Privacy Policy And Terms Of Use
We value our
relationship with you and in order to honor the same, Smart Bit Educational
Services (“we”, “us”, “our”, “Smart Bit”) adheres to
the ethical standards in gathering, using, and safeguarding any information
you provide.
This privacy policy (“Privacy Policy”)
governs the use of the www.smartbit.in, a web and mobile based application,
website: smartbit.in/,
and other associated products, services, applications (collectively referred to
as “Services”) managed by us and used by the users ( “User”,
“you”, “your”). This Privacy Policy applies to all the Services
provided by us and doesn’t apply to any third-party websites, services or
applications, even if they are accessible through our Services.
Please read this
Privacy Policy carefully before availing our Services.
Purpose of Privacy
Policy
The purpose of this
Privacy Policy is to explain how we gather, use, store and disclose the
information provided by the User at the time of downloading or registering for
the Services, owned and controlled by us. We are committed to protecting the
User’s privacy.
User Information
When the User creates
an account with us, registers itself with us, updates or changes the information,
we collect certain information to identify the user. The User generally
provides us the following:
The said information
collected from the Users could be categorized as ‘Personal Information’, and
‘Sensitive Personal Information’. For the purpose of this Privacy Policy
the term ‘Personal Information’ and ‘Sensitive Personal Information’,
will bear the same meaning as defined under the Information Technology
Act, 2000 (“IT Act”) read with Information Technology (Reasonable
security practices and procedures and sensitive personal data or information)
Rules, 2011 (“Data Protection Rules”) and shall be collectively referred
to as “Information”.
We may use the
Information collected form the Users from time to time as required, to provide
the User with the Services, offers, promotions and other important Information
related to the Services etc.
Information collected
automatically
In addition to the
above mentioned Information, we may receive and store certain types of
information, including but not limited to, IP address, User’s mobile operating
system, browser, search terms, cookies, information about the way the User uses
the Services, etc. We analyze this information to improve and enhance our
Services, by expanding their features and functionality and tailoring them to
our Users’ needs and preferences.
We use an outside
payment processing company to bill you for availing our Services. These
companies do not retain, share, store or use personally identifiable
information for any other purpose.
How we use the
information collected
Only smartbit has the right to the Information given by the
Users. We use the information provided by the Users to analyze trends, to
conduct research, to administer our Services, to learn about each User’s
learning patterns and movements around the Services. We will use the
Information to improve the quality of our Services continuously so as to make
it more useful for the User’s.
We will never sell or
otherwise pass on the User’s private information to any third party without
User’s consent, except as set forth in this Privacy Policy:
We may use the
Information to provide you with the technical assistance as and when required.
We will occasionally
send email notices or contact you to communicate about our upgraded and new
Services.
Security
We take reasonable
security measures to protect the Information that we collect from the Users
from unauthorized access, use or disclosure. We provide adequate safeguards to
protect Information we collect, process and maintain. For example, we limit
access to the Information to authorized employees only who need to know that
Information in order to operate, develop or improve our Services. Please be
aware that, although we endeavor to provide reasonable security for Information
we process and maintain, no security system can prevent all potential security
breaches.
How long we retain
data collected from the User’s
Currently, we plan to
retain user data while an account is active and for at least 3 years afterward.
We may alter this practice according to legal and business requirements. For
example, we may lengthen the retention period for some data if needed to comply
with law or voluntary codes of conduct. Unless otherwise prohibited, we may
shorten the retention period for some types of data if needed to free up
storage space.
Notifications
We may send you alerts
and notifications by email or phone (through sms/call)
to inform you about new Service offerings or other information which we feel
might be useful for you.
User’s Consent
We believe that, every
User of our Services must be in a position to provide an informed consent prior
to providing any Information required for the use of the Services. By
registering with us, the User expressly consents to our collection, processing,
storing, disclosing and handling the Information provided, as set forth in this
Privacy Policy now and as amended by us.
Processing, the User’s
Information in any way, including, but not limited to, collecting, storing,
deleting, using, combining, sharing, transferring and disclosing information,
all of which activities will take place in India. If you reside outside India,
your information will be transferred, processed and stored in accordance with
the applicable data protection laws of India.
Changes to the Privacy
Policy
As the Company
evolves, our Privacy Policy will need to evolve as well to cover new
situations. Any information that we collect is subject to the Privacy Policy in
effect at the time such information is collected. We may, however, modify and
revise this Privacy Policy from time to time.
Questions
Please contact us
at contact@smartbit.in if you have any questions or complaints
regarding this Privacy Policy.
Please note that,
unless we define a term in these Terms, all capitalized words used in these
Terms shall have the same meanings ascribed to it in our Privacy Policy.
These Terms, which may
be modified from time to time, governs User’s access to and use of the Services
and contents and constitute a binding legal agreement between you and smartbit. By using the Services, the User agree to follow
and be bound by the Terms concerning User’s use of our Service. We may revise
these Terms at any time without giving any prior notice to the User.
The User acknowledges
and agrees that, by accessing our Services, by accessing any content from or
through the Services, or by registering for an account and submitting User’s
credit or debit card information (including information of any other payment
mode), the User is indicating that the User has read, understood and agree to
be bound by, the Terms, whether or not the User has registered for our
Services. If the User do not agree to the Terms, then the User have no right to
access or use the Services.
