Please carefully read the following terms and conditions. By accessing, browsing
or using (“use”), www.smileofindia.com
website or any other channels like but not limited to Phone (“Telephone” or “IVR”
or “SMS”, as the case may be), E- mails (“Mails” or “Forum” or ”Chat”, as the case
may be), you are agreeing to unconditionally abide by the following terms and conditions
entirely, whether or not you are registered as a user or otherwise (“User” or “Visitor”
or “Caller” or “Sender”, as the case may be).
These terms and conditions of use and our Privacy Policy as amended by us from time
to time ("terms") govern your use of our website,
www.smileofindia.com and other channels and any and all the facilities (including
but not limited to a diverse range of information, text, details, photographs, images,
sound, video recordings, broadcast, comments, advertisements, animation, designs,
graphics and other value added materials and effects (“content” or “information”)
that is made available on or through our website and other channels.
By using our website and other channels, you are unconditionally agreeing to these
terms entirely, whether you are just browsing (a "visitor") or whether you are a
content provider or a user registered on the website or with SIKSPL or a caller
or sender using other channels (a "user"). Unless the context otherwise requires,
the term “user” shall include visitor, user, caller, sender etc. and the term “channels”
shall include website, telephone, IVR, SMS, mails, forum, chat etc.) Please stop
using our website and other channels, if you do not agree to any of these terms.
We may revise these terms at any time at our sole discretion. Please check regularly
for updates. All amended terms become effective upon our posting the same to the
website. Your continued use of our website and other channels means that you continue
to agree to these terms, as revised or updated from time to time.
1.INTRODUCTION
This website and other channels are owned by the SmileIndia Knowledge Services Private
Limited (SIKSPL) registered as a Private Limited Company under the Companies Act,
1956 in India.
2.How to Register or User Registration:
- Although portion of our website and other channels may be visited or
used by any visitor or user without registration, you will need to register as a
user to be able to participate in certain areas, or to make use of some of our web
facilities and other channels and content either as content provider or as user
or otherwise. User registration on our website is free.
- To register as a user on website or other channels, you must either:
- (a)confirm that you are over 18 years of age; or
- (b) if you are less than 18 years of age, please see clause 3.13 and
3.14, below.
- You agree that any information you provide to us about yourself upon
registration or at any other time will be true, accurate, up-to-date and complete
in all respect. We reserve the right to terminate your user registration and access
to our website and other channels, if we learn that you have provided false or misleading
information.
- When you register for use of our website, you will be asked to create
a username and password. You agree / accept not to divulge your password to any
other person. You are responsible for maintaining the quality and confidentiality
of your password, and will be fully responsible for all liabilities, direct or indirect,
arising in connection with your password's use (or misuse), whether such use or
misuse is with or without your knowledge or approval. If you suspect that someone
else knows of or is using your password, you must notify us immediately by emailing
us and also simultaneously change / modify your password immediately.
- If you forget your password, please click on the relevant portion of
the website and your password will be reset and the same will be sent to your email
address registered with us.
- We have the absolute discretion to cancel your username/password, with
or without notice, at any time, if we suspect any kind of unauthorized / improper
usage of content, ulterior motives etc.
3.Use of our website and other channels
- For the purposes of these terms, "content" refers to all information,
text, details, photographs, images, sound, video recordings / broadcast, comments,
advertisements, animation, designs, graphics and other materials and effects to
the permissible extent, you may upload to or download from our website content including
information about yourself, messages posted or information about certain courses
or course providers, career, university, colleges, institutes, service providers
etc.
- All content on the website and other channels remains the property of
SIKSPL or the respective university, college, institute, third party ("content provider")
offering content that are displayed or publicized on the website. You may retrieve
and display content from the website on a computer screen, print individual pages
on paper (but not photocopy them) and store such pages in electronic form on disk
(but not on any server or other storage device connected to a network) for your
personal, non-commercial use and for information purpose only.
- You are prohibited from data mining, scraping, crawling, or using any
process or processes that send automated queries to the website. You may not use
the website and other channels to compile a collection of listings, including a
competing listing of product or service. You may not use the website and other channels
or any content thereof, for any commercial use or purpose.
- We want the website and other channels to be as comprehensive as possible,
and we make every effort to ensure that the content that appears and is made available
on the website and other channel is correct and up to date. However, SIKSPL cannot
accept any responsibility for the accuracy, utility and quality of the content of
the website and other channels or the content posted by the content providers and
users.
- This means that when it comes to applying for a career or course or
enrolling with or availing any services from any of the content providers, the normal
rules of "buyers beware" apply. CHECK CAREFULLY before you apply for a career or
course or avail service that you are happy with on the basis of the content of the
website about career or course and the quality of the content provider and informed
selection or decision.
