Legal Framework

Smartcache Networks Private Limited


Introduction

This documents enlist the legal framework for Smartcache Networks Private limited company. The legal framework consists of; Terms and Conditions, Copyrights, Privacy, Cookies and Security policy.  These five legal terms will be published in all software services, web based application, cloud based or mobile based application, hardware services offered by Smartcache Networks Private limited. The Users availing services from Smartcache Networks shall take the opportunity to read it and whoever accepts our services shall be deemed to have read, understood and expressly accepted the terms and conditions of this agreement, which shall govern the desired transaction or provision of such services by Smartcache Networks for all purposes, and shall be binding on the User.

As a new Registered User/ Guest User, this terms and conditions shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘BUY NOW’, ‘Checkout Now’, ‘SUBMIT’, ‘PAY NOW’ button while transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box " and on the ”continue” button or on “ ‘BUY NOW’, ‘Checkout Now’, ‘SUBMIT’, ‘PAY NOW’” button and do not seek to obtain access to or otherwise use the mobile application or Website.

Terms and Conditions


This terms and conditions are effective upon acceptance for those users who accept it through registration of a Smartcache Networks account.


By using the account access service in Smartcache Networks platform, the User authorizes Smartcache and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information


While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.


The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Smartcache immediately in writing of any unauthorized use of their password or account or any other breach of security. Smartcache will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.

The bold and underlined text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with rules and regulations, user agreement and privacy policy for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or list(s) any information or  item that:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or  third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(j) shall not be false, inaccurate or misleading;

(k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. Without prejudice to the generality of the above, Smartcache Networks does not permit transactions in the following items including but not limited to categories as stated in the Prohibited and Restricted Items list

(l) shall not create liability for Smartcache or cause Smartcache to lose (in whole or in part) the services of our ISPs or other suppliers; and

(m) shall not link directly or indirectly to or include descriptions of items, goods or services that:

  • are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under;

  • are concurrently listed for sale on other web sites, stores other than the mobile application.

As you are not expected to deal with property not belonging to you, you represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the mobile application or Website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.


Fees

Smartcache Networks reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Smartcache Networks further reserves the right to alter any and all fees from time to time, without notice and User shall pay accordingly. If on account of inability of user, he/she is unable to make full use of
services or for any other reason Smartcache Networks Pvt Ltd shall not be obliged to repay or refund the charges received from the user.


The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.

In case, there is a short charging by Smartcache Networks for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by users.


You release and indemnify Smartcache Networks and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Smartcache Networks cannot control the information provided by other Users, which is made available on the mobile application or Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe selling/buying when using the mobile application and or Website. Please note that there may be risks in dealing with foreign nationals, minors or people acting under false pretense.

Breach of agreement

Without limiting other remedies, Smartcache Networks may limit your activity, immediately remove your information or bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

1. If you breach the User Agreement or Privacy Policy, Buyer or Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporated herein by reference;

2. If Smartcache Networks is unable to verify or authenticate any information you provide; or

3. If it is believed that your actions may cause legal liability for you, other Users or Smartcache Networks, Smartcache Networks may at any time at its sole discretion suspend Users. A User that has been suspended or blocked may not register or attempt to register with Smartcache Networks or use the Website in any manner whatsoever until such time that such User is reinstated by Smartcache Networks. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Smartcache Networks reserves the right to recover any amounts due and owing by you to Smartcache Networks and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Limitation of Liability, Indemnify and Release

In no event shall Smartcache Networks or its suppliers, buyers, sellers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Mobile Application or Website, its services or this agreement (however arising, including negligence).

You shall indemnify and hold harmless Smartcache Networks, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, terms and condition or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

In the event of users or merchants dispute Smartcache Networks shall not be involved in any manner.

Claims

If any claim arises due to a dispute or product purchased it shall lie against the vendor and not be against Smartcache Networks.

Tax Liability

The user shall be responsible to pay and bear any or all taxes, levies as may be exigible by law.

No Warranty

Smartcache Networks and its suppliers, affiliates and service provider provide the Mobile Application or Website in "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Mobile Application or Website is at your risk.

Arbitration and notices

If any dispute arises between you and Smartcache Networks during your use of the Mobile Application or Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision User Agreement, Terms and Condition, and Buyer or Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be identified and appointed by Smartcache Networks. The place of arbitration shall be in Mangaluru and the language of arbitration shall be in English.


Any notices shall be given by registered postal mail to

SMARTCACHE NETWORKS PRIVATE LIMITED

Attn: Legal Department

Registered Office: D Nos.7-115/4 & 7-115/5, IDDYA VIARD

COMPLEX, IDDYA, SURATHKAL, MANGALURU – 575014,

KARNATAKA, INDIA.

