Service Provider Agreement

Last updated: July 05, 2020

This Service Provider Agreement (“Agreement”) is made, executed and agreed upon by the following parties;

Merchant Company (“User”), a company which has sought to use Smartsense Technologies Pvt Ltd’s services of First Part (hereinafter refer as “User” which expression shall unless repugnant to the subject or context shall mean and include its successors and permitted assigns)

AND

Smartsense Technologies Private Limited (“Smartsense Technologies Pvt Ltd”), a company incorporated under the Companies Act, 1956, having its registered office at 9A, Shahtoot Marg, DLF Phase 1, Gurgaon - 122002, (which expression shall unless repugnant to the subject or context shall mean and include its successors and assigns); agree to the terms and conditions set out hereunder of the Other Part.

I. Acceptance of Terms

Your use of services offered by Smartsense Technologies Pvt Ltd. (referred to Services in this document) is subject to the terms of a legal agreement between you and Smartsense Technologies Pvt Ltd. This page explains how the agreement is made up, and sets out some of the terms of that agreement (referred as Terms of Service (TOS) in this document). The name 'Smartsense Technologies Pvt Ltd' has been used interchangeable with 'unolo.com' and/or ‘Unolo’.

In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms of Use. You can accept the Terms by:

Clicking to accept or agree to the Terms, where this option is made available to you by Smartsense Technologies Pvt Ltd in the user interface for any particular Service; or

Actually using the Services. In this case, you understand and agree that Smartsense Technologies Pvt Ltd will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Provision of the Services being offered by Smartsense Technologies Pvt Ltd

Smartsense Technologies Pvt Ltd is constantly evolving in order to provide the best possible experience and information for its users. You acknowledge and agree that the form and nature of the Services which Smartsense Technologies Pvt Ltd provides may change from time to time without prior notice to you.As part of this continuing process, you acknowledge and agree that Smartsense Technologies Pvt Ltd may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Smartsense Technologies Pvt Ltd's sole discretion, without prior notice to you.

You acknowledge and agree that if Smartsense Technologies Pvt Ltd disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

You acknowledge and agree that while Smartsense Technologies Pvt Ltd may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by Smartsense Technologies Pvt Ltd at any time, at Smartsense Technologies Pvt Ltd's discretion.

By using Smartsense Technologies Pvt Ltd's services you agree to the following disclaimer: Smartsense Technologies Pvt Ltd disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Smartsense Technologies Pvt Ltd reserves the right to make changes and corrections to any part of the content of this website at any time without prior notice. Unless stated otherwise, all pictures and information contained on this website are believed to be in the public domain as either promotional materials, publicity photos, photoshoot rejects or press media stock. Please email a Takedown Request (by using the Contact Us on the home page) to the webmaster under the terms of the Digital Millennium Copyright Act if you are the copyright owner of any content on this website and you think the use of the above material violates the Copyright act in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitised by Smartsense Technologies Pvt Ltd. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the written permission of Smartsense Technologies Pvt Ltd.

III. Use of the Services by You

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Smartsense Technologies Pvt Ltd will always be accurate, correct and up to date.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree to use the data owned by Smartsense Technologies Pvt Ltd (as available on the website or through any other means like API etc) only for personal purposes and not for any commercial use unless agreed to with Smartsense Technologies Pvt Ltd in writing.

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Smartsense Technologies Pvt Ltd, unless you havebeen specifically allowed to do so in a separate agreement with Smartsense Technologies Pvt Ltd. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with Smartsense Technologies Pvt Ltd, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that Smartsense Technologies Pvt Ltd has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Smartsense Technologies Pvt Ltd may suffer) of any such breach.

You agree to the use of your data in accordance with Smartsense Technologies Pvt Ltd's Privacy Policy.

IV. Content in the Services

You should be aware that Content (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Smartsense Technologies Pvt Ltd (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Smartsense Technologies Pvt Ltd or by the owners of that Content, in writing and in a separate agreement.

Smartsense Technologies Pvt Ltd reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

Smartsense Technologies Pvt Ltd reserves the right to moderate, publish, re-publish, and use all user generated contributions and comments (including but not limited to reviews, profile pictures, comments, likes, favorites, votes) posted on the website as it deems appropriate (whether in whole or in part) for its product(s), whether owned or affiliated. Smartsense Technologies Pvt Ltd is not liable to pay royalty to any user for re-publishing any content across any of its platforms.

If you submit any material on the website, you agree thereby to grant Smartsense Technologies Pvt Ltd the right to use, moderate, publish any such work worldwide for any of its product(s), whether owned of affiliated.You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that Smartsense Technologies Pvt Ltd has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Smartsense Technologies Pvt Ltd may suffer) by doing so.

V. Proprietary Rights

You acknowledge and agree that Smartsense Technologies Pvt Ltd (or Smartsense Technologies Pvt Ltd's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Smartsense Technologies Pvt Ltd and that you shall not disclose such information without Smartsense Technologies Pvt Ltd's prior written consent.

Unless you have agreed otherwise in writing with Smartsense Technologies Pvt Ltd, nothing in the Terms gives you a right to use any of Smartsense Technologies Pvt Ltd's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorized to do so in writing by Smartsense Technologies Pvt Ltd, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

VI. Exclusion of Warranties

Nothing in these terms, including sections 6 and 7, shall exclude or limit Smartsense Technologies Pvt Ltd's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available".

In particular, Smartsense Technologies Pvt Ltd, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: