Terms of Service & Privacy Policy

 

1. General

In terms of the Information Technology Act, 2000, this document is an electronic record which is being generated by a computer system and it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of SmartSevak.

This Website by the URL www.smartsevak.com is owned and operated by SJ ENTERPRISES (hereafter referred to as, “Company”), a company with its registered office at D-16B, Janpath Shastri Nagar, Jaipur, Rajasthan. The expressions “We”,“Us”, “Our”, “Website”shall mean Smartsevak(name of co.) or its affiliates or agents. The Company is engaged in the business of information and technology (IT) services and is the owner of developed software and original business methods which are related to virtual and/or cloud communication services. Smartsevak("us", "we", or "our") operates the www.Smartsevak.com website and provides chatbot development services, web/whatsapp automation and also appointment automation services (referred to as the "Service" in this policy). The Company operates various websites and other services including but not limited to delivery of information and content via any mobile or internet-connected device or otherwise (collectively the “Services”). These terms and conditions (“Terms of Use”) apply to your use of this Website. By accessing or otherwise using the site You agree to be bound by these Terms of Use. Any membership accounts You may create by registration on this Website and/or purchase or avail any product or service available through this Website are governed by these Terms of Use. We reserve the sole discretion of updating these Terms of Use from time to time without prior notice. Your continued use of the Website post any update to these Terms of Use would mean acceptance on your part to the amendments made herein.

 

SJ ENTERPRISES on behalf of itself and its affiliates/group companies under the brand "Smartsevak" (“Smartsevak”), is the author and publisher of the internet resource www.smartsevak.com and the mobile application ‘Smartsevak’ (together, “Website”). Smartsevak owns and operates the services provided through the Website.

 

2. User Registration

A “Customer” is anyone who purchases SmartSevak products or services. When a Customer purchases retail products or services for use by others, those individuals also may be considered Customers for purposes of this Policy.

User

A “User” is anyone who visits our websites.

Use of the Service and Site

●     SmartSevak provides conversational bots as a service (“Service”).

●     Smartsevak provides appointment automation solutions to healthcare institutions like clinics and hospitals as a service (“Service”).

●     Smartsevak provides web/whatsapp automation solutions to organizations on the requirement basis.

●     Subject to your compliance with the Terms of Service and solely during the subscription term of your account, you have the limited right to access and use the Service in accordance with the service plan(s) that you subscribe to for your internal business purposes. Without limiting the foregoing, your right to access and use the Site is also subject to the restrictions and policies implemented by SmartSevak from time to time.

Personal Information

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on this Website and can avail our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India. You would be required to sign up on the Website by providing certain personal details such as name, e-mail address, telephone number, relationship status and mailing address. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that you have provided such information, then the Website may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and the services (or any portion thereof) permanently. When you sign up on this Website, your personal information will be registered automatically in our database which will be maintained and used by the Website in accordance with the Privacy Policy.
Substantial Delay in Activation of Services: We endeavour to activate a user-account in no later than 7 working days of receiving the payment. The following set of limitations is applicable in achieving these timelines: The timeline can get delayed based on the delay from the User’s end in providing the requisite documents mandatory for the activation of services. These may include, but are not limited to User agreements, ECS agreement form etc. The timeline can also get delayed based on the changes made by the customer after the initial script and other setting requirements have changed. For script recording in regional or international languages/accents, the timelines can get delayed by 7-10 working days. National holidays and non-working days are not considered in the timeline to activate services.

Information Collection and Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

●                    Email address

●                    First name and last name

●                    Phone number

●                    Address, State, Province, ZIP/Postal code, City

●                    Cookies and Usage Data

We may also collect information on how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.  However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

●  Session Cookies. We use Session Cookies to operate our Service.

●  Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

●  Security Cookies. We use Security Cookies for security purposes.

●  SmartSevak uses the collected data for below purposes:

o    To provide and maintain the Service

o    To notify you about changes to our Service

o    To allow you to participate in interactive features of our Service when you  choose to do so

o    To provide customer care and support

o    To provide analysis or valuable information so that we can improve the Service

o    To monitor the usage of the Service

o    To detect, prevent and address technical issues

3. Termination

You may deactivate your membership account at any time and We reserve all rights to deny access and to suspend or terminate your access to the Website without providing prior notice, for any reason, including violation of any of these Terms of Use by You. In case of termination/ abeyance /suspension of the User’s account/ services due to non-payment or non-renewal of services, or depletion of coins from the User’s accounts, then We will not be held liable for the same and Our obligations will not extend to those instances.

