Terms of Service

Acceptance

iSmartta provides services and products on this Website, subject to the following terms and conditions. You should read the Terms of Service (“TOS”) carefully before using this Website and the Services and Products available to you on this website. By accessing or using the Website, the Services, and the Products (collectively, “Services”), you agree to be bound by these terms and conditions. If you do not agree with or accept any of these terms, you should cease accessing or using the Services immediately.

Modification

iSmartta reserves the right to update these terms and conditions, and the information, the products, and the services mentioned at any time, at its sole discretion, without prior notice. The most recent version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our Website pages.

Privacy Policy

iSmartta is committed to protecting your privacy all the time. Your use of the Services is also subject to iSmartta's  Privacy Policy  (the “Privacy Policy”), which is incorporated by reference and made a part of the TOS. It is important that you read and understand the terms of our Privacy Policy.

Account Registration

iSmartta provides different Services to you via the website and the iSmartta products. Services are available to you upon registration. You agree to provide truthful and accurate account information, including but not limited to a valid email address and password (collectively, your “Account Information”). You may not be required to provide some or all of the Account Information if you register through one of our social networking partners, such as Facebook, LinkedIn, etc.

By creating or registering an account for using our Services, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.

You understand that it is your obligation to keep the details of your iSmartta Account Information confidential. All activity under your account is your responsibility. If you ever discover or suspect that someone has accessed your account without your permission, please notify us at  support@ismartta.com  as soon as possible so that we can revoke your account and replace it with a new one.

You may not use as a username the name of another person or entity that is not lawfully available for use or 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.

Product Description

We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the Service, we do not guarantee that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Use License

This is the grant of a license, not a transfer of title, and under this license, you may not:

1. Attempt to decompile or reverse engineer any software contained on iSmartta's pages;

2. Remove any copyright or other proprietary notations from the materials;

This license shall automatically terminate if you violate any of these restrictions and may be terminated by iSmartta at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

Restrictions on Use

This Website may be accessed from all around the world, so it is your responsibility to assess whether using the Website, products, or services is in compliance with your local laws and regulations. Whenever you use the Website, products, or services, you must comply with these terms and conditions, applicable laws, regulations, and policies. iSmartta reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions.

You understand that the Services on the Website should not be misused. iSmartta may take appropriate measures to protect the Services from being misused or used to harm someone.

As a condition of your use of this Website and any of the Services, you agree not to

Use the Website for any purpose that is illegal under applicable law or banned by the terms and conditions of the TOS;

Defame or disparage any other person, both legal and physical, or make obscene, derogatory, or offensive comments, or otherwise use this Website and/or the Services or their content in a way that brings iSmartta or any third party into disrepute or makes iSmartta liable to any third party;

Download, post, reproduce, share, store, or distribute pornographic, obscene, or sexually explicit information, or anything that contains links to adult websites.

Download, post, reproduce, share, store, or distribute content that is derogatory or malicious, such as references to or commentary on racial, sexual, or gender identity or expression, national or ethnic origin, or other specific groups.

Send, share, or distribute anything that is excessively repetitious, unwelcome, uninvited, or constitutes 'spam' or bulk commercial email.

Send, post, or transmit over the Services any illegal, hateful, threatening, insulting, or defamatory content.

Send, post, or transmit over the Services any content which infringes on intellectual property rights; invades privacy; or incites violence.

Download, upload, post, reproduce, or distribute any content protected by copyright or any other proprietary right without the owner of the proprietary content’s permission.

Create derivative works from, or exploit in any way, this Website and/or the Services or their content.

Use this Website and/or the Services to distribute viruses or malware or other similar harmful software code.

Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).

Attempt to compile, utilize, or distribute a list of IP addresses operated by iSmartta in conjunction with the Services.

Act in any manner that could damage, disable, overburden, or impair any iSmartta server, or the networks connected to any iSmartta server, or interfere with any other party’s use and enjoyment of this Website and the Services.

