SMART WORK MART – TERMS AND CONDITIONS

version 1.0 – Effective Date: 02 Feb 2024

This document is an electronic record within the meaning of the Information Technology Act, 2000, and the applicable rules made thereunder, as amended from time to time. This electronic record has been generated by a computer system of Smart Work Mart and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, requiring the publication of the Terms of Use for accessing or availing the services offered by Smart Work Mart through its official online platform.

This document satisfies the conditions specified under Section 65B(2) of the Indian Evidence Act, 1872, thereby making it a legally admissible electronic record.

This Agreement is entered into between Smart Work Mart, a proprietorship firm registered under Udyam and GST, having its principal place of business at 63, Near Metro Station, Sector 62, Noida 201301 (Uttar Pradesh), the owner and operator of the website www.smartworkmart.com (the “Smart Work Mart Platform” or the “Service”), and you (“you” or “User”), a registrant or user of the Service. By accessing, registering or using the Service, you acknowledge and agree to be bound by these Terms and Conditions and all associated policies incorporated herein by reference.

Scope of Smart Work Mart Services:

These Terms of Service apply to all users who access or use Smart Work Mart’s services. Information shared or uploaded by users through the Smart Work Mart platform may include links to third-party websites or services that are not owned or controlled by Smart Work Mart. The Company does not hold any control over, and shall not be responsible for, the content, privacy policies, or practices of such third-party websites. Smart Work Mart also disclaims any liability for inaccuracies, misrepresentations, defamation, obscenity, or any other objectionable material contained in any third-party content displayed or linked through the platform. Furthermore, Smart Work Mart neither monitors nor edits third-party content in any manner. By using our services, you expressly agree that Smart Work Mart shall not be liable for any damages, losses, or claims arising from your access to or reliance upon any third-party website or service. You acknowledge that any opinions or information expressed in third-party content solely belong to their respective authors and do not necessarily reflect the views or beliefs of Smart Work Mart.

System Errors, Information Accuracy, and Right to Alter or Withdraw Services:

Smart Work Mart makes no assurance that its website or any digital service will always operate without errors, delays, or harmful software. Although every effort is made to maintain accuracy and functionality, Smart Work Mart cannot guarantee that all details, data, or features available on its platform will remain correct, current, or uninterrupted. The Company retains full authority to modify, enhance, remove, or discontinue any section, content, or functionality of the Smart Work Mart website or its related services at any time, with or without prior notice. Smart Work Mart shall bear no responsibility or liability toward any user or third party for such updates, changes, suspensions, or discontinuations of its services.

Grant of Limited Access and Permissible Usage Policy:

A. Subject to your complete adherence to these Terms and Conditions, Smart Work Mart hereby accords you a limited, non-transferable, and revocable right to utilize its online services solely for legitimate and personal business purposes. You shall not resell, sublicense, duplicate, transmit, distribute, or otherwise exploit any portion of the Smart Work Mart Platform or its associated features without the Company’s explicit prior written authorization. You further undertake not to alter, reverse-engineer, disassemble, replicate, or modify any segment of the Platform’s architecture or operational software. The usage of Smart Work Mart Services is presently available free of cost; however, the Company reserves the absolute and unfettered right to suspend, revise, or introduce any subscription or service fee structure at its discretion and without prior notice.

B. For the purpose of authentication and operational efficiency, you acknowledge and consent to providing Smart Work Mart with accurate and verifiable contact information, including your registered mobile number. You expressly grant Smart Work Mart the authority to access limited segments of your device contact directory for identifying existing platform users, in accordance with the Company’s Privacy Policy. The Company shall not be liable for any data loss, unauthorized access, or damages resulting from misuse of your credentials. However, you shall remain fully responsible for any unlawful or negligent activity originating from your account.

C. You agree and undertake that you shall not upload, disseminate, or introduce any file, software, or code fragment that may damage, interrupt, or impair the functioning of the Smart Work Mart platform, its databases, or connected networks. Any attempt to decompile, intercept, monitor, or probe the system using unauthorized digital tools or intrusion software (including packet sniffers, data crawlers, or code analyzers) is strictly prohibited. You must obtain written consent from Smart Work Mart prior to conducting any security, vulnerability, or performance analysis of its servers or systems. Furthermore, you shall not harvest, store, or commercially exploit any user data, nor employ the Company’s platform for unsolicited promotions, spamming, or unauthorized communications of any nature.

Operation Continuity and Service Accessibility Disclaimer:

Smart Work Mart shall exercise all reasonable diligence and employ commercially acceptable measures to ensure the continuous operational availability of its digital platform. Notwithstanding the foregoing, you expressly acknowledge and agree that the Smart Work Mart Portal functions via internet and telecommunication infrastructures, the performance and reliability of which remain beyond the Company’s direct governance or influence.

Accordingly, Smart Work Mart shall not be held liable for any temporary interruption, delay, degradation of service quality, or total unavailability of the Platform arising from network failures, server downtime, data congestion, maintenance operations, or any other circumstances beyond its reasonable control.

Furthermore, the Company disclaims any obligation to provide ongoing technical assistance, troubleshooting, or system maintenance services for uninterrupted access to its web or mobile application interface. Users hereby waive any claim for damages or losses purportedly resulting from such service interruptions or access limitations.

Technical Requirements and Website Compatibility:

To efficiently access and use the Smart Work Mart Website, users must ensure that they possess a compatible device such as a computer, tablet, or smartphone, along with a stable internet connection and an updated web browser meeting the necessary technical specifications (“System Requirements”).

The Smart Work Mart Website is currently available in the English language only. The Company reserves the right to modify, update, or enhance the Website or any of its features at any time, without prior notice, in order to introduce new functionalities, improve performance, or ensure compatibility with updated web technologies.

Users acknowledge that continued use of the Website following such updates shall constitute acceptance of the modified version and its terms of use.

Intellectual property Ownership:

All company names, logos, product and service titles, design elements, slogans, trademarks, service marks, copyrights, database rights, and all other intellectual property rights related to or appearing on the Smart Work Mart Website (“Intellectual Property”) are the sole property of Smart Work Mart or its licensors, affiliates, or partners.

All content, including but not limited to text, graphics, icons, images, software, and other materials available on the Website, is protected by applicable intellectual property laws. Users are prohibited from reproducing, copying, distributing, modifying, or using any portion of this content for any commercial purpose without prior written consent from Smart Work Mart.

Any references on the Website to third-party products, trademarks, or brands are for informational purposes only and do not imply any endorsement, sponsorship, or association by Smart Work Mart.

By submitting reviews, comments, feedback, or any form of user-generated content on the Website, you hereby grant Smart Work Mart a perpetual, royalty-free, worldwide license to use, display, reproduce, modify, and distribute such content for promotional or operational purposes. You also waive any “moral rights” associated with such submissions.

User Submission, Reviews & Content Policy:

A. Tagging & Reviews. Smart Work Mart enables users to tag contacts and submit ratings and reviews on listings (each a “Submission”). All Submissions are subject to Smart Work Mart’s Privacy Policy and these Terms.

B. Permitted Use; Prohibitions. By submitting content you warrant that you own or are authorised to use the content and to grant the rights below. You must not submit any Submission that: (i) infringes any third-party copyright, trade secret, privacy or publicity right; (ii) is false, misleading or defamatory; (iii) is unlawful, obscene, pornographic, abusive, threatening, harassing, hateful, racially or ethnically offensive or otherwise objectionable; (iv) constitutes advertising, promotional solicitation or spam; (v) impersonates any person or entity; (vi) contains viruses, worms, Trojan horses, or other harmful code; (vii) interferes with or degrades the integrity or performance of the Smart Work Mart platform or its data; or (viii) attempts to gain unauthorised access to Smart Work Mart systems or networks.

C. Adult Content. Any Submission that contains adult or age-restricted material must be clearly identified as such at the time of submission.

D. No Endorsement; Liability Disclaimer. Smart Work Mart does not endorse, guarantee or vet Submissions and disclaims all liability for the accuracy, completeness, quality or legality thereof. Users acknowledge they may be exposed to Submissions that are inaccurate, offensive, indecent or otherwise objectionable, and waive any claim against Smart Work Mart arising from such Submissions to the fullest extent permitted by law.

