ACCEPTANCE OF TERMS
SmartAgent welcomes you. SmartAgent provides its service to you subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without notice
to you. You can review the most current version of the TOS at any time at. In addition,
when using particular SmartAgent owned or operated services, you and SmartAgent
shall be subject to any posted guidelines or rules applicable to such services,
which may be posted from time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. SmartAgent may also offer other services that are governed
by different Terms of Service.
DESCRIPTION OF SERVICE
SmartAgent is a policy management system for agents or agencies with access to various
features like plan management, customer & their policy management, premium paid
process management, SMS alerts etc. You understand and agree that the Service may
include certain communications from SmartAgent, such as service announcements, administrative
messages and the SmartAgent Newsletter, and that these communications are considered
part of SmartAgent membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features which augment or enhance the
current Service, including the release of new SmartAgent properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS" and that
SmartAgent assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service, and that access may involve third-party
fees (such as Internet service provider, landline phone, mobile phone, airtime charges).
You are responsible for those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of SmartAgent Services, you represent that you are
of legal age to form a binding contract and are not a person barred from receiving
services under the laws of India or other applicable jurisdiction. In consideration
of your use of SmartAgent Services you may choose to provide your contact information
to SmartAgent. If you provide any information that is untrue, inaccurate, not current
or incomplete, or SmartAgent has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, SmartAgent has the right to suspend
or terminate your account and refuse any and all current or future use of the Service
or any portion thereof.
PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy
Policy. For more information, see our full privacy policy at. You understand that
through your use of the Service you consent to the collection and use (as set forth
in the Privacy Policy) of this information, including the transfer of this information
to India and/or other countries for storage, processing and use by SmartAgent and
its affiliates.
REFUND & CANCELLATION POLICY
Currently we are selling only digital goods and we don't have any refund or cancellation
option available. Organizations can unsubscribe our services any time.
SHIPPING & DELIVERY POLICIES
Once you complete the registration; you immediately receive an approval mail or
sms and then customers can start using our services.
PAYMENT PROCESS
Once a customer completes the registration and confirms and agrees to the Terms
& Conditions, the customer can pay from the account section. Customers can pay by
payment gateway or do Bank transfer or do payment transfer by BHIM app.
Referral Program
Customers can sell the software to other insurance agents, For that customer needs
to register with other agents registration from their account and when agents subscribe
and do payment then as per Referral program customer can get 299 Rs/Year (subject
to agents yearly renewal). Your referral pending amount will be clear on every sunday.
MEMBER ACCOUNT AND SECURITY
You may choose a password and account designation upon completing registration for
services. You are responsible for maintaining the confidentiality of the pin, password
and account and are fully responsible for all activities that occur under your account.
You agree to immediately notify SmartAgent of any unauthorized use of your account
or any other breach of security, and ensure that you exit from your account at the
end of each session. You also understand that the SMS services that we provide are
transactional in nature and are supposed to be used only for educational notification
purposes. Under no circumstances the SMS service to be used for Marketing or advertising
purpose. You will be solely responsible for any litigation, fines or penalty that
arises out of misuse of the SMS or any other service of SmartAgent. SmartAgent reserves
the right to terminate your account with or without any prior notice if any of its
officers/employees find the breach of terms of the service by you. SmartAgent can
not and will not be liable for any loss or damage arising from your failure to comply
with this Section ("MEMBER ACCOUNT AND SECURITY").
MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not SmartAgent, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. SmartAgent does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will
SmartAgent be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SmartAgent official,
forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters", "pyramid
schemes", or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause phone equipments to behave in an unexpected
way, or otherwise act in a manner that negatively affects other users' ability to
engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
- intentionally or unintentionally violate any applicable local, state, national or
international law.
- provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated
by the India government as a any kind of terrorist organization ;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs a through m above.
- Send SMS and emails for other than educational notification and communication with
your registered users/students.
You acknowledge that SmartAgent may or may not pre-screen Content, but that SmartAgent
and its designees shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, or move any Content that is available via the Service. Without
limiting the foregoing, SmartAgent and its designees shall have the right to remove
any Content that violates the TOS or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by SmartAgent
or submitted to SmartAgent.
You acknowledge, consent and agree that SmartAgent may access, preserve and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service; or
- protect the rights, property or personal safety of SmartAgent, its users and the
public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve
- transmissions over various networks; and
- changes to conform and adapt to technical requirements of connecting networks or
devices.
