ACCEPTANCE OF TERMS

Smart Workshop welcomes you. Smart Workshop provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://smartworkshop.co.in/termsandcondition In addition, when using particular Smart Workshop owned or operated services, you and Smart Workshop shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Smart Workshop may also offer other services that are governed by different Terms of Service.

DESCRIPTION OF SERVICE

Smart Workshop is owned and operated by Viha IT services. Smart Workshop OR Viha IT Services has employees, independent contractors, agents and representatives (“our Team”). Smart Workshop provides workshop management system with access of various features, like customer detail management, job card, billing, sms and email services through its network of properties which may be accessed through various medium or device now known or hereafter developed (the "Service"). You understand and agree that the Service may include certain communications from Smart Workshop, such as service announcements, administrative messages and the Smart Workshop Newsletter, and that these communications are considered part of Smart Workshop membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Smart Workshop properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Smart Workshop assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider, landline phone, mobile phone, airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

YOUR REGISTRATION OBLIGATIONS

In consideration of your use of Smart Workshop Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. In consideration of your use of Smart Workshop Services you may choose to provide your contact information to Smart Workshop. If you provide any information that is untrue, inaccurate, not current or incomplete, or Smart Workshop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smart Workshop has the right to suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.

RIGHTS

Smart Workshop (Viha IT services) is the owner or licensee of all Intellectual Property Rights forming part of the Products.

Smart Workshop (Viha IT services) is the owner and reseve all rights of its design, code and services.

You will respect our proprietary rights in the Website and the software used to provide Smart Workshop (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights).

Smart Workshop is a Saas based software and it give license to use software on monthly or yearly subscription basis only.

Smart Workshop is a Saas based software & Smart Workshop reserves the right to provide subscription based licence to any customer in the world.

PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at Privacy Policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the India and/or other countries for storage, processing and use by Smart Workshop and its affiliates.

REFUND & CANCELLATION POLICY

Currently we are selling only digital goods and we don't have any refund or cancellation option available. Organization can unsubscribe our services any time.

SHIPPING & DELIVERY POLICIES

Customer will receive sms (and - or) Email after registration; Once customer complete the Payment process; then they allow they can start using our services.

PAYMENT PROCESS

Once customer complete the registration and agreed to the Terms & Conditions, customer can select their monthly or yearly subscription plan as per their business requirement and pay online. Customer can also pay by Bank trasfer.

MEMBER ACCOUNT AND SECURITY

You may choose a password and account designation upon completing registration for services. You are responsible for maintaining the confidentiality of the pin, password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify Smart Workshop of any unauthorized use of your account or any other breach of security, and ensure that you exit from your account at the end of each session. You also understand that the SMS services that we provide are the transactional in nature and are supposed to be used only for educational notification purpose. Under no circumstances the SMS service to be used for Marketing or advertising purpose. You will be solely responsible for any litigation, fines or penalty that arises out of misuse of the SMS or any other service of Smart Workshop. Smart Workshop reserves the right to terminate your account with or without any prior notice if any of its officers/employees find the breach of terms of the service by you. Smart Workshop can not and will not be liable for any loss or damage arising from your failure to comply with this Section ("MEMBER ACCOUNT AND SECURITY").

MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Smart Workshop, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Smart Workshop does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Smart Workshop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Smart Workshop official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. 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;
  8. 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;
  9. disrupt the normal flow of dialogue, cause phone equipments to behave in an unexpected way, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law.
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the India government as a any kind of terrorist organization ;
  13. "stalk" or otherwise harass another; and/or
  14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
  15. Send SMS and emails for other than educational notification and communication with your registered users/students.

You acknowledge that Smart Workshop may or may not pre-screen Content, but that Smart Workshop and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Smart Workshop and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Smart Workshop or submitted to Smart Workshop.

You acknowledge, consent and agree that Smart Workshop may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. comply with legal process;
  2. enforce the TOS;
  3. respond to claims that any Content violates the rights of third parties;
  4. respond to your requests for customer service; or
  5. protect the rights, property or personal safety of Smart Workshop, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Smart Workshop and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

INTERSTATE NATURE OF COMMUNICATIONS ON Smart Workshop NETWORK

You acknowledge that in using Smart Workshop services to exchange electronic communications (including but not limited to email, search queries, sending messages to Smart Workshop or invitation to non-members, uploading photos and files to Smart Workshop, and other Internet activities), you will be causing communications to be sent through Smart Workshop's computer networks and Smart Workshop partner's infrastructure, portions of which are located in Pune and New Delhi in the India and portions of which are located abroad. As a result, and also as a result of Smart Workshop's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Smart Workshop does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Smart Workshop the following worldwide, royalty-free and non-exclusive license(s), as applicable:

"Publicly accessible" areas of the Service are those areas of the Smart Workshop network of properties that are intended by Smart Workshop to be available to the general public. By way of example, publicly accessible areas of the Service would include Photos and Profiles that are open to both members and visitors, such as but not limited to front page, help etc. However, publicly accessible areas of the Service would not include portions that are limited to members, Smart Workshop services intended for private communication such as phone calls, or areas off of the Smart Workshop network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Smart Workshop.

