CoreEmbedded Technologies Private Limited, a company incorporated under the laws of India, having its registered office at [D-202, Exotica East Square, Ahinsa Khand-2, Indirapuram, Ghaziabad-201014, India](“Company”)is offering the Services (defined hereinafter) through its website www.smarteefi.com (“Smarteefi Site”) and the Smarteefi software, including Smarteef Mobile Application (“Smarteefi App”).
For the purposes of these Terms, the following terms shall have the meaning prescribed to therein:
“Device” means the hardware device sold by the Company having a unique identification code, which is in the nature of multi-plug electrical extension board. The manner of usage of the device and the installation requirements shall be as prescribed by the Company.
“Service” means the service offered by the Company wherein a User can remotely access, operate and control the electrical and electronic equipments connected to the Device through the Smarteefi Site and /or Smarteefi App.
“User” / “Subscriber”means any person or entity who is a lawful of a Device sold by the Company and who registers or proposes to register itself on the Smarteefi Site and / or Smarteefi App to avail the Service.
1. ACCEPTANCE TO THE AGREEMENT
Your use of the Facilities shall be subject to your acceptance, confirmation and ratification of the Agreement. If the terms of the Agreement are acceptable to you, please click on the ‘I Agree’ at the end of this page.
Further, your use of the Facilities as well as of information, content, tools, features and functionality located on Smarteefi Site and /or Smarteefi App constitutes your agreement, ratification and acceptance and to be bound by the Agreement, as amended from time to time.
2. USAGE OF THE FACILITIES
Your right to access and use the Smarteefi Site and /or Smarteefi App and the Service is personal to you and is not transferable by You to any other person or entity. You are entitled to access and use Smarteefi Site and /or Smarteefi App only for lawful purposes.
Your access and use of Smarteefi Site and /or Smarteefi App and Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Smarteefi Site and /or Smarteefi App or other actions that Company, in its sole discretion, may elect to take. The Company may not always be able foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings or other service interruptions. The Company does not assume any responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
The access to the Smarteefi Site and Smarteefi App is free of cost. Use of the Service shall be subject payment of such fee as may be prescribed by the Company from time to time (“Fee”) and in such manner as indicated. The Fee shall be exclusive of the service tax.
The Company shall have the sole right to prescribe the Fee for Services and to revise the same from time to time. The Company shall have the right to prescribe different Fee and subscription plans for different types of Users and / or for different types of Devices and / or for different types of Services.
4. YOUR ACCOUNT INFORMATION
While accessing the Smarteefi Site and Smarteefi App or availing Services, you provide to the Company necessary information, data, login id, passwords, usernames, PINs, email address, mobile number, other log-in information, Device information, materials or other contact information and content (collectively “Account Information”). In order for the Facilities to function effectively, you must also keep your Account Information up to date and accurate. In case you become aware of any unauthorized use of your Account Information, you should notify the Company immediately. By providing the Company with your e-mail address, you agree to receive all required notices electronically, to the e-mail address provided.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID, e-mail address, would allow you to access the Facilities.
You agree to license, free of any fee or charge, the Account Information to the Company for the purpose of providing the Facilities. The Company may use such Account Information to provide the Facilities to you. By submitting Account Information, you represent that you are entitled to submit it to the Company for use for this purpose, without any obligation by the Company to pay any fees or charges or other limitations.
5. COMPANY’S INTELLECTUAL PROPERTY RIGHTS
The contents of the Smarteefi Site and Smarteefi App belong to the Company. The appearance, layout, 'look and feel', including text, graphics, images, logos and button icons appearing on the Smarteefi Site and Smarteefi App, photographs, editorial content, documents, notices, software and other materials are sole property of the Company and are subject to protection under the applicable intellectual property and other laws.
You are granted the right to access and use the Smarteefi Site and Smarteefi App and Facilities subject to the Agreement. This information provided on Smarteefi Site and Smarteefi App may be used for personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content and information from the Smarteefi Site and Smarteefi App, in whole or in part, for any other purpose is expressly prohibited.
