TERMS AND CONDITIONS OF USE
Welcome to Adding Smiles online services platform
Adding Smiles Private Limited (hereinafter referred to as the ‘Company’) and its associates provide their services to Client and Clients business (hereinafter referred to as the ‘Client’), subject to the following conditions. If Client visits or purchases services within this website, the Client has deemed to accept these conditions. Please read these carefully.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Adding Smiles or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Adding Smiles, with copyright authorship for this collection by Adding Smiles, and protected by international copyright laws.
Adding Smiles’s trademarks and trade dress may not be used in connection with any product or service that is not Adding Smiles’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Adding Smiles. All other trademarks not owned by Adding Smiles or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adding Smiles or its subsidiaries.
Payments are made electronically only through the website or payment links provided by Sales personnel of Adding Smiles. Any cash payment is not acceptable. Any service will start only after full payment for the service.
Adding Smiles reserves the right to provide discounts on pricing through marketing promotions. They are run for a limited time period only. It is the Client’s responsibility as a user to apply a discount code on checkout. Adding Smiles or its employees will not be liable to refund any such amount due to non-application of discount coupon code.
Adding Smiles reserves the right to provide monthly billing on Credit Card or bank transfer with 30 days credit period to its Enterprise Clients only.
Adding Smiles abides by all governing taxation laws. We’ll apply GST above the payable service price according to the rates stated in the law.
CANCELLATION & REFUNDS
The Client has the right to cancel the service within 48 hrs of purchase. Adding Smiles has the right to deduct a cancellation charge of 25% of service value or $100, whichever is higher. After 48 hrs, no request of refund will be entertained. Adding Smiles reserves the right to provide any other service of equivalent value against the service for which refund is requested.
LICENSES, SITE & SOFTWARE ACCESS
Adding Smiles grants Client a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Adding Smiles. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Adding Smiles. The Client may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Adding Smiles and our associates without express written consent. The Client may not use any meta tags or any other “hidden text” utilizing Adding Smiles’s name or trademarks without the express written consent of Adding Smiles. Any unauthorized use terminates the permission or license granted by Adding Smiles. The Client is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Adding Smiles so long as the link does not portray Adding Smiles, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. The Client may not use any Adding Smiles logo or other proprietary graphic or trademark as part of the link without express written permission.
All software licences will be procured by Adding Smiles only for the period mentioned in the service purchased. After that, it will be the Client’s responsibility to renew the software licences and manage the website. Also, it will be the Client’s responsibility to provide & allow full access for required software accounts to Adding Smiles or its employees. This is mandatory for the effective delivery of services. If proper access is not provided for 1 month, the service will be deemed to have been delivered.
YOUR MEMBERSHIP ACCOUNT
If the Client uses this site, the Client is responsible for maintaining the confidentiality of Client’s account and password and for restricting access to Client’s computer, and Client agrees to accept responsibility for all activities that occur under Client’s account or password. If the Client is under 18, the Client may use our website only with involvement of a parent or guardian. Adding Smiles and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
The Client would ensure the confidentiality of the data and intellectual property of Adding Smiles. The Client agrees that disclosure of such information to, or use by, third parties, either during or after this Agreement, will cause irreparable loss and damage to Adding Smiles. The Client shall exercise the highest degree of care in safeguarding the Confidential Information (as defined above) against any and all loss, theft or other inadvertent disclosure. The Client shall not disclose, transfer or in any way divulge, directly or indirectly, any of the Confidential Information, under any circumstances or by any means, to any third party without the prior written consent of Adding Smiles, except as necessary to perform its duties under this Agreement.
The Client agrees that Adding Smiles would need access to the Client’s business data or confidential information related to the delivery of service purchased. Adding Smiles would be liable to ensure the confidentiality of Client’s data expressly provided to it for service delivery.
Adding Smiles is allowed to use any derivable insights and success stories related to the data on the website to showcase its skills to other users. This will also be used for training and quality purposes.
The Client will have to notify in writing if any such insights pose a threat to their business. Adding Smiles will be liable to remove such content within 15 weeks of receiving such notice. Without this, any legal remedy will not be exercised.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” The Client may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Adding Smiles reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If Client do post content or submit material, and unless we indicate otherwise, Client grant Adding Smiles and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. The Client grant Adding Smiles and its associates and sublicensees the right to use the name that Client submits in connection with such content if they choose. The Client represents and warrant that Client own or otherwise control all of the rights to the content that they post; that the content is accurate; that use of the content Client supply does not violate this policy and will not cause injury to any person or entity; and that Client will indemnify Adding Smiles or its associates for all claims resulting from content Client supply. Adding Smiles has the right but not the obligation to monitor and edit or remove any activity or content. Adding Smiles takes no responsibility and assumes no liability for any content posted by the Client or any third party.
Adding Smiles and its associates attempt to be as accurate as possible. However, Adding Smiles does not warrant those product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Adding Smiles itself is not as described, Client’s sole remedy is to stop using the services. Adding Smiles reserves the right to provide a partial refund or extend the service from case to case basis.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Adding Smiles on an “as is” and “as available” basis. Adding Smiles makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. The Client expressly agrees that Client’s use of this site is at Client’s sole risk. To the full extent permissible by applicable law, Adding Smiles disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Adding Smiles and its employees will provide all the services in the Client’s best interest. However, the Client also needs to exercise due diligence about the composition of the services being provided. In case of any business loss, the liability of Adding Smiles cannot exceed the price at which the said service was purchased from Adding Smiles.
Adding Smiles does not warrant that this site, its servers, or email sent from Adding Smiles are free of viruses or other harmful components. Adding Smiles will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to Client, some or all of the above disclaimers, exclusions, or limitations may not apply to Client, and Client might have additional rights.
By visiting Adding Smiles, Client agrees that the laws of the state of Tamil Nadu, India, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between Client and Adding Smiles or its associates
Any dispute relating in any way to Client’s visit to Adding Smiles or to products and services Client purchase through Adding Smiles shall be submitted to confidential arbitration in Chennai, Tamil Nadu, India, except that, to the extent Client have in any manner violated or threatened to violate Adding Smiles’s intellectual property rights, Adding Smiles may seek injunctive or other appropriate relief in any state or federal court in the state of Chennai, Tamil Nadu India, and Client consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules as prevailing of the Indian Council of Arbitration. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY