> For the purpose of this Agreement SmartSMBee, eSya, us, we, our shall mean eSya Innovations Private Limited and includes its associates, affiliates, subsidiary(ies). Smart SMBee (the website and mobile application) of eSya Innovations Pvt. Ltd. provides services related to the cloud based MIS for small and medium businesses enterprises.
> For the purpose of this User Agreement, Registered User / visitor and wherever the context so require "you", "your" shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself/itself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as visitor by providing phone number and email id.
> If you sign up for additional features and services as Privileged Member (owner/entrepreneur) that are governed by additional terms and conditions, and are subject to having access to certain premium features of the websites, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, all such additional terms and conditions are hereby incorporated into this Agreement by reference to have access to certain premium features of the website.
> Please read this Agreement carefully before accessing or using the Services or parts thereof in any manner. This Agreement is a legally binding agreement between you (the individual using the Services, and the Company, Partnership Firm, Proprietorship Firm or any other Legal Entity etc. (as the case may be) for which they are used) and SmartSMBee.
1.1 The term “Provider” including all its synonyms and would mean “www.smartsmbee.com,” and eSya Innovations Private Limited having its registered office at, 101, Om Sai Prasad CHS, Above Jyoti book centre, Old Mumbai Pune Road, Charai, Thane 400601 (hereinafter referred to as “SmartSMBee”). The term would also include any agent(s) who have been so authorized by SmartSMBee in written by resolution to that effect, to act on their behalf.
1.2. The term “authorized user/member” would include any person, whether an individual or a legal entity who has subscribed to the services of SmartSMBee and to whom the access is restricted by the use of a sign-in user name and a password. The user name and password are either allotted by SmartSMBee or chosen by the user or agreed upon by the privileged Member of the Organisation. It is made abundantly clear that only the authorised user has the right to access the services so offered by SmartSMBee.
1.3. For the purposes of this subscriber agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an “unauthorised user” and will be subject to the terms and conditions, and expressly so with respect to the intellectual property rights of the provider, and abiding by licensing terms and conditions.
1.4. The term “User” would include both the authorised and unauthorised user(s)
1.5. The terms “service” or “services” would mean to include the interactive online information service offered by SmartSMBee on the internet through which the user would save and have access the data/information (stored by the members/ uses of the same organisation) about the organisation its sales, managerial structure of the organisation its assets, analyse statute, rules and procedures, etc. as more particularly described in the website. The term Service would also include the search and programming tools through which the user/member can access and search into data base and information stores by them (or by others users of the same Organisation) by them stored through cloud mechanism and analysis of the status of activities of its business, its employees, clients and vendors and its assets (movable and immovable) etc. through number of tools/ applications which are based on hosted databases and information and analysis of such data base with the website SmartSMBee for such particular Organisation and restricted to only such privileged authorised member(s) of the organisation.
1.7. The term “Organization” would mean and include any company or proprietorship Firm, partnership firm, Limited Liability Partnership, one person company, institute, trust or society or any such legal entity which has a legal personality or otherwise represented by or through the Privileged Member and with the closed group of its group users/members within the same group.
1.8. The term “Downloaded Data” means insubstantial portions of the Data downloaded and temporarily stored to a storage device under Subscriber’s exclusive control.
1.9. The term “Order Form” means any order form attached to this Agreement, either in printed format or available online, setting out the Data and Features including subscription plan available to Subscriber/Organisation and the price charged thereof.
2.1 In order to use all of the Services (and to become a Member/ subscriber), you must create SmartSMBee account on the Site (“Account”).
2.2 Eligibility. By using the Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older at the time of registration; and (d) your use of the Services does not violate any applicable law or regulation, or any other obligation (including contractual obligation) you might have towards third parties. Any Account you have created by registering on the Site may be deleted without warning if we believe or understand that any representation and warranty you make hereunder is breached or inaccurate or you are indulging into any malpractices or immoral or illegal or unauthorised activities.
