terms & conditions

Terms of Service

The website is owned by Websmyle India and it reserves the right to operate, edit, revise, and update the site at any time. To know more about the Terms of Service (TOS), feel free to contact us at support@websmyle.com. By agreeing to the “Terms and Conditions” including registering for a Merchant Account, we deem that you have fully understood the terms and conditions, which are not subject to negotiation. 

We like to state that we do not collect or maintain data from people under the age of 18. Hence, if you happen to be below 18 and above 13 years of age, do let your parents read, understand and agree to our terms of service and privacy policy.  

Please understand that the terms and conditions agreed by you will be included in any future contract we might enter with you. You are therefore requested to read and understand them fully before clicking on the checkbox of “Terms and Conditions”.

The terms and conditions form part of a legal agreement between the ‘Website’ or ‘Site’ and have the following:

  • Websmyle Wallet holder(s), which includes ‘you’ the user; 
  • Any business establishment that has accepted the use of this wallet by customers to purchase any of its product or service;
  • Any browser like ‘you’ the user

The Websmyle Agreement 

Please understand that we can modify the terms and conditions at any time without any prior notice whatsoever. If you continue to use the website following any modification, we deem it as your concurrence regarding the modified terms and conditions. The terms would include any future disclaimers or policies that are applicable in general or to the specific areas/service of the website. We reserve the sole rights to allow access or use of the website. 

The agreement complies with as well as, is governed by the stipulated provisions of the below mentioned Indian laws that include but is limited to:

  • The Indian Contract Act of 1872,
  • The Information Technology Act of 2000, and
  • the regulations, rules, clarifications, and guidelines present therein, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules of 2011, and the Information Technology (Intermediaries Guidelines) Rules of 2011.

Approval of Terms

Before using the website please understand the terms and conditions to their fullest extent, for the same will be applicable to you as a user consequent upon your use. We would request you to terminate any account with us or leave our site should you not agree to the terms and conditions mentioned therein. Please understand any information obtained or received from Websmyle or its team, partners, contractors, sponsors, or advertisers is for purely information and scheduling purposes only.

Please note the Website, through any of the information, does not offer any professional advice and should not be considered as such. Please use the information at your own risk only. 

The conditions you must satisfy before being considered as a valid user are: 

  • You should be of legal age (above 18) or
  • Debarred from using or receiving the services under Indian laws or the laws of other countries. Here, the countries include the one in which you are residing or using the services. 

I hereby give my consent to Websmyle to collect personal information on my behalf to be given to the PSUs and Government agencies. 

Information Presentation/Editorial Control 

Please be informed that we offer our services to users and merchants through our website. Our editorial team might review any information posted by users even though we are not obliged to do so.  

Importantly, we do not guarantee the timeliness and accuracy of the information (overall or specific). The author, publisher, editorial team, or any other party involved in the creation or publication of the information do not guarantee its accuracy nor is/are responsible for any errors, omissions or the results gathered from the use of such information.  

Use of Services and Information on the Website 

You may have to provide personal information related to your identification, contact number or payment in order to access our site or continuation of the use of certain services through registration. Please understand that any personal information provided by you should always be accurate, true, complete, and up to date. Also, the phone number provided by you should be registered in your name and you should be in a position to provide supporting documents related to it as and when sought by the Website. 

By accessing the Website or by using our Services, you agree:

  • Not to use the information provided on the Website for any unlawful or unauthorised purposes
  • Not to access or attempt to access any information provided by us on our Website except from our interface unless you have entered into a specific agreement with us to do so
  • Not to engage in any activity that disrupts the services, servers or networks
  • Not to copy, reproduce, sell, transfer, resell or trade the information provided on the Website for any purpose
  • to own sole responsibility for any breach of the terms and conditions and face consequences for any loss or damage suffered by Websmyle on account of the breach
  • Not impersonate any other person while accessing or using our services
  • To use the data and information as laid down in our Privacy Policy

Content You Post Or Submit  

By creating an account on our Website you can post, communicate and share information with our team. While doing so, do not use any inappropriate language or make personal innuendos and comments. Also, during any interaction with us please provide information in a concise manner to enable us to respond in a better way.

Please note that

  • You are responsible for any post or comment that you have submitted on the Website or have sent to our team or other users
  • You will not reproduce, copy, or replicate any copyright/proprietary/trademark/intellectual property related information without the prior consent of the owner of such information
  • You will not post any information alluding it to be endorsed or sponsored by Websmyle
  • You understand Websmyle might review or delete any information that in its sole judgement might breach the terms and conditions or may harm the interests of other users of the Website or of any other person

Please read the following list (partial) of posted content that Websmyle deems offensive, illegal or prohibited and reserves the right to investigate and take legal action in addition to removing the content and terminating/blocking the membership of the violator. 

