TERMS AND CONDITIONS
Last updated: 2024-03-1
1. Introduction
Welcome to Smart
Wallet Pay (“Company”, “we”, “our”, “us”)!
These Terms of Service
(“Terms”, “Terms of Service”) govern your use of our website located at www.smartwalletpay.com (together or individually “Service”) operated by Smart
Wallet Pay
Our Privacy Policy also
governs your use of our Service and explains how we collect, safeguard and
disclose information that results from your use of our web pages.
Your agreement with us
includes these Terms and our Privacy Policy (“Agreements”). You acknowledge
that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with
(or cannot comply with) Agreements, then you may not use the Service, but
please let us know by emailing at smartwalletpay@gmail.com so
we can try to find a solution. These Terms apply to all visitors, users and
others who wish to access or use Service.
2. Communications
By using our Service,
you agree to subscribe to newsletters, marketing or promotional materials and
other information we may send. However, you may opt out of receiving any, or
all, of these communications from us by following the unsubscribe link or by emailing
at smartwalletpay@gmail.com.
3. Purchases
If you wish to purchase
any product or service made available through Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including but not
limited to, your credit or debit card number, the expiration date of your card,
your billing address, and your shipping information.
You represent and
warrant that: (i) you have the legal right to use any card(s) or other payment
method(s) in connection with any Purchase; and that (ii) the information you
supply to us is true, correct and complete.
We may employ the use of
third party services for the purpose of facilitating payment and the completion
of Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to
refuse or cancel your order at any time for reasons including but not limited
to: product or service availability, errors in the description or price of the
product or service, error in your order or other reasons.
We reserve the right to
refuse or cancel your order if fraud or an unauthorized or illegal transaction
is suspected.
4. Contests, Sweepstakes and Promotions
Any contests,
sweepstakes or other promotions (collectively, “Promotions”) made available
through Service may be governed by rules that are separate from these Terms of
Service. If you participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a Promotion conflict with
these Terms of Service, Promotion rules will apply.
5. Refunds
We issue refunds for
Contracts within 7 days of the original purchase of the
Contract.
6. Content
Content found on or
through this Service are the property of Smart Wallet Pay or used with
permission. You may not distribute, modify, transmit, reuse, download, repost,
copy, or use said Content, whether in whole or in part, for commercial purposes
or for personal gain, without express advance written permission from us.
7. Prohibited Uses
You may use Service only
for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that
violates any applicable national or international law or regulation.
0.2. For the purpose of
exploiting, harming, or attempting to exploit or harm minors in any way by
exposing them to inappropriate content or otherwise.
0.3. To transmit, or
procure the sending of, any advertising or promotional material, including any
“junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or
attempt to impersonate Company, a Company employee, another user, or any other
person or entity.
0.5. In any way that
infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal,
fraudulent, or harmful purpose or activity.
0.6. To engage in any
other conduct that restricts or inhibits anyone’s use or enjoyment of Service,
or which, as determined by us, may harm or offend Company or users of Service
or expose them to liability.
Additionally, you agree
not to:
0.1. Use Service in any
manner that could disable, overburden, damage, or impair Service or interfere
with any other party’s use of Service, including their ability to engage in
real time activities through Service.
0.2. Use any robot,
spider, or other automatic device, process, or means to access Service for any
purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual
process to monitor or copy any of the material on Service or for any other
unauthorized purpose without our prior written consent.
0.4. Use any device,
software, or routine that interferes with the proper working of Service.
0.5. Introduce any
viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
0.6. Attempt to gain
unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
0.7. Attack Service via
a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action
that may damage or falsify Company rating.
0.9. Otherwise attempt
to interfere with the proper working of Service.
8. Analytics
We may use third-party
Service Providers to monitor and analyze the use of our Service.
9. No Use By Minors
Service is intended only
for access and use by individuals at least eighteen (18) years old. By
accessing or using Service, you warrant and represent that you are at least
eighteen (18) years of age and with the full authority, right, and capacity to
enter into this agreement and abide by all of the terms and conditions of
Terms. If you are not at least eighteen (18) years old, you are prohibited from
both the access and usage of Service.
