Effective Date: 20, September 2022
These terms and conditions ("Terms") govern the use of or access to SMPro ("Website"), the "SMPro" mobile application ("App"), and the Services (defined below). The Website and App are collectively referred to as the "Platform".
These Terms also include our privacy policy, available at Privacy Policy, and any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. These Terms may be updated by us, without notice to you and the Terms, as amended, shall apply to you from time to time. You can always review the most current version of these Terms on the Platform.
These Terms constitute a binding and enforceable legal contract between Sales Doctor Solutions ("SMPro ") and a User (defined below) or any end user of the Services (collectively, "you"). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are eighteen years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
1. SERVICES
1. The Platform allows small businesses such as vendors, merchants, and suppliers (hereafter, "Merchants") to record their daily transactions, such as the sale and purchase of goods and services, with their customers ("Customers").
2. PROFILE CREATION
1. To use the Services, a Merchant would be required to create a merchant profile on the Platform ("Profile"). In addition to setting up username and password to create the Profile, the Merchant will be required to furnish certain details, including but not limited to phone numbers and details of their businesses. The Merchant warrants that all information furnished in connection with its Profile is and shall remain accurate and true in all respect, and agrees that it shall promptly update its details on the Platform in the event of any change or modification.
2. The Merchant is solely responsible for maintaining the security and confidentiality of its username and password, and agrees to immediately notify SMPro of any disclosure or unauthorised use of its Profile or any other breach of security with respect to its Profile.
3. The Merchant expressly agrees to be liable and accountable for all activities that take place through its Profile. SMPro shall in no manner be held liable for any unauthorised access to a Merchant’s Profile.
4. The Merchant agrees to receive communications from SMPro regarding: (i) information relating to transactions recorded on the Platform; (ii) requests for payment; (iii) information about SMPro and the Services; (iv) promotional offers and services from SMPro and its third party partners, and (v) any other matter in relation to the Services.
3. TRANSACTION INFORMATION
1. Merchants may upload information relating to transactions with Customers, including the sale of goods or services, costs, amounts paid and payable, and details of goods and services, on the Platform (such information is referred to as "Transaction Information"). Transaction Information may be exchanged between Merchants and Customer through telephonic calls, text message, WhatsApp, email, or other electronic mediums that would depend on the contact details of Merchants and Customers provided on the Platform.
2. At the time of creating or uploading the first Transaction Information with respect to a Customer, the Merchant shall inform such Customer of its use of the Platform to record such Transaction Information and Transaction Information related to future transactions and seek such Customer’s express consent in this regard and to:
- a) The creation of a profile of the Customer on the Platform, which will require sharing such Customer’s phone number and contact details with SMPro;
- b) receive communications from SMPro regarding: (A) information relating to their transactions recorded on the Platform; (B) requests for payment; (C) information about SMPro and the Services; (D) promotional offers and services from SMPro and its third party partners, and (E) any other matter in relation to the Services.
3. Should the Customer fail to provide consent, or withdraw consent, the Merchant shall immediately cease to use the Services in relation to that Customer.
4. YOUR RESPONSIBILITIES
1. The User represents and warrants that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while the User avails the Services. Should any information that the User provides change during the existence of these Terms, the User undertakes to immediately bring such change to SMPro’s notice. SMPro does not accept any responsibility or liability for any loss or damage the User may suffer or incur if any information, documentation, material, or data provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if the User fails to disclose any material fact.
2. The User shall be solely responsible for ensuring compliance with applicable laws, and shall be solely liable for any liability that may arise due to a breach of its obligations in this regard.
3. The User shall extend all cooperation to SMPro in its defence of any proceedings that may be initiated against it due to a breach of the User’s obligations or covenants under these Terms.
4. While SMPro uses commercially reasonable efforts to provide Users with a daily backup of their Transaction Information, Users should regularly and independently save, backup, and archive such Transaction Information.
The User shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, the User may not:
- a) infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- b) except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works from, or license the Services;
- c) use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware;
- d) use any robot, spider, other automated device, or manual process to monitor or copy the Platform or Services or any portion thereof;
- e) engage in the systematic retrieval of content from the Platform or Services to create or compile, directly or indirectly, a collection, compilation, database or directory;
- f) use the Services in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms; or
- g) violate applicable laws in any manner.
5. OUR INTELLECTUAL PROPERTY
1. All rights, title, and interest in and to the Platform and Services, including all intellectual property rights arising out of the Platform and Services, are owned by or otherwise licensed to SMPro. Subject to compliance with these Terms, SMPro grants the User a non-exclusive, non-transferable, non-sub licensable, royalty-free, revocable, and limited licence to use the Platform and Services in accordance with these Terms and its written instructions issued from time to time.
2. SMPro may request Users to submit suggestions and other feedback, including bug reports, relating to the Platform or Services from time to time ("Feedback"). SMPro may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of the User’s intellectual property rights.
3. Except as stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to SMPro's or any third party’s intellectual rights.
6. TERM AND TERMINATION
1. These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
2. SMPro may terminate a User’s access to or use of the Services, or any portion thereof, immediately and at any point, at its sole discretion if the User violates or breaches any of its obligations, responsibilities, or covenants under these Terms.
7. DISCLAIMERS AND WARRANTIES
1. The use of the Services is at your sole risk.
2. You acknowledge and agree that SMPro is not engaged in the provision, grant, or disbursement of any financial product. SMPro is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arise out of the use of financial products.