E. Copyright Infringement & Takedown Procedure. Smart Work Mart complies with applicable intellectual property laws and will remove or disable access to allegedly infringing content upon receipt of a valid takedown notice. A proper notice should be sent to grievance@smartworkmart.com and must include: (i) a physical or electronic signature of a person authorised to act for the rights owner; (ii) identification of the copyrighted work(s) claimed to be infringed; (iii) identification and precise location of the allegedly infringing material on the platform; (iv) contact information of the complaining party; (v) a statement of good-faith belief that the use is unauthorised; and (vi) a statement that the information in the notice is accurate and, under penalty of perjury, that the complainant is authorised to act on behalf of the rights owner. Smart Work Mart may remove content without prior notice and reserves the right to terminate access of repeat infringers.

F. Right, Not Obligation, to Monitor or Remove. Smart Work Mart has no obligation to pre-screen Submissions. Nevertheless, the Company reserves the right to monitor, review, modify, refuse or remove any Submission at its sole discretion, including where a Submission violates these Terms or is otherwise unsuitable for the platform.

G. User Indemnity. To the extent permitted by law, you agree to indemnify, defend and hold harmless Smart Work Mart, its officers, directors, employees, agents and affiliates from and against any claims, liabilities, losses, damages, costs and expenses (including legal fees) arising out of your Submissions or your breach of these Terms.

H. Use of Third-Party Submissions. Except as expressly permitted herein, you shall not copy, reproduce, distribute, create derivative works from, display, perform, sell, or otherwise exploit Submissions posted by other users. Smart Work Mart may, however, use, adapt, reproduce and display user Submissions in accordance with the licence you grant upon posting (including for promotional and operational purposes), subject to the Company’s Privacy Policy.

Disclaimer Regarding Performance & Reliability:

The materials, information, and online services provided through Smart Work Mart (including the website and any related digital resources) are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express, implied, or statutory. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, or non-infringement.

Smart Work Mart does not guarantee that the website or its features will always be secure, error-free, uninterrupted, or free from harmful components such as viruses or malware. Smart Work Mart shall not be responsible for any technical errors, omissions, or interruptions in service, or for any losses, damages, or liabilities arising from the use or inability to use the website, including but not limited to data loss, loss of profits, or business interruption.

All users agree that they access and use Smart Work Mart’s website and services entirely at their own risk. Smart Work Mart makes no warranties for any third-party information, content, or links accessed through the platform. In jurisdictions where the exclusion of implied warranties is not permitted, Smart Work Mart’s liability shall be limited to the maximum extent allowed under applicable law.

Platform Liability Limitation for Seller Activities:

All users accessing Smart Work Mart services, including via the website (www.smartworkmart.com), email, phone, or any other medium, are hereby advised that they should exercise due diligence before relying upon, acting on, or entering into any transaction with any seller listed on the Smart Work Mart platform.

Smart Work Mart provides information regarding sellers in good faith but does not verify, endorse, or guarantee any claims, representations, or statements made by the sellers. Users acknowledge and agree that Smart Work Mart shall not be responsible or liable for any actions, omissions, or conduct of the sellers listed on the platform, including any financial, legal, or commercial outcomes arising from transactions between users and sellers.

All transactions or interactions with sellers are undertaken solely at the user’s own risk, and Smart Work Mart expressly disclaims any responsibility or liability for the accuracy, completeness, or reliability of information provided by sellers.

Responsibility and Limitations

Smart Work Mart, including its officers, directors, employees, or agents, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from or in connection with your use of, or inability to use, the Smart Work Mart platform. This includes, but is not limited to:

Errors, inaccuracies, or omissions in any content;

Personal injury or property damage;

Unauthorized access to or use of any user data or information;

Interruption, suspension, or unavailability of the platform;

Viruses, malware, or harmful components transmitted by third parties;

Errors, omissions, or inaccuracies in user-submitted content or business information;

Any losses or damages resulting from reliance on information provided through the platform.


These limitations apply to the maximum extent permitted under applicable law. Users acknowledge that Smart Work Mart is not responsible for any user submissions or any unlawful, offensive, or inappropriate behavior by third parties. All risks associated with such activities are borne solely by the user.

Defense and Compensation Obligations:

By accessing or using the Smart Work Mart platform, you agree to fully indemnify, defend, and hold harmless Smart Work Mart, its officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses, including reasonable attorney’s fees, arising out of or in connection with:

1. Your use of or access to the Smart Work Mart platform;


2. Any breach or violation of these Terms of Service;


3. Any infringement or violation of the rights of a third party, including intellectual property, privacy, or proprietary rights;


4. Any claim arising from content, reviews, ratings, or communications submitted by you that result in harm, loss, or damage to any third party.

 

This indemnification obligation shall survive the termination of your account or cessation of use of the Smart Work Mart platform and shall remain in full force and effect.

Eligibility and Legal Capcity to Use Services:

Smart Work Mart services are available solely to individuals who have attained the age of eighteen (18) years or older. Users must possess the legal capacity to comprehend, accept, and adhere to all terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. By utilizing Smart Work Mart services, you affirm and warrant that you have the full right, authority, and capacity to enter into these Terms and comply with all associated provisions.

Assignment of Rights:

These Terms of Service, including any rights and licenses granted herein, may not be transferred or assigned by you under any circumstances. However, Smart Work Mart retains the full right to transfer or assign any of its rights or obligations hereunder, at its sole discretion, without limitation.

General Provisions and Miscellaneous:

You acknowledge and agree that Smart Work Mart may transfer or assign these Terms of Use without prior notice to any successor entity in the event of a merger, acquisition, or sale of all or part of the business. No waiver of any breach of these Terms, regardless of its duration or frequency, shall constitute a waiver of any subsequent breach. Any delay or failure to exercise any right, power, or privilege shall not be deemed a waiver of such right, power, or privilege. If any provision of these Terms is found to be unenforceable or in conflict with applicable law, the remaining provisions shall remain in full force and effect. The meaning of any such provision shall be construed to the extent feasible to render it enforceable and to give effect to the parties’ intent. If no feasible interpretation can save the provision, it shall be severed from the remainder of these Terms, which shall continue to apply fully. These Terms constitute the entire agreement between you and Smart Work Mart regarding the subject matter herein. Section headings and subheadings are provided for convenience only and shall not affect the interpretation of these Terms.

Legal Framework and jurisdiction:

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India, without giving effect to any conflict of law provisions or the actual place of residence of the user. By using the services of Smart Work Mart, you consent to the exclusive jurisdiction of courts located in Noida, Uttar Pradesh, for any disputes arising hereunder. You are responsible for ensuring compliance with all applicable laws and regulations. In the event that any provision of these Terms is found by a competent court to be unenforceable, the remaining provisions shall continue to be fully effective. Smart Work Mart reserves the right to investigate any reported or suspected violations of these Terms and to take any measures deemed necessary, including reporting unlawful activities to appropriate authorities or regulators. Additionally, Smart Work Mart may disclose information such as user profiles, email addresses, usage records, posted content, IP addresses, and traffic data as required for lawful purposes. The company retains all legal and equitable remedies available for any violations of these Terms.

Privacy Policy
Introduction:

We value your privacy and recognize the importance of securing your personal information and ensuring safe transactions. This Privacy Policy outlines how Smart Work Mart and its affiliates (collectively referred to as “Smart Work Mart,” “we,” “our,” or “us”) collect, handle, use, and share your personal information through the Smart Work Mart website (www.smartworkmart.com) and related services (hereinafter the “Platform”).

This Policy is an electronic record under the Information Technology Act, 2000, along with its amended rules, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. No physical or digital signature is necessary for this Policy to be legally binding. By using our Platform or services, you consent to the terms of this Privacy Policy, which become effective immediately upon your access.

By visiting or using our Platform, providing your information, or availing our services, you expressly accept and agree to comply with this Privacy Policy and the applicable Terms of Service. Your use of the Platform constitutes your explicit authorization to collect, use, process, and share your information as outlined herein.

The provision of your personal information is voluntary. If you decide not to provide certain details during registration or service usage, it may result in incomplete registration or limit your access to certain services. For corporate clients, any prior confidentiality or non-disclosure agreements will remain in full effect and are not impacted by this Privacy Policy.

 

Scope and Applicability of this Privacy Policy:

This Privacy Policy governs personal data practices for all digital services operated by Smart Work Mart (the “Platform”), including the official website www.smartworkmart.com and any associated web interfaces, pages or services that reference this Policy. The Policy is binding on everyone who accesses or uses the Platform — including visitors, registered users, sellers, buyers, contractors, suppliers, vendors, partners, agents and employees — and extends to services provided by Smart Work Mart through third‑party integrations.
Smart Work Mart collects and processes personal information only where such information is voluntarily provided or lawfully required to deliver specific services. You may browse public areas of the Platform without submitting personal data, but certain features and registrations will require limited personal details to enable the requested service. This Policy also applies to data held across Smart Work Mart’s offices and branches and covers personally identifiable information such as names, postal/address details, telephone numbers, email addresses and other data collected while using the Platform. The Policy does not apply to the privacy practices of organizations or persons that are not controlled by Smart Work Mart.