None of the provisions of the User Agreement or terms and condition shall be deemed to constitute a partnership or agency between you and Smartcache Networks and you shall have no authority to bind Smartcache Networks in any manner whatsoever. 

Copyrights

If Smartcache Networks provides you with information about another user, you agree that you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

All the contents viewed under the educational service and Music & Art service are copyrighted material. Reproduction, copying, printing or photography, tampering and altering the material in any form of any part or whole is prohibited. You are further notified that you cannot include any of the material in your presentations, sites or application without specific written approval from the company. Criminal copyright infringement, infringement without monetary gain will be pursed and is punishable and not limited to imprisonment.

DO NOT COPY ANY OF THE VIDEOs, Photos & Presentations.

For any questions please write to us at copyrights@smartcachenet.com

REWARDS PROGRAM

The goal of this optional program is to introduce loyalty program at the individual business level via the SmartCache platform. This is one-one customer to store loyalty program with SmartCache platform being the enabler. SmartCache is no way responsible for reward point validity date or the cash value allocation. It is solely between the merchant and the customer. All disputes should be taken between directly with the merchant/Business owner/professional.

Smartcache networks or its affiliates should not be held responsible for any un-used or elapsed points due to user or system negligence or oversight. The issue needs to be resolved between user and merchant based on the mutual understanding.


SHIPPING SERVICES

The goal of this optional program is to introduce local shipper via the mysales tab to merchants. The Merchant would have to vet with the shipper the terms he has advertised and select him based on his requirement. Merchant/Business owner/professional would have to purchase all required insurance and provide other documents required for delivery service personal to transport the goods to destination. Merchant/Business owner/professional would be allowed to rate the shipper and based on this feedback his standing on the platform would be weighed.

Smartcache networks or its affiliates should not be held responsible for any damaged goods or goods stolen due to shipper or system negligence or oversight. The issue needs to be resolved between shipper, user and merchant based on the circumstances of the issue.


FORCE MAJEURE

For the purpose of the terms and condition Force Majeure shall mean:

Smartcache Networks shall not be liable for delays or inabilities in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, Rebellion, revolution, insurrection, military or usurped power or civil war, Riot, commotion or disorder, War and other hostilities including terrorist activities, (whether war be declared or not) invasion, act of foreign enemies, mobilization, requisition or embargo, Earthquake, flood, fire or other natural physical disasters except to the extent that any such disaster is caused by, or its effects contributed to by, the party claiming force majeure.

Privacy

We collect, process, and retain personal information from you and any devices (including mobile devices) you may use when you: use our Services, register for an account with us, provide us information on a web form, update or add information to your account, participate in community discussions, chats, or dispute resolution, or when you otherwise correspond with us regarding our Services.

We use the personal information we collect to: provide and improve our Services, provide you with a personalized experience on our sites (especially, by offering you services and items that you may like), contact you about your account and our Services, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate, and investigate fraudulent or illegal activities.

We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws.th national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted or required by applicable national laws.

When you are in a transaction with another user, we enable you to obtain or we may provide you with the personal information of the other user (such as his/her name, account ID, email address, contact details, shipping and billing address) to complete the transaction. We encourage you to inform the other user about your privacy practices and respect his/her privacy. In all cases, you must give the other user a chance to remove himself/herself from your database and give him/her a chance to review what information you have collected about them.

You may use the personal information that you have access to only for Smartcache networks transaction-related purposes, or for other services offered through our platform and for purposes expressly consented by the user to whom the information relates. Using personal information of other users that you have access to for any other purpose constitutes a violation of our user terms and conditions.

Third Party Privacy Practices

This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, or if you are directed to a third party website, their privacy notices and practices will apply.

We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies of your trading partner before entering into a transaction and choosing to share your information. This is true even where the third parties to whom you disclose personal information are buyers or sellers or bidder on our service.



Android permissions & iOS Permissions:

Device & App history: We need your device permission to get information about your device, like OS (operating system) name, OS version, mobile network, hardware model, unique device identifier, preferred language, etc. Based on these inputs, we intend to optimize your access to sales advertisements, use OS specific capabilities to drive great experiences using components of device’s OS, etc.

Identity: This permission enables us to know about details of your account(s) on your mobile device. It helps in targeting adds based on your interests. It also allows facilitating your Facebook and Google+ login.