- If your offer, application or request for a course or career is accepted
by the content provider, you will be entering into a contract directly with the
content provider and we have no connection whatsoever with the acceptance or rejection
criteria, course content, materials, service standard, content providers etc. Your
relationship with the content providers is on principal to principal basis only
and we are not confirming, accepting, verifying, vouching counseling the acceptance
or rejection criteria, career, course, material and content of the service provider.
- Except as expressly set out above, you may not reproduce, modify or
in any way commercially use or exploit any of the content. In particular, you may
not do any of the following without prior written permission from SIKSPL: redistribute
any of the content (including by using it as part of any library, archive or similar
service or otherwise); remove the copyright or trade mark notice from any copies
of content made under these terms; create a database in electronic or structured
manual form by systematically downloading and storing all or any of the content.
- You acknowledge that “Smile of India” and other Smile of India facilities
and features name referred to on the website and other channels are the trademarks
of "SIKSPL" and that you should not use the same without prior written permission
from SIKSPL.
- The content of smileofindia.com website and other channels are copyright
of SKISPL, its affiliates, content providers or third parties. All right reserved.
The contents of the website cannot be reproduced, modified, transferred, distributed,
republished, posted or transmitted in any form or by any means including but not
limited to electronic, mechanical, photocopying or recording without the prior written
permission of SIKSPL.
- You must ensure that any content that you submit or upload to our website:
- (a) does not infringe any third party's Intellectual Property Rights
("Intellectual Property Rights" means registered and / or unregistered copyright,
database rights, trade marks, design rights and other intellectual and proprietary
rights of whatever nature, and all applications for such rights, anywhere in the
world);
- (b) does not breach any applicable law;
- (c) is not defamatory, profane, sexually or racially offensive or discriminating,
harassing, threatening, obscene, pornographic, false, unreliable or misleading or
otherwise objectionable in our opinion; or
- (d) does not disrupt the communications of the online community on our
website and other channels.
- You agree that you will not use our website and other channels:
- (a) for commercial purposes or to obtain financial gain without our
prior written consent;
- (b) to send chain letters, junk mail, 'spam', business or bulk communications
of any kind;
- (c) to advertise a company, product or service of any educational establishment
or service provider except under the terms of a separate document that you must
sign and provide to SIKSPL;
- (d) in a way, that might reasonably be expected to cause another person's
computer systems, other channels and/or their communications network to be interrupted,
damaged or rendered less efficient;
- (e) to obtain personal information from "users" under the age of 18
or from anyone if such information is gathered deceptively and without necessary
authorisation of SIKSPL;
- (f)to obtain passwords or personal identifying information for commercial
or unlawful purposes from other users;
- (g)to attempt to impersonate another user; or
- (h) to harass, threaten or intimidate any user.
- You will be responsible for logging out from your registered account
at the end of each session on our website.
- If you are a visitor, you agree / accept not to obtain unauthorised
access to areas of our website reserved for Registered user.
- If you are aware of anything on our website or other channels, which
appear or may amount to infringe these terms, you agree to contact us immediately
in writing.
- If your computer system or other devices does not support relevant technology
including but not limited to encryption, you may not be able to access certain content
or use certain facilities.
- You shall not cause, nor knowingly allow others to cause, any nuisance,
annoyance or inconvenience, whether to SIKSPL or its users by any means.
- If you are under 18 years of age and want to become a user, you must
obtain a parent or guardian's permission before registering on our website and other
channels. You may also discuss these terms with them before obtaining their permission.
- If you are a user under 18 years old, you will need to obtain a parent
or guardian's permission before using or taking part in respect of some of the content
of our website and other channels including any online discussions or contents.
You should never reveal your personal information about yourself, such as your address,
telephone number and college or institute in such online discussions or contents.
4.Content made available by SmileofIndia website and other channels
- We have software and other tools, which monitors and manages the content
on our website and other channels. While we hope that it removes the majority of
inappropriate content, it is not 100% reliable - no software or other tool is. None
of the views expressed in the content are the views of SIKSPL or www.smileofindia.com
- we are just providing a platform.
- We are not acknowledging/ advising/ verifying / confirming / vouching/
accepting / counseling any of the content, career, content provider or otherwise
of the website and other channels. You acknowledge that all content is the responsibility
of the person who posted, emailed or otherwise provided or authorised to our website
and other channels.
- You acknowledge that by using the content and facilities of the website
and other channels, you may be exposed to content that is incomplete, misleading,
inaccurate, offensive, indecent or objectionable. We are not responsible in any
way, whether directly or indirectly, for any content and material whatsoever - and
if you post, email, upload or otherwise provide content, you are entirely responsible
for it.
- If you believe that any content is defamatory, profane, sexually or
racially offensive or discriminating, harassing, threatening, obscene, pornographic,
false, unreliable or misleading or otherwise objectionable, or infringes intellectual
property or other legal rights, please notify us immediately in writing by contacting
our webmaster. We will investigate each matter notified to us and will act in our
sole discretion.
