Terms & Conditions

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Terms & Conditions

  • The terms "We" / "Us" / "Our"/?Company? individually and collectively refer to Smartnous and the terms "Visitor? ?User? refer to the users.This page states the Terms and Conditions under which you (Visitor) may visit this website (?www.smartnous.com"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

    Use Of Content:

    All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned, or used under licence, by the business and / or its associate entities who feature on this Website. The use of these properties or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Website or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the respective organisation?s or entity?s written permission.

    Acceptable Website Use:

    (A) Security Rules

    Visitors are prohibited from violating or attempting to violate the security of the website, including, without limitation:
        1. Accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
        2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
        3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus  "Trojan   horse" to the Website, overloading, "flooding", "mail bombing" or "crashing"
        4. Sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    (B) General Rules

    Visitors may not use the Web Site in order to transmit, distribute, store or destroy material:
    1. That could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation

    2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or

    3. That is libellous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful. Please read this Privacy Policy  carefully by using the Website, you indicate that you understand, agree and consent to this Privacy  Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website.

    Indemnity:

    The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.smartnous.com or their breach of the terms .

    Liability:

    User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from  interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligentor intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

    Disclaimer Of Consequential Damages:

    In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

    Smartnous Terms & Conditions Our Role:

    Smartnous is providing an option to its registered users (hereinafter referred to as User) for making their rental payments on its Website and Mobile App (hereinafter referred to as Platform). These payments are facilitated through a third-party Payment Gateway. By using this platform for making rental payments, the User confirms that there is a valid Lessor and Lessee relationship between the User and the Beneficiary and the amount being transferred through the Platform is representing the actual rental value as per the Agreement We are only providing a platform to facilitate these rental payments from the User to the Beneficiary and we are not involved in any way in the underlying transactions between the User and the Beneficiary. The User needs to comply with the relevant regulations if any related to such payments and shall be responsible for any non-compliance or defaults in such payments. We are not a financial institution and do not offer any sort of banking or related financial services. We may use the services of one or more third parties to provide the services and process your transactions. We are neither an agent of the Lessor or the Lessee or any interested party in any such remittance.

    KYC:

    While you will be completely responsible for proving the authenticity of the transaction, Smartnous may ask for requisite documents or details of the User and the Beneficiary including any document to substantiate the Lessor and Lessee relationship between them.

    Example: Rental Agreement, PAN Card, Aadhar Card, etc. In case of the amount of remittance exceed INR50,000/-, the User shall be required to provide the PAN card details or any such document/information as required under the law from time to time.
    During Aadhaar based verification, you authorize Smartnous to download your Aadhaar XML from UIDAI website to verify your KYC details.

    Authorization:

    By initiating this transaction on the Platform, you authorize us to hold, receive and disburse funds in accordance with your payment instructions to the designated bank account of the Beneficiary. Your authorization permits us to charge the mentioned amount to your Bank Account, Credit Card, UPI Account, Debit Card, Payment Wallets or any other Payment Instruments as may be enabled on our platform from time to time for remitting the amount to the designated Bank account of the Beneficiary. When you instruct us to pay the Beneficiary, you authorize and order us to commit your payment (less any applicable fees, Service Charges, or other amounts that we may collect under this Agreement) to such person. In case, the transaction is not processed due to incomplete details being provided by you then we shall refund the amount to you after deducting the applicable Service Charges, Transaction fees, and penalty amount.

    Transaction terms:

    You would be responsible for entering the correct bank accounts details of the Beneficiary at the time of making the transaction and in no circumstances, Smartnous Pvt. Ltd shall not be held responsible for any wrongful credit due to incorrect bank details. The user would be responsible for any fraudulent transactions that happened through his bank account, credit card account, etc. by any third party due to his negligence and/or providing your bank or card details to any third party. In no circumstances, Smartnous shall be held responsible for any such fraudulent transactions and no refund shall be made by EazyPG once the money is successfully credited to the designated bank account of the Beneficiary. We may delay, suspend or reject a payment(s) transaction for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute or otherwise unusual.

    Liability:

    You agree not to hold Smartnous responsible and/or liable for any issue or claim arising out of any dispute whatsoever between you and/ or the recipient and/or any financial institution. You agree to hold harmless Brightnous IT Services for any transaction done by you with incorrect details etc. which gets credited in any wrong account. You agree to fully indemnify and hold harmless Brightnous IT Services , its affiliates, and employees against any claim or action by any person or regulatory authorities.

    Suspicious / Fraudulent transactions

    The User is supposed to immediately notify us in case any suspicious/fraudulent transaction is observed by him. It is the User?s responsibility to keep his financial details strictly confidential and not share them with any other person. As soon as any suspicious/ fraudulent transactions get reported, we shall take the necessary measures and try to stop the same. However, we shall under no circumstances be liable for any refund, etc. to any person / Authority for such transactions if the money is credited to the designated  bank account of the Beneficiary as provided by the User.

    Refunds

    1. In case Smartnous is not able to transfer the rent amount to the designated bank account of the Beneficiary due to any technical issues, we shall refund the amount to the same account from which the remittance was initiated.
    2. Smartnous shall under no circumstances be liable to repay/refund the amount to the User once the amount has successfully been credited to the designated bank account of the Beneficiary.

    Chargebacks

    1. The amount of a transaction may be charged back or reversed (a "Chargeback") from the Beneficiary if the transaction is either:
    (a) Disputed by the Remitter.
    (b) Reversed for any reason.
    (c) Not authorized or we have reason to believe that the transaction was not authorized.
    (d) Allegedly unlawful, suspicious, or in violation of the terms of this Agreement.

    2. In such cases, the Recipient of the amount will immediately pay us the amount of any such Chargeback and any associated fees,fines, or penalties assessed by our associated Payment Network Gateways / Financial Institutions.
    3. The User/Beneficiary shall assist us when requested, at their own expense, to investigate any of the disputed transactions processed through our Platform.
    4. For any such Chargebacks associated with Cards, we will assist the User/Beneficiary to contest the Chargeback with the Network or issuing banks in case the Beneficiary chooses to contest any such Chargeback.
    In case of the Beneficiary?s failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 3 business days of our request, may result in an irreversible Chargeback.
    Any Chargeback shall be the sole responsibility of the Beneficiary and we shall not be liable in any manner whatsoever for the same.