Attempt to gain unauthorized access to this Website and/or any Services, other accounts, computer systems or networks connected to any iSmartta server or to any Web Properties and/or Services, through hacking, password mining or any other means.

Circumvent storage space restrictions.

Use the Services as the infrastructure for your own cloud service or as a backup for your own cloud service.

Use the storage space provided by the Services as the basis for encrypted space, storage, or any similar proof system.

iSmartta reserves the right, at its sole discretion, to respond to violations of these Terms by taking appropriate action, which may include removing or blocking access to the content stored via our Services, suspending a user's usage of the Services, or terminating an account without prior notification.

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and, therefore will not be divulged to any third party other than our employees and, if legally required to do so to the appropriate authorities. Clients have the right to request sight of and copies of any and all Client Records we keep on the provision that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue the Client with appropriate written information, handouts, or copies of records as part of an agreed contract for the benefit of both parties. We provide you with an option to view all your information held by us at your request.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Payment

If you wish to purchase any product or service made available through The Company (“Payment”), you may be asked to supply certain information relevant to your Payment including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.You represent and warrant that:

(i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Payments; and

(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 Payments. By submitting your payment information, you understand that we may share that information with these third parties subject to our Privacy Policy. Your Payments is not confirmed until you receive a confirmation email from us or our third-party payment services. In particular, we reserve the right to reject your Payments due to product or service unavailability, or if fraud or an unauthorised or illegal transaction is suspected.

Canceling & Termination of Your Account

You can cancel your account at any time.

iSmartta may terminate and/or delete your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section “Warranty Disclaimer” (see Section 'Disclaimers' below).

Deletion of offending accounts

It is forbidden to upload, record, generate, and share pornographic, violent and other illegal content. We will permanently block your account once we find it.

Digital Millennium Copyright Act

We respect the intellectual property rights of everyone and expect our customers to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the details of which can be found on the U.S. Copyright Office website

at  https://www.copyright.gov/legislation/dmca.pdf , We will seriously respond to claims of copyright infringement committed using the iSmartta Services if such claims are reported to us. We also reserve the right to take actions, in appropriate circumstances, to block or limit access to our Services, remove or disable content alleged to be infringing, and terminate accounts of users who infringe any intellectual property rights of others. If you believe that any content uploaded or made available on our platform infringes upon any copyright which you own or control, please send a notice to  support@ismartta.com  with the information required below.

1. Your full legal name and your physical or electronic signature.

2. Identify of the copyrighted work that you believe to have been infringed, or provide a representative list of the copyrighted works if multiple works are involved.

3. Identify the material or link or the precise location you believe to be infringing so that we can find the material.

4. Provide your email address so that we can contact you when needed.

5. Include both of the following statements in the body of the Notice:

1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use)”.

2. “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

If you fail to provide all the requested information above, your DMCA notice may not be effective.

Please be aware that you may be held legally responsible for any damages (including costs and attorneys' fees) under Section 512(f) of the DMCA if you intentionally misrepresent that content or activity is infringing your copyright.

Links to Third Party Websites

Certain links contained on this Website and/or the Services that refer to other websites of third parties are not in control of iSmartta. We do not make any representations or warranties of any kind, express or implied, as to the operation included on other websites. The names of actual companies and products on those websites may be the trademarks of their respective owners. Your access through our Services to any website, service, or content provided by third parties does not indicate any relationship between iSmartta and such third parties. These links are provided to you only as a convenience.

Partner Services

iSmartta may from time to time provide promotional offers for partner services, applications, or websites (“Partner Services”) as an added benefit to the Services. The Partner Services are not integrated or incorporated with the Services, and your interaction with any Partner Services are governed by their own applicable terms. iSmartta will never share your personal information with any provider of Partner Services.

iSmartta does not guarantee and is not responsible or liable for the behavior, features, or content of Partner Services or any transaction you may enter into with any provider of Partner Services, nor does iSmartta warrant the compatibility or continuing compatibility of the Services with Partner Services

Log Files

We use IP addresses to analyze trends, administer the site, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns, and troubleshooting purposes, our web servers automatically log standard access information, including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to- know basis. Any individually identifiable information related to this data will never be used in any way different from that stated above without your explicit permission..

