for any internal purposes; to provide the service(s) to you and SMR users; to protect SMR and/or SMR users; and to enhance the types of service(s) we may provide to you in the future. You also grant SMR permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the service(s), for training, for marketing and promotional purposes, and for other business purposes. We may, but have no obligation to, monitor and/or to review all materials posted to the site or through the site's service(s) or features by third parties, and we are not responsible for any such materials posted by third parties. We are not responsible for any failure to monitor, review and/or delete any materials posted to the site or through the site's service(s) or features by third parties. However, we reserve the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation or government request or for any internal purposes; and to edit, to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are in violation of these terms or applicable law or for any internal purposes. SMR may also impose limits on certain features of the site or restrict your access to part or all of the site without notice or penalty if SMR believe you are in breach of the guidelines set forth in our terms or in violation of applicable law or for any internal purposes, without notice or liability.
- SUBSCRIPTION SERVICE(S)
As per the terms of this Subscription Term, SMR grants to you a license to use functionality of the Service(s) according to the subscription option to which you subscribe “Subscription Service(s)”.
- a) Fees and Renewals
- SIX Months Subscription by Credit Card Only: In the event that Your subscription to the Service is on a six monthly basis, payment of the subscription fee will be by PREAUTHORIZED CREDIT CARD CHARGE, HDFC CHARGE OR DIRECT DEBIT, and Your subscription will automatically renew each calendar six month unless You or SMR give written (also by email) notice of non-renewal prior to the last calendar month of the subscribed period. Upon renewal the payment arrangements in place for the prior subscription period shall remain in place and SMR would be entitled to automatically receive payment for the renewed period, unless You and SMR agree otherwise by way of written communications.
- Annual Subscription by Credit Card: In the event that Your subscription to the Service is on a yearly basis, payment of the subscription fee will be by PREAUTHORIZED CREDIT CARD CHARGE, HDFC CHARGE OR DIRECT DEBIT, and Your subscription will automatically renew on lapse of 12 months unless You or SMR give written (also by email) notice of non-renewal prior to the last calendar month of the subscribed period. Upon annual renewal the payment arrangements in place for the prior subscription year shall remain in place and SMR would be entitled to automatically receive payment for the renewed period, unless You and SMR agree otherwise by way of written communications.
- Six months/ Annual Subscription By Coupon: In the event that Your subscription to the Service is for a period of six month or for one year and the payment is made by ‘Coupon’ purchased from SMR, the same would expire on its term. For renewal the payment would become due thirty (30) days' prior to the date of expiry of period of such coupon. Additionally, Your subscription will not renew at the beginning of each subsequent period unless You provide the details of new subscription purchased by you; at least thirty (30) days prior to the expiration of the current subscription.
- No Cancellation: Notwithstanding any provision of these Terms or any communication between the parties hereto, You cannot cancel, terminate or rescind a subscription during its tenure. All payments made by You to SMR are final and you cannot claim any amount on cancellation of your subscription on account of any reason whatsoever. This is agreed by you in entirety.
- Renewal: Renewal of any service for any period as provided to you would be at the sole discretion of SMR, without assignment of any reason, and such decision of SMR shall be final and binding upon you. In case you do not renew within the period of your subscription of your prior subscription as indicated hereinabove, your subscription would be terminated. In case you want to re-subscribe SMR may or may not offer you the same account.
- Credit Card Authorization Change: In the event that You cancel the credit card provided to SMR or the card is otherwise terminated, You must immediately provide SMR with a new valid credit card number. You authorize SMR, from time to time, to undertake steps to determine whether the credit card number provided to SMR is a valid credit card number. In the event that You do not provide SMR with a current valid credit card number with sufficient credit upon request during the effective period of these Terms, You will be in violation of these Terms and SMR reserves its rights to pursue any remedy/remedies that SMR might deem fit. In the event you have authorized SMR to charge on the credit card, SMR reserves the right to automatically update Your credit card information using software designed for updating purposes and You hereby authorize and approve any such updating.
- Payment Due: Unless specifically provided otherwise herein, payment of all fees is due and payable to SMR without demand or notice before the commencement of the period to which those fees apply.
- Taxes: You agree to be responsible for and to pay any sales, personal property, use, VAT, excise, service tax or any other taxes that may be imposed, based on this license, for use or possession of a Product, or any other product or service provided under this Agreement, excluding taxes based on net income payable by SMR.
- Trial Offers, Coupons, Credits and Special Offers: SMR reserves the right to discontinue or modify any coupons, credits and special promotional offers at its discretion.
