Welcome to smartvcard.in, the website operated by Smart vCard (Divison of Byteweb IT Solution Pvt Ltd). By accessing and using the smartvcard.in website (the “Site”), you agree to abide by the following Terms and Conditions Agreement between User, smartvcard.in. Before proceeding, please carefully read and understand these Terms, as your use of smartvcard.in constitutes your full acceptance of them. Make sure to keep a copy of these Terms for future reference.

smartvcard.in functions as a Social Networking Website, where users can create public profiles to connect with others in a social media manner. The site allows users to search for profiles by name. As of now, no items are available for purchase on this platform.

Regarding privacy matters, your usage of smartvcard.in is subject to Smart Card Privacy Policy. We recommend reviewing our Privacy Policy to gain insight into our data collection practices, as it governs the Site and informs users about how their information is handled.

When you visit smartvcard.in or send emails to Smart vCard, you acknowledge that these actions constitute electronic communications. By continuing, you consent to receive electronic communications from us. This includes agreements, notices, disclosures, and other important information. Rest assured that these electronic communications, delivered via email or on the Website, meet all legal requirements for written communications.

Your Account

When using this site, it is your responsibility to maintain the confidentiality of your account and password and also to restrict access to your computer. You agree to accept full responsibility for all activities that occur under your account or password. Transferring or assigning your account to any other person or entity is not allowed. Please be aware that Smart vCard is not liable for any unauthorized access to your account resulting from theft or misappropriation. In its sole discretion, Smart vCard and its associates reserve the right to refuse or cancel service, terminate accounts, or edit and remove content.

1) Children Under Thirteen

Smart vCard does not knowingly collect personal information from individuals under the age of thirteen, either online or offline. If you are under the age of 18, you may only use smartvcard.in with permission from a parent or guardian.

2) Links to Third-Party Sites/Third-Party Services

smartvcard.in may provide links to other websites (“Linked Sites”). These Linked Sites are not under Smart vCard’s control, and therefore, Smart vCard is not responsible for their contents, including any links within the Linked Websites or any changes and updates to them. These links are provided for your convenience, and their inclusion does not imply endorsement by Smart vCard or any association with their operators. Certain services offered on smartvcard.in may be provided by third-party sites and organizations. By using any product, service, or functionality originating from the smartvcard.in the domain, you acknowledge and consent to Smart Card sharing information and data with third parties that have a contractual relationship to provide the requested product, service, or functionality on behalf of smartvcard.in users and customers.

3) No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, and revocable license to access and use smartvcard.in in strict accordance with these terms of use. By using the Site, you warrant to Smart vCard that you will not engage in any unlawful or prohibited activities as defined by these Terms. Furthermore, you must not use the Site in a way that could damage, disable, overburden, or impair it, or interfere with the enjoyment and use of the Site by other parties. Any attempt to obtain materials or information through means not intentionally made available on the Site is strictly prohibited.

All content included as part of the Service, such as text, graphics, logos, images, and the compilation thereof, along with any software used on the Site, is the property of Smart vCard or its suppliers and is protected by copyright and other intellectual property laws. You agree to comply with all copyright and other proprietary notices, legends, or restrictions contained in any such content and refrain from making any alterations. You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any content, whether in whole or in part, found on the Website. Smart vCard’s content is not intended for resale. Your use of the Website does not grant you any unauthorized use of protected content, and you specifically agree not to delete or alter any proprietary rights or attribution notices in any content. Protected content may only be used for personal purposes, and any other use requires the express written permission of Smart vCard and the copyright owner. By these Terms, you acknowledge that you do not acquire any ownership rights in any protected content, and you are not granted any licenses, express or implied, to the intellectual property of Smart vCard or its licensors except as expressly authorized in these Terms.

Third-Party Accounts

You will have the option to link your Smart vCard account to third-party accounts. By connecting your Smart vCard account to these third-party accounts, you acknowledge and agree that you are giving consent for continuous information sharing about you with others, as determined by your privacy settings on those third-party Websites. If you do not wish to have information about you shared in this manner, please refrain from using this feature.

