The Website services (collectively, the "Services") are offered by Just Smile through Web pages displayed at the Just Smile navigation bar. These Website Use Terms and Conditions contain legal obligations to which you will be bound upon using the Website. Please read them carefully. Your access or use of this Website shall be deemed acceptance of these Website Use Terms and Conditions, and any access or use of any portion of the Website constitutes your agreement to be bound by the use Terms and Conditions. If you do not agree with these Website Use Terms and Conditions in their entirety, do not access or use any portion of this Website.
Except as otherwise stated in this Website, you may view, display, download or print ("Use") any page of this Website, subject to the following conditions: You use the material contained therein (including but not limited to text, graphics, images, data or sound, collectively, "Content") solely for personal, non-commercial purposes.
Rules and Conduct. You agree not to use the Website to:
All right title and interest in this Website and the intellectual property and other proprietary rights in and affecting this Website (and all Content therein) including, without limitation, copyright, trademark, patent, proprietary information and trade secrets applicable thereto (collectively, "Intellectual Property") are owned by Just Smile or third parties with all rights reserved. Except as expressly provided, nothing herein or within the Website shall be construed as conferring any license under any of the Intellectual Property rights of Just Smile or any third party, whether by implication, waiver, estoppels, or otherwise. The Just Smile trademarks and service marks include but are not limited to the following: "Just SmileTM""Winning Points For Your BusinessTM”, "mycardTM " are pending or registered trademarks of Just Smile.
Just Smile is committed to protecting the privacy of our customers' personal information. We support industry and government initiatives to protect consumer privacy:
1. support and endorse the Personal Information Protection and Electronic Documents Act.
Data protection .
Just Smile shall comply with the requirements of the data protection authority of India. Just Smile does not pass on personal data of Users to third parties. Third parties within these provisions specifically exclude the affiliates of Just Smile.
Comments, suggestions, ideas or materials sent or transmitted to Just Smile by you or on your behalf will be deemed non-confidential information and will become the property of Just Smile. Just Smile will have no obligation with respect to such submissions and will be free to use (without limitation as to time, media or geography), copy, modify, make derivative works and/or distribute or transfer it to third parties without limitation, for any purpose, commercial or otherwise, without compensation or acknowledgment to you.
You may not create any hypertext link to this Website, nor use framing or other techniques to enclose or use any Just Smile trademark, logo or other Intellectual Property or Content found herein as links without the prior written consent of Just Smile
Monitoring, Deleting and Disclosure Notice. Just Smile may, from time to time
Downloads and Shareware.
This Website may, from time to time, contain software that may be available for downloading by various third parties. Such software is available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that Just Smile shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.
You acknowledge and agree that Just Smile, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any portion thereof. You further agree that Just Smile will not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this Website or any Content, or with any terms, conditions, rules, policies, guidelines, or practices of Just Smile in operating the Website, your sole and exclusive remedy is to discontinue using the Website.
Disclaimer of Warranties.
You expressly understand and agree that this Website and its content are provided on an "as is" and "as available" basis and that Just Smile makes no warranty or, representation (collectively, "Warranties") of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that all such warranties are hereby expressly disclaimed.
Just Smile makes no warranty that this Website, or any content or function contained therein will be provided on an uninterrupted, timely, secure or error-free/virus-free basis, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components, or that such content will meet your requirements or expectations. Just Smile makes no warranty regarding the use or the results of the use of any content of this Website in terms of its correctness, accuracy, reliability or otherwise.
Limitation of Liability.
You expressly understand and agree that in no event shall Just Smile or its corporate affiliates be liable for any damages whatsoever, including but not limited to any direct, indirect, incidental, consequential, special or exemplary damages, or any damages for loss of profits, interruption of business, loss of programs or other data, or loss of use, savings, goodwill or other intangible losses, regardless of whether Just Smile has been advised of or could have foreseen the possibility of such damages, arising out of or in connection with:
(a) the use, inability to use or performance of any of the website, or
(b) any other matter relating to the Website or its content, regardless or whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose. Some jurisdictions may not permit the exclusion or limitation of warranties or damages in certain types of agreements and the foregoing exclusions and limitations may not be applicable to you.
Indemnity and Release.
You agree to defend, indemnify and hold Just Smile, its parent, affiliates, subsidiaries, and third party information providers, and their respective officers, directors, employees, agents and contractors (collectively, "Indemnified") harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with:
You agree to comply with all local laws and rules including, without limitation, laws governing the Internet, data, email, Intellectual Property and privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and/or work.
This Website originates in India. These Website Use Terms and Conditions shall be governed by and construed in accordance with the laws of India.
These Website Use Terms and Conditions may be updated and amended from time to time by Just Smile, with or without notice, and constitute the entire agreement between Just Smile and you pertaining to your use of the Website. Failure of Just Smile to insist upon or enforce strict performance of any right or provision of these Website Use Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any provision (or part thereof) contained in these Website Use Terms and Conditions is determined to be void, invalid or otherwise unenforceable pursuant to order of a court of competent jurisdiction or arbitrator, such determination shall not affect the remaining provisions (or parts thereof) contained herein.