6. ACCESS AND INTERFERENCE
Subject to your compliance with these Terms, the Company hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Company's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of the Agreement.
You agree not to use or launch any automated system or robots that accesses the Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a Smarteefi Site or Smarteefi App, and you are forbidden from ripping the content unless specifically allowed.
You understand and agree that You are prohibited from doing any of the following:
(a) Infecting the Smarteefi Site and Smarteefi App, including by posting or transmitting any file which contains viruses, worms, trojans or any other damaging features, or that otherwise interferes with the proper working of Smarteefi Site and Smarteefi App or the Services;
(b) Using any automated data gathering or extraction tools, program, algorithm or methodology, including robot, spider, scraper, deep link, to access, acquire, copy or monitor the Smarteefi Site and Smarteefi App or any portion of the Smarteefi Site and Smarteefi App, without the Company’s express written consent;
(c) Deciphering, decompiling, or reverse-engineering any of the software comprising or in any way making up a part of Smarteefi Site and Smarteefi App or the Services, or attempting any of the actions mentioned above.
Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. The Company disallows any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by Users. The Company may disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure the Company’s permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, from the Service.
7. POSTING CONTENT ON THE SMARTEEFI SITE AND SMARTEEFI APP
As part of the Facilities, you may be allowed by the Company to post content and information on Smarteefi Site and Smarteefi App viz. creation of profile, providing comments, reviews etc., on the Smarteefi Site and Smarteefi App.
You are solely responsible for all content that you submit or post to the Smarteefi Site and Smarteefi App. By submitting and posting content on the Smarteefi Site and Smarteefi App, you represent that you have all necessary rights and authority to do so. Subject to your right to do so, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content and information in connection with Facilities, including without limitation for promoting and redistributing part or all of the Smarteefi Site and Smarteefi App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user / subscriber of the Facilities a non-exclusive license to access through the Smarteefi Site and Smarteefi App, content and information posted by you, and to use such content as permitted through the functionality of the Smarteefi Site and Smarteefi App under this Agreement.
You agree and undertake that you shall not:
(a) Post or transmit any content or information which is libellous or defamatory, or which discloses private or personal matters concerning any person.
(b) Post or transmit any information, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
(c) Post or transmit any message, data, image or program that would violate the property rights of others, including text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks rights in which are owned by other persons.
(d) Interfere with other users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Smarteefi Site and Smarteefi App, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
The Company may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Smarteefi Site and Smarteefi App account, such as a change in your Account Information. You do not need to activate these alerts. Although you may have the option to turn off some of these automatic alerts, the Company recommends that you leave them on, since they may be security-related.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. The Company does its best to provide alerts in a timely manner with accurate information. The Company does not guarantee the delivery or the accuracy of the content of any alert. You explicitly agree that the Company shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.
You shall indemnify, defend and hold harmless the Company, its respective partners, officers, representatives, employees and agents, affiliates, consultants and advisers(collectively, the “Indemnified Persons”) from and against any and all losses, damages, claims, fines, fees, penalties, interest obligations, deficiencies, and expenses (including amounts paid in settlement, interest, court costs, reasonable out-of-pocket fees and expenses of investigators, attorneys, accountants, financial advisors and other experts, and other out-of-pocket expenses of litigation) suffered or incurred by the Indemnified Persons, as a result of, arising from, or in connection with or relating to any matter inconsistent with (i) any breach or inaccuracy of any representation, warranty, covenant or agreement made by you pursuant to this Agreement; (ii) your use of Facilities; (iii) your violation of any term of the Agreement; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
The indemnification rights of the Indemnified Persons under the Agreement are independent and are in addition to other rights and remedies available under Law or equity and shall survive the Agreement.