- If you post content which is found to be in breach of these terms, we
reserve the right to deactivate your username and password to prevent you from further
access to our website and other channels as a user.
5.Intellectual Property Rights
- You agree that our website, other channels and all content and materials
contained in it are protected by Intellectual Property Rights that either belong
to or are licensed to us or are that of or licensed to content provider or third
party.
- You acquire no proprietary interest in our website or content made available
or provided by us or others and may not use them in any way except as expressly
permitted by these terms.
- You may view, print, download or temporarily store such content for
your personal, non-commercial and informational reference without alteration, addition
or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish,
commercially exploit or otherwise transfer such content. You acknowledge that you
will not acquire any Intellectual Property Rights by downloading or otherwise using
any such content.
- By submitting content to our website and other channels:
- (a) you grant us a royalty-free, perpetual, irrevocable, non-exclusive
right and licence to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and communicate to the public or otherwise such
content; and
- (b) you authorise us to adapt such content and you agree to waive your
moral rights to object to any derogatory treatment, or to be identified as the author,
of the material in question.
6.Our Rights
- We have the right in our absolute discretion to alter, edit, remove,
suspend or refuse any content without notice, if we consider that the content is
objectionable or violates these terms or for any other reason.
- We may preserve or disclose the content and your personal details as
well as any content to any third party if such disclosure is required or necessary:
- (a) for the purpose of maintaining our website and other channels; or
- (b) by law; or
- (c) to respond to claims that our website infringes or restricts the
right of any party.
- We may suspend or terminate your access to our website and other channels
at any time if you breach any of these terms.
7.Warranty Disclaimer
- Our website and other channels are provided on an "as is" and "as available"
basis. We expressly disclaim all warranties or representations of any kind, express
or implied, to the fullest extent permitted by law.
- You understand and agree that we do not guarantee the accuracy, relevancy,
comprehensiveness or completeness of any information or content in or provided on
or from our website. We are not responsible for any errors or omissions or for the
results obtained from the use of such information. Our website and other channel
is provided for the general information of the general public.
- Your use and participation in our website and facilities are solely
at your own risk. No advice or information whether oral or written, obtained by
you from our website shall create any warranty not expressly made in these terms
or imposed by law.
- We make no warranty that our website and other channels will meet your
requirements, or that access to our website will be uninterrupted, timely, secure,
or error free; nor do we make any warranty as to the results that may be obtained
from the use of our website and other channels
- We are not acknowledging, advising, verifying, confirming, accepting,
counseling any of the career, course, content, content providers, services or otherwise.
8.Limitation of Liability
- EXCEPT AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT LOSSES
OR DAMAGES ARISING IN ANY MANNER IN LAW OR OTHERWISE (INCLUDING NEGLIGENCE) AND
FOR ANY REASON.
- EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR LOSS OF PROFITS, DATA,
GOODWILL, REVENUE IN EACH CASE REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARISE
IN THE NORMAL COURSE OF EVENTS OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND WHETHER SUCH LOSSES OR DAMAGES ARISE IN LAW OR OTHERWISE (INCLUDING
NEGLIGENCE) AND FOR ANY REASON.
9.Miscellaneous
- Please do not access or use the content from a place or jurisdiction where
such access or use would be contrary to applicable laws, rules or regulations of
any governmental or regulatory authority. If you breach this provision, you will
be held entirely responsible.
- We may assign our rights and obligations under these terms and upon such
assignment we shall be relieved of any further obligation under these terms. You
are not permitted to assign your rights and obligations under these terms.
- You agree to indemnify and hold us and (as applicable) our promoters, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of these Terms, your violation of any law, or your
violation of the rights of a third party, including the infringement by you of any
intellectual property or other right of any person or entity. These obligations
will survive any termination or cessation of these Terms.
- In no event shall we or any channels provider or content provider have
liability or be deemed to be in breach hereof for any failure or delay of performance
resulting from any governmental action, fire, flood, insurrection, earthquake, power
failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal),
terrorist act, labor or material shortage, transportation interruption of any kind
or work slowdown or any other condition not reasonably within our control. Your
obligations shall continue during any event of force majeure.
- These Terms will be governed by and construed in accordance with the Indian
laws for the time being in force, without giving effect to its conflict of laws,
provisions or your actual place or area of residence, and you agree to submit to
personal jurisdiction to the courts at Ahmedabad in the State of Gujarat in India.
You are responsible for compliance with applicable laws. If for any reason a court
of competent jurisdiction finds any provision or portion of the terms to be unenforceable,
the remainder of the terms will continue in full force and effect. These terms shall
prevail over all earlier terms, if any.
KPMG International’s Trademarks are the sole property of KPMG International and
their use here does not imply auditing by or endorsement of KPMG International or
any of its member firms.
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