INDEMNITY

You agree to indemnify and hold Smart Workshop and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Smart Workshop may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that your posting, or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Smart Workshop's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Smart Workshop has no responsibility or liability for the deletion or failure to store any content and other communications or other Content maintained or transmitted by the Service. You acknowledge that Smart Workshop reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Smart Workshop reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO SERVICE AND CHARGES

Smart Workshop reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Smart Workshop shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Smart Workshop may from time to time revise the rates for the services and functionalities it provides, with or without intimating you. The services such as SMS and communication/notifications that you purchase explicitly or are included in Smart Workshop packages (such as, but not limited to monthly or yearly plan), may at any time be discontinued, changed, charged extra for usage or rates can be changed for the unused/remaining SMS/emails quantity. As the charges of these facilities may some time dependend on the external factors beyond Smart Workshop control such as but not limited to changes in Government policies or Telecom providers rates.

MODIFICATIONS OF SOFTWARE FEATURES

Smart Workshop reserves the right at any time to modify, add or remove any features in the software and mobile apps. with or without notice.

CUSTOMIZATION OF SOFTWARE

CUSTOMIZATION Of software features is not allow in Smart Workshop as the entire software is Saas based and use by many customers. Smart Workshop takes software's feedbacks and try to implement features that are common and helpful to all customers (If features is possible to add in system). Smart Workshop reserves the right weather to add the features or not.

TERMINATION

You agree that Smart Workshop may, under certain circumstances and without prior notice , immediately terminate your Smart Workshop account, any associated call ids, and access to the Service. Cause for such termination shall include, but not be limited to,

  1. breaches or violations of the TOS or other incorporated agreements or guidelines,
  2. requests by law enforcement or other government agencies,
  3. a request by you (self-initiated account deletions),
  4. discontinuance or material modification to the Service (or any part thereof),
  5. unexpected technical or security issues or problems,
  6. extended periods of inactivity,
  7. engagement by you in fraudulent or illegal activities, and/or
  8. nonpayment of any fees owed by you in connection with the Services.

Termination of your Smart Workshop account includes

Further, you agree that all terminations for cause shall be made in Smart Workshop's sole discretion and that Smart Workshop shall not be liable to you or any third party for any termination of your account, any associated ids, or access to the Service.

DEALINGS WITH MEMBERS and ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, members and advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Smart Workshop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

Smart Workshop'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Smart Workshop or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Smart Workshop grants you a monthly or yearly subscription based licence, non-transferable and non-exclusive right and license to use the its Software on internet/online; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to access the Service by any means other than through the interface that is provided by Smart Workshop for use in accessing the Service.

Smart Workshop is a Saas based software & Smart Workshop reserves the right to provide subscription based licence to any customer in the world.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Smart Workshop AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. Smart Workshop AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE PROCUREMENT OF ANY SUCH MATERIAL OR INFORMATION.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Smart Workshop OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Smart Workshop AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Smart Workshop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SERVICE;
  2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
  3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
  5. ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF ABOVE TWO SECTIONS MAY NOT APPLY TO YOU.

NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

NOTICE

Smart Workshop may provide you with notices, including those regarding changes to the TOS, by SMS or email or notifications.

TRADEMARK INFORMATION

The Smart Workshop, Smart Workshop logo, trademarks and service marks and other Smart Workshop logos and product and service names are trademarks of Smart Workshop (the "Smart Workshop Marks"). Without Smart Workshop's prior permission, you agree not to display or use in any manner the Smart Workshop Marks.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Smart Workshop respects the intellectual property of others, and we ask our users to do the same. Smart Workshop may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Smart Workshop's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Smart Workshop's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Viha IT Services
F-2, Tirupati Complex,
Majura Gate, Surat - 395001, Gujarat, India.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Smart Workshop and governs your use of the Service, superseding any prior agreements between you and Smart Workshop with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Smart Workshop services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and Smart Workshop shall be governed by the laws of the Pune, India without regard to its conflict of law provisions. You and Smart Workshop agree to submit to the personal and exclusive jurisdiction of the courts located within the Pune, India.

Waiver and Severability of Terms. The failure of Smart Workshop to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Smart Workshop account is non-transferable and any rights to your postings or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the TOS to our Customer Care info@smartworkshop.co.in