The Terms and Conditions of use set forth herein apply to the website titled “www.smartcontrols.in” which is owned, operated and controlled by Smart Controls India and is covered and protected by all laws including but not limited to copyright and trademark laws of India. This page states the Terms and Conditions under which you (visitor) may visit this website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. Smart Controls India, any of its business divisions and/or its subsidiaries, associate companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because these Terms & Conditions are binding on all users of this website. In using this website, you are deemed to have read and agreed to the following terms and conditions. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: ‘Client’, ‘You’ and ‘Your’ refers to you, the person accessing this website.
You accept that Smart Controls India shall be corresponding with you in an electronic mode and for which you have already consented by accessing this site. Communication from Smart Controls India shall be by means of an e-mail or by posting any notices on this site. Communications received by Smart Controls India in mode other than electronic does not warrant any strict correspondence in reply on behalf of Smart Controls India. Visitors are allowed to post any material, reviews, comments, suggestions or any other content on this site as long as the same does not infringe or threatens to infringe any intellectual property rights of any other person or entity, contains viruses or trojans or worms or likewise which hampers the functioning of the site, is libellous or obscene or defamatory or religiously inflammable, or contains political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’ or in any way hampers the reputation of this site and Smart Controls India. You agree and accept that all the content posted on the site by you shall be the sole propriety of Smart Controls India and Smart Controls India reserves the right to amend, alter, change or modify the same as it deems fit. All the intellectual property rights arising out of the content posted by you on this site shall remain in the sole ownership of Smart Controls India which you have granted and assigned permanently royalty-free to Smart Controls India. Smart Controls India does not endorse and has no control over the content. Content is not necessarily reviewed by Smart Controls India prior to posting and does not necessarily reflect the opinions or policies of Smart Controls India. Smart Controls India makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other members.
By accepting this Terms & Conditions, you grant Smart Controls India permission to send you mailers/ messages on a regular basis for the purposes of promotions and information related to the website. This can be done across all platforms including but not limited to web and WAP.
You acknowledge that Smart Controls India is not responsible or liable and does not control the content of any information that may be posted to the site or on the services by you or other visitors to the site. You are not permitted to post any content that
Infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly;
Violates any law, statute, ordinance or regulation;
Is defamatory, trade libellous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography;
Contains viruses or other similar harmful or deleterious programming routines;
Damages, disables, overburdens, or impairs the site or any other party’s use of the site; or
Contains hyperlinks to any sites that contain content mentioned in clause (a) to (e) above.
Configurations and Minimum Essentials
Smart Controls India does not expressly recommend any particular software, operating system, application to use and access this site. If for any particular reason, the site does not open or is unable to be displayed in full in the visitor’s computer, then Smart Controls India shall not be held liable for any act, omission or commission that may occur because of the same. It shall be your responsibility and liability to keep your computer in consonance with the latest standards so as to access this site; though latest standards cannot be defined or categorized.
You agree to provide Smart Controls India with accurate, complete and updated registration information. If you do not provide Smart Controls India with accurate, complete and updated registration information, you are not authorized to use the service and your account may be terminated immediately. You further agree that, in providing such registration information, you will not knowingly or otherwise omit or misrepresent any material facts or information and that you will promptly enter correct and/or updated Registration Data or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize Smart Controls India to verify your Registration Data as may be required for your use of and access to the Service, as applicable.
Intellectual Property Rights
All the Content displayed on this site is the sole propriety and is in the exclusive right, title and ownership of Smart Controls India, except otherwise so mentioned. The copyright existing in the content on the site as well as the site itself is and shall always remain in the sole custody, possession, control and ownership of Smart Controls India. Copyright for this purpose includes registered as well as non-registered copyright. Trade mark and domain name with of this site also vests with Smart Controls India. All the marks, logos, designs used in this site are and shall always remain with Smart Controls India. Trade marks that have been put for registration and non-registered trademarks shall also be the sole propriety of Smart Controls India. Any intellectual property rights arising as a result of makeover of any content provided by any visitor, then intellectual property arising because of such makeover shall also vest with Smart Controls India. The visitor to this site grants a royalty free, exclusive and transferable right to Smart Controls India with respect of the content posted by him/her. No compensation will be paid with respect to the use of user content uploaded by you. Smart Controls India is under no obligation to post or use any user content you may provide and may remove any user content at any time at the sole discretion of Smart Controls India.
This website may contain links to other websites, videos, photographs or articles. These links are provided solely as a convenience to you. Wherever such link/s lead to sites, videos, photographs or articles which do not belong to Smart Controls India, Smart Controls India is not responsible for the content of linked sites, videos, photographs or articles and does not make any representations regarding the correctness or accuracy of the content on such websites, videos, photographs or articles. If you decide to access such linked websites, videos, photographs or articles, you do so at your own risk. Similarly, this website can be made accessible through a link created by other websites. Access to this website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this website are necessarily the same or similar to the idea, concept, aim or purpose of our website or that such links have been authorised by Smart Controls India. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Smart Controls India consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Web site is utilised to visit this Web site and such event is brought to the notice or is within the knowledge of Smart Controls India, civil or criminal remedies as may be appropriate shall be invoked. You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Limitation of Liability
In no event shall Smart Controls India or any of their officers, directors, employees, agents or affiliates be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of this subscription agreement or the use of or inability to use any service, even if Smart Controls India has been advised of the possibility of such damages.
You hereby agree to indemnify and hold Smart Controls India , its agents, contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any loss suffered by Smart Controls India as a result of a breach of the terms and conditions of this agreement by you and from any claim brought by third parties alleging that use of the service by you or under your account has infringed any intellectual property or other right of any kind, or any applicable laws or regulation. You shall pay all costs, damages, awards, fees (including legal fees) and judgments awarded against Smart Controls India arising from such claims, and shall provide Smart Controls India with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at your sole expense.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this agreement. If any provision of this agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Subject to the aforesaid, the laws of India govern these terms and conditions of this website and the courts of Gwalior shall have exclusive jurisdiction with regard to the matters arising out of the usage of this website.