2.3 Password. When you sign up to become a Member, you will also be assigned a password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Account or password of another Member/Person at any time either forming part of the same organisation or otherwise. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password or for such other uses of the said websites. You are solely responsible for any and all uses of your Account and for the data/ information shared by you.
2.4 The right to electronically display and use materials/ information retrieved from the online services to no more than one person at a time.
2.5 The license includes the right to download and temporarily store insubstantial portions of data/ information or analysis (“Downloaded Data”) and to a storage device under subscriber’s exclusive control:
(i) To display and use internally such downloaded data;
(ii) To quote and excerpt from such downloaded data by electronic cutting & pasting or other means in subscriber’s own work products;
(iii) To create printouts of substantial portions of data/ information for internal use and for other subscribers of same organisation, if such third party/subscriber agrees not to distribute the printouts, and on non commercial basis and only if such data is used only for non-legal work as no part of information/ data analysis shall be substantial in any court of law as evidence as the same is based on the inputs by the subscriber and prone to human as well as technical errors.
2.6 SmartSMBee reserves the right to terminate this license at any time for any reason in case any of the terms are revoked.
2.7 No material/content downloaded from the Web Site of SmartSMBee shall be reproduced, transmitted or stored in any other Web Site nor shall any of its pages be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of SmartSMBee.
2.8 All rights are not expressly granted herein are reserved.
2.9 Subscription charges are non-refundable.
3.1 This Agreement shall remain in full force and effect while you are using the Services, whether you are a Visitor or a Member. The services so offered by us, are subject to the user agreeing to all the terms and conditions of the license. Notwithstanding any / all clauses, the terms shall be applicable mutatis mutandis on subscriber during the subsistence of subscription period of the organisation (which includes period of renewed subscription ).
3.2 Only the privileged member can delete or suspend the Account(s) of one organisation at any time, for any or no reason, by sending request to us. Please note that even if your Account is deleted or suspended you but you want to continue to use the Services as a Visitor, your use of the Services is still subject to this Agreement. Unless eSya Innovations Private Limited or SmartSMBee has terminated your Account, you can start a new membership by registering again. We reserve the right to terminate your membership and this licence for any or no reason (specified when the terms of this agreement or subsequent modifications thereto are violated) at any time by ceasing to provide the Services to you. You understand that termination of this Agreement and the Account you have created with us may involve deletion of your Account information data from our live databases. We will not have any liability whatsoever to you for any termination of your Account or related deletion of your information data.
3.3 The warranties and indemnities, the provisions in relation to the payment of money due to SmartSMBee and the restrictions on the rights of the subscriber in relation to the use of the Database, contained herein shall survive the termination or expiry of this subscription.
3.4 Upon termination, the user must destroy all materials obtained from the Web works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout Site.
If you access SmartSMBee through any social networking site, such as Linkedin, Facebook, WhatsApp, etc. ("Social Networking Site"), you agree that we may access, make available, and store (if applicable with your permission), the information i.e. your name, current and past positions, email address, industry, education, certifications, and skills. Subject to the privacy settings that you have set with the Social Networking Site account you use to access SmartSMBee, personally identifiable information that you post to that Social Networking Site may be displayed on SmartSMBee. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
5.1 Your Grant of License to Us: We do not claim ownership in any Content that you upload, provide, make available, or otherwise transfer (“post”) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed). No compensation will be paid with respect to the Content that you post through the Services. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. It is made abundantly clear that SmartSMBee does not have absolute control over the contents posted on the web site and hence does not guarantee the accuracy, quality or integrity of such content. The views expressed in the article section of the web site are those of the respective authors and not of SmartSMBee. Any illegal or offensive content posted on the site, if detected, should be brought to SmartSMBee’s attention for immediate action. SmartSMBee will not be responsible in any manner for any defamatory, illegal or offensive or contemptuous matter posted herein.
5.2 Third Party Content: We own and retain all proprietary rights in the Services and the Content provided by us and our licensors (including other Users) and you are a User of such services for limited period, and subject to the terms and conditions of this Agreement. We hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print from the Services solely for your personal use in connection with using the Services, and subject to you complying with all the terms and conditions of this Agreement.