Objective of this Policy:

Smart Work Mart collects and processes certain personal information of individuals, including customers, vendors, business partners, employees, and other third parties associated with the company. This policy explains how Smart Work Mart collects, receives, stores, manages, and protects such personal and sensitive information. All personal data is handled in compliance with applicable data protection laws and regulations, following best practices to safeguard individual rights and prevent unauthorized access, misuse, or data breaches

Collection of Personal and Business Information:

In the course of operating its platform and services, Smart Work Mart collects information from individuals, vendors, business partners, employees, and other third parties. This information may take various forms, including but not limited to corporate records, financial records, contracts, correspondence, invoices, application forms, personnel records, photos, emails, and other content.

Smart Work Mart collects information to provide, manage, and improve its products and services. Collection may occur online or offline, and all data will be handled with equal privacy protection.

Personal information may be collected when you interact with our website or services, create an account, request support, submit reviews or testimonials, conduct transactions, or provide details voluntarily. This may include your name, contact details, date of birth, educational qualifications, marital status, payment information, and other related data.

For business verification and compliance purposes, Smart Work Mart may require submission of documents such as Aadhaar, PAN, GST, company registration certificates, partnership deeds, trust deeds, utility bills, or other government-issued identification and proof of address, as applicable. Proprietorships, legal entities, partnerships, trusts, or other organizations may be required to provide specific documents to verify identity and business existence.

Smart Work Mart may also collect technical and usage information automatically, including IP addresses, device information, browser history, location data, login activity, and service interaction metrics.

All information collected is used to customize services, fulfill requests, facilitate transactions, communicate with users, and comply with legal and regulatory requirements. Users have the option to provide or withhold personal information; however, certain services may not be available without providing required details.

Collection of Minimal Person Data by Smart Work Mart:

Smart Work Mart India does not collect sensitive personal information unnecessarily. Only such information is collected which is essential to provide our services or for legitimate business purposes connected with the operation of Smart Work Mart. Users may browse or search on the Smart Work Mart website without sharing personal information; however, certain services may require you to provide personal data to proceed.

Smart Work Mart does not access or store emails, full addresses, or other contacts from your device, except for names and mobile numbers where necessary. Historical location information is not stored, except for the last known location from which the website was accessed if current location data is unavailable.

During data collection, Smart Work Mart ensures that:
(a) you are aware that information is being collected;
(b) the purpose of collection is clear;
(c) intended recipients of the data are identified; and
(d) the entity collecting and retaining the information is specified.

Personal data will only be collected when:
(a) you provide informed and valid consent;
(b) processing is required to perform a contract you are party to;
(c) processing is necessary to comply with legal obligations;
(d) processing is necessary to protect your legitimate interests; or
(e) processing is required to perform a task carried out in the public interest.

Data Utilization Ploicy:

1. Service Fulfillment and Communication
We collect your information, including name, mobile number, email, and other contact details, to deliver and complete your service requests. When you search for products or services through our platform or make inquiries, this information may be shared with our vendors or service providers solely to fulfill your requests efficiently.


2. Personalization and Experience Enhancement
Your data helps us personalize your experience, recommend products or services, improve platform performance, and fix any errors. We analyze user preferences to provide a tailored experience across our services.


3. Marketing, Promotions, and Research
Information provided by you may be used to send updates, offers, or promotional content, and to conduct surveys for research purposes. This allows us to better understand user interests and improve our service offerings.


4. Legal Compliance and Verification
Certain personal data may be collected and used to comply with applicable laws and regulatory requirements, such as identity verification (KYC), fraud prevention, and legal obligations. This ensures secure and lawful operations.


5. Sharing with Vendors and Partners
Your personal information may be shared with trusted vendors, service providers, and business partners to facilitate transactions, process orders, provide support, and conduct analytics. All third parties are required to handle your data in accordance with privacy and security standards.


6. Security, Fraud Prevention, and System Maintenance
Data is utilized to protect accounts, prevent unauthorized access, detect fraudulent activity, and maintain the overall security and functionality of our platform. This includes collecting technical data such as IP addresses, device information, and log files.


7. User Control and Consent-Based Processing
We do not sell your personal information. Sharing and marketing communications occur only with your explicit consent. You have control over your data, including managing preferences, opting out of promotions, and untagging contacts.

Handling and Processing of Personal and Sensitive Information:

1. Government or State Functions – Personal or sensitive data may be processed when required for any official function of the government or state, such as issuing licenses, certificates, permits, or providing services or benefits to the individual.


2. Legal Compliance – Data may be processed to comply with laws, regulations, or orders from courts or tribunals in India.


3. Medical Emergencies – Personal data can be processed in situations involving life-threatening or severe health risks, or during public health emergencies like epidemics or disease outbreaks.


4. Safety and Disaster Management – Processing may occur to provide assistance, ensure safety, or maintain public order during natural disasters, emergencies, or crises.


5. Employment and Service Purposes – Data may be used for recruitment, termination, performance evaluation, attendance verification, or to provide services or benefits requested by the individual.


6. Reasonable Business Purposes – Personal data may be processed for legitimate business interests, public interest, or necessary company functions, such as fraud prevention, network security, debt recovery, mergers and acquisitions, or whistleblowing, while respecting the rights of the individual.


7. Publicly Available Data – Information that is publicly accessible may be used, provided that the rights and interests of the data subjects are protected.


8. Consent for Sensitive Data – Sensitive personal information will only be processed based on explicit, informed, clear, and specific consent provided by the individual.


9. Children’s Data – Personal data of children under 13 years will only be processed with parental guidance, control, and consent. Age verification will be conducted where applicable.


10. Protection of Rights – All processing activities will be conducted in a manner that safeguards the rights, privacy, and best interests of individuals.

Information Sharing and Disclosure:

1. Your reviews, ratings, or submissions on our platform may be visible to other users in a manner consistent with how our services operate, such as showing your activity to contacts you have tagged as friends.


2. We do not sell or share your personally identifiable information (e.g., mobile numbers, email) to third-party companies for marketing purposes without your explicit consent, except for specific programs where you can opt-in or opt-out.


3. Certain third-party service providers may access your personal information to perform services for us, such as maintaining, improving, or operating our platform, but they are restricted from using it for any other purpose.


4. Your personal information may be shared with vendors, sellers, service providers, business partners, and other stakeholders to provide services, fulfill orders, collect payments, respond to feedback, or conduct surveys and marketing, while complying with legal obligations.


5. Any third-party recipients must process your personal data in accordance with applicable laws and only for the purpose it was shared, ensuring protection of your rights.


6. We may share your information with affiliated companies or business partners to improve services, infrastructure, marketing, security, or to support customer service operations.


7. In case of a merger, acquisition, restructuring, or sale of assets, your personal information may be transferred to our affiliates, successor entities, or third parties while continuing to follow the terms of this Privacy Policy.


8. Your data may be disclosed to government agencies, law enforcement, or other authorities when required by law or in good faith to prevent, detect, or investigate fraud, illegal activities, or to protect the safety of users or the company.


9. Disclosure of personal information may occur to comply with legal processes such as subpoenas, court orders, or to enforce our Terms of Service or other agreements.


10. Sensitive personal data may be shared with government authorities, without prior consent, for identity verification, cybercrime investigation, prevention, detection, prosecution, or other legal purposes.

Cross - Border Data Handling:

1. We do not transfer sensitive personal data or information to third parties in India or abroad, except in specific circumstances.


2. Data may be shared to fulfill your requests for products or services.


3. Data may be shared to correct errors, improve usability, or enhance service performance.


4. Transfer may occur for fraud prevention, public safety, or legal obligations.


5. Data may be shared when necessary to protect the security of users, the company, or others.


6. Transfer may be required for the lawful performance of a contract with the data principal.


7. Data may be shared if the data principal has provided explicit consent.


8. In all cases, the same level of data protection must be ensured by the recipient as maintained by the company.


9. Vendors collecting personal data on behalf of the company must comply with the company’s data protection policies.


10. Any transfer of data will strictly follow the principles outlined in this Policy to maintain privacy and legal compliance.

