TERMS OF SERVICE AGREEMENT

LAST REVISION: January 21th, 2021

• PRODUCTS
  

  Terms of Offer: This Website offers for enquiry for all the Gas meter products (the "Products"). By enquiry for our products through this website information, you agree to the terms set forth in this Agreement.

  Customer Solicitation:Unless you notify our third party call center reps or direct Smartmeters Technologies Pvt. Ltd sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Smartmeters Technologies Pvt. Ltd and its designated in house or third party call team(s).

  Opt Out Procedure:We provide 3 easy ways to opt out of from future solicitations.

  • 1. You may use the opt out link found in any email solicitation that you may receive.
  • 2. You may also choose to opt out, via sending your email address to: info@Smartmeters.co.in
  • 3. You may send a written remove request to
    Smartmeters Technologies Pvt. Ltd
    2nd Floor, Gujarat Chambers of Commerce & Industry Building,
    Ashram Road, Ahmedabad - 380009, Gujarat (India)
    

  Proprietary Rights. Smartmeters Technologies Pvt. Ltd has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Smartmeters Technologies Pvt. Ltd. Smartmeters Technologies Pvt. Ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

  Taxes. If you purchase any Products, you will be responsible for paying any applicable taxes.

• WEBSITE

  Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. Smartmeters Technologies Pvt. Ltd does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non- commercial use. Any links to third-party websites are provided solely as a convenience to you. Smartmeters Technologies Pvt. Ltd does not endorse the contents on any such third-party websites. Smartmeters Technologies Pvt. Ltd is not responsible for the content of or any damage that may result from your access to third-party websites. If you link to third-party websites, you do so at your own risk.

  Use of Website; Smartmeters Technologies Pvt. Ltd is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

  License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Smartmeters Technologies Pvt. Ltd or the applicable third party (if third party content is at issue).

  Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Smartmeters Technologies Pvt. Ltd a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Smartmeters Technologies Pvt. Ltd does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Smartmeters Technologies Pvt. Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. Smartmeters Technologies Pvt. Ltd reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content.

• DISCLAIMER OF WARRANTIES (Please gather the information for warranties for our gas meter products).

  THE PRODUCT AND SERVICES DELIVERED BY Smartmeters Technologies Pvt. Ltd ARE OFFERED EXPRESSLY ON AGREED TERMS BETWEEN THE SELLER (SMTPL) AND BUYER(Customer).

  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

  IF THE PRODCUT IS UNDER WARRANTY AS PER AGGREED TERMS IN WRITING, THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

  THE PRODUCT TECHNICAL SPECIFICATION ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.

• LIMITATION OF LIABILITY

  Smartmeters Technologies Pvt. Ltd ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.

  Smartmeters Technologies Pvt. Ltd WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.

  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

• INDEMNIFICATION

  You will release, indemnify, defend and hold harmless Smartmeters Technologies Pvt. Ltd, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Smartmeters Technologies Pvt. Ltd When Smartmeters Technologies Pvt. Ltd is threatened with suit or sued by a third party, Smartmeters Technologies Pvt. Ltd may seek written assurances from you concerning your promise to indemnify Smartmeters Technologies Pvt. Ltd; your failure to provide such assurances may be considered by Smartmeters Technologies Pvt. Ltd to be a material breach of this Agreement. Smartmeters Technologies Pvt. Ltd will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Smartmeters Technologies Pvt. Ltd choice at its expense. Smartmeters Technologies Pvt. Ltd will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Smartmeters Technologies Pvt. Ltd against any claim, but you must receive Smartmeters Technologies Pvt. Ltd prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

• PRIVACY

  Smartmeters Technologies Pvt. Ltd believes strongly in protecting user privacy and providing you with notice of Smartmeters Technologies Pvt. Ltd, use of data. Please refer to Smartmeters Technologies Pvt. Ltd privacy policy, incorporated by reference herein, that is posted on the Website.

• AGREEMENT TO BE BOUND

  By using this Website or enquiring for our Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

• GENERAL

  Force Majeure. Smartmeters Technologies Pvt. Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

  Cessation of Operation. Smartmeters Technologies Pvt. Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

  Entire Agreement. This Agreement comprises the entire agreement between you and Smartmeters Technologies Pvt. Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.

  Effect of Waiver. The failure of Smartmeters Technologies Pvt. Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

  Governing Law Jurisdiction: This Website originates from the Ahmedabad, Gujarat. This Agreement will be governed by the laws of the State of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor Smartmeters Technologies Pvt. Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Gujarat. By using this Website or enquiring for our Products, your consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

  Statute of Limitation. 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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

  Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

  Termination. Smartmeters Technologies Pvt. Ltd reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Smartmeters Technologies Pvt. Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Smartmeters Technologies Pvt. Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Smartmeters Technologies Pvt. Ltd chooses, in its sole discretion and without advance to you, to terminate it.

  BY USING THIS WEBSITE OR ENQUIRING FOR OUR PRODUCTS FROM THIS WEBSITE. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONSOF THIS AGREEMENT.