The Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our relationship with regard to the use of NSMART/NSMART NEIGHBOURHOOD NETWORKS (Brand owned and operated by Greensmart Infracon Private Limited) Products and Services by you.
(VISITORS TO THIS WEB WEBSITE/APPS ARE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS") SO PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE CONTINUING TO USE THIS WEBSITE/APPS).
You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. NSMART may add to or change or update these Terms of Use, from time to time entirely at its own discretion.
You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of our Website/apps after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions to our website or apps
"Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of NSMART. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced. Portal/Website/apps means the NSMART platform owned and operated by NSMART. User/You means and includes any Customer / Users / You (the person or any legal entity) who uses the services offered by NSMART through its Portal.
The Agreement between You & NSMART is Subject to the Following Terms And Conditions:Registration of the User on our Website/apps is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever regardless of any authorization from such party.
The User agrees to use the services provided by NSMART, its affiliates, consultants and contracted companies, for lawful purposes only.
The User agrees to provide authentic and true information. NSMART reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), NSMART has the right in its sole discretion to reject the registration and debar the User from using its services without prior intimation whatsoever.
The User agrees to:(a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on our Website/apps
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. (If the User provides any.)
1. General:
A) THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES THEREUNDER, AS AMENDED FROM TIME TO TIME. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
B) For the purpose of these terms of use, whenever the context so requires:
I. "Affiliate(s)" shall with respect to Company include any person directly or indirectly controlling, controlled by or under the direct or indirect common control with the Company including its subsidiaries and associate companies.
II. "Company", "We", "Us" or "Our" shall mean GREENSMART INFRACON PRIVATE LIMITED., (NSMART) having its registered office at 8-2-269/C/100, Sagar Society, Road No – 2, Banjara Hills, Hyderabad, Telangana – 500034 and its successors and assigns.
III. "Customer Application Form (CAF)" shall mean the Form filled by the customer at the time of applying New Internet along with any other subscriptions and Services as required under applicable law.
IV. "MSISDN" means the Mobile Subscriber Integrated Services Digital Network Number.
V. "Product(s)" includes our Website/apps, NSMART’s, applications and services.
VI. "Service(s)" shall mean all Services that NSMART provides to its subscribers through the Website/apps including but not limited to Broadband Services, (Digital Television Services, Over the Top Boxes, Stream TV boxes, Content Streaming services, entertainment and gaming services and value added services and all other Services) that may be launched and provided through our Website/apps.
VII. "Website/apps" shall mean www.nsmartnet.com and its end user apps.
VIII. "You" or "Your" shall mean any person accessing this website www.nsmartnet.com (or our user android and IOS apps), its contents or using the services offered through our (Website/apps) and shall include a subscriber of Services or purchaser of Product of the Company, through our (Website/apps).
C) This Document contains the rules and regulations, terms of your access and use of the Website/apps.
D) By accessing, browsing and / or using our Website/apps, you confirm that you have read understood and agreed to conform to and be bound by the terms and conditions contained herein.
E) The Company may amend or update the terms contained herein by publishing such updated / amended terms of our Website/apps, from time to time. By continuing to access and use our Website/apps, you shall be deemed to accept and conform to the updated and amended terms.
F) You further agree that the terms and conditions contained in this Document shall apply in conjunction with the Privacy Policy at https://www.nsmartnet.com/legal/privacy-policy, Customer Application Form (CAF) for NSMART’s Services, End User Agreement of NSMART’s stream TV Box, or any other terms agreed, document executed/signed by you, as may apply.
G) If you do not agree to any of the terms, please do not access our Website/apps or avail any Product through our Website/apps
A. In order to avail any Product or Services through the Website/apps, registration of the user on the webwebsite/apps is mandatory. The registration process may involve without limitation, setting up of a profile, user name and password, your name and other information. You may however, browse / access certain information and post complaint, feedback or suggestion on the Website/apps, without having to register.