Data Retention and Compliance Policy:

1. Purpose Limitation: Personal information provided by users will be used only for the purposes specified in the Terms of Service or as authorized by the user, and retained only as long as necessary to fulfill those purposes or comply with applicable law.

2. Fraud Prevention & Legal Requirements: Data may be retained beyond its immediate purpose if necessary to prevent fraud, misuse, or for other legitimate business, legal, or regulatory reasons. Certain anonymized information may also be retained for research, analysis, or statistical purposes.

3. Secure Deletion & De-identification: When personal information is no longer required for business purposes, it will be securely deleted or de-identified to prevent unauthorized access or identification of individuals.

4. Sensitive Personal Data: Sensitive personal data, including KYC or identity verification documents, will be retained only for as long as required to comply with legal obligations or for purposes specified in the company’s data retention policy.

5. Audit & Compliance: The company conducts periodic internal audits to ensure that all personal information collected is used, retained, and disposed of in accordance with applicable laws and internal retention policies.

User Access and Information Review:

Our company provides a mechanism for you to review the personal and sensitive information you have submitted. You may access, correct, update, modify, or request deletion of any personal information found to be inaccurate, incomplete, or outdated. However, the company does not guarantee the accuracy or authenticity of the information provided by you.

You have the right to request details of your personal information in writing. We will respond to your request within 72 hours of receipt. All requests for access, corrections, or updates will be recorded and documented. The information will be provided in a clear, understandable format, allowing you to make informed decisions regarding your data.

User Consent and Data Control:

By using our platform or providing your personal information, you consent to the collection, storage, use, disclosure, and processing of your information, including sensitive personal information, in accordance with this Privacy Policy. If you provide information about other individuals, you confirm that you have the authority to share such information and permit its use under this Privacy Policy.

You can manage your personal information at any time through our platform settings. This includes updating or editing your details, managing contacts or communication preferences, and controlling the visibility of your information. Vendors and business partners can update their account information, notification preferences, and other related data through their respective account modules.

If you wish to delete your personal information, you may submit a deletion request via the platform’s support section. Once processed, your data will be permanently deleted within two business days, subject to retention of certain information for legal, compliance, or operational requirements.

You have the right to withdraw consent for the collection or processing of your personal information at any time. Withdrawal of consent may limit or prevent the provision of certain services. All consents, changes, or withdrawals are documented and implemented in a timely manner.

If your information is to be used for purposes not originally specified, you will be notified and your explicit consent will be obtained prior to such new use. Consent is also obtained and reviewed when personal information is collected from third-party sources.

Your continued use of the platform signifies your acceptance of this Privacy Policy and Terms of Service. For any questions or assistance regarding your consent, opt-in, or opt-out preferences, you may contact our support team via email or web forms.

Consent for Content Sharing and Notifications:

By posting any review, rating, comment, or other content on the Smart Work Mart website (www.smartworkmart.com), you acknowledge and consent that such submissions may be shared with other users of the Website, including contacts you have tagged or designated within the Platform. Smart Work Mart may use such content to deliver push-style notifications or in‑platform notifications to your tagged contacts for the purpose of enhancing user interaction and improving service experience.

You also grant Smart Work Mart a non‑exclusive, worldwide, royalty‑free licence to use, reproduce, adapt, publish and display your submissions for operating, promoting, and improving the Platform, subject to our Privacy Policy. Smart Work Mart will not disclose your personal data to third parties for direct marketing purposes without your explicit consent.

You may withdraw or modify this consent at any time via your account settings; withdrawing consent may limit certain interactive features. Requests to disable notifications or to remove shared content may be submitted through your account settings or by contacting our support team.

External Links and Third - Party Services:

Smart Work Mart currently does not display advertisements on its website, and we aim to maintain an ad-free experience. In the event that advertisements are introduced in the future, this section will be updated to reflect such changes.

If you access services provided by our partners, you may be redirected to their websites or applications. Such access will require your explicit consent, and any data sharing with partner platforms will occur only after obtaining your permission. Smart Work Mart is not responsible for the privacy practices, content, or policies of these partner websites or applications. Users are encouraged to review the privacy policies of partners before submitting any personal information.

Additionally, if you make a payment using our services, we may receive payment confirmations, receipts, or related information from third-party payment processors or app stores. This information will be handled in accordance with this Privacy Policy.

Protection of Children's Information:

Our platform and services are not intended for children under the age of 13. We do not knowingly collect personal information from children below this age. Access to and use of our platform is limited to individuals who are legally capable of entering into binding contracts under applicable law. Users under the age of 18 must access and use our services only under the supervision of a parent, legal guardian, or another responsible adult. Any personal information collected from minors under supervision will be processed in accordance with this Privacy Policy, ensuring the protection of the child’s rights and interests.

Commitment to Data Security

1. We prioritize the security of your personal information and employ commercially reasonable physical, managerial, technical, and procedural safeguards to maintain its integrity and confidentiality.

2. You are responsible for keeping your device, account credentials, and passwords secure, and must promptly notify us of any unauthorized use or security breach.

3. We may share your information with third-party service providers only under strict confidentiality agreements, and they are prohibited from using your information for any purposes other than providing the agreed services.

4. We cannot guarantee absolute security due to inherent risks of the internet and computer networks. By using our platform, you acknowledge and accept these risks.

5. We implement encryption protocols, secure servers, and follow industry standards, including Payment Card Industry Data Security Standards (PCI DSS), to safeguard payment and financial information.

6. In case of Force Majeure events, including natural disasters, civil unrest, hacking, or system failures beyond our control, we are not liable for any loss, damage, or misuse of your personal information.

7. We maintain security audits, review third-party collection methods, and regularly upgrade our processes and systems to ensure reasonable protection of your information.

8. Before disclosing personal information to you or making changes to security settings, we may request proof of identity to prevent unauthorized access and maintain data confidentiality.

Accountability & Transparency

1. Privacy by design: systems, processes and policies are built to anticipate and prevent harm and protect privacy throughout the data lifecycle.

2. Standards compliance: technology and processing adhere to commercially accepted or certified standards.

3. Business & privacy balance: legitimate business needs (including innovation) are pursued without undermining privacy.

4. Lifecycle protection: privacy is protected from collection to deletion; processing is transparent and data‑subject interests are considered at every stage.

5. Transparency disclosure: Smart Work Mart will make accessible the categories of data collected, collection methods, processing purposes, exceptional processing situations, data subject rights, complaint procedures and information about cross‑border transfers.

6. Security safeguards: appropriate measures (de‑identification, encryption, integrity protection, access controls) are implemented and reviewed periodically.

7. Breach notification: Smart Work Mart will notify the competent authority where a breach is likely to cause harm and will provide details of the breach and remedial steps.

8. Record keeping: maintain accurate records of data lifecycle operations, security reviews and DPIAs.

9. Independent audits: annual independent audits will review compliance, notices, transparency, safeguards and breach handling.

10. Third‑party accountability: third parties processing data on our behalf must meet our privacy and security standards.

11. Continuous improvement: policies and practices are updated based on audit findings and risk assessments.

Dispute Resolution, Monitoring and Enforcement

Our company shall establish and maintain a cyber-incident management program to handle data protection and privacy-related incidents. This program includes a defined escalation path reaching up to executive management, legal advisors, and the board depending on the type and severity of the data breach. A structured process will be in place to register all incidents, complaints, and queries related to data breaches. We will conduct periodic reviews of all complaints to ensure they are resolved in a timely manner, and all resolutions will be documented and communicated to the data providers. For unresolved complaints, a formal escalation process will be designed and communicated, including clear reporting channels and an escalation matrix for all data providers.

Dispute Resolution & Escalation for Employees: Employees who have inquiries or complaints about the processing of their personal information must first discuss the issue with their immediate reporting manager. If the matter cannot be resolved satisfactorily, or if the employee chooses not to approach their manager, the employee may escalate the matter to the Grievance Officer.

Dispute Resolution & Escalation for Customers / Third Parties: Customers or third parties with concerns about the processing of their personal information should submit their complaint in writing to the Grievance Officer. Any disputes related to the personal information of non-employees will be addressed and resolved through arbitration.

Platform Usage, Policy Compliance & Amendments

By electing to use Smart Work Mart’s services, your use of the Platform and any disputes concerning privacy shall be governed by this Privacy Policy together with Smart Work Mart’s Terms of Use, including provisions relating to limitation of liability, dispute resolution, and the application of Indian law. If you have any privacy‑related concerns, please contact Smart Work Mart with a full description of the issue and we will use commercially reasonable efforts to investigate and address your concern.