4. Plans

Pre-Paid Plans: The User has the option to renew Services at any period after the expiry of the initial term period, but not exceeding a period after two-months as follows: During the period after expiry of the term for one month the User shall have the option to renew the complete Services with the previous number and the service plan, provided the display number is still available with Us During the period after expiry of the term and beyond the one month mark before the expiry of two-months the User shall have the option to renew services to the prior number - without a guarantee of the previous service plan.

5. Privacy Guidelines

For the purposes of User registration, You will be required to choose a password and You shall provide accurate information while creating your account on Our Website. You are responsible for maintaining the confidentiality of your password. We reserve all rights to access, share, communicate, convey, and disseminate some or all of the customer-specific information to the extent it is permissible under the applicable laws in India, in order to provide better services to the Users. We store and protect your personal information including sensitive financial information, if collected, by employing adequate and reasonable security measures in accordance with Information Technology Act, 2000 and the Rules thereunder.

Provision of personal data to third parties

We will only share personal data with third parties where we are legally permitted to do so. We do not provide information to third parties for their own marketing purposes and we do not undertake mailings for third parties. Where we transfer personal data to third parties, we will put in place appropriate contractual arrangements and seek to ensure that there are appropriate technical and organisational measures in place to protect personal data. We may provide personal data to:

●     Third parties involved in the performance of services – we may also share personal data to third party organisations who assist us in providing services to clients or are otherwise involved in the services we provide to clients.

●     Third parties who provide IT services, data processing or functionality – we use third party providers to support our business and the provision of services to our clients, such as cloud-based software providers, web hosting/management providers, data analysis providers, and data back-up and security/storage providers. We may transfer personal data to such third parties.

●     We use third-party Service Providers to monitor and analyse the use of our Service. Google Analytics is a web analytics service provider to us, relevant privacy policy is available here.

●     Auditors and advisers – we may transfer personal data to our auditors and advisers as required by law or as reasonably required in the management of our business.

●     Third parties where required by applicable law and regulation – we may be requested or compelled to disclose personal data to third parties such as regulators and law enforcement agencies. We will only provide personal data to such parties where there is a legal requirement or permission to do so.

 

Data Retention

We will only keep personal data for as long as necessary for the purposes for which it was collected, or as required by applicable law or regulation.

Unless there are any overriding legal, regulatory or contractual requirements, we will retain records of services provided (which may include personal data) in accordance with our document retention policy.

 

6. Use of Content

A variety of information, text, graphics, data and other materials (“Content”) is available on the Website. The Content available on the Website shall be used solely for your non-commercial use and/or to benefit from the products, services intimated on the Website. No right, title or interest in any Content is transferred to you, whether as a result of downloading or reproducing such Content or otherwise. The Website reserves complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website or the service. You may not use any Content available via the Website in any other manner or for any purpose without the prior written permission of the Website. All rights not expressly granted in this Terms of Service are expressly reserved to Us. The Website may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.

7. Payment for Services

You agree to employ any of the electronic or other modes of payment available against the fee you make to our Website (i.e., net banking, debit cards, credit cards, prepaid wallet, other electronic means). You understand and acknowledge that We are expressly authorized to collect, process, facilitate and remit this fee made electronically by You. For Pre-Paid plans, usage charges will be ongoing and deducted from the credits purchased at the commencement of the plan. The invoice(s) submitted by Us shall be subject to inspection and verification by the User and any discrepancies therein shall be brought to Our notice within 7 days of receipt of the invoice(s). If necessary, We shall modify and provide an amended invoice(s) and the User will make the payments as per the modified invoice(s). Taxes will be added as applicable.

●        A valid credit card, debit card or bank account is required for paying accounts. Free accounts are not required to provide a credit card number.

●        An upgrade from a free trial to any paid plan will end your free trial.

●        The Service is billed in advance on a yearly basis. If a user chooses to subscribe for an annual pricing plan, he/she can subscribe by paying complete 12 months fees in advance.

●        Even though we charge users only once a year; any overage charges will be charged at the end of the subsequent month.

●        All the monthly limits related to orders will be reset at the end of every month.

●        If a user upgrades to a higher plan during the middle of the year; user will be charged the price difference of two plans for the remainder of the year.

●        The user cannot downgrade to a lower plan in the middle of an annual billing cycle.

Modifications to the Service and Prices

●        Smartsevak 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.

●        Pricing plans of the Service, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.

