Terms And Conditions - SmartBenefits

These terms and conditions of use (hereinafter the “Terms and Conditions”) establish a legally binding agreement between Smart PFM Private Limited ((hereinafter referred to as “Company”, “us”, “we” or “our”), which expression shall include where appropriate its affiliates, successors and assigns)) and the persons (“Users” or “you” or “your”) using this website accessible from https://smartbenefits.pk (“Website”) the application SmartBenefits App (“Application”) and services managed by the Company, to the extent applicable.

By accessing and/or using the website or any application, data feeds, and service provided to you on, from, or through the website, you signify your acceptance to these Terms and Conditions and you agree to be bound by them. The Privacy Policy (click here to view: https://smartbenefits.pk/privacy) and any other policies communicated by the Company or disclaimers made in the website shall be applicable to your use and shall collectively constitute the terms of your access and use of the website and the Services. In the event our services is being used by a person on your behalf, the expression “Users” or “you” or “your” shall apply to such person as well and that person shall represent and warrant that he/she has the authority to bind that entity to the Terms and Conditions. If you do not accept and agree to be bound by all of the Terms and Conditions and/or the Privacy Policy, you are requested to not use and leave the website immediately, and not avail any of our Services. Should you disagree with the Terms and Conditions and/or the Privacy Policy and still continue to access the website, the Company disclaims all the liabilities arising therefrom and it shall be assumed by your continued use of the website that you have accepted the Terms and Conditions and the Privacy Policy and any other online terms and conditions available on the website.

This Terms and Conditions is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Ownership

The Company is the author and publisher of the Website and the Application, and all variations, revisions, editions and ancillary services of the website and application (including all files, images and downloadable material and other content available on). The website shall be used by Users solely to avail the Services.

The Website and access there to

By accessing the website, you agree to these Terms and Conditions and the Privacy Policy set out at (https://smartbenefits.pk/privacy). The Website includes all aspects of the Application which includes but is not limited to the software, and services offered or any other services or application that the Company introduces from time to time.
You agree and acknowledge that save and except as expressly mentioned hereunder, the Company has no control over and assumes no responsibility for, the content hosted by a User (“User Content”) on the website or application and by using the website or the application, you expressly relieve the Company from any and all liability arising from the User Content.
The access to certain sections of the website or application is conditional upon our acceptance of you as a ‘Company’ on the usage of our services. We reserve the right to withdraw or amend the Services being provided to you through the website or application without any notice. We will not be liable if for any reason our website or application is not available to you at any period of time. Further, we have the right to restrict your access to the whole or part of the Services offered.
All rights that are not expressly granted to you hereunder are reserved under these Terms and Conditions.
Subject to these Terms and Conditions, the Privacy Policy, and all other rules and policies made available or published elsewhere, the Company hereby grants you a non-exclusive, non-transferable, non-sub licensable, limited license to use the website or application in accordance with these Terms and Conditions.
You agree and acknowledge that the Company shall have the right at any time to change or discontinue any aspect or feature of the website. The Company reserves the right to refuse access to the website or application, terminate Accounts, remove or edit contents without any notice to you.

Our Rights in relation to the Website or Application

We have the right to discontinue or change our Services at any time and shall not be liable for the same.
We shall delete your Account or cancel access to our website or application for any reason whatsoever, at any time at our discretion. For the aforesaid, we shall make all reasonable efforts to notify you and inform you of such an action and the reasons thereof, in any.
If at any given point it comes to the notice of the Company that you are engaged in any kind of harassment of other Users, then in such a case you agree that the Company shall have the sole right to suspend / terminate your Account with immediate effect and without any notice of such suspension or termination, and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
We shall disclose such confidential information as may be provided by you or such other details about yourself as may be necessary to satisfy any governmental department or authority under applicable law or to any third party in accordance with the terms of the Privacy Policy.
With reference to Clauses 3.1, 3.2 and 3.3, you agree and understand that we shall not be liable for any claim based on any termination, suspension or any of the aforesaid actions taken by us in relation to your access to the website or application.

Representation and Warranties

You represent that, as on the date hereof, you have the full authority to enter into, execute and deliver these Terms and Conditions and to perform the terms contemplated hereby.
You shall only have access of the website or application and use the Services in accordance with the Terms and Conditions and Privacy Policy.
You represent that you are and will at all times be, in full compliance with all applicable laws, regulations, rules (including without limitation to all applicable laws regarding online conduct and acceptable content, privacy, data protection as per the applicable laws).
You represent that all the information provided by you is true, correct and accurate and you shall inform us of any change/ amendment in such information from time to time.
You shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which you do not have any right to; (ii) is grossly harmful, harassing, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, otherwise unlawful in any manner whatsoever; (iii) harms minors in any way; (iv) infringes any patent trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonates another person; (viii) threatens the unity, integrity, defence, security or sovereignty of Pakistan, friendly relations with friendly states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and/or (ix) represents fraudulent, false or misleading information/documents.
You agree and understand that you shall not use the Services for any unlawful purposes and shall not sell your access to the website or application. You shall not transmit any unnecessary information or unwanted electronic communication such as spam to other Users of the website or application. You will not misuse your right to access by introducing viruses, trojans, worms or other material likely to cause harm to the website or application and shall indemnify and keep us indemnified in case any action is initiated against us due to any loss, injury, expenses or liability caused to any other user of the website or application or any third party.