Smart Work Mart’s business operations and service offerings may evolve over time, and accordingly this Privacy Policy may be amended. Users are encouraged to review the Privacy Policy on the Smart Work Mart website periodically to remain informed of any changes. Except as expressly stated otherwise, the prevailing Privacy Policy shall apply to all personal information that Smart Work Mart holds about you and your account. Smart Work Mart will not materially alter its policies or practices in a manner that reduces the protections afforded to information previously collected without first obtaining your explicit consent.

Privacy Contact & Grievance Officer

In accordance with the Information Technology Act, 2000 and the rules and regulations made thereunder, the Grievance Officer for Smart Work Mart is:

Mr. Aman Saxena 
Address: Smart Work Mart, 63, Sector 63, Near Meteo station noida sector 62, Noida – 201301
Email: privacy@smartworkmart.com / grievanceofficer@smartworkmart.com
Contact No.: 02269621023

If you have any query, concern, issue, or complaint regarding the collection, storage or use of your personal information under this Privacy Policy, please contact the Grievance Officer using the details above or write to us at the email addresses provided. Include a clear description of your concern and any supporting information so we can investigate and respond.

Key Terms & Interpretions

1. “Act” – Information Technology Act, 2000 (21 of 2000) including its rules and regulations.


2. “Automated Means” – Equipment capable of operating automatically to process data.


3. “Biometrics” – Technologies measuring human body characteristics like fingerprints, eye retinas/irises, voice patterns, facial patterns, hand measurements, DNA for authentication.


4. “Body Corporate” – Any company, firm, sole proprietorship, or association engaged in commercial or professional activities.


5. “Child” – Any data provider under the age of 18 years.


6. “Cyber Incidents” – Real or suspected events violating security policies, leading to unauthorized access, disruption, misuse, or changes to data.


7. “Cyber Security” – Protection of information, devices, computers, networks, and communication systems from unauthorized access, misuse, modification, disclosure, or destruction.


8. “Data” – Representation of information or instructions intended to be processed, currently processed, or previously processed in computer systems or networks.


9. “Data Provider” – Natural person to whom personal data relates.


10. “Data Protection & Security” – Smart Work Mart shall process personal information lawfully, limit collection to necessary purposes, retain information only as long as required, and ensure secure handling.


11. “Password” – Secret word, passphrase, code, or encryption key used to access information.


12. “Personal Information” – Information that identifies an individual directly or indirectly, including Name, Address, Mobile Number, Email, Date of Birth, etc.


13. “Data Processor” – Any person or entity processing personal data on behalf of Smart Work Mart, excluding employees.


14. “Processing” – Operations performed on personal data, including collection, recording, organization, storage, retrieval, use, disclosure, modification, deletion, or destruction.


15. “Reasonable Security Practices & Procedures” – Measures designed to protect information from unauthorized access, damage, misuse, modification, disclosure, or impairment as per law or agreements.


16. “Sensitive Personal Data or Information” – Includes passwords, financial information, health details, sexual orientation, medical records, biometric info, or other personal data provided to Smart Work Mart for services. Publicly available information is excluded.


17. “Third Party” – Contractors, vendors, service providers, interns, or others with access to Smart Work Mart information systems.

Rules for Contests and Referral Programs
Contest Organizer

This contest (the “Contest”) is organized and sponsored by Smart Work Mart (hereinafter referred to as the “Organizer”), which owns, manages, and operates the website www.smartworkmart.com, with its principal office located at 63, Near Metro Station 62, Noida 201301. The Organizer shall be responsible for the administration, conduct, and oversight of the Contest in compliance with applicable laws.

Contest Duration

The Contest will commence on 23rd May 2019 and will continue until the sole discretion of Smart Work Mart. Smart Work Mart reserves the right to modify, suspend, or terminate the Contest at any time without prior notice.

Eligibility Criteria for the Contest

1. Are legal residents of India;


2. Are eighteen (18) years of age or older on the date of entry, as evidenced by PAN card, Voter ID, valid driver’s license, or any other government or educational institution issued identification containing the entrant’s photo and address;


3. In the event that a participant is below the age of eighteen (18) years and participates or wins, such participant shall be disqualified and shall not be entitled to any prize.

 

The following individuals are not eligible to participate in the Contest:

1. Current employees of Smart Work Mart or its affiliates or subsidiaries (collectively, “Sponsor Entities”);


2. Past or present employees, and previously published authors of any of the Sponsor Entities’ parent, subsidiary, or affiliate companies.

Conditions of Entry

1. No purchase or payment of any kind is required to enter or win this Contest.


2. Any user who downloads the Smart Work Mart Mobile Application on their smartphone and provides their valid mobile number and name will automatically participate in the Contest.


3. Once the user’s mobile number and name are registered, they shall be eligible for the lucky draw, subject to these terms and conditions.


4. Smart Work Mart reserves the right, at its sole discretion, to withdraw or terminate the Contest at any time without prior notice.


5. Participants must possess a smartphone capable of downloading the Smart Work Mart Mobile Application. The application will be available for download from the App Store or relevant platform.


6. Each participant must provide their own valid mobile number to qualify as a valid entrant. Only one entry per participant is allowed. Multiple entries by the same participant will not be considered and may result in disqualification.


7. By downloading the Smart Work Mart Mobile Application, the participant consents to Smart Work Mart establishing communication with them at its discretion.

Prize Description & Terms for Contest Winners

1. Prize Allocation: The winner of the contest shall receive the prize as determined by Smart Work Mart. Winners will be selected through a random automated process.


2. Non-Transferable & Non-Cashable: The prize is strictly non-transferable and cannot be exchanged for cash or any other substitute. Requests for conversion to cash will not be entertained.


3. Prize Collection: All costs, including travel or related expenses, to collect the prize shall be borne solely by the winner. The winner must personally collect the prize and provide valid identification documents as required by Smart Work Mart.


4. Substitution Rights: While the prize may include products such as smartphones (any model), Smart Work Mart reserves the right to substitute the prize with an alternate prize at its sole discretion. Winners will be notified accordingly.


5. Tax & Liability: Smart Work Mart is not responsible for any tax implications arising from the prize. Winners should seek independent financial advice. Any taxes or fees arising from the prize shall be borne by the winner. Smart Work Mart is not liable for the quality, warranty, loss, theft, or damage of the prize after it has been handed over to the winner.


6. Prize Venue & Notification: Smart Work Mart may hand over the prize at its offices, branches, or any other venue at its discretion. Winners will be notified regarding the date, time, and location for prize collection.


7. Proof of Identity: Winners must submit proof of identity, age, and other identification documents as required by Smart Work Mart to claim the prize. Smart Work Mart may request additional verification if deemed necessary. Failure to provide valid documents may result in forfeiture of the prize.


8. Unclaimed Prizes: Any prize unclaimed within 90 days from the date of winner announcement shall be forfeited, and the winner will have no further claim to the prize.


9. Final Decision: Smart Work Mart’s decisions regarding contest winners, prize allocation, and related matters are final and binding. No correspondence or dispute will be entertained.


10. Use of Entries for Promotion: By participating, winners agree that Smart Work Mart may use their name, image, voice, photographs, and videos for publicity, marketing, or promotional purposes without additional compensation. Smart Work Mart retains ownership and copyright of all such materials.


11. Property of Entries: All contest entries, including submissions, become the sole property of Smart Work Mart and will not be returned.


12. Affidavit & Liability Release: Potential winners may be required to execute an affidavit of eligibility, liability release, and, where legal, a publicity release. These documents must be submitted within ten (10) days of notification, failing which the prize will be forfeited, and an alternate winner may be selected.


13. Third-Party Disclaimer: This contest is organized solely by Smart Work Mart. Any third-party brand (e.g., Apple) mentioned is not involved in any manner with the contest.

Intellectual Property Rights of Smart Work Mart

It is hereby clarified that all rights, title, and interest, including but not limited to Intellectual Property Rights, in the promotional materials and in any and all entries received during the contest shall exclusively vest with Smart Work Mart at all times. Participants acknowledge and agree that they shall have no claim, ownership, or rights over such materials or entries, and all rights shall remain the sole property of Smart Work Mart.

Limitations and Exclusion of Liability

The Sponsor (including its officers, employees, and agents) shall not be held liable for any kind of loss, damage, injury, claim, or expense (including, without limitation, any direct, indirect, incidental, special, or consequential damages) arising out of or in connection with the Contest, to the maximum extent permitted by law.