- Information Purge: If You fail to make required payments regarding your account or you are in any other way in breach of these Terms or these Terms are terminated or expire, SMR may, at its discretion, purge Your data from its systems, including but not limited to, account information, users, settings, and any data (files, etc.) that may be stored by SMR for future reference.
- b) Pricing Terms
The present terms are to be read in conjunction with the terms detailed in Para 7) a) supra.
- Subscription Fees
Use of the Subscription Service(s) is subject to your payment of fees (the “Subscription Fees”), which may vary according to the subscription option to which you have subscribed and/or the period of time for which you have elected to pay for availing the Subscription Service(s) (for the “Subscription Term”). For purposes of clarification, certain basic functionality of the Service(s) is offered by SMR free of charge as per the terms of the Agreement.
SMR will collect the Subscription Fees for the Subscription Service(s) in advance of each Subscription Term in the manner decided by SMR. You are responsible for paying all taxes levied in connection with your use of the Subscription Service(s). For additional information on payment and taxes, please visit our web portal.
- Automatic Renewal of Subscriptions
Subject to the Terms stated hereinabove, in case you opt for automatic renewal, your subscription to the Subscription Service(s) will automatically renew at the end of each Subscription Term. Once the subscription service(s) is renewed, SMR will be entitled to automatically charge your credit card for the subscription fee(s) for the next Subscription Term (“Billing Date”). You can find your Billing Date in the “…………………” area of the SMR PORTAL. You may terminate the auto-renewal of your subscription at any time before your next Billing Date by visiting the ……………. area of the SMR PORTAL. You will have access to the Subscription Service(s) until the end of your then-current Subscription Term.
- Non-refundable Fees
All Subscription Fees paid by you for availing the Subscription Service(s) are nonrefundable.
- Payment by Credit Cards
As a condition precedent to your right to use the Subscription Service(s), you must provide SMR with your valid credit card number with available funds sufficient to pay the applicable Subscription Fees that is acceptable to SMR, in its sole discretion. Such credit card must be associated with a valid Indian address. SMR may seek validation of your credit card account prior to your first purchase. In the event that you cancel this credit card or it is otherwise terminated, you must provide SMR with a new valid credit card prior to the initiation of last month of next Billing Date in order to avoid interruption in your access to the Subscription Service(s). SMR may elect not to renew your subscription until a current valid credit card with sufficient funds is provided.
SMR has no responsibility and/or connection to the credit card company or bank through which you are making payments of the subscription fee(s). Further SMR has no responsibility towards any fee and/or the conditions imposed on you by such credit card company and/or bank for making payments to us on your behalf.
- Changes in Price and/or Pricing Terms
SMR may at any time, without any prior notice, (a) change the price of subscriptions for the Subscription Service(s) or any part thereof, (b) institute new charges or fees, or (c) change these Pricing Terms. Price and Pricing Terms changes and institution of new charges implemented during your subscription term will apply to subsequent Subscription Terms and to all new subscribers after the effective date of the change. If you do not agree to any such changes, then you must terminate your subscription to the Subscription Service(s) and stop using the Subscription Service(s). Your continued use of the Subscription Service(s) after the effective date of any such change shall constitute your acceptance of such change and you shall be liable to make payments in terms thereof.
- Collection of Subscription Fees
You agree that in the event SMR is unable to collect the Subscription Fees due to SMR from you towards the Subscription Service(s), SMR may take any step it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by SMR in connection with such collection activity.
- Termination of Subscription Service(s)
- Termination by You
You may stop using the Subscription Service(s) at any time. To terminate your Subscription Service(s) account, you may terminate the auto-renewal of your subscription, as set forth in clause (Automatic Renewal of Subscriptions) of these Subscription Terms. Subscription Terms shall automatically expire upon such termination. You will not be entitled to a full or partial refund of the Subscription Fees paid by you for a Subscription Term if you terminate your subscription.
- Termination by SMR
In addition to these rights, SMR may at any time, under any circumstances as deemed fit and proper to SMR and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Subscription Service(s) and these Subscription Terms upon your failure to pay Subscription Fees owed by you or for any other reason that would be deemed appropriate to SMR. Any termination or suspension shall be made by SMR in its sole discretion, without any refund to you of any prepaid Subscription Fees or amounts, and SMR will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Subscription Service(s).
In Addition to this termination clause, a separate clause (“Termination”) has been added in this Terms which shall be the read as part of this clause.