Disclaimer of Warranty

Should you use and access the website or the application for a Service, to the full extent permitted under applicable law, you agree that:

The Services made available to the Users is on “as is”, “where is” and “as available” basis as described in these Terms and Conditions (as amended from time to time) without any express or implied warranty, representations or conditions;
Your use of the website or application shall be at your sole risk to the fullest extent permitted by law, and we or any of Our affiliate, director, officer, employee, licensor, agent, reseller, owner, or operator disclaim all warranties of any kind, whether express or implied, in connection with the website or application and your use of the Services thereof;
We make no warranties or representations about the accuracy or completeness of the website’s Content or the content of any sites linked to this website and assumes no liability or responsibility for any: (a) errors, mistakes, or inaccuracies of Content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website or application; (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) any bugs, viruses, which may be transmitted to or through our website or application by any third party; (e) regarding the reliability, accuracy, completeness, validity or truthfulness of any information, material or other Content obtained through use of the Services; and (f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website or application;
We make no warranties or representation that our website or the service will be uninterrupted, timely, without down-time, secure or error free or that the defects will be corrected;
we do not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Terms and Conditions;
To the extent permitted by applicable law, we disclaim our liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect, deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records, whether due to breach of contract, negligence, tort or due to other cause of actions.

Limitation of Liability

In no event shall the Company be liable, whether in contract, tort (including negligence), equity or otherwise for any loss of profits, business, contracts, or revenues, trading losses, loss of operation time, increased costs or wasted expenditure, loss of goodwill or reputation, special, indirect, incidental, punitive or consequential damage or loss of any nature whatsoever or howsoever arising out of these Terms and Conditions, whether or not the Company has been advised of the possibility of such damages or losses.
The maximum aggregate amount that you or any party claiming through you can recover from the Company and its affiliates, officers, employees, agents or all claims arising from, under or relating to these Terms and Conditions (whether in contract, tort including negligence, equity or otherwise) will in no event exceed the amount of PKR 1,000.

Intellectual Property Rights

You acknowledge and agree that the Company owns all legal rights, titles and interests in and to the Services, including any intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“Intellectual Property Rights”), which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights exist). Any infringement of our Intellectual Property Rights shall be governed by the applicable law in Pakistan.
Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company or by third parties who have licensed their materials to the Company and are protected by Pakistann and international copyright laws. The compilation of all Content on the website and the application is the exclusive property of the Company and is also protected by Pakistann and international copyright laws.
Users will not obtain any rights, title or other interest in or to any information on the website and the application or related Intellectual Property Rights. Subject to the above. Users are not permitted to sell or distribute or otherwise deal with the information on the website and the application or any deviations of such information without the prior written consent of the Company.
You understand and agree that you do not have the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services. You will not copy or transmit any of the Services.
You agree that you will indemnify us for any use of the proprietary information displayed on the website or the application which infringes third party intellectual property rights.
You shall not indulge in disassembling, decompiling or unlocking, reverse engineering, or in any manner decoding the website or our application for any reason whatsoever, including copying any features, functions or user interfaces/graphics of the Services.

Indemnification

The User agrees to defend, indemnify and hold the Company and its agents, representatives, affiliates, directors, officers, employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) any breach of the Terms and Conditions, Privacy Policy or any other policies as notified by the Company from time to time; (b) any negligence or wilful misconduct by you, or your employees or agents or affiliates violation; (c) any act or omission by you in violation of its legal, statutory, regulatory or other duties or obligations in connection herewith; (d) violation of any third party right, including without limitation any copyright, property, or privacy right; and/or (e) any claim that another user submissions caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions and your use of the website and the application.

Third Party Websites and Contents

The Website may contain links to third party websites and third party contents that are not owned or controlled by us and we have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. By using the website, you specifically release us from any and all liability arising from your use of any third-party website. Inclusion of third party websites or third party contents or linking to any does not imply approval or endorsement thereof by us.
In case you decide to leave the website and access the third party websites, you do so at your own risk and will be governed by the privacy and other policies of that third party.

Amendment

We reserve the right to make changes to the Terms and Conditions from time to time. Please review the Terms and Conditions for updates or changes. Your continued use of the Service(s) and access to the website or application shall be deemed your acceptance of the then current version of the Terms and Conditions.

Severability

If any of these terms are determined to be illegal, invalid or otherwise unenforceable in accordance with applicable laws by a competent authority, then, to the extent and within the jurisdiction where such term is illegal, invalid or enforceable, it shall be severed and deleted and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

Non-Assignment

You cannot assign or otherwise transfer your rights or obligations under these Terms and Conditions to any third party. The Company may transfer its rights and obligations under these Terms and Conditions without your prior express consent, provided that the Company will assign these Terms and Conditions on the same terms or terms that are no less advantageous to you.

Governing Law and Dispute Resolution

These Terms and Conditions along with the Privacy Policy and other policies of the Company shall be governed by and construed and interpreted in accordance with the laws of Pakistan. The courts of Karachi shall have exclusive jurisdiction with respect to any dispute arising hereunder.
In the event of any dispute or difference arising between the parties or in connection with these Terms and Condition along with the Privacy Policy and other policies, the parties shall attempt to reach an amicable solution by mutual discussion within a period not exceeding ten (10) days.
In case of failure to resolve the dispute amicably, the parties shall refer the dispute to the Arbitration Act, 1940. The Arbitral Tribunal shall consist of a sole arbitrator who shall be jointly appointed with the consent of both the parties. The Agreement shall be governed by the laws of Pakistan, as applicable. The seat and venue of the arbitration shall be Karachi, Pakistan and shall be conducted in English language.

No Waiver

Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

‍Miscellaneous

None of the provisions of these Terms and Conditions will be deemed to constitute a partnership or agency between you and the Company, and you will have no authority to bind the Company in any manner whatsoever. Any notice required to be given in connection with the website or application shall be in writing and sent to the registered office of the Company. We do not guarantee continuous, uninterrupted or secure access to the website or application, and operation of the website or application may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of any section in these Terms and Conditions.

Clarifications

If you have any queries or concerns regarding these Terms and Conditions, please contact us at admin@smartbenefits.pk