Terms Of services
Terms of Services
These Terms, along with any other referenced documents, establish the terms and conditions for your authorized use of our website and constitute the complete agreement between Smart vCard and all users of our services, as well as any related services and products. These Terms apply comprehensively to all aspects of Users’ interactions with our website, including browsing, accessing, using, framing, and linking to the Site.
Anyone who engages with our Sites in any manner is considered a “User” under these Terms and may be referred to as “Customer,” “User,” or “You” throughout this document. By accessing, browsing, using, framing, and/or linking to our site, you explicitly acknowledge that you have read, comprehended, and consented to be legally bound by the provisions and principles outlined in these Terms.
The Terms outlined here are subject to modification, as we may periodically make significant revisions to these conditions. Any alterations to these Terms will be publicly posted on the Site. Your engagement in accessing, browsing, using, framing, and/or linking to smartvcard.in implies your acceptance of these Terms, including any amendments that may have been made.
Please note that the contents of this website may contain technical inaccuracies or typographical errors. We reserve the right to update the content at any time without prior notice. Furthermore, improvements and/or changes to the products, services, and/or programs described on this website may be made without prior notice to you. We retain the right to revise and edit these contents at our discretion.
By linking, accessing, browsing, and/or using this site, you confirm your agreement to be bound by any such revisions that may have been implemented.
Ownership and Copyright Content
This Site, along with all its contents, information, and other services and materials provided here, including graphics, text, software applications, codes, designs, images, page layouts, videos, gifs, and audio clips (collectively referred to as the “Materials”), are the exclusive property of Smart vCard and are safeguarded by copyright laws in India, as well as other intellectual property laws. Any other trademarks, product names, and company names or logos mentioned on this Site belong to their respective owners.
Restrictions on Use of the Website and Content
Subject to your compliance with these Terms and unless explicitly stated otherwise, we provide you with a non-exclusive, non-transferable, and personal license to access and use the materials published on this site (“Materials”) solely for your non-commercial use. Any other uses of this site, its software, and the Materials, including but not limited to redistribution, copying, modification, publication, transmission, reproduction, display, incorporation into another site, mirroring our sites, or any other way of exploiting the Materials, whether in part or whole, are strictly prohibited under this Limited License. Engaging in such prohibited actions may infringe upon our intellectual property rights and is not allowed without our prior express written consent.
Additionally, there are further restrictions you must adhere to as part of this license agreement. For instance, you are not permitted to reverse engineer, manually extract, or disassemble the software or create derivative works from the website or services we provide, except to the extent allowed by applicable law. You must also refrain from removing any copyright or proprietary notices from the material on our site.
Furthermore, you are prohibited from attempting to determine the website architecture or extracting information or data about individual identities, website usage, or any other activities using any network monitoring software or any other means. Uploading or transmitting any form of computer virus, malicious codes, worms, Trojan horses, defects, or any harmful items onto the website is strictly forbidden. Unauthorized attempts to gain access to restricted information are also not allowed.
Intellectual Property Rights and Trademarks
Smart vCard explicitly retains all Intellectual Property Rights in the Services and all materials provided by Smart vCard. Smart vCard or its licensors will continue to hold all rights, titles, and interest in the Services, as well as any updates, adaptations, translations, customizations, or derivative works, along with all Intellectual Property Rights associated with them. Any changes, modifications, additions, or removals to the Services, at the sole discretion of Smart vCard, may occur without prior notice or consent from the Customer. Certain names, logos, trademarks, trade names, service marks, content, visual interfaces, interactive features, information, compilations, computer code, products, services, and other materials displayed on the Services (“Smart vCard Materials”) are safeguarded by Intellectual Property Rights Laws of India and other jurisdictions.
The service name and other product and service names, as well as logos used or shown on the Service, are registered or unregistered trademarks of one or more members of Smart vCard (collectively, “Trade-Marks”). As a user, you may only use the relevant Trademarks to identify yourself as a user of our services, provided you do not attempt, either now or in the future, to claim any rights in the Trademarks, diminish the distinctiveness of the Trademarks, or use them in a way that discredits or misrepresents us, our services, or products. Nothing on this website grants you, directly or indirectly, the use of any service mark or trademark reproduced on the website, whether owned by us or third-party suppliers, without our prior written permission. Using any part of the materials on our site for commercial purposes is strictly prohibited without obtaining a license from us or our licensors.