Please read these
Terms carefully, and contact us if you have any questions.
Intellectual Property
Rights
Smartbit
shall have the exclusive proprietary ownership and rights over all the content,
information, material, trademarks, services marks, trade names and trade secrets,
whether registered or unregistered, including but not limited to the software,
text, images, graphics, video, script and audio or any other material available
on the Services provided by us (“Contents”). The User acknowledges and
agrees that all the Services and Content therein, including all associated
intellectual property rights, are the exclusive property of Smartbit.
General Terms
Eligibility
Persons who are
‘competent or capable’ of contracting within the meaning of the Indian Contract
Act, 1872 shall be eligible to register for our Services. If a minor wish to
register, subscribe or use our Services, then such use permissible only through
the legal guardian or parents of such minor. In the event a minor utilizes
our Services, it is assumed that such use is made available to the minor by the
legal guardian or parents.
Liability
The User acknowledges
and agrees that, to the maximum extent permitted by law, the entire risk
arising out of its access to and use of our Services Content remains with you.
Neither Smartbit nor any other person or entity
involved in creating, producing, or delivering the Services, or Content will be
liable for any incidental, special, exemplary or consequential damages,
including loss of profits, loss of data or loss of goodwill, service
interruption, computer damage or system failure or the cost of substitute
products or services, or for any damages for personal or bodily injury or
emotional distress arising out of or in connection with these terms or from the
use of or inability to use of the Services or Content, whether based on
warranty, contract, tort (including negligence), product liability or any other
legal theory, and whether or not Smartbit has been informed of the possibility of such
damage, even if a limited remedy set forth herein is found to have failed of
its essential purpose.
Indemnification
The User agrees to
defend, indemnify and hold harmless Smartbit, its
officers, directors, employees, contractors, service providers and agents, from
and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney’s fees)
arising from:
This defense and indemnification
obligation will survive these Terms.
Entire Terms
These Terms constitute
the entire and exclusive understanding and agreement between Smartbit and the Users regarding the Services. Further,
these Terms supersede and replace any and all prior oral or written
understandings or agreements between Smartbit and the
User regarding the Services.
Termination and
Account Cancellation
If the User breaches
any of the Terms, Smartbit will have the right to
suspend or disable your account and membership or terminate these Terms, at its
sole discretion and without any prior notice to the User .
Assignment
The User cannot assign
or otherwise transfer the obligations under these Terms, or any right granted
hereunder to any third party. The Smartbit’s rights
under these Terms are freely transferable by the Smartbit
to any third parties without the requirement of seeking the User’s consent.
Changes and amendments
to the Terms
Unilaterally, from
time to time, Smartbit has the right to modify the
Terms when necessary. If the User continues to use any of the Services after
the Terms have been modified, it will be considered that they have agreed with
all relevant changes. While using the Services, the User should check
periodically for the latest revised contents and conscientiously abide by this
Terms of the latest version of the individual service. If the User doesn’t
approve the modification and content of the new amendment, he must immediately
stop using the Services.
Smartbit
reserves the right to modify or interrupt services without further notice to
the User. The User accepts that Smartbit may exercise
the right to modify or interrupt services, and Smartbit
will not need to be responsible to the user or
third parties.
Arbitration and
Governing Law
The validity,
performance, interpretation and dispute settlement of this Terms and any
non-contractual obligations arising out of or in connection with it shall be
governed by the laws of India;
Any dispute arising
out of the content or enforcement of this Terms shall first be settled by the
concerned parties through friendly consultation. If the aforesaid dispute
cannot be resolved by the parties within 30 (thirty) days of such dispute
arising, then the dispute shall be resolved by way of arbitration pursuant to
the provisions of the Arbitration and Conciliation Act, 1996 or any statutory
modification or re-enactment thereof. The seat and venue of the arbitration
shall be at Delhi i.e. the place where the corporate office of Smartbit is situated. Subject to aforesaid arbitration
provisions, either party may initiate a lawsuit over such dispute in the
relevant Court of India with jurisdiction at Delhi i.e. the place where the
corporate office of Smartbit is situated.
Notice
All notices served by Smartbit shall be provided via email provided by the Users
or as a general notification on the Services. Any notice to be provided to Smartbit should be sent to:
Name |
Smart Bit Computers |
Address |
Above MRF
Tyre Showroom, |
E-mail |
The User acknowledges
that, Smartbit has given User a reasonable
opportunity to review the Terms and that the User agreed to the Terms. Smartbit provides the Terms so that the Users are aware of
the terms and conditions that apply to use of the Services.
Disclaimer
The information and
contents published on our platform is meant for general information purpose
only. The Services and Contents are provided on ‘as is’ basis without making
any representation or warranties of any kind, either express or implied. Smartbit may make improvements and/or changes herein at any
time. Smartbit makes no representations about the
accuracy of the information contained in the documents and graphics on this web
site for any purpose.
Smartbit
makes no warranty that Services or Content will meet your requirements or be
available on an uninterrupted, secure, or error-free basis. No advice or
information, whether oral or written, obtained from our Services or Content,
will create any warranty not expressly made herein. Therefore, any reliance you
place on the information or Content available on our Services, is strictly at
your own risk.
We will make every
possible effort to keep the Services running smoothly. However, Smartbit will be not liable if the Services are being
temporarily unavailable due to any issues beyond our control.