Terms & Conditions

Smartworks Coworking Spaces Limited (‘smartworks’) and its affiliates own and operate the website smartworksoffice.com (the “Website”) and mobile software (the “application”). By using or browsing any of the smartworks websites and application, you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this website or application. We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this website or application after we post any changes, you agree to accept those changes, whether or not you actually reviewed them. The term ‘smartworks’ or ‘us’ or ‘we’ refers to the owner of the website or application. The term ‘you’ refers to the user or viewer of our website or application. The use of this website or application is subject to the following terms of use: The content on the pages of this website or application is for your general information and use only. It is subject to change without notice. Neither we nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and material found or offered on this website or application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website or application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website or application meets your specific requirements. This website or application contains material, which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website or application, which are not the property of, or licensed to the operator, are acknowledged on the website or application. Unauthorized use of this website or application may give rise to a claim for damages and/or be a criminal offence. From time to time, this website or application may also include links to other websites or applications. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s) or applications. We have no responsibility for the content on the linked website(s) or applications. Your use of this website or application and any dispute arising out of such use of the website or application is subject to the local laws of India.

Privacy:

Please review our Privacy Policy, which also governs your visit to this website and which is incorporated into the Terms and Conditions.

Site Content:

All material, including images, details, data, illustrations, designs, icons, photographs, audio clips, video clips, text, software, graphics, scripts, logos, and other materials that are part of this website or application (collectively, the “Content”) is owned exclusively by smartworks, its affiliates and/or its content providers. The content is protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by smartworks. Any rights not expressly granted in the Terms and Conditions are reserved for smartworks. All contents are for general information purpose only. We reserve the right but do not have any obligations to monitor, remove, edit, modify or remove any content, in our sole discretion, at any time for any reason or for no reason at all. All other trademarks and service marks appearing on any of smartworks’ websites and application that are not owned by smartworks are the property of their respective owners.

Use of Site – Restrictions:

This website, application, and their content may be used solely for your own personal, non-commercial use. Any other use of the website or application or the content is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the explicit written permission of smartworks or the owner. You may not use any framing techniques to enclose any trademarks or logos of smartworks nor use any Meta tags or other hidden text without our prior written consent. You may not link to the website or application without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is prohibited. You may view and print a copy of the content displayed on the website or application, and download a copy of any content that is designated for downloading, for your personal use only but you may not alter the content in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the content are not transferred to you by copying or downloading the material.

No Creation of Services Relationship:

The information provided on this website or application is free of charge and for informational purposes only and does not create a business or professional services relationship between you and smartworks.

Online Conduct

You agree to use the website or application only for lawful purposes. You are prohibited from posting or transmitting to or through the website or application any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law. We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information)

• to satisfy any law, regulation, or government request;
• if the disclosure is necessary or appropriate to operate the website; or
• to protect the rights or property of smartworks, its affiliates, and you.

Accuracy of Information:

‘smartworks’ uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this website or application is accurate, complete, reliable, current or error-free or that the website or application will be free from viruses. We also are not responsible for any errors or omissions in this website or application. Although we may modify the content, make improvements to the website or application or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavour to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this website is entirely at your own risk and smartworks will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this website or application.

Links to Third Party Sites:

Links on this website or application may lead to services or websites or applications not controlled or operated by smartworks. We provide these links for your convenience and information. Links are not an endorsement of the site or service. We assume no responsibility or liability for other websites or applications or services. Any use you make of any site or service linked to by this website or application is entirely at your own risk.

Intellectual Property:

All material at www.smartworksoffice.com and application is protected by copyrights and trademarks owned by smartworks. Such material includes, but is not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained on this website and application, as well as the software used in the design and development of this website and application. All rights are reserved, worldwide.

Severability:

These Terms of Use and those found in smartworks’ Online Privacy Statement set forth the entire understanding and agreement between you and smartworks with respect to this website and application. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and shall not affect the validity and enforceability of other remaining provisions.

Change in terms of Use:

‘smartworks’ may change or discontinue any aspect of its website or application at any time, including, its content or features. ‘smartworks’ reserves the right to change the terms and conditions applicable to the use of the website or application without providing any notice in advance.

Disclaimer of Warranties – Limitations of Liability:

This website or application and its content are provided by smartworks on an “AS IS” and “AS AVAILABLE” basis without any representation or warranty of any kind whether express or implied. Smartworks expressly disclaims all express and implied warranties including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event will Smartworks be liable to any party for any direct, indirect, punitive, incidental, compensatory, special, consequential, or other damages of any kind whatsoever loss of data, income or profit, loss of or damages to property, business interruption, or loss of or programs or data, arising out odour in connection with this website or application, any site or services linked through this website or application, or any copying, display or use thereof, regardless of the legal theory on which the claim is based, even if Smartworks has been advised of the possibility of such damages, including, without limitation, any damages that result from any mistake, omission, virus, delay or interruption in operation in operation or services regardless of the reason.. ‘smartworks’ will not be liable for losses or damages arising out of any way related to any third-party website or application or their content accessed through links in this website, or application or your use of any equipment or software in connection with this website or application.

Exclusions and Limitations:

‘smartworks’ does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to any information, data, statements or products made available on the website or application. The website or application, and all content, material, information, software, products and services provided on the website or application, is provided on an “as is” and “as available” basis. ‘smartworks’ expressly disclaims 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. ‘smartworks’ shall have no responsibility for any damage to the user’s computer system or loss of data that results from the download of any content, material and information from the website or application. In no event will smartworks be liable for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use smartworks’ website or application, or any information provided on the website or application, or in the products any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.