5.3 Services – Ownership and Restrictions: You acknowledge that all the intellectual property rights in the Services (excluding any Content provided by Users) are owned by eSya Innovations Private Limited, eSya Innovations Private Limited’s licensors. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services of SmatSMBee, and (b) rent, lease, loan, or sell access to the Services. “Content” means any work of authorship or information, including Product Reviews, Vendor Reviews, product category taxonomy, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials. SmartSMBee is not obliged to attend to procurement requests of users for any additional services or features subject to applicable payment of fees and other taxes and charges. Without prejudice to its rights, however, SmartSMBee shall on its discretion provide such additional services or features which if procured shall be made available to user as part of its database.
5.4 Content: if any Content from other Users, advertisers, vendors, and other third parties is made available to you through the Services. we make it clear that we do not control such Content and therefore, (a) you agree that we are not responsible for any such Content, including advertising and information about third party products or services or market analysis, and product- and vendor-related information provided by other Members through Product Reviews, Vendor Reviews, and Forums and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and/or third parties.
5.5 Responsibility: Your interactions with other Users on the Services or with advertisers, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any other User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users and to resolve the same as may be possible at our sole discretion (even by deleting one or more subscription (including that of yours)).
5.6 Member Interaction: You will not use any information analysis obtained from the Services in order to harass, abuse, or harm another person/ users, or in order to contact, advertise to, solicit, or sell to any User without his prior explicit written consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members and the sharing of any Content/ data/ information in any period to a number and amount which we deem appropriate in our sole discretion.
5.7 Acceptable Use and Conduct: You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
5.8 Prohibited Content: You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Services. “Prohibited Content” is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (iii) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; (v) posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; (vi) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming” (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (xi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; or (xii) otherwise violates the terms of this Agreement or creates liability for us.
5.9 Representations Regarding Your Content. You represent and warrant that: (a) you own the Content posted by you on the Services or otherwise have the right to grant the license set forth in this Agreement, (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing or posting your Content, you do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including your current or former employer or any potential employer, (d) any information you provide in a Product Review and Vendor Review is correct, and (e) any information you provide about your current, past or potential status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality, non-disclosure or contractual obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible.
5.11 Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
5.12 No Disruption. You will not: (i) cover or obscure any advertisements on the Services, or any scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.
You will not attempt to impersonate another User or person, including any of our employees or employees or employer of the same organisation. You will use the Services in a manner consistent with any and all applicable laws and regulations and as maybe beneficial to your organisation.
7.1 The Services may contain links to third-party websites (“Third-Party Websites”) SmartSMBee shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of Content contained in any third party Content appearing on the Web Site. (a) placed by us as a service to those interested in this information; or (b) posted by other Members. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website.
7.2 Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such Content, is wholly disclaimed by SmartSMBee..
8.1 If you have a Paid Subscription for a term, your payment to Spotify will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and However, if you cancel your payment and/or terminate the Terms after the Cooling-off Period is over (where applicable), and/or before the end of the subscription period, we will not refund any subscription fees already paid to us.
8.2 eSya Innovations Private Limited may change the price/fee for the Subscriptions (either to you or your organisation) from time to time, and will communicate any price changes to you or your organisation. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the our Service after the price change takes effect, you accept the new price.
9.1 It is our policy to terminate membership privileges of any Member who infringes copyright or trade mark or patent provisions upon prompt notification to us by the copyright/trademark owner or the copyright/ trademark/ patent owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright/ trademark/ patent infringement, please provide intimate us at ____________ with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/ trademark/ patent interest; (ii) an identification of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright/ trademark/ patent owner or authorized to act on the copyright/ trademark/ patent owner's behalf.
9.2 The trademarks, logos and service marks (“Marks”) displayed on the Services are our property. You are not permitted to use these Marks without our prior written consent.