B. The password is an authentication tool and we recommend that each User periodically changes the password. We strongly recommend that the password be retained confidential. You shall remain solely responsible for maintaining confidentiality of your username, password or account details which you have created for availing services through the Website/apps. You agree to immediately notify the Company of any unauthorized use of your password or account or any other security breach.
C. Company may rely on the authority of any person accessing your account using your password. The Company has no responsibility and liability with regard to the privacy, safety and security of any information (including Personal Information) that you may share voluntarily with third parties for availing their products or services, through the Website/apps or any compromise of the confidentiality of your account/ password or any authorized access to your account/password.
D. You also warrant the accuracy, truthfulness and currency of all information that you submit while accessing or using the website/apps/app. If you provide any information which is or which the Company has reasonable grounds to suspect is untrue or incorrect, the Company reserves right to suspend or terminate your access to the webwebsite/apps/apps.
E. In a few areas of Website/apps (including but not limited to the registration page/section) we may ask you to provide Personal Information and for this purpose. You hereby grant consent to the Company, its affiliates or permitted third parties to contact you, if necessary, on the MSISDN provided by you. This allows us to provide and inform you of the latest services and features that most likely meet your needs, and to customize our Website/apps to make your experience safer and easier and will enable us to use the information you provide us with to keep you informed of our latest Products and Services after your visit to the Website/apps. Your personal information will be used in accordance with the Privacy Policy available at www.nsmartnet.com.
F. The Company may allow you to post your experience or feedback in respect of Products and Services or the browsing of the Website/apps ("Your Content"). You undertake that your content shall be true and correct and shall not belong to third party or fictitious names. By submitting/posting Your Content via the Website/apps, via email or otherwise, you grant us a perpetual, royalty free and irrevocable license to copy, modify, distribute or create a derivative work from that material in any form or communicate to the public the same for the purposes of Company’s business and the right to sub-license those rights to others or our affiliates. You warrant that your content is fit for publication, you own all rights with respect to the same and you agree to indemnify us if any third party takes action against us in relation to the material that you submit. The Company does not routinely monitor your postings to the Website/apps but reserves the right to do so. In our efforts to promote good citizenship within the Internet community, if we become aware of inappropriate use of the Website/apps or any of its services, the Company will respond in any way that, in its sole discretion, it deems appropriate. Company shall have the right but not the obligation to monitor the posting/material to determine compliance with these terms and conditions and applicable laws. Company reserves the right to edit the material or remove the material at its discretion without any notice.
1. You must use the Website/apps strictly in compliance with all applicable laws including but not limited to Information Technology Act, 2000 and the Rules made there under. You must not host, display, upload, modify, publish, transmit, update or share any information via the Website/apps which
a. Belongs to another person and to which the user does not have any right to;
b. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c. harm minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is
grossly offensive or menacing in nature;g. impersonate another person;
h. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource;i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign 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.2. The Company upon obtaining knowledge of posting etc., of any non compliant information reserves full right in its sole discretion to disable such information.
3. You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to the Company or any of its customers or users of the Website/apps by any means.
4. You will not use the Website/apps such that you would cause the whole or part of the Website/apps to be interrupted, damaged, or rendered less efficient or impaired in any way.
5. You are prohibited from probing /testing/violating the security of the Website/apps or attempting to including, without limitation
(a) accessing data not intended for you or logging into a service or account which you are not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers,
(c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus or "trojan horse", overloading, "flooding", "mail bombing" or "crashing" or
(d) sending unsolicited electronic mail including, promotions and/or advertising of other products or services.
6. You may not copy/mirror any material contained on the Website/apps on any other server without the prior written consent of the Company. Any unauthorised use of the contents of the Website/apps may be in breach of copyright laws or trademark laws.
7. You agree to use the services provided by the Company, its affiliates, consultants and contracted companies, for lawful purposes only.
The content (information, communications, images, logos, trade names / trademarks, videos and sounds contained on or available through our website or apps) are provided by the Company, its affiliates, independent content providers and third parties.
