Terms and Conditions

Last Updated: 25/Dec/2021

THESE WEBSITE & BYTEPHASE TECHNOLOGIES PRIVATE LIMITED TERMS & CONDITIONS (“ALSO REFERRED TO AS TERMS OF USE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2008  AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2008. THESE TERMS OF USE DO NOT REQUIRE A PHYSICAL, ELECTRONIC, OR DIGITAL SIGNATURE. BY USING OUR WEBSITE, BYTEPHASE TECHNOLOGIES AND/OR OTHER PRODUCTS, YOU IPSO FACTO ACCEPT THESE TERMS OF USE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND BYTEPHASE TECHNOLOGIES (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND BYTEPHASE TECHNOLOGIES FOR THE USE OF THE WEBSITE (DEFINED BELOW).

WE PUBLISH THIS DOCUMENT AND CONSTRUE IT ACCORDING TO THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY. (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2008  THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL WWW.BYTEPHASE.COM (the Website) is between Bytephase Technologies Private Limited, a private limited company registered under the Indian Companies Act,2013, having its registered office address at PART II WING B, FLAT NO 14, SAISNEH PARK, OLD SANGVI, PUNE, MAHARASHTRA, 411027 (hereinafter referred to as “BYTEPHASE” or “We” or “Us” or “Our“) and the registered users of the Website and BYTEPHASE (hereinafter referred to as “You” or “Your” or “Yourself” or “User“) describe the terms on which offers You access to the Website and such other services as are incidental and ancillary thereto (“Services“).

GENERAL USE OF THE WEBSITE 

  • Your Account. To use certain features or services on the Website and Bytephase Technologies, you must have an account with Bytephase Technologies (“Your Account”). You are solely responsible for maintaining the confidentiality of your password for Your Account, and for any and all activities that may occur under Your Account. You shall keep any and all required profile information accurate and up to date. You will inform Smart Center immediately in writing of any actual or potential unauthorized access to Your Account or password. Accounts are subject to cancellation or suspension by Smart Center at any time, including upon the misuse of the account or breach of these Terms. Smart Center is not liable for any loss or damage arising from your failure to maintain the confidentiality of your password or any resulting activities under Your Account.
  • Eligibility Requirements. We only permit users who are 18 years of age or older to access or use this website and its services, as per the Indian Contract Act, 1872. We strictly prohibit anyone under 18 from accessing or using the sites or services. By accessing or using the website, Smart Center and other services; You represent and warrant that You are 18 years of age or older.
  • Modification of the Terms. Smart Center reserves the right, at our discretion, to change, add, or remove portions of these Terms at any time by posting the amended Terms to this page. Please check these Terms and any Policies periodically for changes. Your continued use of the Site (including any use of any of Site Content or submission of Your Content, each defined further below) after the changes become effective constitutes your binding acceptance of such changes. Except as stated elsewhere, such amended Terms will automatically be effective upon the earlier of (a) your ongoing use of the Site with actual notice of the new terms, or (b) 30 days after Smart Center has first posted notice of the new terms on this page or emailed the notice to you (as applicable).

If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service.

YOUR CONTENT, CONDUCT AND RESPONSIBILITY 

  • Grant of License. These terms grants you the following rights: You may install, use, access, display, run, or otherwise interact with (“RUN”) one copy (1) of the SOFTWARE on a single computer, workstation or other digital electronic devices (“COMPUTER”).
  • Copyright. Bytephase Technologies Pvt Ltd owns all titles and copyrights in and to the Smart Center (including but not limited to any images and text), any accompanying printed materials, and any copies of the Smart Center. Any custom programmed additions to the Smart Center will become an inherent part of the Smart Center, and Bytephase Technologies Pvt Ltd will own all titles and copyrights in and to those additions. The intellectual property rights for any content that may be accessed through the use of the Smart Center belong to the respective content owner, and these rights may be protected by copyright or other intellectual property laws and treaties.
  • Restricted Access. Access to certain areas of this website is restricted. We reserve the right to restrict access to other areas of this website, or indeed our whole website, at our discretion. If we give you a user ID and password to access restricted areas of this website or other content or services, you must keep them confidential. You accept responsibility for all activities that occur under your user ID or password. We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of this website or any other contractual obligation you owe to us.
  • Payment: We will continue to invoice you in accordance with your pricing plan and service usage until this agreement is terminated. We will send all Smart Center invoices to you or to a billing contact whose details you provide. You must pay all amounts specified in any invoice by the due date. All the payment made by you in acquiring any third party services from us like messages, emails, calls, records and other services are not refundable.
  • Help Desk: In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Smart Center. If You still need technical help, please check the support provided online by Smart Center on the Website or failing that email us at < email address

Whilst Smart Center intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

If for any reason Smart Center has to interrupt the Services for longer periods than Smart Center would normally expect, Smart Center will use reasonable endeavours to publish in advance details of such activity on the Website.

LIMITATION OF LIABILITY

  • To the maximum extent permitted by law, Smart Center excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service.
  • If you suffer loss or damage due to our negligence or failure to comply with these terms, any claim you file against us due to our negligence or failure will be limited to the usage fees you paid in the previous 12 months for any one incident or series of connected incidents.
  • If you are not satisfied with the service, your sole and exclusive remedy is to terminate these terms in accordance with the termination clause.