- Termination by You
- Account Reinstatement
Except in the event of certain material breaches by you of the Agreement, as determined by SMR in its sole discretion, you may re-subscribe to the Subscription Service(s) at any time following the termination of your Subscription Service(s) account.i>
- Subscription Fees
- TERMS OF SERVICE
To use the Products, You and/or may be required to complete and submit a Registration Form. As part of this registration process, You agree to: (i) provide information about Yourself as prompted to do so during the initial registration process or thereafter by the Product registration, etc. (You state and undertake that such information is current, complete and accurate) and (ii) You shall maintain and update this information as required to keep it current, complete and accurate. You may not register for any Service if You are under 18 years of age. By registering, You represent to SMR that You are 18 years of age or older. If SMR discovers that any of Your Registration Data is inaccurate, incomplete or not current, or if SMR determines, in its sole discretion, that You are not an appropriate subscriber or user of the Products, SMR may terminate all rights to access, receive, use and license the Products, Service and Software immediately without notice.
- Passwords and Security
As part of the registration process described above for each Service, You must use a user name, which is not conflicting with those of others and choose a password for access to Your account and to Your designated computers (You should choose a password for the Service that is different from the username and password to Your computer). In the event of successful registration, our portal would generate a Unique Customer Identification Alpha Numeric Number. You agree to carefully safeguard all of Your passwords and your Unique Customer Identification Alpha Numeric Number for transacting with us. You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to notify SMR immediately of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service are restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.
SMR is not liable for any loss incurred by You, resulting from another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You may be held liable for losses incurred by SMR or another party due to another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. You shall not access or use someone else's account at any time, with or without the permission of the said account holder.
SMR does not send emails asking for a user's username and password or its Windows username and password or any other username or password. To keep the Products secure, You should keep all usernames and passwords confidential.
- Account Termination
If you would like to close your Account and/or remove content which you have submitted, you should contact the Site at ………………... In addition, a user's request for termination will result in deletion of his or her Account and all related content.
SMR may terminate your Account at its absolute discretion and for any reason. SMR is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of the Terms; (2) abuse of Site resources or attempt to gain unauthorized entry to the Site or Site resources; (3) use of this or any SMR site or service in a manner inconsistent with its purpose; (4) a user's request for such termination; (5) posting of inappropriate or obscene materials (6) violation of copyright, publicity rights or other laws, or (7) any violation as required by law, regulation, court or governing agency order.
Additionally, SMR may in its sole discretion immediately terminate these Terms and this subscription, license and right to use any Product if (i) you declare bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent, (ii) You breach these Terms; (iii) SMR is unable to verify or authenticate any information You provide to SMR; (iv) such information is or becomes inaccurate; or (v) SMR decides, in its sole discretion, to discontinue offering the Product.
SMR's termination of your access to any or the entire Site may be effected without notice and, on such termination, SMR may immediately deactivate or delete your Account and/or bar any further access. SMR shall not be liable to you or any user or other third party for any termination of a Registration or Account. In addition to this, a specified clause Termination in this agreement shall also govern the said agreement in relation to terms of service. SMR shall not be liable to You or any third party for termination of the Service or use of the Products. Upon expiration or termination for any reason, You are no longer authorized to use the Products. When these Terms are terminated and/or the subscription is canceled, You will no longer have access to data and other material You have stored in connection with any Service and that material may be deleted by SMR. All disclaimers, limitations of warranties and damages, and confidential commitments set forth in these Terms or otherwise existing at law survive any termination, expiration or rescission of these Terms.
This clause should be read as part and parcel of the clause (“Termination”) added in this agreement.
Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between SMR SOLUTIONS PVT. LTD. and you or any other person or entity nor do these Terms extend rights to any third party. SMR does not and cannot control the actions of Site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities.
- User Generated Content
User Content: The SMR PORTAL may host or facilitate User Activities or Service(s) for the purpose of allowing users to share content, ideas and materials publicly (the “User Content”). Use of these service(s) and activities is limited to registered Account holders in compliance with these Terms.
Ownership of User Content: SMR does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Site, including, but not limited to, data, text, sound, images, videos, diagrams, audio, information, graphs, or descriptions on the Site. Unless otherwise agreed to in writing, there is no compensation for User Content. SMR is under no obligation to post or use any User Content submitted and SMR may remove any User Content at any time in its sole discretion.
License to Use User Content: By posting, uploading, inputting, providing or submitting User Content you grant SMR, its affiliated companies, sub-licensees and Site users, a perpetual, irrevocable and fully sub-licensable license, a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, format, publish, syndicate, publicly perform and publicly display the User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes.