The contents available on our website or apps are properties of the Company, its affiliates, independent content providers or third parties.
The contents of our website/apps cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of our Company.
The Company stands committed to make reasonable efforts to update or correct any information that appears on our website/apps. However, the Company does not make any representation or warranty (expressed or implied) in relation to or in any way guarantee that any information available on our website/apps at any given time is accurate, complete, current or error free or make any representation or warranty with regards to merchantability, title, fitness for a purpose or non-infringement. The Company expressly disclaims all responsibilities for any misinformation, inconvenience, loss or financial or other damage caused to you due to the use of our website/apps. Information is supplied on “as is basis” and upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to its use or in connection with the making of any decision using such information. The technical specifications and settings of your computer and its display may affect the accuracy of display of colours.
I. This Site may be linked to other websites, applications, services on the World Wide Web that are not under the control of or maintained by the Company. These links are provided for your convenience only. Such links do not indicate any responsibility or endorsement on our part for the concerned external website, its contents or the links displayed on it. The Company makes no representations or warranties, express or implied, concerning any products, services, content or information found on any linked websites.
II. The Company shall not assume or accept any responsibility or liability for the contents which are made available by independent content providers or third parties on our website/apps or any other website linked with our website/apps.
III. You agree to access and / or avail such contents in accordance with policies of such independent content providers or third parties at your own risk, responsibility and liability
All Intellectual Property rights in our website/apps, design, text, graphics, applications, software, underlying source code and all other aspects belong to the Company and /or its affiliates. Your access to our website/apps or use thereof shall not grant in your favour, by implication, estoppels or otherwise, any license, right, title or interest to use any marks appearing on our website/apps without the prior written consent of the Company or the third party owner thereof.
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, its affiliates or its content suppliers and is protected by the appropriate Intellectual Property Laws.
The trademark ‘NSMART, NSMART Neighbourhood Networks, Greensmart Infracon Private Limited, its logo, trademark ‘NSMART, its logo, and other Services Marks and logos owned by and/or licensed to the Company and /or its affiliates. There will be certain trademarks of third parties whose products are made available on our website/apps, these marks are used for representation purposes only and the Company does not claim any rights over these trademarks.
The Company, its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns and we will try and answer your concerns.
By accessing or using our website/apps, you confirm to acknowledge and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to the Company or to any third party content licensor to the Company that is made available through our website/apps.
a. You agree that our website/apps is a platform provided purely on a “best endeavour” basis and subject to acceptance of these Terms. The Company shall not be responsible or liable for any loss, injury or any other liability (financial or otherwise) to any user arising due to access or use of our website/apps.
b. The service is accessed via the World Wide Web which is independent of our website/apps and the Company. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. The Company has no responsibility for any information or service obtained by you on the World Wide Web.
c. Our website/apps are secure website and applications and the Company will take all reasonable steps to maintain our website/apps as a secure website. However even secure websites or applications are susceptible to infiltration and/or corruption. There are a number of transactional facilities on our website/apps, wherein you can pay your bills, or get certain services activated by paying the requisite amount online. Except for the payment facilities available through our website/apps, the provision of services is governed by the relevant service contract or CAF.
d. The Company shall not in any way be responsible for any damage or loss caused to you as a result of financial transaction on our website/apps. The Company would also not be responsible or liable in any manner if your credit card / net banking is misused / used fraudulently while being used on our website/apps.
e. The Company would not be responsible or liable in any manner for any error or defects that may exist or for any costs, loss of profits or consequential losses that may arise from your use of or inability to use, or access or a failure, suspension or withdrawal of all or part of the facilities available through our website/apps at any time.
f. The Company accepts no liability or responsibility for loss of data or breach of confidentiality or other consequences howsoever occurring. In case there has to be a reversal of money paid online, it would be entirely dependent on the payment gateway's terms and conditions and the Company would not be responsible or liable in any manner for quick reversal or for expediting the process.