Intellectual Property

All content ('INFORMATION') on this website, including all the text, design, layout, software (including any source code), and other works are protected by copyright. The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing, or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property. Except as specifically permitted, no portion of this Website may be distributed or reproduced by any means, or in any form, without iSmartta’s prior written permission. Permission to use content may be granted on a case-by-case basis. For more information about obtaining permission, please contact us. We reserve the right to immediately remove you from the Service without refund or restrict you from access to the Site if you are caught violating this intellectual property policy..

All products and services, including logo and words referred on this Website are trademarks or intellectual property right of iSmartta. The iSmartta.com domain and its subdomains are owned and operated by iSmartta. Any rights not expressly granted herein are reserved.

© 2023 iSmartta. All rights reserved.

“AS IS” BASIS

THE WEBSITE, THE iSmartta APPLICATIONS AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE DOWNLOAD OF THE iSmartta APPLICATIONS AND/OR ANY USE OF THE WEBSITE, THE iSmartta APPLICATIONS AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE, LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF THE iSmartta APPLICATIONS AND/OR USE OF THE WEBSITE, THE iSmartta APPLICATIONS AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, iSmartta DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. iSmartta MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE iSmartta APPLICATIONS AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND iSmartta DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER

iSmartta MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE iSmartta APPLICATIONS AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR- FREE. WITHOUT PRIOR NOTICE, iSmartta MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE iSmartta APPLICATIONS AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE iSmartta APPLICATIONS AND/OR THE SERVICES. IF iSmartta ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE iSmartta APPLICATIONS AND/OR THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

YOUR INFORMATION

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE iSmartta APPLICATIONS IS AT YOUR OWN RISK. iSmartta DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

THIRD PARTY CONTENT

SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE iSmartta APPLICATIONS MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT iSmartta ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.

Changes To Service

We reserve the right to withdraw or modify our Service, and any service or material we provide through the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict your access to some parts of the Platform, or the entire Platform..

Limitations of Liability

UNDER NO CIRCUMSTANCES ARE WE, OUR AFFILIATES, OR OUR SUPPLIERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS.

IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE OR SERVICES, OR US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS iSmartta, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, AND SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, PARTNERS, AND AGENTS, FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT. WE MAY, AT OUR SOLE DISCRETION, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. THE ASSUMPTION OF SUCH DEFENSE OR CONTROL BY US, HOWEVER, SHALL NOT EXCUSE ANY OF YOUR INDEMNITY OBLIGATIONS.

Governing Law and Dispute Resolution

The terms of this TOS shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, excluding its rules governing conflicts of law. Any purchases made through any of iSmartta’s online stores will be governed by this TOS and Terms of Sale applicable to that purchase. Most customer concerns can be resolved through iSmartta’s online support center. In the event that iSmartta is unable to resolve a complaint to your satisfaction, please send a notice to  support@ismartta.com .

Error Reporting and Feedback

You may provide us directly at  support@ismartta.com  with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Platform (“Feedback”).

You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectua property rights or other rights, title, or interest in or to the Feedback; (ii) we may use the Feedback to improve the Platform or any other technology; (iii) we may have development ideas similar to the Feedback; (iv) the Feedback does not contain confidential information or proprietary information from you or any third party; and (v) we are not under any obligation of confidentiality concerning the Feedback.

You hereby grant iSmartta and its affiliates an exclusive, transferable, irrevocable, free-of-charge, royalty-free, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgency, insurrection, riot, civil unrest, the act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein. Data loss or damage caused by force majeure will not be compensated.

Final Provisions

If any provision in this TOS is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this TOS shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this TOS shall not constitute a waiver of such right or provision.

Acknowledgement

BY USING THE SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM..

Contact Us

Should you have any questions concerning this notice, or if you desire to contact iSmartta for any reason, please email us at  support@ismartta.com .