Terms Of Use

Terms Of Use

Please read carefully the following Terms of Use, which govern the use of this Site/App (defined herein after). These terms are legally-binding and should be read along with the Privacy Policies and Disclaimer as posted, updated and uploaded on this Site/App.  By using this Site/App you signify your agreement to the Terms of Use, Privacy Policy and Disclaimer, whether or not you have read the same.

These terms of use tell you the terms on which you may make use of our website or App, whether as a guest or a registered free or Premium user. Use of our Site/App includes accessing, browsing, or registering to use our Site/App.

We reserve the right to change the terms and conditions contained in the Terms of Use from time to time or at any time, without notice and at our sole discretion. If we decide to change the Terms of Use, we will post a new version of the Terms of Use on the Site/App and update the date specified herein. Any change or modification to the Terms of Use will be effective from the date such Terms of Use are updated and uploaded on the Site/App. Your continued use of the Site/App following the modifications to the Terms of Use constitutes your acceptance of the modified Terms of Use and Policies. For this reason, you should frequently review these Terms of Use, including their dates to understand the terms and conditions that apply to the use of the Site/App.

These Terms of Use apply to Indian as well as International users or persons using the website/app.

INFORMATION ABOUT US

https://smebusinessguide.com is a website/app and “SME Business Guide” is a Mobile App (referred to herein as “Site/App”) owned by Sanjay G Shah. They are operated through our registered office at 701, Prabhu Darshan, Manchhubhai Road, Malad-East, Mumbai – 400097, India (referred herein as “we, us or our”).

This Site/App can be used to learn hundreds of useful business management concepts, skills and ideas. You can also receive new management and career techniques by subscribing to our free newsletter. Learning new skills and techniques will help you to develop your business as well to develop your personality and will keep you updated. (Herein referred to as “Services”)

ADMISSION TO THE SITE/APP

You represent and warrant that you:

1. are of and above the legal age of majority in the jurisdiction of your residence,
2. have not previously been suspended or removed from the Site/App,
3. do not have more than one account at any given time for the Site/App;
4. will only provide us with true, accurate, current and complete information if you register for an account or orders and
5. have full power and authority to enter into the Terms of Use and in doing so you will not violate any other agreement to which you are a party.

If you want to be our member, do register with us. By being a member, you automatically agree to all our terms and conditions. We care very much about the standard of the Service. If you are not satisfied with our Service in any way, then please email us at info@smebusinessguide.com.

Your right to use will depend on the form of the membership that you have chosen to have with us.

We do not guarantee that our Site/App, or any content on it, will always be available or be uninterrupted. Access to our Site/App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site/App without notice. We will make all the efforts to keep the Site/App up and running all the time. But, we will not be liable, if for any reason whatsoever, our Site/App is unavailable at any time or for any period.

You may be required to fill out required fields in a form, if you want to register yourself to our Site/App. In such an event, you will be required to fill out such fields prior to entering the Site/App. Any inaccurate or incomplete registration will not be accepted.

You accept that the data you submit to us and that is stored in our information systems is accurate and acts as a proof of your identity. Please inform us as to any applicable change in such data.

In the event of non-compliance with the rules described in these Terms of Use, we reserve the right to suspend your access to the Site/App. In an event of such suspension, an intimation would be given to you.

YOUR ACCOUNT AND PASSWORD

If you choose to be a member of our Site/App, you have to register yourself by filing the required registration details.  In that case you will have your email as your user identification code. You must treat such information as confidential as part of our security procedures.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you think that your security information is hacked or you suspect that anyone other than you knows or uses your user identification code or password, you must initiate a change of password process and if it does not work, then promptly notify us at info@smebusinessguide.com.

PAYMENT AND VALIDITY

You will have to subscribe to our Services if you want to become a Premium Member as per the norms prescribed on the Site/App. The subscription fees for the Service will be notified on the Premium Membership registration screen. Fees shall apply on the period of Premium Membership selected.

All our charges are inclusive of any applicable Goods & Service Tax or other Sales Taxes in the jurisdiction of the Site/App. Order placed from outside India will be charged depending on the location of the customer.

We reserve the right to suspend our provision to you of the Service or terminate the contract between us if our charges are overdue for payment.

Membership is non-transferable and may not be resold or cancelled. The information and data that you provide during the registration process will be used only for the purpose of recording your membership details. The Site/App will take all reasonable precautions within its control to ensure that the information is used for no other purpose and is not disclosed to any third parties.

The Site/App only provides with a link to a Payment Gateway Service provider which enables users to make payments online.  If any Payment Gateway Service Provider or Bank imposes any taxes or charges anything over and above, the same shall be borne by you, the Site/App shall be indemnified from any such claims.