9.3 Your use of a SmartSMBee website including www.smartsmbee.com (hereinafter referred to as the “Website") and its related sites, services, Apps and tools} are governed by the terms and conditions as contained applications tools services of in this Agreement and our subsidiaries and affiliates.
10.1 Although we have made all reasonable efforts to ensure that the service Provided on internet is effectual, we are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any loss of data/information, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users or alteration of any data (as the access is given to Users). We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or main server or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, or adverse effect (psychological or physical) resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline. We do not represent that the website is error free or virus free or other harmful component or that all defect, if any, observed later will be corrected.
10.2 The services are provided “as-is” and as available basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of correctness, merchantability, fitness for a particular purpose, title, quiet enjoyment, adequacy, accuracy, completeness or suitability or non-infringement validity. We make no warranty that: (a) the services will meet your requirements; (b) the services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the services will be accurate or reliable. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you or for such jurisdictions.
10.3 The user is responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the Web Site for the reconstruction of any lost data.
11.1 In no event (including of anticipated saving or profits, loss of goodwill, data/information or any other direct or consequential loss) shall we be liable to you or any third party for any loss profit or any indirect, consequential, exemplary, incidental, indirect or special or punitive damages arising from your use or misuse of the services or inability to use services, even if we have been advised of the possibility of such damages. SmartSMBee shall not be liable in contract, tort, delict or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the service (whether or not caused by the negligence of SmartSMbee). We make no claims or promises about the quality, accuracy, or reliability of any data/analysis as the same depends on the inputs from your side and information/ data provided by all the users from one organisation, or the safety or security of the services. Accordingly, we are not liable to you for any loss or damage that might arise from your reliance on the quality, accuracy, or reliability of the ratings, or reviews or the safety or security of the services. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to, or use of the services or the website. We disclaim all liability for any (a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages; (b) loss of profits; (c) business interruption; (d) loss of or damage to your reputation or reputation of the organisation or any third party; or (e) loss of information or data.
11.2 Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction. You agree that any cause of action arising out of or related to the services must commence within 1 (one) month after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11.3 Subscriber shall accept sole responsibility for use of services or inability to use services and SmartSMBee shall not be liable for the use of the Service by Subscriber, or any User and Subscriber shall hold Supplier harmless and fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use
11.4 SmartSMBee disclaims all responsibility for any loss, injury, liability or damage of any kind resulting from and arising out of, or any way related to: .
11.5 Any errors in or omissions from the Web Site and its content, including but not limited to technical inaccuracies and typographical errors
11.6 Any third party Web Sites or Content therein directly or indirectly accessed through links in the Site, including but not limited to any errors in or omissions there from
11.7 The unavailability of this Site or any portion thereof;
11.8 Your use of any equipment or software in connection with the Site; or
11.9 Your use of the Site.
11.10 Subscriber’s exclusive remedy and SmartSMBee’s entire liability under this agreement if any, for any claim(s), damages relating to the copyright in data made against them individually or jointly whether based in contract or negligence shall be limited to the aggregate amount of the charges paid by subscribers relative to the database which is the basis of the claim(s) during the period of subscription. The present indemnity shall remain in effect for the period of continued subscription.
12.1 Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective immediately after being sent to you, also your continued use of the Services after that time shall constitute your acceptance of the amended Agreement. We shall also update the amended agreement, if any, on the website for your reference, from time to time.
12.2 The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.
12.3 Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if any such delay is caused by a labour dispute, power failures, failure of internet or other network/connections or destruction of server or any part or portion thereof, shortage equipment failure of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), inability to obtain essential supplies acts of God, or any other event beyond the control of such party etc. provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
12.4 LINKING TO THE WEB SITE
12.4.1 User may provide links only to the homepage of this Web Site, provided.
12.4.2 The user do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site;
12.4.3 The user gives us a notice of such link by sending an e-mail to email@example.com;
12.4.4 The user discontinues providing links to this Site if requested by us. If you wish to provide links to a section within the Web Site, you should forward your request to us at firstname.lastname@example.org and we will notify you if permission is granted, and if so, the Terms and Conditions of permission.
