PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST THE SMART CARDS TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THESMARTCARDS.COM ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST THESMARTCARDS.COM RESOLVED BY A JURY OR IN A COURT OF LAW.

1. Acceptance of Terms

By accessing or using theSmartCards.com, you agree to these Terms, and you represent and warrant that you have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you do not agree to these Terms, you may not access or use SmartCards.

2. User Accounts and Registration

1. In order to access certain features of TheSmartCards, you may need to create a user account. When registering, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. Notify us immediately of any unauthorised use of your account.

3. User Content

1. TheSmartCards allows you to create and share content, including your digital business card information ("User Content"). You retain ownership of your User Content, and by uploading or sharing it on SmartCards, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, adapt, publish, distribute, and display your User Content for the purpose of providing the services offered by TheSmartCard.com

2. Prohibited Conduct

3. You agree not to use SmartCards for any unlawful, harmful, or inappropriate purposes. You may not:

Violate any applicable laws or regulations;

Infringe upon the rights of others;

Use SmartCards to send spam, unsolicited messages, or other unauthorised communications;

Attempt to gain unauthorised access or any user accounts;

Interfere with or disrupt the operation of SmartCards

Use any automated means to access unless explicitly permitted by us.

4. You represent and warrant that you have the necessary rights to grant the license described above, and that your User Content does not infringe upon the rights of any third party or violate any applicable laws or regulations.

5. We reserve the right to remove or disable any User Content that violates these Terms or is otherwise objectionable, at our sole discretion.

SmartCards is a digital business card platform that allows users to create, manage, and share their digital business cards online. We provide tools and features to enhance your professional networking experience. Please note that we may update or modify the services provided by SmartCards from time to time, and such changes will be subject to these Terms.

4. Rules of Conduct

4.1. As a condition of use, you promise not to use the Site/Services for any purpose that is prohibited by these Terms of Service; You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site/Services or any activities conducted on the Site/Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site/Services (or other accounts, computer systems or networks connected to the Site/Services); (iv) run any form of auto-responder or “spam” on the Site/Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site/Services; (vi) harvest or scrape any content or personal data from the Site/Services; (vii) otherwise take any action in violation of our guidelines and policies. use software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party

4.2. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site/Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, (iii) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods, or (iv) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

5. Intellectual Property

5.1. The Website/Services name and logos are trademarks and service or brand identifier’s marks of us. Nothing in this Terms of Use or the Site/Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our Trademarks displayed on the Site/Services, without our prior written permission in each instance. All goodwill generated from the use of our Trademarks will insure to our exclusive benefit.

5.2. You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

6. Warranties

6.1. The access to the Site/Services is provided “as is”, “as available” but we do our best and take all reasonably possible technical and legal measures to ensure that your use of our site is safe and to ensure the safety and legal use of the information that you provide.

6.2. We are not responsible for the criminal, unlawful, negligent actions or inactivity of any third parties associated with the use of the Site/Services, whatsoever such actions would be.

6.3. In the event of a court case, it will be considered under the current legislation of India, in the relevant court for the observance of jurisdiction.

6.4. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.

7. Limitation of Liability

7.1. To the fullest extent permitted by applicable law, in no event will us be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including without limitation, loss of revenue or income, lost profits, pain, and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that arises in connection with the services (or the termination thereof for any reason), even if we have been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, We are not responsible or liable whatsoever in any manner for any content posted on or available through the services (including claims of infringement relating to that content), for your use of the services, or for the conduct of third parties on or through the services.

Force Majeure

7.2. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control

8. Assignment

8.1. These Terms of Use are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

9. Payments. Paying Online with the Bank Card

9.1. Our website is connected to the Internet, and you can pay for the Goods with your Visa, MasterCard, and Rupay card. After you confirm the selected Goods/Service, a secure window pops up showing the payment page of the Paddle processing centre, where you need to enter your bank card details. 3D Secure protocol is used for additional authentication of the card holder. If your bank supports this technology, you will be redirected to its server for additional identification. You can learn about the rules and methods of additional identification in the Bank, where you were issued your bank card.

9.2. Safety Assurance

9.2.1. Payment Gateway processing centre protects and processes your bank card details in compliance. The information is transferred to the payment gateway using SSL encryption. Further, the information is transmitted along secure bank networks featuring the highest security level. Payment Gateway does not transfer your card details to us or any third parties. 3D Secure protocol is used for additional authentication of the card holder.

9.2.2. If you have any questions about the payment you have made you may contact support of your payment service by paddle.com

9.3. Online Payment Security

9.3.1. The personal data you provide (name, address, telephone, e-mail, credit card number) are confidential information not to be disclosed. Your credit card details are transferred only in the encrypted form and are not stored in our web-server.

9.3.2. We recommend that you check in the dedicated web-page, if your web-browser is safe enough for online payments.

9.3.3. Safety of online payment processing is guaranteed by Razorpay. All payment card transactions are carried out in compliance with requirements of VISA International, MasterCard and other payment systems. For information transfer, special technologies designed to ensure safety of online card payments are used, with the data processed by the secure hi-tech server of the processing company.

9.4. Cancellation and Refund

9.4.1. Once a customer applies for registration on our website, the process begins to set up their digital business card. At this stage, we initiate various tasks, and resources and invest time and efforts to ensure a smooth process for the customer. Due to this activity, we have created a policy that once the customer's registration is submitted and payment is received, it cannot be cancelled or refunded under any circumstances.

9.4.2. User has the right to suspend the view of his /her smart card from the settings menu. Even the user can terminate his / her account at any point of time. User can delete his / her personal data and exit from thesmartcards.com