●        SmartSevak shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

8. Resolution and Escalation Matrix

We will strive to resolve any delay in Services delivery. Users can write to Us at [email protected] for any query or concern. We will address this concern within 48 hours. To ensure timely resolution when User escalates its concern, User must mention the ticket number received from support.SmartSevak.com; and, a brief summary on why the resolution provided so far has not been satisfactory. Certain issues, depending on their nature, would require testing and observation over multiple days. This can increase the resolution time for the User. However, We assure that Our team will be working on these issues diligently throughout and will keep the User updated on the progress. For raising a ticket please send us a mail at [email protected] with your problems. Please mention the accountId shares with you in the communication mails. We will address the User’s concern within 48 working hours. National holidays and non-working days are not considered in the timeline.

9. Refund Policy

1.       In case, where We have failed to provide the services as per the agreement, we shall be liable to refund for the said services.

2.       We will only be liable to refund the part of services unused by the client.

3.       Refund is subject to justifiable reasons for the said unused services.

4.       In the absence of plausible cause, no refund claims will be entertained once service acceptance is received from the user. Also, We will not be liable to refund the User in cases of force majeure or outages where We do not have a control over the resolution time, for eg. Outages at the end of our Telecom Partners, Cloud Partners, Internet Services Providers or Internet Hackers.

 

10. Prohibited Use of the Website

In accessing any part of our Website, you agree:

1.       not to use our Website in such a way that disrupts, interferes with or restricts the use of our site by other Users;

2.       not to reverse engineer, de-compile, copy or adapt any software or other code or scripts forming part of our Website; and

3.       not to change, modify, delete, interfere with or misuse data contained on our site and entered by or relating to any third party user of our Website.

4.       material contained in our site must not be reproduced or exploited for commercial gain. All other rights are reserved and users must seek our permission before making any other use of material contained in our Website.

5.       not to use the Website and its solutions for purposes that are unlawful or prohibited under law. The User acknowledges that the IT Solutions include the use of telephonic resources and thereby are required to use them in compliance with applicable laws and regulations of the Telecom Regulatory Authority of

6.       India and the Department of Telecommunication.

7.       not to use the Website in any manner that may damage, disable, overburden, or impair the services of SmartSevak, telephonic numbers and servers, or the network(s) connected to any User server.

 

11. Communication

You consent to receive communications from us by way of e-mails, phone calls and SMS’s with respect to your transactions on our Website. Users will be required to register their valid phone numbers and e-mail addresses to facilitate such communication. We may also use your e-mail address to send You updates, newsletters, changes to features of the Service, and the like to provide You better Services.

12. Disclaimer of Warranties and Liability

You understand and acknowledge that You are availing our Services and transacting on our Website at your own risk. We shall neither be liable nor responsible for any actions or inactions of the User. We further expressly disclaim any warranties, conditions, representation and stipulations (express or implied) in respect of quality, reliability, accuracy, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products displayed or transacted on our Website.

13. Indemnity

You agree to indemnify, defend and hold harmless SJ ENTERPRISES and its affiliates, agents, employees, directors, officers, agents, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by  SJ ENTERPRISES that arise out of or otherwise relating to your use of the Website, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, you agree to hold  SJ ENTERPRISES harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the Website, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or your violation of any rights of another, including any intellectual property rights. Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

 

14. Limitation of Liability

The Website and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the Content available on the Website. 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. You specifically acknowledge that the Website and its affiliates are not liable for any defamatory, offensive or illegal conduct by the User or any third party. Additionally, in no event the Website will or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the Website or its Content; the cost of procurement of substitute services, provided by the Website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the Website; or any other matter relating to the Website. These limitations will apply whether or not the Website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

15. Disclaimer

The Website expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties in relation to materials posted on the Website and are not intended to amount to advice on which reliance should be placed without verification by the user. The Website disclaims all liability and responsibility arising from any reliance placed on such materials on the Website, or by anyone who may be informed of any of its contents. No warranties are made that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Website makes no warranties as to the accuracy, or reliability of any information provided through the Website.

16. Waiver

Any failure on our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

17. Governing Law and Dispute Resolution

The present Terms of Use shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by a single arbitrator mutually appointed by both parties. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration and Conciliation Act 1996 or any statutory enactment thereof. Any arbitration shall be confidential, and neither You nor We may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award; the award of which is binding on both parties. All administrative fees and expenses of arbitration will be divided equally between You and Us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The seat of arbitration shall be Jaipur and all proceedings shall be conducted in English/Hindi.

18. Contact Information

If you have any questions or concerns with respect to this Terms of Use or the Website or any information contained on thereon, you may contact us by writing to us at [email protected].