a. In no event the Company including its affiliates, directors, officers, agents, employees shall be liable for any loss or damage whatsoever including not limited to direct, indirect, punitive, incidental and consequential damages, loss of profit, loss of data, loss of goodwill resulting from the use or inability to use our website/apps whether based on warranty, contract, tort or in any other means or action.
b. The Company, to the fullest extent permitted by law, disclaims all warranties and liability related to your access or use of our website/apps. Recognizing the special circumstances relating to our website/apps you agree to waive as against the Company, its affiliates, officers and employees, to the fullest extent permissible by law, any claims including for loss of business howsoever arising from or relating to the use of our website/apps. Without prejudice to the above the Company's maximum liability, if any, is restricted to the transaction fees paid to the Company by you in respect of the relevant service.
You shall indemnify and keep indemnified the Company and its officers, directors, employees, customers, affiliates, agents and licensors harmless from and against any and all claims (including third party claim), losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which the Company may incur, pay or become responsible for as a result of breach or alleged breach of your representations or obligations under the Terms and Conditions, any failure by you to comply with applicable law, breach of privacy, defamation, infringement of intellectual property rights of the Company and any third party and any third party claim in respect of misuse of any information of a third party. The Company shall have the right to defend itself, pursuant to this Clause, subject to your indemnification. These indemnity obligations will survive termination of your relationship with Company or you ceasing to use our website/apps.
i. You accept and agree that the Company may suspend or vary the whole or any part of our website/apps for any reason, at any time at its sole discretion without prior notice.
ii. The Company hereby reserves the right to make subsequent changes to, our website/apps or its content and services may be modified, varied, supplemented or withdrawn, if so required in view of business exigencies and/or applicable laws. Such variations etc. will be deemed effective and in force immediately upon posting of the varied terms on our website/apps. You are therefore advised to check this Site regularly for any update(s) or amendment(s) made to these Terms and Conditions and in the event the modified or amended terms and conditions are not acceptable to You, You should discontinue accessing our website/apps.
iii. Your continued usage of our website/apps in any manner will constitute your acceptance of the latest revised terms and conditions. These terms and conditions along with separate written or electronic contract if any, between you and Company constitutes the complete agreement between you and Company. iv. The failure to exercise or enforce any provision shall not be deemed as waiver of that provision. If any provisions of these terms and conditions are held to be void or unlawful, it shall not affect the validity of the balance provisions. Company may assign its rights and obligations herein any time without notice to you. Your rights and obligations are not assignable without our consent.
In case of non-compliance of the terms contained herein, Privacy Policy or any other governing agreement(s) for access or usage of the Products or services, the Company reserves right to immediately terminate your access or usage to the Products and / or remove any non-compliant information posted by you.
If we do not act in relation to a breach of the Terms contained herein by you, that should not be construed as a waiver of any of our rights to act in relation to that breach or any later breach by you.
If you have any complaints or concerns with regard to content or to report any abuse of applicable laws, breach of Terms herein, or any content of the Site is in violation of your rights or the services through the Site is in violation of Rule-3 of the Information Technology (Intermediary Guidelines) Rules, 2011, then you may immediately contact the Grievance Officer in the following manner:
Sending a request in writing or through e-mail signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially;
Providing your contact information including e-mail, address, and telephone number where you can be contacted if required;
Giving a declaration-cum-undertaking along with necessary documents establishing you (i) as the rightful owner of the content to be disabled / affecting you prejudicially, (ii) as an affected person, stating that the information submitted is true, complete and accurate and no material fact has been hidden, and also stating that the Company, its affiliates, Directors, employees, including Greivance Officer shall not be liable for any loss or damage or claim for relaying on such requests;
You may forward your feedback/ request /complaints to Grievance Officer
Name : Grievance Officer
Contact : E-mail: consumerprivacy@nsmartnet[dot]com
These terms and conditions are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Hyderabad