The information and data that you provide during this online payment transaction will be collected by the payment gateway for processing the payment and the Site/App does not have any control or access to it. The Payment Gateway will take all precautions to ensure that the information is used for no other purpose and is not disclosed to any third parties. We shall not be responsible for any costs or money lost due to the failure of any such payment gateways. You agree to indemnify the Site/App and hold the Site/App harmless against all claims, losses, damages and actions that you may initiate in relation to the online payment gateway. Neither the Site/App nor any of its employees or offices shall be liable for any such loss or damage that may be suffered by you as a result of such usage.

Your payment will take a minimum of one working day to reach the Site/App’s account. You should take this into account when making your payment. All payments will be processed on the information that you provide. the Site/App will not accept liability if you make a mistake while completing a form or for any other reason outside of the Site/App’s control. You will be given an opportunity to review the data that you have entered before submitting it for processing. Success of online payments is subject to the risks involved in internet based transactions.

SITE/APP AND CONDUCT USE RESTRICTIONS

Your obligations.

You:

1. agree not to use this Site/App for any illegal purpose and agree to use it in accordance with all relevant laws, statutes and regulations;
2. agree not to upload or transmit through this Site/App without limitation, any computer viruses, macro viruses, Trojan horses, worms, malware, spyware or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
3. will not upload or transmit through the Site/App any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
4. will not use the Site/App in a way that may cause the Site/App to be interrupted, damaged, rendered or which impairs the functionality of the Site/App in any way;
5. will not use the Site/App in any manner which violates or infringes the rights of any person, firm or company;
6. will not attempt any unauthorised access to any part or component of the Site/App;
7. agree that if you use the Site/App in any way contrary to these terms and conditions, you will be responsible for any costs, damages or loss incurred by us as a result of your use; and
8. may not link, deep link to or frame any of the content which appears on our Site/App or to use a representation our trademarks as a link button without our express written agreement. However, you may share the content through the social media buttons provides on the webpages of the Site/App.

INTELLECTUAL PROPERTY RIGHTS

We expressly reserve all intellectual property rights in all text, audio, video, programs, products, processes, technology, content, software and other materials, which appear on this Site/App. The compilation of the content on the Site/App is our exclusive property. The displayed works are protected by copyright laws and treaties around the world. All such rights are reserved.

Access to this Site/App does not authorize anyone to use any name, logo or mark in any manner. Any use of this webSite/App or its contents, including copying or storing any information, other than for your own personal and non-commercial use is prohibited without our permission. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Any reproduction for purposes other than those permitted above, including modification, distribution, republishing, transmission, display or performance without our prior written permission is strictly prohibited.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on our Site/App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site/App in breach of these terms of use, your right to use our Site/App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

CONTENT ON WEBSITE/APP

The content on our Site/App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site/App. The content displayed on the Site/App may be in text, image, video, audio or any such other forms as suitable for the viewers. Also, the language of the content might be in any other local language other than English. You are advised to kindly take note of the same.

Although we make reasonable efforts to update the information on our Site/App, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site/App is accurate, complete or up-to-date.

The information presented on or through the Site/App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site/App, or by anyone who may be informed of any of its contents. We shall not be held responsible for any statements, advice, opinions, or other content or materials. You release us from all claims and demands of every kind and nature, known and unknown.

We do not guarantee that the Site/App will be secure or free from bugs or viruses. You should use your own virus protection software. You must not misuse the Site/App by knowingly introducing viruses, trojans, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site/App, the server on which our Site/App is stored or any server, computer or database connected to the Site/App.

ELECTRONIC COMMUNICATION

When you visit our Site/App, you are communicating with us electronically; do send us emails or give us feedback about your visit to the Site/App. You consent to receive communications from us electronically. We will communicate with you by e-mail from our Site/App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DEALINGS WITH THIRD PARTY AND LINKS TO THIRD PARTY SITES/APPs

Any reference on this Site/App to the names, marks, products or services of third parties or hypertext links to third party sites/Apps or information are provided solely as a convenience to you. We are not responsible for the content of any third party sites/Apps and do not make any representations regarding the content or accuracy of material on such sites/Apps. If you decide to link to any such third party websites/Apps, you may do so entirely at your own risk.

If you click on the links to third-party websites/Apps, you leave our Site/App. We are not responsible for the content of these third-party websites/Apps or for the security of your personal information when you use such third-party websites/Apps. These third-party websites/Apps have their own privacy policies governing the storage and retention of your personal information that you may be subject to when you visit the site/App. These Terms of Use does not govern personal information provided to, stored on, or used by these third-party websites/Apps. You agree and acknowledge that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of your dealings or interactions. If there is a dispute between participants on the website/App, or between users/visitors and any third party, you understand and agree that we are under no obligation to become involved in such dispute.

ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS:

We may display advertisements for the goods and services of a third party on the Site/App, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services.

LIMITATION OF LIABILITY

In no event shall we be held liable for damages whether it is direct, indirect, incidental, special, consequential or exemplary, resulting from any aspect of your use of the Site/App or the information, content and Services provided on the Site/App, including without limitation whether the damages arise from use or misuse of the Site/App or the said Services, from inability to use the Site/App, or the interruption, suspension, modification, alteration, or termination of the Site/App or the Service or corruption of any data or other information transmitted in connection with use of the Site/App. In any circumstances, our liability to you shall not exceed the amount paid by you for the Service, excluding taxes and other charges.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site/App or any content on it, whether express or implied.

Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Site/App or the Service or any links on the Site/App, as well as by reason of any information, opinions or advice received in connection with the Site/App or the Service available on our  Site/App.

You specifically acknowledge and agree that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.

We will not be liable for any loss or damage caused by a virus, malware, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site/App or to your downloading of any content on it, or on any website/App linked to it.

If you are a business user, please note that in particular, we will not be liable for any kind of loss of revenue, business, goodwill or reputation; or any indirect or consequential loss or damage. If you are a general user, please note that we only provide our Site/App for domestic and private learning and reference use. You agree not to use our Site/App for any commercial or business purposes, and we have no liability to you for any loss, business interruption, or loss of business opportunity.

While we aim to make the Site/App accessible 24 hours per day, 7 days per week, it may be unavailable from time to time for any reason including, without limitation and routine maintenance. You understand and acknowledge that due to circumstances both within and outside our control, access to the Site/App may be interrupted, suspended or terminated from time to time. We shall have the right at any time to change or discontinue any aspect or feature of the Site/App, including, but not limited to, content, hours of availability and equipment needed for access or use.

TERMINATION

These Terms of Use are effective unless and until terminated either by you or us. We may in appropriate circumstances at any time terminate your use of the Site/App or any Service and may do so without notice if we believe, in our sole and absolute discretion that you have breached any of the Terms of Use and will accordingly deny you access to the Site/App. Such termination will be without any liability to the Site/App. We may terminate your account for the Site/App, in appropriate circumstances if you are a repeat infringer. If you wish to terminate your account on our Site/App, you may do so by following the instructions given on the Site/App. If we terminate your use of the Site/App or any Service, we may delete any content or other related materials concerning to your use of the Service and we will have no liability to you or any third party for doing so. Any fees paid hereunder are non-refundable. Upon termination of your access to the Site/App, or upon our demand, all rights granted to you under these terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site/App, including links to the Site/App; and (b) destroy all Site/App Content obtained from the Site/App and all related documentation. In the event of termination, you will still be bound by your obligations under these Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability.

INDEMNIFICATION

By using the Site/App, you agree to defend, indemnify and hold us, our company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

• your use of and access to the Site/App and the Service;
• your violation of any term of these Terms of Use;
• your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
• any claim that your Content caused damage to a third party.

FORCE MAJEURE

The Site/App shall not be liable for delay in performing or failure to perform any of its obligations under these Terms of Use which is caused by circumstances beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of telecommunications, data communications and computer systems and services, natural calamities, war, civil unrest, government action, strikes, lock-outs or other industrial action or trade disputes (whether involving the Site/App’s employees or those of a third party). Any delay or failure of this kind will not be deemed to be a breach of the Terms of Use and the time for performance of the affected obligation will be extended by a period which is reasonable in the circumstances.

ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and us with respect to the Site/App and any content either provided by us or by you. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then that invalid or unenforceable part or provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the objective of the original provision while the remainder of the Terms of Use shall continue to be in effect. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect.

GOVERNING LAW AND JURISDICTION

The Terms of Use for the Site/App shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts located at Mumbai shall have exclusive jurisdiction. We do not represent that materials displayed on the Site/App are appropriate or available for use in locations outside the jurisdiction. Persons who choose to access the Site/App from other locations do so on their own initiative, and are wholly responsible for compliance with local laws, if and to the extent local laws are applicable.

CONTACT US

To send any questions or comments regarding this Site/App or the Terms of Use please contact us on: info@smebusinessguide.com

These Terms of Use are pari materia with the Privacy Policy and Disclaimer posted on this Site/App and we recommend reading and understanding the same before using this Site/App for complete understanding of the legal liabilities and rights thereof.

Thank you for visiting our Site/App.

Updated: 29.11.2019