Location: This permission enables us to give you the benefit of location specific deals and provide you a personalized experience. When you launch our app to look for sales, deals we auto-detect your location to your nearest Airport or City. Your options are personalized based on your locations and can be changed from the settings menu.

SMS: If you allow us to access your SMS, we read your SMS to autofill or prepopulate ‘OTP’ while making a transaction and to validate your mobile number. This provides you a seamless purchase experience while making a booking and you don’t need to move out of the app to read the SMS and then enter it in the app.

Phone: The app requires access to make phone calls so that you can make phone calls buysers or sellers and our customer contact centers directly through the app.

Contacts: If you opt in for contacts permission, it enables us to provide a lot of social features to you such as sharing purchases with your friends, inviting your friends to try our app, send across referral links to your friends, etc. We will also use this information to make recommendations for sales, promotion offer. This information will be stored on our servers and synced from your phone.

Photo/ Media/ Files: The libraries in the app use these permissions to allow sales map data to be saved to your phone's external storage, like SD cards. By saving sales map data locally, your phone doesn't need to re-download the same data every time you use the app. This provides you a seamless experience, even on low bandwidth network. You may have the option to download sales maps with the wifi only option.

Wi-Fi connection information: When you allow us the permission to detect your Wi-Fi connection, we optimize your experience such as more detailing on sales maps, better resolution of images.

Device ID & Call information: This permission is used to detect your Android ID through which we can uniquely identify users. It also lets us know your contact details using which we pre-populate specific fields to ensure a seamless experience.

Calendar: This permission enables us to put sales maps based on your calendar to specific location.


Cookies

Cookies are small pieces of information that are stored by your browser on your device's hard drive. Cookies are only read by the server that placed them, and are unable to do such things as run programs on your computer, plant viruses or harvest your Personal Information. The use of cookies is very common on the Internet.

Samrtcache Networks use of cookies is similar to that of any other reputable online companies. No personally identifiable information (PII) about you (e.g., name, address, etc.) is gathered or stored in the cookies placed by a website or mobile site and, as a result, none can be passed on to any third parties. Cookies allow us to serve you better and more efficiently, and to personalize your experience at our website and mobile site. Samrtcache Networks uses cookies to personalize your experience on the website and mobile site, and with respect to advertisements.

As to the personalization of experience, these types of cookies allow you to log in without having to type your log - in name each time (only your password is needed); we may also use such cookies to display an advertisement to you while you are on the Website or mobile site or to send you a ‘best day to buy email (or similar emails - assuming you have not opted out of receiving such emails) focusing on destinations in which we think you might be interested. None of this information is passed to any third party, and is used solely by us to provide you with a better user experience on the Website and mobile site.

A cookie may also be placed by our advertising server. Such cookies are used only for purposes of tracking the effectiveness of advertising served by us on our website and mobile site and no PII is gathered from you by the use of these cookies, nor is this information shared with any third parties. Similarly, a cookie may be placed by our third - party advertising companies or advertisement providers or servers. These companies may use aggregated statistics about your visits to our websites or mobile sites in order to provide advertisements about travel - related goods and services that you may be interested in or any goods and services of potential interest to you. The information they collect does not include your PII.

The third - party advertising companies or advertisement providers may also employ technology that is used to measure the effectiveness of ads. Any such information is anonymous. They may use this anonymous information about your visits to our websites in order to provide advertisements about goods and services of potential interest to you. No PII is collected during this process. The information is anonymous, and does not link online actions to an identifiable person.

Most Web browsers automatically accept cookies. Of course, by changing the options on your web browser or using certain software programs, you can control how and whether cookies will be accepted by your browser. Samrtcache Networks supports your right to block any unwanted Internet activity, especially that of unscrupulous websites. However, blocking Samrtcache Networks cookies may disable certain features on the website and mobile site, and may make it impossible to purchase or use certain services available on the website and mobile site. Please note that it is possible to block cookie activity from certain websites while permitting cookies from websites you trust.

Security Policy

We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. We do not tolerate abuse of our Services. You do not have permission to add other users to your SMS list, mailing list (email or postal), call, or send him/her text messages for commercial or other purposes, even if this user purchased something from you, unless the user has given his/her explicit consent. Sending unwanted or threatening email and text messages is against our user terms and conditions policy. Any such abuse may result in terminating your account with Smartcache Networks. To report Samrtcache Networks related such abuse please email security@smartcachenet.com.



Summary

This document will be reviewed as frequently as necessary and updated as per the current terms, laws and condition of the markets. In case of  any deficiency is found or request for enhancement  presents itself then the terms would be updated accordingly and published in all the services and software offered by Smartcache Networks Private limited