Responsibility for User Content: All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not SMR, are entirely responsible for any and all content that you upload, post, share, or otherwise display via the Site.
Warrant and Representations on User Content: By posting or submitting User Content you warrant and represent that you own or otherwise control any and all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input or submit the User Content to the extent that the User Content submitted contains copyrighted content you warrant and represent that (a) you are the copyright owner of such content, or that the copyright owner has granted you permission to use such content consistent with the manner and purpose of your use, (b) you have the rights necessary to grant the licenses and sub-licenses described in these Terms, and (c) that each person depicted in such content, if any, has provided consent to the use of the content as set forth in these Terms. SMR reserves the right to request a proof of ownership or permission, and to refuse to post User Content without such proof or if such proof is not, at its sole discretion, sufficient.
- User Responsibility
In connection with obtaining Service(s), you agree that you will: Cooperate with the SMR Engineer: We will use commercially reasonable efforts to provide the support to you. Our experience shows that most issues can be corrected as a result of close cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer's instructions. You must confirm that the following conditions are true:
- The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
- You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
- The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with SMR support personnel.
- You, while making the present offer, assure SMR that you are a legal license holder of the software on your machine. You further assure SMR that you are the owner of all and/or any hardware and/or network devices you request www.pcgurulive.com to assist you with in association with the service.
- Service availability
The service(s) may not always be available in your time zone or geographic location. The service(s) may not always be available due to system maintenance or internet service disruptions. In order to obtain subscription service(s), you must at all times have current and functional antivirus software in place and running on your computer. Failure to maintain such software may result in additional charges and fees. In order to purchase subscription service(s), your covered computer(s) must be virus free (as determined by SMR) at the time that you purchase the subscription service. If we determine that your computer is infected by a virus, we may require that you purchase a service to clean your computer prior to obtaining subscription service(s).
In relation to any User Content you agree that you will not: i) transmit content or otherwise conduct or participate in any activities on the Site that is prohibited by law in any applicable jurisdiction, including but not limited to laws governing the encryption of software, the export of technology, the transmission of obscenity, copyright law, or the permissible uses of intellectual property;
- upload, or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including, by way of example, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to submit such materials to the site;
- Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
- upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- use the Site to “stalk” or otherwise harass or harm any person; or impersonate any person or entity, including, but not limited to, an SMR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use the website in any manner that could damage, disable, overburden, or impair any SMR server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the website or interfere with any other party's use and enjoyment of the website;
- attempt to gain unauthorized access to any website, other Accounts, computer systems or networks connected to any SMR server or Site, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the website;
- sell, resell, or offer for any commercial purposes, any portion of website, use of website, or access to the website;
- upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage or interfere with the operation of another's computer or property of another;
- forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any materials transmitted to or from the website, or delete or alter any attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other uploaded material; and/or
- collect information about others, including e-mail addresses or other personal information;
- Website Moderation
You acknowledge that SMR may or may not moderate or pre-screen User Content submitted. SMR and its designees retain the right, at SMR's sole discretion, to pre-screen, refuse, monitor, restrict access to, edit, or remove any User Content from the website. Without limiting the foregoing, SMR reserves the right to refuse or delete any User Content from the website of which it becomes aware and at its sole discretion deems infringing, inappropriate or not to fulfill the spirit or purpose of the website. In addition, SMR shall have the right (but not the obligation) in its sole discretion to refuse or delete any User Content from the website that it reasonably considers to violate the Terms or to be otherwise illegal. SMR, in its sole and absolute discretion, may preserve User Content and may also disclose User Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by SMR to protect the rights, property, or personal safety of website, its users and the public. SMR does not control the User Content posted to the website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SMR be liable in any way for any User Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the website.
- Idea Appropriation
By submitting User Content, you agree your disclosure is gratuitous, unsolicited and without restriction and will not place SMR under any fiduciary or other obligation and that SMR is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation. You acknowledge that, by acceptance of your submission, SMR does not waive any rights to use similar or related ideas previously known to SMR, or developed by its employees, or obtained from sources other than you.
- Maintenance and Updates
You understand that SMR may update the Products at any time, but is under no obligation to inform You of or furnish to You any such updates. These Terms do not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Products or supporting documentation. To the extent that SMR supplies any updates to You, such updates will be deemed to be subject to the terms of these Terms unless SMR indicates otherwise. SMR reserves the right to charge fees for any future versions of, or updates to, the Products.