Disclaimer:

The information contained in this website or application is for general purposes only. The information is provided by smartworks and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied. Through this website or application, you are able to link to other websites. ‘smartworks’ has no control over the nature, content and availability of these websites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed. Logo and names used at this website and application are just for reference, and so are those, which are Primarily illustrative. They are not intended to raise funds. All smartworks’ images used are real.

By accessing and using this website, you acknowledge and agree that the data provided, may be collected and used by us for marketing purposes. This may include sending promotional emails, offers, or other communications relevant to our products and services.

We are committed to protecting your privacy and will handle your information in accordance with applicable data protection laws. You have the right to opt-out of receiving marketing communications at any time by following the unsubscribe instructions provided in the emails or by contacting us directly.

For more details on how we use and protect your data, please refer to our Privacy Policy.

Limitation of Liability:

To the fullest extent permitted by law, smartworks excludes liability for any direct, indirect, consequential, special or incidental damage, loss or expense, whether caused by negligence or otherwise, which has arisen directly or indirectly from your use of, or reliance on, any information or material contained in any website owned and/or operated by any third party accessed using a reference from this website or application whether by hypertext link, bookmark recommendation or otherwise, in all the above cases whether or not smartworks has been notified of the possibility of such damage, loss or expense. ‘smartworks’ inclusion of hypertext links does not imply any endorsement of any material on linked sites nor does smartworks vouch for its accuracy of content and opinions expressed therein. Every effort is made to keep the website and the application up and running smoothly. However, smartworks takes no responsibility for, and will not be liable for, the website or application being temporarily unavailable.

Indemnification:

You agree to indemnify and hold harmless smartworks from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the website or application or your violation of any rights of a third party.

Remedies for Violations:
‘smartworks’ reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.

Confidentiality:

‘smartworks’ will treat all information regarding you as confidential. ‘smartworks’ will not in the ordinary course disclose any information that it holds about you except in the following circumstances: 1. Where smartworks is compelled to do so under the Indian law; 2. Where you have provided your prior written authorization to do so; 3. Where smartworks requires to do so; or 4. Where it is in the public interest to do so. 5. Where smartworks needs to disclose information to other financial institutions. ‘smartworks’ may be required to disclose information about you to third parties to facilitate the provision of services to you. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations in force from time to time.

No Warranties:

‘smartworks’ and any of its affiliates, subsidiaries, officers, directors, employees or agents provide the website or application and the Information on an “as is” basis and do not make any express or implied warranties, representations, endorsements or conditions with respect to the website or application or the information, including without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, correctness, reliability and fitness for a particular purpose. Further, smartworks does not represent or warrant that the website or application will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

Forward-looking Statements:

The website or application may from time to time contain forward-looking statements that include information about smartworks’ financial prospects, plans and objectives of management for future operations, economic conditions, trends and known uncertainties. The user is hereby cautioned that actual results could differ materially from those that smartworks expects, depending on the outcome of certain factors. ‘smartworks’ does not undertake any obligation to correct or update any forward-looking statements on the website or application.

Trademarks and Copyrights:

‘smartworks’ reserves all copyright, trademark, patent, intellectual and other property rights in the information contained in this website or application and to all company specific logos and services logos and no express or implied license is granted to any other party in respect thereof. Any unauthorized access, use or reproduction of the information or proprietary rights contained in this website or Application is strictly prohibited and is subject to legal action as provided in applicable laws. No information on this website or application should be reproduced or distributed without the prior written consent of smartworks. Information is for your personal use only. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the content of the website or application may be a violation of any law that may apply to trademarks and/or copyrights and could subject the copier to legal action.

No Liability:

‘smartworks’ is not responsible for and will not be liable to you or anyone else for any damages whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with your use of or inability to use the website or application or the information, or any action or decision made by you in reliance on the website or application or the information, or any unauthorized use or reproduction of the website or application or the information, even if smartworks has been advised of the possibility of these damages.

Feedback and Other Suggestions:

All feedback, ideas and other suggestions submitted by you through this website or application will be treated as non-confidential and non-proprietary and may be disclosed or used by smartworks for any purpose whatsoever, without any obligation to compensate you. All personal data provided to smartworks will be handled in accordance with our Privacy Policy.

Applicable Laws – Exclusive Jurisdiction:

This website or application and the content is displayed solely for the purpose of promoting smartworks’ services available in India. This website or application is controlled and operated by smartworks from its offices in Kolkata, India. You are responsible for complying with the laws of the jurisdiction from which you are accessing this website or application, and you agree that you will not access or use the information on this website or application in violation of such laws. These Terms and Conditions and your use of this website or application will be governed by the laws of India, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Kolkata, India and that any cause of action arising under these Terms and Conditions will be tried and litigated exclusively in the state and/or federal courts located in India. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.

Dispute Resolution:

Any claim or controversy related to these Terms and Conditions or relating to this website or application (with the exception of injunctive relief sought by HQ), will be settled by arbitration in accordance with the then-current rules of the India Arbitration Association. The location of arbitration will be in Kolkata, India. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Jurisdiction:

‘smartworks’ controls and maintains this website or application from India. ‘smartworks’ makes no representation that the information and material contained in this website or application are appropriate or permitted for use in jurisdictions outside India. The terms and conditions are governed by the laws of India, without giving effect to any principles of conflicts of laws. The website or application for the user subject to the exclusive jurisdiction of the courts of India without prejudice to the right of smartworks to take any action in any jurisdiction whatsoever.

Miscellaneous:

If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or application or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Contact:

In the event of any question relating to this website and Application, you may contact us at: +(91)8448980480 or email us at [email protected]