10. COMPANY’S LIABILITY
You agree that your use of the Facilities be at your sole risk. To the fullest extent permitted by law, the Company, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof. The Company makes no warranties or representations about the accuracy, completeness or suitability of the Service's and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Service, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Facilities, (iii) any unauthorized access to or use of the Facilities and/or any and all information, (iv) any interruption or cessation of transmission to or from the Service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service through the actions of any third party, (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Smarteefi Site and / or Smarteefi App and/or (vi) the disclosure of information pursuant to the Agreement. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Smarteefi Site and / or Smarteefi App, and the Company will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree and understand that, in no event shall the Company be responsible or liable to You or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to Smarteefi Site and Smarteefi App, your use of the Facilities or this Agreement.
Notwithstanding anything to the contrary in this Agreement, the Company’s liability to you for any cause whatever and regardless of the form of the action, shall at all times be limited to amount of fee received by the Company from you.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
11. REPRESENTATIONS AND WARRANTIES
You represent, warrant and undertake to the Company that:
(a) You have the lawful authority and capacity and are legally competent to use the Facilities. You have the capacity to be bound by it or if you are acting on behalf of another person or entity, that you have the authority to bind such entity.
(b) This Agreement constitutes your legally, valid and binding obligation, enforceable in accordance with its terms;
(c) You have not been declared (by any appropriate court or other authority) to be incompetent or of an unsound mind, and is of sound mind;
(d) The obligationsexpressed to be assumed by you under this Agreement are legal, valid, binding and enforceable obligations, subject to applicable laws of insolvency, bankruptcy and equity.
The Company may at any time, in its sole discretion, terminate the Agreement with you by providing you a 2 (two) days notice in writing which may be sent to you to the e-mail address provided by you as part of your Account Information. You may terminate the Agreement by closing your Smarteefi Site and Smarteefi App account. The Agreement will continue to apply until terminated by either you or the Company. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
13. MODIFICATIONS OF THIS AGREEMENT
The Company shall have the right to modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the Smarteefi Site and Smarteefi App. You are deemed to accept and agree to be bound by any changes to the Agreement when you visit Smarteefi Site and Smarteefi App or use the Facilities after such changes are made.
The Company shall have the right to assign or transfer its rights and obligations under this Agreement, whether in whole or in part, to any person without any restriction.
If any provision of this Agreement is determined to be invalid or unenforceable under the applicable laws, in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to remain in full force and effect. In such event, the parties undertake to endeavour in good faith to replace the invalid, illegal or unenforceable provision by a valid, legal and enforceable provision which contains, as nearly as possible, the rights and obligations contained in the provision to be replaced.
You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which the Company has the benefit of under any applicable law), such failure to exercise such right or remedy may not be construed as a waiver of any other rights and remedies of the Company.
This Agreement represents the entire understanding and agreement between you and the Company regarding the subject matter of the same, and supersedes all other previous agreements.
The Company is committed to provide effective Services to the Users. In case of any grievance, in respect of the Facilities or any other issues with respect to the Company or its Services, the Users may contact the Company from Mon to Fri (9:00 to 17:00) at the following coordinates:
Mr. Vipin Kumar
CoreEmbedded Technologies Private Limited
D-202, Exotica East Square
Ahinsa Khand-2, Indirapuram,
Phone: +91- 9560288777
Any dispute, difference, controversy or claim arising out of or relating use of the Facilities by you or relating to or arising out of this Agreement or the construction, interpretation, breach, termination or validity thereof shall be finally settled under the rules of arbitration set out under the Indian Arbitration and Conciliation Act, 1996 by sole arbitrator mutually appointed by the Company. The place of arbitration shall be Noida, Uttar Pradesh and all the arbitration proceedings shall be conducted in the English language. Subject to clause 9 above, each party shall bear its respective costs of the arbitration, unless arbitrators otherwise direct in their arbitral award.
17. GOVERNINGLAWAND JURISDICTION
This Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by and construed in accordance with Indian Law.
Subjectto the provisionsof Clause 16 above, providing for arbitration, for any legal proceedings, the courts of competent jurisdiction at Noida, Uttar Pradesh shall have exclusive jurisdiction in relation to such proceedings.