International Users

Smart vCard, operates and administers the service from our office in India. If you access the service from a location outside India, you are responsible for complying with all local laws. You agree not to use the Smart vCard Content accessed through smartvcard.in in any country or in any way that violates applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Smart vCard, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) related to or arising from your use of the Website or services, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. Smart vCard retains the right, at its own cost, to assume the exclusive defence and control of any matter subject to indemnification by you. In such cases, you must fully cooperate with Smart Card in asserting any available defences.

Arbitration

If the parties cannot resolve any dispute arising from or related to these Terms and Conditions, or any provisions herein, whether in contract, tort or otherwise, for damages or any other relief, such dispute shall be settled through final and binding arbitration under the Indian Act. The arbitration will be conducted by a single neutral arbitrator administered by the Indian Arbitration Association or a similar arbitration service agreed upon by the parties in a mutually chosen location. The arbitrator’s decision shall be final, and judgment may be entered in any court with jurisdiction. If any legal or equitable action, proceeding, or arbitration arises concerning these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to resolve all disputes and claims related to these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions, through arbitration. The parties acknowledge that the Indian Act governs the interpretation and enforcement of this provision. The Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision, and it shall survive the termination of these Terms and Conditions

Class Action Waiver

Any arbitration conducted under these Terms and Conditions will be limited to individual claims only. The parties agree that class arbitrations, as well as collective or representative actions, are not permitted. Both parties acknowledge that any claims brought against the other must be on an individual basis, and neither party may act as a plaintiff or class member in any purported class, collective, and/or representative proceeding, including private attorney general actions. Additionally, unless agreed upon by both you and Smart vCard, the arbitrator may not consolidate claims of more than one individual, nor preside over any representative or class proceeding.

Liability Disclaimer

The information, software, products, and services available through the Website may contain inaccuracies or typographical errors. Periodic changes and improvements are made to the information presented on the Website by Samart vCard and/or its suppliers. However, neither Samart vCard nor its suppliers make any representations regarding the suitability, reliability, availability, timeliness, or accuracy of the information, software, products, services, and related graphics for any purpose.

To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without any warranty or condition, whether expressed or implied. Samart vCard and/or its suppliers hereby disclaim all warranties and conditions, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Samart vCard and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever, including but not limited to damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website, the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if Smart vCard or any of its suppliers has been advised of the possibility of damages. As some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Website or any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Termination/Access Restriction

Smart vCard retains the sole discretion to terminate your access to the Website, along with its related services or any part thereof, at any time and without prior notice. To the maximum extent permitted by law, this agreement is governed by the laws of India, and you hereby consent to the exclusive jurisdiction and venue of Indian courts for all disputes arising from or related to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not recognize and give effect to all provisions of these Terms, including this section. You acknowledge that this agreement and your use of the Website do not create any joint venture, partnership, employment, or agency relationship between you and Smart vCard. Smart vCard’s performance of this agreement is subject to existing laws and legal processes, and nothing in this agreement shall undermine Smart vCard’s right to comply with governmental, court, and law enforcement requests or requirements regarding your use of the Website or the information gathered by Smart vCard concerning such use. If any part of this agreement is deemed invalid or unenforceable under applicable law, including the warranty disclaimers and liability limitations mentioned above, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that best reflects the original intent of the provision. The rest of the agreement shall remain in full force and effect. Unless otherwise specified, this agreement constitutes the entire understanding between you and Smart vCard concerning the Website, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Smart vCard regarding the Website. A printed version of this agreement and any notice provided in electronic form will be admissible in judicial or administrative proceedings, just as other business documents and records originally generated and maintained in printed form. The parties explicitly agree that this agreement and all related documents shall be written in English.

Changes to Terms

Smart vCard reserves the right, at its sole discretion, to modify the Terms under which smartvcard.in is offered. The most current version of the Terms will replace all previous versions. Smart vCard advises you to periodically review the Terms to remain informed about any updates.

Smart vCard welcomes your questions or comments regarding the Terms:

Smart Card: C-812, Manubhai Tower, opp. faculty Of Arts, Near Kala Ghoda, Maharaja Sayajirao University, Sayajiganj, Vadodara, Gujarat 390005 Email Address: [email protected] Mobile Number: +91 8128609801 Effective as of 15th August 2022