  • Transmission of spam or unsolicited emails
  • Harasses or allows the harassment of other person(s)
  • Misleading, obscene, offensive, blasphemous, libellous and blatantly false
  • Sexually explicit in nature
  • Encourages money laundering and gambling
  • Threatens the unity, integrity and sovereignty of India

No Warranties

We do not claim to entertain warranties expressed or implied including but not limited to the following:

  • The Website will operate without any disruption, delay, or errors. We do not take responsibility for any delay or interruption on account of the inadequacy or failure of internet service provider, firewall, network, power supply etc. 
  • Your ability to access the Website or use its services
  • Any bug or error in the Website will be corrected
  • Our services to be compatible with all broadband or mobile services
  • Our team will be liable for any information error or delay in service

Termination of Services 

We may be constrained to terminate our services in consequence to your actions included but not limited to the ones mentioned below:

  • Impersonating some other person or entity with a view to mislead others about the identity of the content creator
  • Impersonating Websmyle, its team member(s) or services
  • Owning a content and transmitting the same that was created, sponsored and endorsed by our team
  • Providing or transmitting any content that might be harmful to the interests of Websmyle, its promoters, shareholders, members, or other users
  • Adding a content on Websmyle’s system that contains viruses, trojans, or malware with an aim to disrupt, interrupt or limit the functioning of the site or any of its equipment
  • Collecting and storing personal data of other users

  • Creating user accounts by using automated programs or under false names

Spamming  

You will not use any contact information provided by us to send or help send unsolicited communication like spam. Also, you will not allow others to use your account for this purpose. In the event of doing so, we may be constrained to terminate your membership or take legal action. 

General Limitation of Liability and Indemnification 

  • In any dispute with us related to the use or inability to use of our Website, our cumulative liability shall not exceed the sum of Rs.1000/- (Rupees One Thousand only). We do not accede to any claims pertaining to the loss of reputation, data, goodwill, or any commercial loss whatsoever on the grounds of knowing the possibility of such losses or damages
  • You hereby indemnify Websmyle or its team from any loss, liability, damages, costs, or expenses arising out of your using the services of the website or violating any of its terms and conditions

General 

  • You agree to receive emails, texts, and SMS from us from time to time and allow us to use your personal information like email and contact number to send commercial messages to you. Please understand that receiving such emails, texts or SMS is a condition of using our website and its services. 
  • Using the services of Websmyle is free of charge. However, you may have to pay for the charges of your mobile and internet service provider.

Conduct on Websmyle 

You should not use the services of Websmyle to

  • Upload, share or transmit objectionable, obscene, offensive, libellous and blasphemous material. The material should not depict weapons, violence, drugs or pornography
  • Stalk, harm or harass others
  • Upload any unauthorised advertisement, promotional material, offers, chain letters, pyramid schemes, giveaways, or sweepstakes
  • Upload any content that is violative of rights such as proprietary, intellectual property, trademark, and copyright
  • Upload content that may contain virus, trojan, malware, data mining robots, or any other harmful computer codes in order to breach the security or disrupt and limit the functioning of Websmyle and its services
  • Remember your ID and password and do not forget to log off at the end of your session
  • You are solely responsible for the interaction with other users and any consequence arising out of such interactions

Safety and Security

  • We do not undertake any background check as of now. However, we may do so at any given point in time by using records available in the public domain. By agreeing to the Terms of Service, you have given your consent to any such checks. 
  • If you are under the age of 18, we encourage you to discuss with your parent(s) or guardian(s) about the risks of online social behaviour including opening an account on Websmyle. 

Content 

  • The term ‘content’ refers to all types of data, images, videos, pictures, audio, music, posts, and messages that are uploaded publicly or transmitted privately. You are solely responsible for uploading any content, its accuracy, rights, usefulness, and quality and we don’t take any responsibility of the content or any issue, loss or damages arising out of it. 
  • You understand that we may delete the content from Websmyle if we deem it inappropriate, offensive or in violation of our terms and conditions.
  • You will not copy, reproduce, duplicate or publish any content that does not belong to you. 

Our Proprietary Rights

The content on Websmyle contains proprietary information that is protected by laws related to intellectual property. You should not access the Website in any other way except through the interface provided by us.

We May Contact You

You agree to receive our communication through text messages, email or phone related to promotional, administrative, security or other services. In order to stop receiving any communication from us you have to delete your account. 

Availability of Service

We may modify, update, suspend or discontinue (temporarily or permanently) the services of Websmyle without giving any prior notice. 

Dealings with Advertisers

Your communication, participation or dealing with advertisers in the promotion, buying or selling of any of their products or services are solely between you and the advertisers. We undertake no responsibility for any loss or damages arising out of such a participation. We are not liable to pay you any compensation for the failure of advertisers in providing you with products and services ordered by you. 

Third Party Links

We are not responsible for any offer, links or services provided by third parties. We have no control over the websites the links of which have been provided by third parties. We are not liable for the damages or loss suffered (if any) on account of your engaging with third parties. 

Exclusions and Limitations

Our exclusions and limitations adhere to the extent permitted by law. 

Governing Law and Dispute Resolution

We operate by adhering to the appropriate Indian laws. If you happen to access our services from an area that is outside the jurisdiction from where we operate and control our website, you are solely responsible for complying with the local law. 

Indemnity

You will indemnify us or any of our associates, affiliates, employees, sponsors, partners, and subsidiaries from any loss arising out of your actions of violations of the terms and conditions. 

Disputes and Arbitration

Please note that any dispute arising out of the use of our services will be resolved by arbitration and not through litigation. The arbitration proceedings related to any past, present or future issue shall be limited to the Indian jurisdiction only. 

Our Contact Information

If you have any question regarding the terms and conditions as described above, please contact us through contact@websmyle.com / support@websmyle.com.