All comments, feedback, information (other than your personally identifiable information or billing information) or materials submitted to SMR (“submissions”) shall be considered non-confidential and SMR's property. By providing such submissions to SMR, you agree to assign to SMR, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the submissions. SMR shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. As part of any subscription service(s) purchased by you, you acknowledge and agree that SMR may retain some of your personally identifiable information or billing information for purposes of record retention and for purposes of billing any renewals of the subscription service(s), which shall not be subject to the foregoing assignment provision. You acknowledge that you are responsible for the submissions that you provide, and that you have full responsibility for the submissions, including their legality, reliability, appropriateness, originality and copyright. You represent, warrant and agree that you shall not upload, post, transmit, distribute or otherwise publish through the site, or through any service or through feature made available on or through the site, any materials, which are or which do, or could reasonably be construed to be or do any of the following:
- Restrict or inhibit anyone from using and enjoying the site or the site's service(s);
- Are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or that threatens or invites violence, or that is derogatory of others on the basis of gender, race, ethnicity, national origin, religion, sexual preference or disability;
- Constitute or encourage conduct that would constitute a criminal offense, give rise to potential civil liability or otherwise violate any local, state, national or international law;
- Violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right;
- Contain a virus, spyware, or other harmful component;
- Contain embedded links, advertising, chain letters or pyramid schemes of any kind;
- Constitute or contain false or misleading indications of origin, endorsement or statements of fact; or
- Contain sensitive, proprietary or confidential information about yourself or others. Except as may be expressly permitted in connection with one of the site's service(s). You also may not offer to buy or sell any product or service on or through your submissions. We will not accept responsibility for any information included in any submissions created or posted by third parties. You alone are responsible for the content and consequences of any and all of your activities and you submit submissions at your own risk. By submitting or sending submissions to us, you: (i) represent and warrant that the submissions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us in any way, (ii) represent and warrant that the submissions are original to you, that no other party has any rights thereto, and that any “moral rights” in submissions have been waived, and (iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, including for promotional and/or commercial purpose, and to authorize others to do so. We cannot be responsible for maintaining any submissions that you provide to us, nor are we responsible for any information included in any submissions (for example, without limitation, a blog post or any comments to blog(s) created or posted by users), and we may delete or destroy any such submissions at any time.
- EXCLUSIVE USE OF MATERIAL
Unless otherwise specified or as provided in these Terms, you shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or service(s) obtained from the Materials available on this website, as the same is sole and absolute property of SMR or any party which is allowed by SMR to publish its contents on the website of SMR.
- NO UNLAWFUL USE
- use the Web Sites, Materials, Service(s) or activities to “stalk” or otherwise harass or harm another;
- impersonate any person or entity, including, but not limited to, an SMR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
- upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any SMR server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;
- you may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any SMR server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian government as a foreign terrorist organization.
- Export Law Assurances: The Products are subject to the export guidelines/rules/notifications and/or the amendments thereof issued by the Government of India. No Software or Service may be downloaded, used or exported (i) into (or to a national or resident of) of any other country to which the India has embargoed goods/services; or
- any person or entity prohibited from receiving Indian exports. By subscribing to the Service or using any of the Software, You represent and warrant that you and it are not- and are not controlled by - any such person or entity and are not controlled by a national or resident of any such country.
You are solely responsible for the content of Your computer(s) and Your SMR account and any transmissions when using the Products. SMR does, however, reserve the right to take any action with respect to the same that SMR in its sole discretion deems necessary or appropriate. The use of the Products by You is subject to the end user license terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). The Contracting Party agrees it is responsible for all actions and inactions of its employees and consultants and will use commercially reasonable efforts to monitor its employees and consultants.
SMR reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time in accordance with the procedures set forth below in the section labeled “Modifications”. SMR may amend these Terms at any time by (i) posting a revised Terms document on or accessible through www.pcgurulive.com and/or may also inform by (ii) sending information regarding the Terms amendment to the email address You may be required to provide to SMR. You are responsible for regularly reviewing the www.pcgurulive.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continues to use any of the Products after such amended terms have been posted or sent to You. If You do not agree with any such amended terms You shall notify SMR during the 30 day period of such amended terms having been posted and at the end of such 30 day period these Terms shall be deemed terminated unless SMR agrees to waive such amended terms to which You object. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, SMR reserves the right to modify or discontinue any Product for any reason or no reason with or without notice to You. SMR shall not be liable to You or any third party should SMR exercise its right to revise these Terms or modify or discontinue a Product.
