Terms And Condition - Smart Bizz

TERMS AND CONDITIONS

Agreement between User and Esmartbizz

Esmartbizz website is offered to you on the condition that you acknowledge without change the terms, conditions, and notification contained in this. Your utilization of the Esmartbizzsite constitutes your consent to every such term, conditions, and notifications. On the off chance that you don’t concur with any piece of the terms, conditions and notification mentioned below, you could refrain from using the services of Esmartbizz.

Furthermore, the Esmartbizzsite may contain terms relating to specific highlights or offers (for instance, flights, hotels, packages, etc.) if any of the terms, conditions, and notification contained conflict with the extra terms or different terms and rules contained inside Esmartbizzsite, at that point these terms shall be considered.

Definitions

In this document, terms that commence with a capital letter are defined in this Section or in the preamble.

“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
“Content” also includes Marks and Products and Services.
“Mark” refers to as the company logo or registered trademark, trade name, custom graphics, or icons.
“Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
“Member ID” means the e-mail address you use (with your password) to login to our Site.
” Esmartbizz” or “we” means Esmartbizz, and its subsidiaries and affiliates.

“Products and Services” means Visa, Company SETUP, PRO Services, Legalization and other items available through the Site.

“Provider” means Esmartbizz’s licensors, suppliers, information providers, and travel and leisure service providers.
“Purchase” means to book, reserve, or purchase.

The terms “Site”, “Marks”, “Content” and “Products and Services” do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. The use of which is subject to the terms mentioned by their respective owners or operations, on the third party’s website.

“Site” means the www.Esmartbizz website and/or the www.Esmartbizz website, and their respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites.

User Account Information

While registering for an account with Esmartbizz, the user will choose a password and is responsible for maintaining the privacy of the password and account. The user is fully responsible for all activities that occur while using their password or account. It is the duty of the user to notify Esmartbizz Immediately of any illegal use of their password or account or any other violation of security. Esmartbizzwill not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge.

Use of Esmartbizz

The Esmartbizz websites may contain services such as email, information related to various, personal web pages, and/or other messages. You agree to use the services only to post, send and receive messages and material that are proper and related to the particular service. Not as a limitation but by way of example, you agree that when using a service, you will not:

Offend, abuse, hassle, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Issue, put, transfer, convey or spread any wrong, disrespectful, encroaching, disgusting, revolting or unlawful subject, name, material or data.
Upload documents that contain programming or other material secured by licensed innovation laws (or by privileges of protection of reputation) unless you claim or control the rights thereto or have gotten every single important authorization thereof.
Upload or distribute virus affected or corrupted files or software programs related to Esmartbizz, that may corrupt the PC of any other user.
Advertise on behalf of Esmartbizzor as an outsider or offer to sell or purchase any goods or services for any business purpose, unless you have been given any such rights.
Download any record posted by another client that you know, or should know, can’t be lawfully appropriated in such way.
Fake or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Violate any other guidelines, applicable for or to any particular service.
The user should take particular care while disclosing any identifying information in any service, which may be identifiable.
Violate any applicable rules or regulations currently in force in or outside India.
Violate any of the terms and conditions of the user agreement or any other terms and conditions for the use of Esmartbizzwebsites contained elsewhere herein.
Frame, Link, mirror, scrape, spider or data mine the Website or authorize, instruct, hire, employ, or otherwise cause anyone to Frame, Link, mirror, scrape, spider or data mine the Website.

Minors (as defined under the laws of jurisdiction or residence) are not entitled to register, purchase products and services or make any transaction available on Esmartbizz. We do not deliberately gather personal information from any minor and incase discovered by a minor, would not use the same.

Esmartbizz reserves the right to terminate the users access to any or all of the services at any time without notice or any reason whatsoever.

Esmartbizz reserves the right at all times to reveal any information as necessary to gratify any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Esmartbizz’s sole prudence.

Esmartbizz does not control or support the content, messages or information found in any service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the users participation in any service.

Materials uploaded to a service may be subject to posted restrictions on usage, imitation and/or distribution; User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.

Esmartbizzalso reserves the right, in its sole discretion, to terminate the access to any or all Esmartbizzwebsites and related services or any portion thereof at any time, without notice.

Privacy and Security

The user hereby agrees and expresses that he has read and fully understands the Privacy Policy of Esmartbizzmentioned on the Esmartbizz website and he hereby agrees to the mentioned Terms and Conditions in the Privacy Policy.

