These Terms of Service are a contract between you and iSmartCommerce, a company with its principle place of business in India. iSmartCommerce operates www.iSmartCommerce.com (“iSmartCommerce Site”) and the screen questionnaire document generation, collection and storage services therein (collectively the “Service”). By using the iSmartCommerce Site and any services accessible from the iSmartCommerce Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
iSmartCommerce reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification to these Terms of Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services
If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the iSmartCommerce Site or the Service. Violation of any of the terms below will result in the termination of your right to use the iSmartCommerce site, and any account that you may have created as part of the service. You agree to use the iSmartCommerce site at your own risk.
One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.
License Grants & Restrictions
iSmartCommerce hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the iSmartCommerce Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the iSmartCommerce Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the iSmartCommerce Site. All rights not expressly granted to you are reserved by iSmartCommerce and its licensors. You shall not (i) modify or make derivative works based upon the iSmartCommerce Site; (ii) reverse engineer or access the iSmartCommerce Site or Service in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the iSmartCommerce, or (c) copy any features, functions or graphics of the iSmartCommerce Site or Service. You further acknowledge and agree that, as between the parties, iSmartCommerce owns all right, title, and interest in and to the iSmartCommerce Site and Service, including all intellectual property rights therein.
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the iSmartCommerce Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify iSmartCommerce immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to iSmartCommerce immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the iSmartCommerce Site, including, without limitation, modems, hardware, server, software, internet browsers, operating system, networking, web servers, long distance and local telephone service, but excluding the iSmartCommerce Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the iSmartCommerce Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
As a condition to your use of the iSmartCommerce, you agree not to:
Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;
Phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the iSmartCommerce Site;
Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Use any manual or automated software, devices, or other processes to “crawl,” “spider” or “screen scrape” any web pages contained in the iSmartCommerce Site;
Reverse engineer, decompile or disassemble any of the software used to provide the iSmartCommerce Site;
Reproduce, duplicate or copy or exploit any other portion of the iSmartCommerce Site, without the express written permission of iSmartCommerce;
Interfere with or disrupt the iSmartCommerce Site, or any servers or networks connected to the iSmartCommerce Site, or disobey any requirements, procedures, policies or regulations of networks connected to the iSmartCommerce Site;
Obtain, collect, store or modify the personal information about other users;
Modify, adapt or hack the iSmartCommerce Site or falsely imply that some other site is associated with the iSmartCommerce Site or iSmartCommerce; or
Use the iSmartCommerce Site or Service for any illegal or unauthorized purpose. You must not, in the use of the iSmartCommerce Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
iSmartCommerce will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the iSmartCommerce Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which iSmartCommerce is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the iSmartCommerce Site by iSmartCommerce; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
In the course of using the iSmartCommerce Site, you may create certain launch screens, background templates, graphics or quesitonnaires and load or post such documents into the iSmartCommerce Back Office for other users. By making such documents available in the Back Office, you hereby grant to iSmartCommerce a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works and exploit your contribution in connection with iSmartCommerce operation of the iSmartCommerce Site.
In the course of using the iSmartCommerce Site, you may provide iSmartCommerce with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the iSmartCommerce Site (collectively “Feedback”). You hereby grant iSmartCommerce a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
Payment, Refunds, Upgrading and Downgrading.
A valid credit card is required for paying accounts. The iSmartCommerce Site is billed in advance on a monthly/yearly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
You will be billed for your first month (or year, depending on account type) immediately upon signing up for a paying account. After signing up for a paying account and you don’t cancel that account before the renewal date, you will be billed monthly (or annually, depending on your plan) starting on the 30th day after your account was initially created. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged monthly the new rate.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
Violation of these Terms of Service.
iSmartCommerce reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. iSmartCommerce may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that iSmartCommerce has no obligation to pre-screen or monitor your access to or use of the iSmartCommerce Site or any information, materials or other content provided or made available through the iSmartCommerce Site, but has the right to do so. You hereby agree that iSmartCommerce may, in the exercise of iSmartCommerce sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
iSmartCommerce reserves the right to terminate any inactive aaccount that has not logged in for 6 months.
iSmartCommerce, in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case iSmartCommerce may refuse to provide you any current or future use of the iSmartCommerce Site, or any other iSmartCommerce service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from iSmartCommerce once your account is terminated; however iSmartCommerce may for a time retain residual information in our backup and/or archival copies of our database.
iSmartCommerce reserves the right to refuse service to anyone for any reason at any time.
Modifications to the iSmartCommerce Site and iSmartCommerce.
iSmartCommerce reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the iSmartCommerce Site and Service (or any part thereof) with or without notice.
Prices of all iSmartCommerce Sites, including but not limited to monthly and yearly subscription plan fees to the iSmartCommerce Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the iSmartCommerce Site.
iSmartCommerce shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the iSmartCommerce Site.
iSmartCommerce reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current iSmartCommerce Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the iSmartCommerce Site after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership.
We claim no intellectual property rights over the material you provide to the iSmartCommerce Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any content. iSmartCommerce does not pre-screen content, but iSmartCommerce and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the iSmartCommerce Site.
Disclaimer of Warranties.
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE ISMARTCOMMERCE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. ISMARTCOMMERCE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ISMARTCOMMERCE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ISMARTCOMMERCE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE ISMARTCOMMERCE SITE WILL BE CORRECTED. ISMARTCOMMERCE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. ISMARTCOMMERCE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ISMARTCOMMERCE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ISMARTCOMMERCE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TOOLS AND CONTENT ON THE ISMARTCOMMERCE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL ISMARTCOMMERCE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR ISMARTCOMMERCE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF ISMARTCOMMERCE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR ISMARTCOMMERCE SITE, FROM INABILITY TO USE THE SERVICES OR ISMARTCOMMERCE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR ISMARTCOMMERCE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ISMARTCOMMERCE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ISMARTCOMMERCE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall iSmartCommerce or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of India, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of iSmartCommerce.
Updated – 14 May, 2015