- END USER LICENSE AGREEMENT
These end user license terms grant a right and license allowing You to use the Software and other software associated with the Service (together, the “Licensed Programs”) under the License Agreement. You are consenting to be bound by this License Agreement by your use of the Products.
The Licensed Programs are made available for download solely for use by You and only according to this License Agreement. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with this License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. SMR is not transferring title to the Licensed Programs to You. This license may not be transferred by You to any third party and is non-exclusive. The Licensed Programs are made available for download solely for use by You and only according to this License Agreement. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with this License Agreement is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. SMR is not transferring title to the Licensed Programs to You. This license may not be transferred by You to any third party and is non-exclusive.
You acknowledge that the Licensed Programs are proprietary to SMR or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You agree that You are only permitted to use the Licensed Programs as expressly authorized by SMR and this License Agreement. You may not remove any proprietary notices or labels from the Licensed Programs. You may copy the Licensed Programs for archival purposes only, provided any copy must contain all original proprietary notices. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You may not reproduce (except for archival purposes), distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by SMR. Further, You may not rent, lease, grant a security interest in or otherwise transfer rights to the Licensed Programs. All rights not expressly granted in this License Agreement are reserved to SMR and its suppliers. All content on web sites and computer programs associated with the service is protected by copyright and other intellectual property laws. Except as specifically permitted herein, no portion of the information or content on such sites may be reproduced in any form, or by any means, without prior written permission from smr. You and any other visitor or user are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on such sites for any public or commercial purpose.
- SOFTWARE/DATA BACKUP
SMR strongly recommends that you at all times maintain a complete software/data backup and disaster recovery plan. Before surrendering your computer to SMR for any service you shall create a complete software/data backup and SMR shall have no liability of recovering the said software/data or creating any backup of your software/data, in the unlikely eventuality of your not having created a back up of your software/data. You understand and agree that SMR shall under no circumstance be responsible for any lost or corrupted software or data during the period of present subscription and even after termination of present subscription.
- DISCLAIMER OF WARRANTIES
Although SMR has attempted to provide accurate information with regard to the Products, SMR assumes no responsibility for the accuracy or inaccuracy of any information provided. SMR may change the Products or their related information at any point of time without notice to you or any party. Mention of non-SMR products or service(s) is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Products is at the Your sole risk.
All information, documentation and products provided by smr are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or arising from a course of dealing, usage, or trade practice. To the maximum extent permitted by law, smr expressly disclaims any and all warranties, conditions, representations, and guarantees with respect to the products, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise. Smr makes no warranty that the products will meet your requirements or that the product will be uninterrupted, timely or error free, nor does smr make any warranty as to the results that may be obtained from the use of the products or the accuracy of any other information obtained through the products. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the products is done at your own risk and that you will be solely responsible for any damage to any computer system or loss of data that results from the download of such material and/or data. No representation or other affirmation of fact, including, without limitation, statements regarding capacity, suitability for use or performance of the products, whether made by employees of smr or otherwise, which is not contained in this agreement, shall be deemed to be a warranty by smr for any purpose, or give rise to any liability of smr whatsoever.
You represent that you are a legal license holder of the software on your machine. You further represent that you are the owner of any hardware or network devices you request www.pcgurulive.com to assist you with in association with the service.
- TRADEMARK INFORMATION
SMR, PCGURU, PCGURU live, service names, logos, designs, titles, words or phrases are protected under law as the trademarks, service mark or trade names of SMR SOLUTION PVT. LTD. Such trademarks, service marks and trade names may be registered in India and/or internationally. Nothing on the site should be construed to grant any license or right to use any SMR marks without the written consensual agreement of SMR. All other trademarks, product names, trade names, and logos used within the pages of the websites of SMR are the property of SMR or their respective holders, as decided by SMR. Use of other company trademarks, trade names, product names and logos or images of the same does not necessarily constitute: (1) an endorsement by such company of SMR and its products, or (2) an endorsement of the company or its products by SMR.
- Limitation of damages and liability
you agree that the consideration which smr is receiving hereunder does not include consideration for assumption by smr of the risk of your incidental, consequential or other indirect damages. Smr and its suppliers shall not be liable for any special, consequential, incidental or other indirect damages including, without limitation, lost profits or revenues, costs of replacement product or service, loss or damage to information or data arising out of the use or inability to use the services or products. Under no circumstances, including but not limited to negligence, shall smr be liable for damages resulting from use of the products, or reliance on the information presented in connection with the products, even if smr or its suppliers have been advised of the possibility of such damages. You agree not to assert any such claim against smr or its subsidiaries or affiliates or their respective officers, directors, or employees.
