SmartWayHome Terms & Conditions
Each end-user visitor to the Site (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Site; (b) accesses any of the blog posts, text, audio, video, photographs, graphics, artwork and/or other content featured on the Site (collectively, “Content”); (c) accesses links to SWH’s social media pages/accounts on third-party social media websites, such as Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Pages”); and/or (d) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, SWH (collectively, the “Contact Services”).
We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
3. INTELLECTUAL PROPERTY RIGHTS
The SmartWayHome name and logo, and other trademarks, service marks, graphics and logos used in connection with the App are trademarks of SmartWayHome (collectively “SmartWayHome Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The SmartWayHome Trademarks and Third-Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of SmartWayHome or the applicable trademark holder.
You’re not allowed to copy or modify either app, any part of the apps, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the apps, and you also shouldn’t try to translate the apps into other languages or make derivative versions. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to SmartWayHome and its licensors and violation of any of the above will be a considered as a legal crime.
We strongly recommend that you only download the SmartWayHome App from The App Store or Google Play. Doing so will ensure that your app is legitimate and safe from malicious software.
SmartWayHome is committed to ensuring that its app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app (in terms of features, designs, updates etc.), withdraw the app, or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for. We amend these terms from time to time. Please check these terms regularly to ensure you understand the terms that apply at that time.
We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) if found faulty.
We shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if you commit any breach of these Terms and Conditions of Use; we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or we suspect, on reasonable grounds, that you may have committed or might be committing any fraud against us or any person.
The decision of activation/deactivation of your user account is entirely at the hands of the Society/Society Committee Members/Chairman/SocietyAdmin, we are not responsible for the action taken. We only make changes as requested by them.
Any changes occurring in the society like; (a) the change of the Chairman, (b) removal/addition of service providers, (c) changes or new amendments in the society operations or rules (d) details of new residents; all will be added/updated as per the information provided to us on a society letterhead by the concerned society head/society admin/chairman. We have no part in any of the changes in any way. Any change in the society committee members can be updated by the management panel (i.e. the Chairman or the Society Head) but only we( i.e. Master Admin) reserve the rights to update the change in the position of Chairman.
All the information like; contact details, name & ownership, of all society members, including the ID proofs of the service providers will be updated in SmartWayHome as provided by the society itself. We shall not be held responsible for any misconduct, fraud or any illegal issues associated with the provided details.
By posting any text, documents, invitations, notices, images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it.
5. USER ACCOUNT, PASSWORD AND SECURITY
Your Username/User ID will be provided by us and which can't be changed by you in any way, while the password can be set as per your wish and changed via OTP. SmartWayHome encourages you to use “strong passwords” and recommends you to, not to share your password, or allow a third party to access your account or anything else that endangers the security of your account.
You will be fully responsible for all activities that occur under your account and also hereby agree to; immediately notify SmartWayHome of any unauthorized use of your password, and protect your account information by ensuring that you exit from your account at the end of each session using the Logout link. SmartWayHome cannot and will not be liable for any consequence arising from your failure to comply with this Section.
Maintenance Payment: We have nothing to do with the Society FInancial Year Planning. We only show the maintenance amount fixed by society. The society is bound to inform us about any changes in the maintenance amount and it will only be updated by us in the app. We have no control over it and neither should be held responsible for any fluctuations in the amount. We reserve the rights to make any changes or withdraw the discounts/cashback/offers in the maintenance payment without any prior notice.
City/Society Events: We only provide valid updates of the latest/upcoming city events. Any change in the schedule will be informed to you but if by chance an event gets cancelled or changed at the very last moment, the Company shall not be held guilty for any last minute change of plans.
Shops & Nearby:
It is entirely upon the Company, which shops and nearby things to be displayed to the user on the app and which not. The provided information about shops/nearby places is subjected to change/removed/added. We shall have no accountability to any misconduct, issue or fraud you face because of them or at any such nearby places.
SmartWayHome communicates information provided by the society. Thus, we have no control over any kind of property dealings held within society or has nothing to do with the residents living in the society.
Games & Rewards
It is the right of SmartWayHome to modify/discontinue, temporarily or permanently, any of the games, reward programs, offers, competitions at any time.
Complaints & Suggestions
SmartWayHome should not be held responsible for any internal disputes, issues, miscommunication, differences, misconduct, crime, occurring within the society.
Polls & Surveys
We just provide a platform to conduct your polls & survey, the results recorded will be displayed as per, SmartWayHome has no role in tampering the results in any manner.
Security & Service Providers
Any information passed from the security gate to the members is upon them, SmartWayHome should not be held answerable for any misinformation entered. Similarly, any issues with the service providers must be solved within the society, we are not bound to interfere or solve anything related to them.
We are committed to providing the records of maintenance payments, any society-related records/documents/information only to the Society Admin and not any members, upon submitting a request for the same on a society letterhead.
7. PAYMENT GATEWAY DISCLAIMER
The User agrees, understands and confirms that his/ her personal data including without limitation details relating to the debit card/ credit card transmitted over the Internet for the maintenance payment may be susceptible to misuse, hacking, theft and/ or fraud and that SmartWayHome has no control over such matters.
Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, SmartWayHome does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.
The User will be required to log in his/ her own User ID and Password, in order to register and/ or use the Services provided by SmartWayHome. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;
Choose a new password, whenever required for security reasons.
Keep his/ her User ID & Password strictly confidential.
Be responsible for any transactions made by User under such User ID and Password.
In case while making the maintenance payment, the user is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact the concerned authority via e-mail or any other mode of contact as provided by to confirm payment.
In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
However, the User agrees that under no circumstances the SmartWayHome shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to upon us.
The User agrees that the debit/credit card details provided by him/ her for making the maintenance payment must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
The User is fully and lawfully entitled to use credit/debit card, bank account for the maintenance payment;
The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;
Any wrong input made by the user while making the payment and any deduction of the amount due to the user's error shall not be refunded by us. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her maintenance payment is entirely at own risk and responsibility of the User.
You agree not to use the App in any way that:
is unlawful, illegal or unauthorised;
is defamatory of any other person;
is obscene or offensive;
promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringes any copyright, database right or trade mark of any other person;
is likely to harass, upset, embarrass, alarm or annoy any other person;
is likely to disrupt our service in any way; or
advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or misuse.
9. LIMITATION OF LIABILITY
In no event shall SmartWayHome, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website/App, whether such liability is under contract, tort or otherwise, and SmartWayHome, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this App/Website.
You hereby indemnify to the fullest extent SmartWayHome from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
We also send to the users, site, app and service announcement updates. Users may choose to unsubscribe from receiving these emails by following the instructions that will be part of each announcement email.
Users, as well as visitors, may receive important notifications on their mobile number. Notification to users mobile numbers, if any, will be strictly per TRAI regulations.
12. CONTACT US
If you have any questions regarding our App, you can email us firstname.lastname@example.org.