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by SmartAgent and/or content providers
who provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON SmartAgent NETWORK
You acknowledge that in using SmartAgent services to exchange electronic communications
(including but not limited to email, search queries, sending messages to SmartAgent
or invitation to non-members, uploading photos and files to SmartAgent, and other
Internet activities), you will be causing communications to be sent through SmartAgent's
computer networks and SmartAgent partner's infrastructure, portions of which are
located in Pune and New Delhi in the India and portions of which are located abroad.
As a result, and also as a result of SmartAgent's network architecture and business
practices and the nature of electronic communications, even communications that
seem to be intrastate in nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of transmission. Accordingly,
by agreeing to this Terms of Service, you acknowledge that use of the service results
in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from India or the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
SmartAgent does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant SmartAgent
the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to continue to include
such Content on the Service and will terminate at the time you remove or SmartAgent
removes such Content from the Service.
- With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service, the perpetual,
irrevocable and fully sub licensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such Content (in
whole or in part) and to incorporate such Content into other works in any format
or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the SmartAgent network
of properties that are intended by SmartAgent to be available to the general public.
By way of example, publicly accessible areas of the Service would include Photos
and Profiles that are open to both members and visitors, such as but not limited
to front page, help etc. However, publicly accessible areas of the Service would
not include portions that are limited to members, SmartAgent services intended for
private communication such as phone calls, or areas off of the SmartAgent network
of properties such as portions of World Wide Web sites that are accessible via hypertext
or other links but are not hosted or served by SmartAgent.
INDEMNITY
You agree to indemnify and hold SmartAgent and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that SmartAgent may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
your posting, or other uploaded Content will be retained by the Service, the maximum
disk space that will be allotted on SmartAgent's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that SmartAgent has no responsibility
or liability for the deletion or failure to store any content and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
SmartAgent reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that SmartAgent reserves the right to modify
these general practices and limits from time to time.
MODIFICATIONS TO SERVICE AND CHARGES
SmartAgent reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that SmartAgent shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. You agree that SmartAgent
may from time to time revise the rates for the services and functionalities it provides,
with or without intimating you. The services such as SMS and email communication/notifications
that you purchase explicitly or are included in SmartAgent packages (such as, but
not limited to, Monthly and Yearly Gold Packages), may at any time be discontinued,
changed, charged extra for usage or rates can be changed for the unused/remaining
SMS/emails quantity. As the charges of these facilities may some time dependend
on the external factors beyond SmartAgent control such as but not limited to changes
in Government policies or Telecom providers rates.
TERMINATION
You agree that SmartAgent may, under certain circumstances and without prior notice
, immediately terminate your SmartAgent account, any associated call ids, and access
to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities, and/or
- nonpayment of any fees owed by you in connection with the Services.
Termination of your SmartAgent account includes
Further, you agree that all terminations for cause shall be made in SmartAgent's
sole discretion and that SmartAgent shall not be liable to you or any third party
for any termination of your account, any associated ids, or access to the Service.
DEALINGS WITH MEMBERS and ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
members and advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that SmartAgent shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
SmartAgent'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by SmartAgent or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
SmartAgent grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided that you do
not (and do not allow any third party to) copy, modify, create a derivative work
from, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, nor to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface that is provided
by SmartAgent for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. SmartAgent AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SmartAgent AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE PROCUREMENT OF ANY
SUCH MATERIAL OR INFORMATION.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SmartAgent
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SmartAgent AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SmartAgent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE LIMITATIONS OF ABOVE TWO SECTIONS MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
NOTICE
SmartAgent may provide you with notices, including those regarding changes to the
TOS, by email, regular mail or postings on the Service.
TRADEMARK INFORMATION
The SmartAgent, SmartAgent logo, trademarks and service marks and other SmartAgent
logos and product and service names are trademarks of SmartAgent (the "SmartAgent
Marks"). Without SmartAgent's prior permission, you agree not to display or use
in any manner the SmartAgent Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
SmartAgent respects the intellectual property of others, and we ask our users to
do the same. SmartAgent may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
SmartAgent's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim
has been infringed;
- a description of where the material that you claim is infringing is located on the
site;
- your address, telephone number, and email address;
- a 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;
- a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
SmartAgent's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail:
Copyright Agent
c/o SmartAgent
B-10, Super Tex Tower,
Opp-Kinnery Cinema, Surat, (Gujarat),India
GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and SmartAgent
and governs your use of the Service, superseding any prior agreements between you
and SmartAgent with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other SmartAgent
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and SmartAgent
shall be governed by the laws of Pune, India without regard to its conflict of law
provisions. You and SmartAgent agree to submit to the personal and exclusive jurisdiction
of the courts located within Pune, India.
Waiver and Severability of Terms. The failure of SmartAgent to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your SmartAgent
account is non-transferable and any rights to your postings or contents within your
account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the TOS must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.