Services and Content

Availability

Our Site is available on a 24-hour/7-day-a-week basis, subject to timely downtime for maintenance of the same or any kind of uncalled system updates. We do not guarantee uninterrupted Site access at all times and are not liable for any delay, interruption or downtime.

Content

Although Esmartbizz makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility or liability for changes that take place due to any erroneous human data entry or for any loss that the user had to bear due to the contained information. Also, Esmartbizz does not own or operate any government related services and cannot therefore control or prevent changes in the mentioned descriptions on the Site. Esmartbizz, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.

We suggest not taking any action based on the information mentioned on the Site unless you receive a confirmation from us which we send within 24 hours of your Purchase. If you do not receive a confirmation of your purchase via e-mail, first look into your “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our customer service page.

Viruses

As mentioned earlier, we undertake comprehensive steps to exclude viruses from our Site, however yet we cannot ensure that the Site will be free from viruses or other destructive software at all times. You are advised to take suitable safeguards before downloading information from the Site. We undertake no responsibility for any damages to your PC or any other property that may result from use of Esmartbizzor downloading anything from our Site.

Links to Third Party Sites

The Esmartbizzwebsites may contain links to other websites. The linked sites are not under the control of Esmartbizzand hence, Esmartbizzis not responsible for the content of any linked site, or any changes and updates to a linked site. Esmartbizzoffers such links just for your convenience and it does not entail endorsement of any kind for any of the sites mentioned or any kind of association with the site owners or operators.

Inbound Links

We welcome links from a third party site to the home page of our Site, through a plain text link, provided that

You give Esmartbizz prior written notice of such link by contacting Esmartbizz Customer Service, to request Esmartbizz’s permission to establish the link
You discontinue providing a link to our Site if so requested by Esmartbizz
You do not mean in any manner that Esmartbizz is associated with you and / or is endorsing any of your products or service.
You do not present Esmartbizz in a false light, or provide misleading or false information about Esmartbizz, or its Site or Services
You do not remove or obscure the copyright notices, or other notices on this Site
You do not use any Mark of Esmartbizz; and
You do not duplicate or mirror the content of the Site.

We reserve the right to require you to remove links to the Site, in our sole discretion.

Linking is confined only to the home page unless you have a separate linking agreement with Esmartbizz.

Liability of Esmartbizz

Since Esmartbizzacts only as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall Esmartbizzbe liable for the services provided by the supplier/third party.

Intellectual Property

Ownership Rights

This Site is the sole and exclusive property of Esmartbizzor its licensors. Esmartbizzand its licensors preserve all rights pertaining to copyrights, patents and all other intellectual property rights on the Site. The Site is protected by its right to copyright, trademark, patents through the application of local laws. Any unauthorized use, reproduction or modification of this Site may violate such laws.

Trademarks

ESMARTBIZZ and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Esmartbizzand its Providers. Esmartbizzreserves all rights to download, modify or copy these Marks in any way without prior written consent from Esmartbizz.

Your Comments and Submissions

Any communications or materials you transmit to Esmartbizz, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like (“Communications or Materials”) will be treated as non-confidential and non-proprietary. A voluntary submission from your end or by posting on the Site any Communications or Materials, you grant Esmartbizz, and all users of the Site, a royalty free licence to use and display such Communications in any form, media or technology. We presume no accountability for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We look forward to feedback and suggestions from your end to help improve our services better.

Fees

Esmartbizz reserves the right to charge transaction fees based on certain completed transactions using its services. The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. Esmartbizz further reserves the right to alter any and all fees from time to time, without notice.

Disclaimer of Warranty

Esmartbizz and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an “as is” basis. Esmartbizzand its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be safe and no service will be interrupted and the Content will be precise, complete or timely. The fact that Esmartbizzis including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.

Limitation of Liability

Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to obligatory conditions mentioned by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Third party Suppliers who furnish their products or services through this Site are independent contractors, and not affiliated or employees of Esmartbizz. UNDER NO CIRCUMSTANCES WILL ESMARTBIZZOR ITS PROVIDERS BE ACCOUNTABLE FOR TO ANY PARTY FOR ANY DIRECT OR INDIRECT LOSS FOR ANY KIND OF USE PERTAINING TO THIS SITE OR ANY HYPER LINKED WEB SITE RELATED TO PROVIDERS WHO PROVIDE THEIR PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR HINDRANCE OR (III) THE PERFORMANCE OR NON PERFORMANCE BY THE SITE OR ANY OF THE PROVIDER, OR (IV) ANY LOSS CAUSED BY ANY FAILURE OF PERFORMANCE OR INTERRUPTION OR ANY KIND OF UNSOLICITED VIRUS, MODIFICATION OF, OR USE OF RECORD, EVEN IF ESMARTBIZZ AND THE PROVIDER(S) HAVE BEEN INFORMED OF THE CHANCES OF ANY SUCH LOSS TO SUCH PARTIES OR ANY OTHER PARTY.