This includes, but is not limited to, any loss or damage resulting from:
(a) technical failures, server issues, or any malfunction of systems or equipment (whether or not under the Sponsor’s control);
(b) unauthorized access, data breach, or third-party interference;
(c) delays, loss, alteration, damage, or misdirection of entries or notifications due to causes beyond the reasonable control of the Sponsor;
(d) any change, substitution, or variation in the prize from that stated in these Terms and Conditions;
(e) any tax obligations or liabilities incurred by the participants or winners; or
(f) use, misuse, or inability to use any prize awarded.

Furthermore, the Sponsor shall not be responsible for any administrative or technical errors in the execution of the Contest. The Sponsor shall not be liable for any personal injury, property damage, or other loss suffered or sustained as a result of participation in the Contest or acceptance of any prize.

Disclaimer of Responsibility

The Sponsor shall not be held responsible for any inaccurate, incomplete, or misleading information, or for any malfunction or technical issue related to the systems, software, or programs used in connection with this Contest.

The Sponsor shall also not be liable for any kind of technical error, interruption, delay, deletion, defect, communication failure (including but not limited to email or network issues), or any other problem that may occur during the administration or operation of the Contest.

Furthermore, the Sponsor shall not be responsible for any theft, destruction, unauthorized access, alteration, or tampering of entries or participant information that may occur during or after the Contest due to any reason beyond its reasonable control.

Governing Law and Jurisdiction

 

This Contest shall be governed by and interpreted in accordance with the laws of India. Any dispute, difference, or claim arising out of or in connection with the Contest or these Terms and Conditions shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by the Sponsor, and the venue of arbitration shall be Noida, Uttar Pradesh. All legal proceedings related to this Contest shall fall under the exclusive jurisdiction of the courts situated in Noida, India.

 

Modification of Terms and Conditions

 

The Sponsor reserves the right, at its sole discretion, to modify, amend, or cancel these Terms and Conditions, or any aspect of the Contest, at any time without prior notice or assigning any reason. The Sponsor shall not be held liable for any loss or damage incurred by any participant due to such modification or cancellation.

 

Final and Binding Decision

 

In case of any dispute or difference related to the Contest, the decision of the Sponsor shall be final, conclusive, and binding on all participants.

 

Contest Eligibility Restrictions

 

This Contest is open only to residents of India, excluding participants from the states of Telangana, Orissa, Assam, Sikkim, and Nagaland.

Refer and Earn Program

1. Offer Details:
Users can earn ₹2000 Smart Points for every new user who successfully registers on the Smart Work Mart website through their unique referral link or official promotional campaign. Additionally, users will receive ₹100 Smart Points for every successful referral made through their shared referral link.
Each Smart Point is equivalent to INR 1.

Smart Points can be redeemed against various services offered on the Smart Work Mart platform, including but not limited to product listings, business promotions, advertising credits, or other services as may be introduced from time to time.

The benefits of this offer are applicable exclusively for Smart Work Mart and cannot be combined or transferred with any other promotional offer unless otherwise specified.

2. Eligibility Criteria:

The referred user must complete registration on the Smart Work Mart website through the unique referral link.

The referred user’s email address must be verified at the time of registration.

The participant must be a legal resident of India and at least 18 years of age on the date of participation.

Smart Work Mart reserves the right to verify the eligibility of all participants and to modify, suspend, or terminate the Refer and Earn program at any time without prior notice.

Program Terms and Conditions

1. Redemption: Smart Points can only be redeemed for purchases made through the Smart Work Mart platform. They cannot be used on any third-party websites or applications.

2. Non-Transferability: Smart Points cannot be converted into cash or transferred to any other user or account under any circumstances.

3. Validity: All Smart Points will remain valid for a period of one (1) year from the date of issuance, after which they will automatically expire without prior notice.

4. Refund Policy: Smart Points will not be refunded or reinstated if any transaction is cancelled or terminated due to user error or for reasons not attributable to Smart Work Mart.

5. Modification Rights: Smart Work Mart reserves the right, at its sole discretion and without prior notice, to add, modify, alter, replace, or withdraw any part of these Terms and Conditions or the Offer in whole or in part at any time.

6. Disclaimer: Smart Work Mart makes no representation or warranty of any kind, express or implied, regarding the quality, suitability, availability, merchantability, or delivery of any products or services purchased using Smart Points.

7. Vendor Responsibility: Any dispute or issue relating to product/service quality, delivery, suitability, or availability shall be addressed directly with the respective vendor or service provider. Smart Work Mart shall not be liable for any such claims.

8. Offer Combination Restriction: Two or more offers provided by Smart Work Mart cannot be combined. For example, if a user has earned Smart Points under a “Sign-Up” offer, they shall not be eligible to earn Smart Points again under reinstallation or any other overlapping offer.

9. User Consent: By using Smart Points for booking or purchasing during the Offer period, the user (i) confirms that participation is voluntary; (ii) unconditionally agrees to these Terms and Conditions; and (iii) consents that the information provided may be shared with Smart Work Mart’s agents, representatives, service providers, or employees for promotional and operational purposes.

10. Governing Law: These Terms and Conditions shall be governed and construed in accordance with the laws of India.

11. Jurisdiction: Any dispute arising out of or in connection with this Offer shall be subject to the exclusive jurisdiction of competent courts situated in Noida, Uttar Pradesh, India.

12. Communication: Any communication related to this Offer should be sent to Customercare@smartworkmart.com.

Oprational Terms for Search Plus Platform
Acknowledgment and Acceptance of Terms

This document (“Agreement”) is a legally binding understanding between you (referred to as “User”, “You”, or “Your”) and Smart Work Mart (referred to as “Smart Work Mart”, “We”, “Us”, or “Our”).
It outlines the terms that regulate your use of the services, including search, listings, bookings, promotions, or any other facilities offered by Smart Work Mart through its official website www.smartworkmart.com, or through any other means of communication such as call, email, or message (collectively referred to as the “Platforms”).

By visiting, registering on, or making use of any of our Platforms, you confirm that you have carefully read and understood these Terms and Conditions and that your continued use of our services signifies your complete acceptance and agreement to be bound by them.

Key Terms and References

For the purpose of placing and processing orders for goods or services through advertisers or vendors listed with Smart Work Mart, this Agreement outlines the understanding and conditions between the User and Smart Work Mart. Any order or enquiry submitted by you through our website www.smartworkmart.com (“Website”) or any other mode of communication such as email, phone, or message, shall be forwarded by Smart Work Mart to the respective advertiser or vendor for necessary processing and fulfillment.

In this Agreement, the following terms shall have the meanings assigned to them below:

Goods – means any items or products that are part of an order placed or requested by the User through the Smart Work Mart platform, in accordance with the details mentioned at the time of booking or enquiry.

Intellectual Property Rights – refers to all legal rights related to creative works and inventions, including but not limited to copyrights, trademarks, patents, design rights, trade secrets, and confidential information, whether registered or unregistered, and whether existing now or arising in the future under applicable law.

Order – shall mean any enquiry or booking request initiated by the User through the Smart Work Mart website, which is subsequently forwarded by Smart Work Mart to the respective advertiser or vendor registered on the platform for further action and processing.

Product List – refers to the list or catalog of goods and services displayed on the Smart Work Mart website (www.smartworkmart.com), which may be revised, updated, or modified by Smart Work Mart from time to time at its sole discretion

Terms Governing Order Submission and Applicability

These Terms of Use shall govern the relationship between You (“User”) and Smart Work Mart Private Limited (“Smart Work Mart”, “We”, or “Us”) once an order for any goods or services has been initiated through our platform.

You may place an order through our official website www.smartworkmart.com, via verified email, or by using any other ordering medium introduced by Smart Work Mart from time to time.

Smart Work Mart acts solely as an intermediary platform connecting users with verified advertisers, vendors, or service providers. We do not directly sell, deliver, or distribute any products, including but not limited to alcohol, food, or restricted goods. Orders placed by users are forwarded to the respective advertisers or vendors, who retain full discretion to accept or reject such orders.

Smart Work Mart shall not be held responsible or liable for the quality, legality, safety, or condition of any goods or services provided by third-party vendors.

Users must comply with all applicable laws and must be of legal age as defined by the competent authorities to place an order for specific goods or services. In particular, individuals below 25 years of age residing in Delhi, Mumbai, or any other restricted jurisdiction are not permitted to place orders for alcoholic beverages or related products.