12.5 Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events. 4.
12.6 Survival. The provisions in respect of warranties, indemnities payment of outstanding dues and restriction on the rights of subscriber in relation to use of service or its related information/data will survive even after expiration or termination of this Agreement for any reason.
12.8 Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other directors or shareholders or partners and employees, harmless from any loss, liability, claim, or demand or action or damages, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services and arising from your breach of any/or provision of this Agreement.
12.9 Governing Law and Arbitration.
12.9.1 This Agreement shall be governed by and constructed in accordance with the laws of India and especially for state of Maharashtra (thane) without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and shall be subject to exclusive jurisdiction or appropriate courts in Thane (Maharashtra) as may be appointed by us. The alternative dispute resolution provider and the parties must comply with the following rules: a) the provisions of Arbitration and conciliation Act 1996 as amended will apply to such arbitrations; b) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
12.9.2 The arbitration shall be conducted by a single arbitrator who shall be appointed by the mutual consent of both parties. If the parties are not able to reach a decision to appoint the arbitrator within thirty (30) days of the date, then the Dispute shall be referred to a panel of three (3) arbitrators. One (1) arbitrator shall be appointed by each party within thirty (30) days of the parties failing to reach an agreement to appoint the sole arbitrator as aforesaid. The two (2) arbitrators so appointed by the parties shall appoint the third presiding arbitrator within thirty (30) days of their appointment, failing which the third presiding arbitrator shall be appointed in accordance with the provisions of the Arbitration Act.
12.9.3 The arbitration proceedings shall be conducted in English.
12.9.4 The place of arbitration shall be Thane Maharashtra only.
12.9.5 The award of the arbitrator(s) shall be final and binding on both parties. The arbitrator(s) shall state reasons for its/their findings in writing.
12.9.6 The costs of arbitration shall be determined by the arbitrator(s).
12.9.7 In relation to any arbitration proceedings, the parties agree that the courts at Delhi, shall have exclusive jurisdiction to the extent the court has jurisdiction under the Arbitration Act.
12.10.1 Except as provided in clause 8.2 hereof, no notice consent or the like (in this clause referred to generally as “notice”) required or permitted to be given under this arrangement shall be binding unless in writing and may be given personally or sent to the party to be notified by pre-paid registered post, courier or by electronic mail at his/ its address as set out above or as otherwise notified in accordance with this clause.
12.10.2 A notice given personally shall be deemed given at the time of delivery.
12.10.3 A notice sent by post or courier in accordance with this clause shall be deemed given at the commencement of business of the recipient on the date of receipt of the notice by the recipient or fourth business day following its posting whichever is earlier.
12.10.4 Notice sent by telex, electronic mail or facsimile transmission in accordance with this clause shall be deemed given at the time of its actual transmission.
12.10.5 The user is to keep himself/herself/itself aware of the terms and conditions of the website, by checking this page at least once in a month. No further notice shall be given to the user of the change in the terms and conditions.
12.11 Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Please contact us with any questions regarding this Agreement by e-mailing us at: email@example.com;
13. This User Agreement for the Website shall come into effect immediately on your acceptance of terms and conditions and/ or first log in onto www.smartsmbee.com . It shall continue to remain in force till such time you have a valid subscription to the website. ("User Agreement") www.sartsmbee.com is an internet based portal owned and operated by eSya Innovations Private Limited a company incorporated under Companies Act, 1956 having its registered office at 101, Om Sai Prasad CHS, Above Jyoti book centre, Old Mumbai Pune Road, Charai, Thane 400601.
15. The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you whether as authorised user or unauthorised user along with any amendments made by eSya Innovations Private Limited, a company at its sole discretion at any time and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this agreement is being concluded electronically. For the aforesaid purposes, by clicking at the box as 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or while transacting as visitor or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at thane Maharashtra.
16. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and do not seek to obtain access to or otherwise use the Website.