- FORWARD LOOKING STATEMENTS
Some of the information on this SMR PORTAL may contain projections or other forward-looking statements regarding future events or the future financial performance of SMR. Words such as “expects,” “goals,” “plans,” “believes,” “continues,” “may,” and variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially. The risk factors could cause the actual results to differ materially from those contained in our forward-looking statements, including, among others, variable product demand; product introductions by the SMR competitors; pricing pressures; and manufacturing issues, including product defects, errata, lower than anticipated manufacturing yields, and supply of components.
- CONTENT RELATED NOTICES
Ownership: You acknowledge and agree that SMR owns all legal rights, title and interest in and to the Materials and Web Sites, including any SMR trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They shall not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without SMR's prior written permission. Except as expressly provided herein, SMR does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. Title, ownership rights and intellectual property rights in the Products shall remain with SMR or its suppliers, as applicable. Copyright and other Intellectual property laws protect the Products and by international treaties and even if they do not, you undertake never to stake any claim or right on the same. The license(s) granted under these Terms gives You no rights to such content. “SMR,” associated logos, and other names, logos, icons and marks identifying SMR's products and service(s) are trademarks or service marks of SMR (collectively the “Trademarks”) and may not be used without the prior written permission of SMR. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of SMR or such third party that may own the trademarks. Use by You and the Contracting Party of the Trademarks except as provided in these Terms is strictly prohibited.
- THIRD PARTY CONTENT
SMR PORTAL and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by SMR and is provided solely as a convenience to our customers and users. Under no circumstances will SMR be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Web Sites or Material are subject to these Terms
- DEFECTS AND ERRATA
The service(s) or software(s) described in the Web Site or Materials may contain design defects or errors known as errata which may cause the product or service to deviate from published specifications. Current characterized errata are available on request. Contact SMR office or apply online to obtain the latest specifications and before placing your product order.
- BENCHMARKS AND PERFORMANCE CLAIMS
Any performance tests and ratings provided in the Web Site are measured using specific computer systems and/or components and reflect the approximate performance of SMR products and service(s) as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance. Customers should consult other sources of information to evaluate the performance of systems or components they are considering purchasing.
- Non-SMR Benchmarks
SMR does not control or audit the design or implementation of third party benchmarks or Web sites referenced in the Materials or on the Web Sites. SMR encourages all of its customers to visit the referenced Web sites or others where similar performance benchmarks are reported and confirm whether the referenced benchmarks are accurate and reflect performance of systems available for purchase.
- SMR MATERIALS
Permission to use SMR owned white papers, press releases, datasheets, specification documents, FAQs etc. (“Documents”) from the Web Sites is granted, provided that (1) the copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Service(s) is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Links to Other Materials or Sites
The linked sites are not under the control of SMR and SMR is not responsible for the content of any linked site or any link contained in a linked site. SMR reserves the right to terminate any link or linking program at any time. SMR does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
- Proprietary rights
SMR respects the proprietary rights of software and hardware manufacturers and will not install or support unlicensed materials. The service(s), and the software and content provided with the service(s), are protected by law including copyright, trademark, service mark, patent or other proprietary rights and laws. Smrsolution.com is the copyright owner or licensee of the service(s), software, and content, unless otherwise indicated. If you make use of the service(s), software or content, other than as expressly provided herein, you may violate copyright and other laws of India, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material, patents or any other intellectual property by including them with the service(s).
- High Risk Activities
The Products are not fault-tolerant and are not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Products could lead directly to death, personal injury or severe physical or environmental damage (“High Risk Activities”). Accordingly, SMR and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
You shall maintain the confidentiality of information that has been, and will continue to be, provided to You by SMR in connection with the use of the service(s)/Product(s). You and the Contracting Party specifically agree as follows:
You shall (a) maintain in confidence all such information, including but not limited to the Software and Products, (b) not disclose any such information to anyone except Your own and responsible employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by the terms of these confidentiality terms, in addition to your own responsibility), and (c) not use SMR's confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of SMR. You shall have no right, title, or interest in or to the confidential information.
- Confidential Information.
Information considered confidential by SMR includes, without limitation, information of SMR relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or service(s) planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by SMR to the public or other information You should reasonably believe to be confidential given the circumstances, (e) information concerning Your use of the Products, and (f) the Products.