TERMINATION 

  • Trial: You can evaluate the Services with Smart Center under a Free Trial, which shall not exceed more than 30(thirty days), in accordance with this Agreement and the limitations of the trial, with no obligation to continue to use the Services.
  • No-fault Termination: These Terms will continue while You continue to use the Service, provided You continue to pay the prescribed Usage Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.
  • Breach: If You breach any of these Terms (including, without limitation, by non-payment of any Usage Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or You breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Usage Fees that are more than 30 days overdue); or You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction; then. Smart Center may take any or all of the following actions, at its sole discretion:
  • Terminate this Agreement and Your use of the Services and the Website;
  • Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  • Suspend or terminate access to all or any Data.
  • Accrued Rights:

Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  • Remain liable for any accrued charges and amounts which become due for payment before or after termination.
  • Immediately cease to use the Services.

GRIEVANCE OFFICER

All notices with respect to these Terms of Use from Smart Center will be served to You by email or by general notification on the Website. Any notice provided to Us pursuant to these Terms of Use should be sent to Grievance Officer at support@oldbts.local

  • SMS Service

Kindly note that we have two kinds of SMS’s that is sent out to existing or potential clients. They are outlined as follows:

a. Transactional Messages: A transactional message which is a non-marketing automated text message that we send to support our audience along the customer journey. These messages include (but are not limited to) sending order confirmations, repair updates, messages, shipping updates and/or any updates or information related to the service undertaken. By accepting these term and conditions, you also willfully consent to ByptePhase Technologies and SMART CENTER sending you such transactional messages.

b. Promotional Messages: In order to promote, the products and services of BytePhase Technologies and SMART CENTER; BytePhase Technologies and SMART CENTER may send you promotional messages of any nature. By accepting these term and conditions, you also willfully consent to ByptePhase Technologies and SMART CENTER sending you such transactional messages. If you do not wish to receive such promotional messages you can also intimate your decision via an email or letter to BytePhase Technologies.

Right to opt-out of commercial communication: We do not force you to receive any promotional messages from us. At any stage, if you feel that you need to opt-out of such service then please send us a formal written communication indicating the same. However if you opt-out of SMS or email services then we are not responsible for the offers, discounts and/or any other benefits not received by you. 

Additional Information

We also collect the below additional information:

a. Bank Details and Tax Details: We collect and store Bank details and Tax information of your employee. Kindly note that this is an optional service and you have the right to decide whether you want to collect such information. By accepting these terms and conditions, you accept that we undertake no liability and responsibility of the authenticity and security Bank details and tax details that you have stored with us.

b. Device Information: We collect the following information about your customer’s device:

  • Model Name 
  • Model Number
  • IMEI Number
  • Images of the Device

By accepting these terms and conditions, you accept that we undertake no liability and responsibility of the authenticity of such details that you have stored with us.

c. Bank Details: In order to facilitate better customer service, we have the option to collect and the bank details of your customer which include Bank Name, Account Number, Account Name and IFSC Code. By accepting these terms and conditions, you accept that we undertake no liability and responsibility of the authenticity and security Bank details that you have stored with us.

  • ADDITIONAL TERMS
  • Termination of Your Use of the Site. Smart Center may, in its sole discretion, terminate or limit your access to, or use of, the Site, any Site Content and Your Content for any reason. Upon any such termination, your right to use the Site and any Site Content or access Your Account and Your Content, including all information stored in the Site, automatically terminates. Smart Center may, but is not required to, delete the information in your account and your content. If you have an account with Smart Center, Smart Center will use commercially reasonable efforts to inform you of any such termination by sending an email to the address you provide upon registration. You agree that Smart Center will not be liable to you or any third party for any termination or limitation of your access to, or use of, the Site, any Site Content or any of your information in Your Account or Your Content that you share on or through the Site.
  • Disclaimer of Warranty. SMART CENTER DOES NOT PROMISE THAT THE SITE OR ANY SITE CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UP-TO-DATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND THE SITE CONTENT ARE DELIVERED BY SMART CENTER ON AN “AS-IS” AND “AS AVAILABLE” BASIS. SMART CENTER  CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULLEST EXTENT PERMITTED BY LAW, SMART CENTER, ITS AFFILIATES AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SMART CENTER  DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR CONTENT AND YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE SITE CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SMART CENTER  FOR DISSATISFACTION WITH THE SITE OR ANY SITE CONTENT IS TO STOP USING THE SITE OR ANY SUCH SITE CONTENT.
  • Limitation of Liability. NEITHER SMART CENTER NOR ANY OF ITS AGENTS, AFFILIATES OR SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, THE RESULTS OF YOUR USE OF THE SITE, ANY LINKED SITES OR THE SITE CONTENT TE, EVEN IF SMART CENTER AND SUCH PARTIES WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL LIABILITY IN THE AGGREGATE, WHETHER ARISING IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY, MISREPRESENTATIONS OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF SMART CENTER  ARISING UNDER THESE TERMS OR FOR ANY CAUSE OF ACTION IN CONNECTION WITH THESE TERMS EXCEED THE LESSER OF AMOUNTS PAID BY YOU, IF ANY, TO SMART CENTER.
  • General. You may not assign, voluntarily, by operation of law, or otherwise, any rights or delegate any duties under these Terms without Smart Center’s prior written consent, and any attempt to do so without that consent will be void. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. The laws of India will govern all matters related to these terms and any disputes arising from or in connection with these terms. If a court of competent jurisdiction determines that any provision of these terms is contrary to law, the provision will be interpreted, as closely as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. The failure of Smart Center to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Smart Center in writing. No joint venture, partnership, employment or agency relationship exists between you and Smart Center. These Terms comprise the entire agreement between you and Smart Center and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. You may request that we delete your account and the information stored with us at any time by sending us a written communication indicating your decision to decline sharing any information with us. Smart Center reserves the right to modify these terms as described above. These terms may only be amended or supplemented by a written document signed by authorized representatives of both parties.

HOW TO CONTACT US
If you have any queries, comments, concerns, or complaints regarding the privacy policy, data security, data retention, or any other feature of our service, you can contact us.