MigrateSmart reserves the right in its sole discretion, to change, modify, cancel or suspend any of our Services (or any part thereof) from time to time. These Terms constitute the entire Agreement and understanding between you and MigrateSmart with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
It is hereby agreed by the User that:
- The User is 18 years old or above and lawfully competent to use the Services. The use of the Services by children and young people should be managed by their parents/guardians or an appropriate adult, and in such a case these Terms shall be deemed to be a contract between MigrateSmart and the legal guardian or parent.
- MigrateSmart may update and change any or all of these Terms at any time in its sole discretion, without any notice to the User. It is your responsibility to review these Terms periodically, and continued use of the Services after such an update shall constitute your consent to such changes.
- The User agrees to become bound by the Terms of this Agreement by accessing and using the Services in any manner. You are bound by these Terms even if you are a visitor browsing this Website/Application. You may not proceed any further to use the Services or access the material provided on our Site, if you do not agree with these Terms.
MigrateSmart’s Services consist of providing a complete range of immigration solutions and assistance and are dedicated to ensuring best guidance and Services to the Users. We strive for complete accuracy with regard to the content on our Website, however, Government rules and regulations frequently change without notice and at any time Migratesmart is not responsible for any information which has undergone change or is no longer valid.
For availing Our Services, User needs to provide personal information and other relevant documents and details. However, by sharing personal information and details, the User agrees to allow MigrateSmart to share this information with it’s partners, affiliates, and employees, and to upload the information on Government portals related to immigration and other such related portals.
Neither party shall disclose the Terms of this Agreement to any third party except as required by applicable law, rule, or regulation. Provided, however, that MigrateSmart might share such information and documents provided by the User with any third party or Government bodies or authorities as and when required in accordance with our providing Services to the User or to facilitate any process as requested by the User. MigrateSmart also reserves the right to ask for additional verification documents apart from, and not limited to, the information collected as part of providing consultation and other services.
The personal information provided by the User is kept in the database of MigrateSmart to keep a record to comply with legal and regulatory obligations. MigrateSmart cares for Users’ privacy and takes all preventive measures to keep all the communications between the Migratesmart and User confidential.
In the event you choose to contact us and provide details in order to avail of the Services provided by the Website, you will be responsible for maintaining the confidentiality and security of the information provided by you, and are fully responsible for all activities that occur during the course of you providing information to us through e-mail, post or any other medium. We will not be liable for any damages resulting from use of this Website by anyone, or for any loss or damage caused by disclosure of information by other parties.
The User agrees that all payments made to MigrateSmart are non-refundable unless otherwise specified in these Terms. All the payments done by you for processing your requests, subscription or availing our Services must be done by credit card, debit card, or any other valid payment method, alongwith applicable taxes, and all the information provided by you in connection with such payment must be accurate and complete. All the payments made to Migratesmart are exclusive of any third party or statutory government fees.
By using our Services and posting any documents, data, photographs, text, messages, application information, comments, questions, answers and other content or information (“Data”) on our Website, you expressly grant us a perpetual, irrevocable, sublicensable, unlimited, worldwide license to use, modify, quote, publish, translate, archive, store, reproduce, modify, create derivative works from, and otherwise communicate, in any manner or form and in any medium or forum, the information that you submit, upload, store, send, or receive on or through our Services. All rights not expressly granted herein are reserved by MigrateSmart and its licensors.
You agree not to license, distribute, create derivative works from, commercially use, disclose, display, sell or otherwise communicate, and publicly display any Data from MigrateSmart, excluding the Data you create and submit.
We reserve all rights not expressly granted herein, and may terminate this license at any time for any unauthorized access or for any other reason or no reason.
Links to third Party Sites
The Website provides links to third-party sites and access to content, products, date and services from third parties, including users, advertisers, affiliates and sponsors of the Website. You agree that we are not responsible for any loss or damage of any sort you may incur from dealing with any third party or using their software or services. We do not endorse or assume any responsibility for any such third party content. Please note that User’s use of third party services will be governed by the terms and privacy policies of such third party and we are not responsible for the contents or material of any third party site.
Cancellation Policy/ Refusal of Service
MigrateSmart reserves the right, at its sole discretion, to pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its Website, cancellation of the User’s requests, data processing, information provided by the User and/or the exclusion of any person(s) who may have violated any Terms. MigrateSmart will cooperate with any investigation conducted by any Central, State, or local body or any Court or Tribunal legitimately exercising its rights. Such cooperation may be without notice to the user.
All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms shall survive termination. We will automatically terminate this Agreement if any circumstances arise that are beyond the control of MigrateSmart and User, and will stop from carrying out any further responsibilities. If a service is cancelled prior to payment of any balance due, the balance of fees shall be made clear by the User.