The obligations imposed by these confidentiality terms shall not apply to any information that (a) is proven by You to have been rightfully received from a third party without accompanying use or disclosure restrictions; or (b) is or becomes generally publicly available through no wrongful act of Yours or any other person or entity with a confidentiality obligation; or (c) is already known to You prior to the date of disclosure as evidenced by documentation bearing a date prior to the date of disclosure; or (d) is approved for release in writing by an authorized representative of SMR; or (e) is required to be disclosed pursuant to court order, duly authorized subpoena, or governmental authority (subject to a precondition that You shall immediately on initiation of any such action, give SMR written notice and an opportunity to contest such required disclosure).
In terms of the arbitration agreement incorporated hereunder, the parties agree that the remedy at law for any breach or any dispute of any of the covenants and agreements set forth in these confidentiality terms may be inadequate and that, in the event of any such breach or threatened breach or dispute , SMR shall, in addition to all other remedies which may be available to it at law, be entitled to equitable relief in the form of preliminary and permanent injunctions without the necessity of proving damages. You and the Contracting Party further agree that the terms of these confidentiality terms shall in no way restrict or limit any other remedies SMR may have against You and the Contracting Party. SMR shall be entitled to recover the costs including reasonable attorney's fees, to enforce its rights under these confidentiality terms.
- Return of Confidential Information.
Upon the written request of SMR, You shall return, or certify, with proof, that you have destroyed, all information disclosed under these confidentiality terms and any memorandum, diagrams, or any other documents containing any information disclosed under these confidentiality terms.
In the event any one or more of the provisions of these confidentiality terms shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.
This Confidentiality Agreement shall control in lieu of and notwithstanding any proprietary or restrictive legends or statements inconsistent with these confidentiality terms that may be associated with any particular information disclosed hereunder.
- Surviving Obligations.
The confidentiality obligations under these Terms shall survive any termination, expirations, or rescission of these Terms, as well as continue beyond any time in which You were using the Service.
- Force Majeure
SMR shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by (i) failures of Software or other computer programming, (ii) natural weather events, or (iii) any other causes beyond that SMR's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under these Terms, provided that in any such event, as a condition to the claim of non-liability, you experiencing the difficulty shall give prompt written notice, with full details following the occurrence of the cause relied upon.
- These Terms represents the complete agreement concerning the subject matter of the Terms and license granted hereunder and, except as set forth herein, may be amended only by a written agreement executed with the consent of both parties. You understand and agree that the periodical reviews/amendments to these Terms are binding upon You.
- These Terms shall be governed by and construed in accordance with the laws of the Republic of India, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state Delhi in India, and You hereby consent and submit to the personal jurisdiction of such courts in Delhi, India for the purposes of litigating any such action, to the express and agreed exclusion of any other court’s jurisdiction in which part of cause of action may have arisen. The parties specifically disclaim applicability of any other laws of any other country or state.
- If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- SMR shall have the right to publish the identification of You as user of the Service. You agree that SMR may use any logo and/or name associated with You on its web site and other marketing materials in order to identify You as its customers.
- Notices by SMR to You may be sent to the email address provide on the Registration Form by you or otherwise by any means that SMR determines in its sole discretion as likely to come to Your attention. All notices by You sent to SMR in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of SMR set forth herein.
- You agree not to bring or participate in any class action lawsuit against SMR or any of its employees or affiliates. You agree that you will not bring a claim under these Terms after more than two years after the expiration of these Terms. The failure of SMR to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by SMR of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of these Terms. No remedy made available to SMR by any of the provisions of these Terms is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.
- You and the Contracting Party acknowledge and agree that SMR may provide service(s) to third parties, including competitors of You and the Contracting Party, which are the same or similar to the service(s) provided to You and the Contracting Party hereunder.
You and the contracting party and the SMR agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted to arbitration in India and in accordance with the Indian Arbitration and Conciliation Act 1996 with any amendment in the same. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the SMR. The venue of any such Arbitration would be New Delhi at any place chosen by SMR. You undertake that you would not challenge the jurisdiction of the Arbitrator. Further both the parties also undertake that any interim order passed by the Arbitrator would be completely binding upon them and that the party violating or not adhering to any interim order of the Arbitrator shall be liable to pay the other party damages as decided by the Arbitrator. The final written decision/award of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. The fee of the Arbitrator would be shared equally by both the parties present before the Arbitrator. Notwithstanding the foregoing, this clause shall not preclude either party from seeking enforcement of temporary, provisional, or injunctive relief, as granted by the Arbitrator, from courts in New Delhi.
- Contacting Us
If there are any questions regarding this TERMS AND CONDITIONS you may contact us
- Refund and Cancellation
"We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"