Smart Work Mart further clarifies that it does not own, operate, or manage any liquor outlet and is not involved in the sale, supply, or delivery of any liquor or restricted goods. All deliveries and transactions are subject to the relevant licensing laws and regulatory compliance applicable to the concerned vendor or advertiser.

Charge Adjustments, Order Execution, and Delivery Obligation

To successfully place and complete an order through the Smart Work Mart platform, You are required to provide accurate, complete, and updated information while submitting the booking form. An order shall be considered completed once the necessary details are provided — either through a Smart Work Mart representative in case of phone orders or through the digital order form on the website for online orders.

All goods and services are subject to availability. You acknowledge and agree that Smart Work Mart acts only as a facilitator for order booking, while the delivery of goods or services is solely handled by the respective advertisers, vendors, or service providers listed on the platform. No medicinal products shall be delivered without a valid medical prescription issued by a registered medical practitioner, as per applicable legal requirements.

In case of any pricing discrepancies or miscalculation of charges where the computed cost does not cover the actual product or service expense incurred by the vendor, the advertiser shall not be obliged to fulfil the order. The advertiser may notify You regarding the revised charges and provide the option to either proceed with the updated amount or cancel the order. You may choose to pay the adjusted fee or discontinue the transaction accordingly.

Guidelines for Refunds, Pricing, and Order Modification

In case You are dissatisfied with the quality, condition, or accuracy of the Goods You have ordered, You may contact Smart Work Mart’s customer support team. Your concern will be recorded and redirected to the respective seller or service provider (“Advertiser”) for further resolution. Alternatively, You may directly approach the Advertiser to request a replacement, refund, or credit for any damaged, incorrect, or substandard product. Smart Work Mart acts solely as a facilitator and shall not be held liable for the quality, delivery, or condition of the Goods provided by the Advertiser.

Smart Work Mart retains the right to update or revise product pricing at any time based on information received from the respective Advertiser. All prices are quoted in Indian Rupees (INR) and remain subject to product availability and confirmation by the Advertiser. If any item is unavailable or incorrectly priced, the Advertiser may inform You of the revised price or offer an appropriate alternative prior to delivery.

Cancellations or modifications of confirmed orders shall strictly adhere to the Advertiser’s own cancellation and modification policy, including any applicable refund terms. Users may contact the respective Advertiser directly or reach out through Smart Work Mart’s customer support for assistance. Requests received by Smart Work Mart will be duly forwarded to the concerned Advertiser for further processing and resolution.

Disclaimer Regarding External Content and Information Accuracy

Smart Work Mart Private Limited (“Smart Work Mart”, “We”, “Our”, or “Us”) has no control over and does not take responsibility for the content, accuracy, or reliability of any third-party websites, links, or advertisements that may appear on or be linked through this Website. Any such external links are provided solely for the convenience of users and should not be interpreted as an endorsement, approval, or recommendation by Smart Work Mart. We do not guarantee the accuracy, security, or privacy practices of any linked third-party websites, and accessing them is entirely at your own risk.

While the information and materials available on our Website are provided in good faith and sourced from reliable channels, we make no representation or warranty that the content is complete, accurate, or up to date. Smart Work Mart shall not be liable for any losses, errors, or damages resulting from the use of, or reliance on, any information or material contained on this Website.

We reserve the right to modify, update, or discontinue any section of the Website or its content at any time, without prior notice or liability. Product details, offers, and promotional information displayed on the Website — including pricing, features, or availability — are subject to change at the discretion of the respective vendors or service providers.

Smart Work Mart also reserves the right to remove, disable, or restrict access to any external or third-party links, including those belonging to advertisers, affiliates, or content partners, at any time without prior notice.

Any views, comments, or suggestions submitted by users in public sections of the Website represent the opinions of the individuals posting them. Smart Work Mart is not responsible for verifying or endorsing such content and reserves the right to moderate or remove any information, advertisements, or user-generated content at its discretion.

By accessing or using the Website, you acknowledge and agree that Smart Work Mart shall not be responsible for any damages, losses, or claims — whether direct or indirect — arising from your use of, or reliance upon, any content, services, or materials made available through the Website or any linked third-party sources.

Disclaimer of Warranties

Please note that any third-party provider, seller, or service vendor may register or list their business with Smart Work Mart. Smart Work Mart does not conduct background verification, quality inspection, or reputation checks of any advertiser, vendor, or service provider listed on its platform. It is solely your responsibility to verify and satisfy yourself about the quality, authenticity, suitability, and other relevant aspects before making any booking or purchase through the Website.

Smart Work Mart has not negotiated or discussed any commercial terms, prices, or service commitments with the listed vendors. Any booking, purchase, or engagement between you and a vendor is made entirely at your own discretion and risk.

We do not investigate, represent, or endorse the accuracy, legality, reliability, or validity of any product, service, offer, coupon, or promotional material — including any ratings, reviews, or advice — that may appear or be accessed through the Smart Work Mart platform. References to any brand names, marks, or third-party links do not constitute or imply endorsement or recommendation by Smart Work Mart.

The Website and all associated materials, content, and features are provided on an “as is” and “as available” basis, without any warranties or representations of any kind, whether express, implied, or statutory. Smart Work Mart expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, reliability, timeliness, or non-infringement.

We do not guarantee that the Website or its content will always be error-free, uninterrupted, secure, or free of viruses or harmful components. Smart Work Mart will not be liable for any damage, loss, or claim arising from the use of, or reliance on, any product, service, or information made available through its platform or linked third-party sources.

Statement on Smart Work Mart Verification, Trust, and Guarantee Programs

Smart Work Mart Verified” indicates that the details such as name, address, and contact information of a business entity have been verified to exist at the time of its registration with Smart Work Mart. This verification is solely based on the documents or information submitted by the advertiser or as recorded in the Customer E-Registration Form.

“Smart Work Mart Trusted” signifies that the identity and details of vendors or service providers — including name, address, contact details, and business information — have been verified on a best-effort basis, using the documents or details provided by them. The “Smart Work Mart Trusted” tag may also be granted based on user feedback, ratings, or other relevant criteria determined solely by Smart Work Mart.

Smart Work Mart strongly advises its users and customers to independently verify all relevant information before purchasing or availing any products or services from vendors or service providers listed on the platform. Smart Work Mart does not, either expressly or implicitly, endorse, guarantee, or take responsibility for the quality, suitability, reliability, or legality of any products or services offered by such vendors or service providers.

The “Smart Work Mart Guarantee” and “Smart Work Mart Rights” represent a limited assurance provided by Smart Work Mart that the advertiser’s name, contact details, and business category were verified as existing and accurate at the time of registration. Smart Work Mart makes no express or implied warranties regarding the ongoing operation of the advertiser’s business, or the quality, quantity, merchantability, or fitness for any purpose of the goods or services offered by them.

Platform User Desclaimer

Users accessing or utilizing any of Smart Work Mart’s services—whether through our website (www.smartworkmart.com), mobile site, phone support, SMS, or any other communication platform—are hereby bound by this additional disclaimer.
All users are advised to conduct their own due diligence and make independent verification before acting upon, relying on, booking, or engaging in any kind of transaction (including but not limited to financial transactions) with any advertiser or service provider listed on Smart Work Mart.

All information, goods, and services obtained from advertisers are assumed to be provided in good faith, based solely on the representations made by such advertisers. Smart Work Mart does not verify, confirm, or endorse the authenticity, accuracy, or reliability of the claims or offerings made by advertisers listed on our platform.
Furthermore, Smart Work Mart shall not be held liable or responsible for any actions, representations, or conduct of advertisers registered or listed on the platform.

Prohibited or Unlawful Activities

Smart Work Mart reserves the right, at its sole discretion, to review, monitor, and investigate any complaints or potential violations of these Terms. If we believe that any activity is unlawful, inappropriate, or violates our policies, we may take suitable action, including reporting such activities to law enforcement agencies, regulators, or relevant third parties. We may also share necessary user information, such as registration details, IP addresses, communication records, or usage history, with such authorities as required under law.

Transfer of Risk and Ownership

All risks associated with the goods shall transfer to the User immediately upon delivery of the products to the address provided at the time of order. Once the goods are delivered by Smart Work Mart’s listed vendor or service partner, the responsibility and ownership of the goods rest entirely with the User.

User Indemnification

You agree to defend, indemnify, and hold harmless Smart Work Mart, along with its affiliates, officers, employees, and representatives, from any claims, liabilities, damages, expenses, or legal actions (including reasonable attorney fees) arising out of —
(a) your misuse of any goods or services obtained through Smart Work Mart;
(b) your breach of these Terms; or
(c) any act, omission, or violation of applicable laws committed by you.