Limitations of Liability
User understands that the content forming part of the Services is the sole responsibility of the person from whom such content originated. Unless explicitly stated to the contrary, MigrateSmart, its partners, employees, officers, agents, licensors and affiliates do not control the content posted via or made available using the services and do not warrant the accuracy, availability, integrity or quality of such content. The User agrees that MigrateSmart and its partners, affiliates, and employees shall in no circumstances be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses. The User further with immediate effect waives any right which had accrued to him from using the Website to initiate any legal action against MigrateSmart.
User agrees that use of our Website and Services is at User’s sole risk. The service is provided on an “as is” and on an “as available” basis. MigrateSmart expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We take seriously acts of deliberate default, fraud and/or providing misleading information. User hereby agrees not to:
- Collect, alter, modify, publicly display, reproduce or commercially exploit any personal information of any individual provided in our database;
- Harass, threaten, embarrass or cause distress or discomfort upon another User or other individual or entity;
- Transmit any information, data text, files, links software, communication or other materials that MigrateSmart considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- Disrupt the normal flow of dialogue in the Services or otherwise act in a manner that negatively affects other Users;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services in any manner;
- Post pictures or recordings in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law.
- The advice MigrateSmart offers during consultation process can only be regarded as current and valid for the time at which it is given. It cannot be held responsible at a later stage for changes in any immigration policy or laws which may affect the User.
- The User accepts that MigrateSmart only acts as a service provider and facilitates the immigration process by providing consultation services and other relevant information thereto. MigrateSmart will not be liable for any information User might submit on our Website or on any third party site including any Government portals, and will also not be responsible for outcome or result or any such process undertaken by the User.
- Neither MigrateSmart nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
MigrateSmart is not responsible for refund of any fees or other amounts/charges that have been paid by User to any third party including local, State or Governmental authorities. The registration/processing fees only include the charges towards the Services rendered by Migratesmart and does not include any application or assessing fees. The User agrees to pay the entire additional fees required, as applicable, during the processing.
Migratesmart will not be responsible for any loss of documents during transition. If any documents are transferred though mail, courier or any other mode with the permission of the User, then Migratesmart will not be held liable for any damage or loss of documents if occurred during transition.
- User acknowledges that services provided by MigrateSmart are only advisory Services and MigrateSmart is not a part of any Government authority or organization.
MigrateSmart shall use reasonable efforts to keep the Services available in accordance with the information that User has received at the date of your acceptance of the Terms. However, MigrateSmart may suspend the Services for repair, maintenance, and/or upgrade work without any notice and without assuming any liability therefor.
MigrateSmart will cooperate fully with government/regulatory bodies involving any misuse or violation of applicable laws. MigrateSmart is not responsible for any of the content or for any loss/damage incurred by use of the Services by the User. MigrateSmart reserves the right to modify or discontinue the Services with or without notice to the User.
Trademark, Copyright and Restriction
Migrate Smart is a registered trademark of MigrateSmart Services LLP. All material on this site, including images, logo, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for User’s personal and non-commercial use. User must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. MigrateSmart Services LLP will aggressively enforce the intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
- Assignment : You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. MigrateSmart shall have right to transfer your information, rights and/or obligations under the Agreement to a third party who purchases MigrateSmart business as conducted under the Website. MigrateSmart may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement.
- Severability and Waiver : If, for any reason, any provision of these Terms is deemed invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by MigrateSmart to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Force Majeure : If performance of any service or obligation under these Terms and Conditions is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, utility or communication failures, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, which are beyond the reasonable control of MigrateSmart or its third party affiliates performing such services as sub-contractor to MigrateSmart and could not have been prevented by reasonable precautions, then MigrateSmart shall be excused from such performance to the extent of and during the period of such Force Majeure Event.
- Indemnification : You agree to indemnify, defend and hold us and our subsidiaries, affiliates, officers, directors, agents, employees, and licensors, harmless from and against any and all claims, costs, damages, and expenses, including reasonable attorneys’ fees, resulting from your violation of these Terms or your use of the Website and Services, or in relation to the non-fulfillment of any of your obligations arising out of the use of our Website, or arising out of violation of any applicable laws, regulations including but not limited to payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. These obligations will survive any termination of the Terms.
- Governing Law and Jurisdiction : Our Terms and all Services provided or availed through the Website and the relationship between you and MigrateSmart shall be governed by the laws of India without regard to its conflict of law provisions and the courts of New Delhi shall have the exclusive jurisdiction in relation to any matter arising out of or from these Terms.
Please help us keep the MigrateSmart site an enjoyable experience for all Users. If users observe materials or behavior that may violate or are in violation of the our Terms, Users are requested to contact us at firstname.lastname@example.org to inform us accordingly. For more information about this Agreement or any comments or questions related to our Services, please contact us by email or write to us at:
C-24, South Extension, Part 2
New Delhi – 110049, India