Product Explanation, Availability, Rates, and Tax
Product Explanation: We strive to provide product explanations that are as accurate as possible. However, we do not make any representation or offer any warranties or guarantees, whether express or implied, about the accuracy, reliability, timeliness, or completeness of such information. We shall not be held liable for any kind of loss, directly or indirectly arising from the use of or reliance upon this website or any of the information it contains. If you receive a product that does not match its description, your sole recourse is to return it in unused condition.
Product Availability: We make every effort to ensure that the products you order are available for delivery, and in most cases, we will inform you in advance if a product is unavailable before you finalize your order. However, there may be instances where it is not possible to notify you beforehand, and we may have to reject an order if the product is, in fact, unavailable for delivery. In such cases, a full refund of all the amounts paid for the unavailable product will be issued.
Product Rates: The prices displayed on this website are subject to change at any time, and we reserve the right to modify them until you have made full payment for the products.
Tax: Smart vCard will include the applicable sales/use tax on orders as required by law. The total price of your order includes any relevant taxes.
Payment and Delivery of Order
Payment: The complete cost of your order or purchase will be shown to you during the checkout process. Before processing your order, we require payment in advance, unless there is a prior written agreement stating otherwise. Payment can be made using most major credit or debit cards, as well as other online payment methods available on the checkout page. When using a credit/debit card for payment, you must ensure that it belongs to you or that you are authorized to use it. Third parties will conduct validation checks on all credit/debit cardholders, and the card issuer must authorize the payment. In the event that the card issuer denies authorization or the validation checks yield unfavourable results, we will be unable to accept your order. In such cases, we will not be responsible for any delays or non-delivery, and we are not obliged to disclose the reason for the refusal.
Delivery of Order: After placing an order with us, we will confirm it and ship the products to the delivery address using the method you selected. We will make reasonable efforts to deliver the products within the estimated delivery timeframe, as agreed upon. However, circumstances beyond our control (e.g., adverse weather conditions, unexpected delays due to traffic congestion, road works, diversions, or mechanical breakdowns) may prevent us from meeting these timeframes. In such situations, we cannot be held liable for any delays or failures in delivery caused by these factors. If delivery cannot be made as planned, we will work with you to arrange an alternative delivery date.
It is your responsibility to do everything reasonably possible to ensure that the delivery can take place on the specified date. If the Product cannot be delivered due to your actions or inactions (e.g., you are not present at the delivery location), we will need to reschedule the delivery and may charge an additional fee for this service, unless other arrangements have been agreed upon. Generally, the Product must be signed for upon delivery, and delivery will be considered complete once the Product is delivered to the address specified in your order.
If you do not receive your Product on the scheduled delivery date, it is essential to notify us promptly.
To cancel an order, please contact us immediately. Order will not be cancelled if the product leaves our facility and is handed over to the shipping company.
Your Account, Password, and Safety
To access and utilize certain Smart vCard features, you may need to register with us and create an account. During the “checkout” process, specific details will be required. As a user, you must complete the registration process by providing accurate, current, and complete information as prompted in the applicable registration form. You will also be required to set up a username and password.
You are solely responsible for maintaining the confidentiality of your account credentials. Additionally, you are entirely accountable for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must inform us immediately. We will not be responsible for any losses incurred by the user if a third party gains access to their account or password, with or without the user’s knowledge.
However, please be aware that you may be held liable for any losses incurred by us or any other party if someone else uses your account or password. It is not permissible to use anyone else’s account without the account holder’s permission. We reserve the right to decline service, terminate accounts, revoke your access to our services, remove or modify content, or cancel orders at our sole discretion.
Termination of Your Usage
These Terms will remain valid until either you or Smart vCard decide to terminate them. You have the option to terminate these Terms simply by ceasing your use of our site and app. On the other hand, we reserve the right to terminate this Agreement or suspend your access to all or certain parts of our site without prior notice, if we, at our sole discretion, believe that your conduct is disruptive to our site and app, violates any applicable law, or breaches these Terms.
User-Generated Comments, Testimonials, Feedback, and Other Submissions
Within these terms, “User Generated Comment” refers to any material (such as text, video, audio, testimonials, feedback, or suggestions) that you upload or submit to this Site for public review, regardless of the purpose. Please note that user-generated content is considered non-confidential and non-proprietary. By posting, uploading, sharing, providing, or otherwise submitting any user communications to this website, you acknowledge and agree that you grant us a worldwide, non-exclusive, irrevocable, royalty-free license to reproduce, use, publish, distribute, and translate such user-generated content in any existing or future media.
You also give us the right to sublicense these rights and the ability to take legal action against any infringement of these rights. You warrant and represent that you own or control all the rights to the content you provide on the website, and that it must not be unlawful, illegal, infringe on any third-party legal rights, or have the potential to lead to any legal action against either you or us.
We are not obligated to monitor the content provided by website users, nor are we obligated to remove any User-Generated Content that you have chosen to share on our site. However, we reserve the exclusive right to review any material posted on the website and to remove any content at our sole discretion. We retain the right at all times to disclose any information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests, or to edit, refuse to post, or remove any User Communications or other materials, either in part or in whole, at our sole discretion.
We do not control or endorse the content, messages, or information found in any User-Generated section, and therefore, we specifically disclaim any liability concerning them and any actions resulting from your use of such content.
Notification of Copyright Infringement
We hold a strong regard for the intellectual property rights of others and expect the same from our content partners and those contributing to our site. The use of our network is prohibited for transmitting, retransmitting, distributing, posting, or storing any material that infringes upon the rights of any individual, including rights protected by copyright, trade secret, patent, or any other intellectual property or related laws or regulations. To ensure compliance with this policy and the Digital Millennium Copyright Act, we have established appropriate procedures for addressing copyright infringement.
The information presented on our site has been compiled from both internal and external sources. While we have made efforts to provide accurate and valid information, we cannot guarantee the validity, completeness, or accuracy of the contents. It’s important to be aware that the contents may be incomplete, contain errors, or have become outdated. Therefore, before taking any action based on the information from the site, it is advisable to verify it.
Any advice or information, whether oral or written, obtained from us, does not create any warranty not expressly stated herein.
Our site is provided on an “as-is” basis. To the fullest extent permissible under applicable law, we disclaim all representations and warranties, whether express or implied, regarding the operation, accessibility, or security of this site, as well as the accuracy, completeness, currency, or reliability of any content or data found on this site. This includes but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not guarantee continuous, uninterrupted, or secure access to our services, except as provided in any applicable Service Level Agreement (SLA). The operation of our site may be affected by numerous factors beyond our control.
By agreeing to these Terms, you pledge to indemnify, defend, and hold us, along with our subsidiaries, affiliates, licensors, officers, directors, representatives, partners, agents, and employees, harmless from any claims, losses, liabilities, or demands, including attorneys’ fees, that may arise from or be related to your violation of these Terms or any law, as well as your infringement upon the rights of a third party.
Limitation of Liability
To the extent permitted by law, we shall not be held responsible, and under no circumstances or legal or equitable theory, including but not limited to tort, contract, strict liability, or otherwise, shall Smart vCard or any of its employees, directors, officers, agents, vendors, or suppliers be liable to you or any other individual for any loss, claim, damage, lost profits, or any special, incidental, indirect, or consequential damages of any kind arising from or in connection with your access to, or inability to access, the sites or your reliance on any information provided on the sites, even if we have been advised of the possibility of such damages.
Governing Law. These Terms and Conditions, along with any separate agreements through which we provide you Services, shall be governed by and interpreted in accordance with the laws of India.
Any delay or omission by Smart vCard in exercising any right arising from your non-compliance with any of the terms of these Terms shall not impair such right or power, nor shall it be considered a waiver thereof. Our waiver of any of the covenants, conditions, or agreements to be performed by you shall not be construed as a waiver of any subsequent breach of those provisions or of any other covenant, condition, or agreement contained herein.
If you have a complaint about the Site or App or need additional information regarding their use, please feel free to get in touch with us via email at [email protected].