Despite the above mentioned limitations, if Esmartbizzor the Provider is still found responsible for any loss which is directly or indirectly connected to the above mentioned events, then the liability amount in no event will exceed a sum of Rs. 5000.

Indemnification

The user agrees to indemnify, preserve and hold not detrimental Esmartbizz and/or any other affiliated websites and their respective lawful descendants from and against any kind of loss, liability, claim, indemnity or any kind of costs asserted against or incurred by Esmartbizzthat is a result of or by virtue of any breach or non-performance of any representation, warranty, contract or agreement made or obligation to be performed by the User in pursuit of this agreement.

Disputes

For any kind of disputes between the Site user and Esmartbizz for issues related to validity, interpretation or implementation of the Site or for assumed breach of any provision of the Terms and Conditions, the dispute will be referred to an individual authority who will be a neutral third party identified by Esmartbizz. The place of arbitration shall be Mumbai. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of India.

User Agreement

Esmartbizz is not responsible for any errors, omissions or descriptions on any of its pages or on any links or on any of the linked website pages. The users are requested to verify the accuracy of all information before undertaking any reliance on such information.

The linked sites are not under the control of Esmartbizzand Esmartbizzis not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Esmartbizzis providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by Esmartbizz.

In case of any dispute between user and Esmartbizz pertaining to the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Esmartbizz. The place of arbitration shall be Pune and the arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of India.

If the user does not agree with any of the disclaimers above, they are advised not to read the material on any of the Esmartbizz pages or otherwise use any of the contents, pages, information or any other material contained on the Esmartbizz websites. The user expressly agrees that use of the services is at their sole risk. The services are provided on an “as is” and “as available” basis. Esmartbizzholds the sole discretion to change the features or functionality of the services at any time.

The information made available on the Site including products and services offered or the software that is used may include typing errors. Changes majorly may be / are made at regular intervals to keep all discrepancies at the bare minimum. Esmartbizz may make developments and/or changes in the Esmartbizzwebsites at any time without any notice to the user. We advice you not to rely on any information received except through an authorised representative of Esmartbizzvia the Site.

The maximum liability on part of Esmartbizz arising under any circumstances, with respect to any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.

In no event shall Esmartbizz and/or its suppliers be liable for any direct, indirect, disciplinary, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Esmartbizz website(s). Esmartbizz will not be responsible for any postponement or incapability to use the Esmartbizzwebsites or services or for any information, software, products, services and related graphics obtained through the Esmartbizzwebsite(s), or otherwise arising out of the use of the Esmartbizzwebsite(s), whether based on contract, tort, carelessness, strict accountability or otherwise. The user understands and agrees that download of any material from the Site is entirely at their own discretion and risk and Esmartbizzwill not be held responsible gor any harm that is an outcome of such downloads.

Provisions of these Terms and Conditions

Prior Terms and Conditions

These Terms supersede any prior EsmartbizzTerms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.

– Modifications of Terms of Use

Esmartbizzis entitled to change the terms and conditions mentioned on the Site, including but not limited to the charges associated with the use of the Esmartbizzwebsite. We request you to regularly review these terms and conditions. Esmartbizzhas attempted to ensure that all the information on the Esmartbizzwebsite is accurate and true, but Esmartbizzneither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. Esmartbizzdisclaims any liability, responsibility or any other claim, whatsoever, with respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in Esmartbizzwebsites.

Written documents

You may preserve these Terms in written form by printing them for your records and you waive any other requirement that these Terms be evidenced by a written document.

– Electronic Notification

You allow and permit us to use the information submitted by you to contact you via any medium including instant messaging, electronics email, etc..

Esmartbizzis responsible only for the transactions that are done by the user through Esmartbizz. Esmartbizzwill not be responsible controlling transactions in any way, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will abide by all applicable rules and laws regarding use of the services.

In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular Esmartbizzwebsite, then these terms shall prevail.

Contact Information

If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Esmartbizz, you may contact our Customer Service department, the information of which is provider in the contact us section of the Site