10. Accounts
When you create an
account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible for
maintaining the confidentiality of your account and password, including but not
limited to the restriction of access to your computer and/or account. You agree
to accept responsibility for any and all activities or actions that occur under
your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
our sole discretion.
11. Intellectual Property
Service and its original
content (excluding Content provided by users), features and functionality are
and will remain the exclusive property of Smart Wallet Pay and its licensors.
Service is protected by copyright, trademark, and other laws of and foreign
countries. Our trademarks may not be used in connection with any product or
service without the prior written consent of Smart Wallet Pay.
12. Copyright Policy
We respect the
intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other
intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright
owner, or authorized on behalf of one, and you believe that the copyrighted
work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to keshavdigitalpayteam smartwalletpay@gmail.com,
with the subject line: “Copyright Infringement” and include in your claim a
detailed description of the alleged Infringement as detailed below, under “DMCA
Notice and Procedure for Copyright Infringement Claims”
You may be held
accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found
on and/or through Service on your copyright.
13. DMCA Notice and Procedure for
Copyright Infringement Claims
You may submit a
notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17
U.S.C 512(c)(3) for further detail):
0.1. an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright’s interest;
0.2. a description of
the copyrighted work that you claim has been infringed, including the URL
(i.e., web page address) of the location where the copyrighted work exists or a
copy of the copyrighted work;
0.3. identification of
the URL or other specific location on Service where the material that you claim
is infringing is located;
0.4. your address,
telephone number, and email address;
0.5. 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;
0.6. a statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
You can contact our
Copyright Agent via email at smartwalletpay@gmail.com.
14. Error Reporting and Feedback
You may provide us
either directly at smartwalletpay@gmail.com or via third party sites and tools
with information and feedback concerning errors, suggestions for improvements,
ideas, problems, complaints, and other matters related to our Service
(“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire
or assert any intellectual property right or other right, title or interest in
or to the Feedback; (ii) Company may have development ideas similar to the
Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the
event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
15. Links To Other Web Sites
Our Service may contain
links to third party web sites or services that are not owned or controlled by Smart
Wallet Pay.
Smart Wallet Pay has no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND
AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY,
FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH
USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR
THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU
TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES
OR SERVICES THAT YOU VISIT.
16. Disclaimer Of Warranty
THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY
PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY
NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. Limitation Of Liability
EXCEPT AS PROHIBITED BY
LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
18. Termination
We may terminate or
suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to terminate
your account, you may simply discontinue using Service.
All provisions of Terms
which by their nature should survive termination shall survive termination,
including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
19. Governing Law
These Terms shall be
governed and construed in accordance with the laws of india, which governing
law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce
any right or provision of these Terms will not be considered a waiver of those
rights. If any provision of these Terms is held to be invalid or unenforceable
by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service
and supersede and replace any prior agreements we might have had between us
regarding Service.
20. Changes To Service
We reserve the right to
withdraw or amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable if for
any reason all or any part of Service is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of Service, or the
entire Service, to users, including registered users.
21. Amendments To Terms
We may amend Terms at
any time by posting the amended terms on this site. It is your responsibility
to review these Terms periodically.
Your continued use of
the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently so you are
aware of any changes, as they are binding on you.
By continuing to access
or use our Service after any revisions become effective, you agree to be bound
by the revised terms. If you do not agree to the new terms, you are no longer
authorized to use Service.
22. Waiver And Severability
No waiver by Company of
any term or condition set forth in Terms shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure of Company to assert a right or provision under
Terms shall not constitute a waiver of such right or provision.
If any provision of
Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of Terms will continue in full force and effect.
23. Acknowledgement
BY USING SERVICE OR
OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS
OF SERVICE AND AGREE TO BE BOUND BY THEM.
24. Contact Us
Please send your
feedback, comments, requests for technical support by email: smartwalletpay@gmail.com.