These obligations shall continue even after the termination or expiry of this Agreement.

Limitation of Liability and Policy Revisions

Smart Work Mart provides its website and related services on an “as is” and “as available” basis, without any representations or warranties of any kind, whether express or implied. Smart Work Mart does not guarantee the accuracy, reliability, suitability, merchantability, or quality of any product or service offered by advertisers or vendors listed on the platform.

You agree that your use of the Smart Work Mart platform is solely at your own risk. Under no circumstances shall Smart Work Mart, its affiliates, employees, or agents be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, revenue, goodwill, or business opportunities, arising out of or connected with your use, misuse, or inability to use the platform or its services, even if Smart Work Mart has been advised of the possibility of such damages.

Smart Work Mart assumes no legal responsibility for the completeness, accuracy, or usefulness of the information, listings, or materials provided through the platform. Users are advised to independently verify all information before acting upon it.

Smart Work Mart also reserves the right to amend, update, modify, or discontinue any part of the website, services, or these Terms at any time without prior notice. It is solely the User’s responsibility to review the Terms periodically for any updates.

Your continued use of the platform after any modification constitutes your acknowledgment and acceptance of the revised Terms. If you disagree with any updated version of these Terms, you are advised to immediately stop using the platform.

Privacy and Data Protection

Smart Work Mart is fully committed to safeguarding the privacy and confidentiality of all personal information collected from its users, clients, and business partners through its website and associated services. To understand how we handle, store, and protect your data, please refer to our detailed Privacy Policy available on our website.

By using our platform and submitting your information, you acknowledge and agree that the contact details and other information you provide to Smart Work Mart may be securely shared with the respective advertisers or service providers to facilitate your enquiry, order, or service request. Smart Work Mart ensures that such sharing is done strictly for the purpose of service fulfillment and in accordance with applicable data protection laws.

General Terms, Responsibilities & Legal Guidelines

The advertisers listed on Smart Work Mart, or the actual business owners who process and deliver your orders, are solely responsible for the quality, delivery, and billing of the products or services. Smart Work Mart acts solely as a platform connecting you to these business owners.

Smart Work Mart makes no representation or warranty, express or implied, regarding the timeliness, accuracy, completeness, or reliability of the website content. Similarly, we make no guarantee regarding the goods or services provided by the advertisers. Any loss, damage, or issue arising from a product, service, website error, or actions of an advertiser is not the responsibility of Smart Work Mart.

Any delay, technical malfunction, system failure, virus, or connectivity issue during the use of the website is beyond Smart Work Mart’s control, and we will not be liable for any resulting computer damage, data loss, or other impacts.

Force Majeure

Smart Work Mart and its advertisers will not be held liable for any breach or failure to perform under these terms due to circumstances beyond their reasonable control, including but not limited to: natural disasters (fire, flood, earthquake), government restrictions, strikes, riots, or other events categorized as Acts of God.

Dispute Resolution / Arbitration

In case of any dispute between you and Smart Work Mart under these terms, both parties shall attempt to resolve the matter amicably through mutual discussion.

If the dispute is not resolved within 90 days, either party may initiate arbitration:

Conducted under the Arbitration and Conciliation Act, 1996

Language: English

Venue: Noida 

Arbitrator: Appointed by Smart Work Mart

The arbitrator’s decision shall be final and binding

Each party shall bear its own arbitration costs

Governing Law & Jurisdiction

These terms shall be governed by and interpreted in accordance with the laws of India. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of courts in Noida, India

Severability

If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity or enforceability of the remaining provisions, which shall continue in full force.

Privacy & Contact

Smart Work Mart is committed to protecting your personal information. Any details you provide will be used solely to forward your request or enquiry to the respective advertiser.

If you have any questions or concerns regarding this Agreement, you may contact us at Customercare@smartworkmart.com.

If you do not agree to these terms, please refrain from using the website or services.

IP Rights and Infringement Policy

Smart Work Mart platform may contain trademarks, logos, trade names, service marks, and other intellectual property (collectively, “Marks”) that belong to Smart Work Mart, its vendors, or respective third parties. Smart Work Mart uses these Marks only with authorization from the respective owners or distribution channels. This use does not grant Smart Work Mart ownership or license rights over these Marks.

This Infringement Policy is designed to maintain a safe and fair marketplace by prohibiting the use of the Smart Work Mart platform to infringe upon the intellectual property rights of third parties or rightful owners.

All users, including buyers and sellers, are required to comply with all applicable laws and regulations, including this Infringement Policy, as updated from time to time.

If you notice any content on the Smart Work Mart platform that you believe infringes upon intellectual property rights, please submit a detailed infringement notice to infringement@smartworkmart.com.

Important Guidelines for Submission:

1. Your notification must include exact product IDs or URLs related to the alleged infringement.


2. Do not submit links to search results or browsing pages, as these are dynamic and their contents may change over time.


3. Smart Work Mart may not be able to process incomplete or insufficiently detailed infringement notices.

 

Smart Work Mart reserves the right to investigate and take appropriate action, including removing or disabling access to infringing content, at its sole discretion.

How to Submit an Infringement Report

If you believe in good faith that your intellectual property rights have been infringed by any seller or user on the Smart Work Mart platform, you may follow the procedure below and/or seek legal advice.

To submit an infringement report, the intellectual property rights owner or their authorized representative must provide the following details and email them to infringement@smartworkmart.com:

1. Exact identification of the product(s) or listing(s) allegedly infringing your rights (e.g., product ID, URL).


2. A clear description of the intellectual property right that has been infringed.


3. Contact information of the rights owner or authorized representative (name, address, email, phone number).


4. Supporting documentation or evidence of ownership of the intellectual property.


5. A statement affirming that the information provided is accurate and that you are authorized to act on behalf of the rights owner.

Information Required in an Infringement Email & Grievance Redressal

Agar aapko lage ki aapka Intellectual Property (IP) Right Smart Work Mart platform par infringe ho raha hai, to aap email bhej sakte ho infringement@smartworkmart.com par. Email me ye details include karni zaruri hain:

1. Intellectual Property Details

Kaunsa IP right infringe hua hai (copyright, trademark, design etc.)

Brand / Trade Name (agar Trademark case hai)


2. Location of Infringing Material

Listing ya product ka exact URL / Product ID jahan infringement ho raha hai

Clear description jisse pata chale ki content kaunsa aur kaha hai (search page links mat bheje)


3. Contact Information

Naam, address, email, aur telephone number


4. Ownership / Authorization Statement

Ek statement confirm karte hue ki information accurate hai

Aur aap owner ho ya authorized representative ho owner ke taraf se act karne ke liye


5. Supporting Documents

Copyrighted images, trademark certificates, ya aur relevant proof attach karein

Agar legal case already chal raha hai, to uske details/documents attach karein


6. Grievance Redressal Policy

Smart Work Mart 15 (Fifteen) working days ke andar complaint verify karke action lega

Action me listing ya product ko remove / disable karna shamil ho sakta hai

Timing complaint ke verification aur nature of complaint par depend karega


Note: Incomplete emails ya insufficient details par action nahi liya jayega.

Anti - Counterfeit and Data Privacy Policy

1. Smart Work Mart Private Limited (“Smart Work Mart”, “we”, “our”, or “us”) has implemented an Anti-Counterfeit & Anti-Piracy Policy to minimize the circulation and impact of counterfeit and pirated products on our platform and to protect our customers. The sale or promotion of counterfeit or pirated goods or services on our platform is strictly prohibited. This Policy outlines the measures Smart Work Mart takes to safeguard the rights of product owners, manufacturers, inventors, authors, and creators against the sale, listing, display, upload, or distribution of counterfeit and pirated products on our website, mobile application, or other digital platforms (collectively, the “Platform”). Smart Work Mart maintains a zero-tolerance approach toward any intentional trafficking, listing, uploading, or selling of counterfeit or pirated products.


2. This Policy constitutes a legally binding electronic agreement under the Information Technology Act, 2000 (21 of 2000), including applicable rules and regulations, as amended from time to time, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. No physical or digital signature is required for this Policy to be binding. By accessing or registering on the Platform, you expressly acknowledge and agree to comply with the terms of this Policy, as well as any other applicable terms or policies. If you do not agree with any of these terms, you should refrain from using the Platform or our services.

Objective of the Anti - Counterfeit & Anti - Piracy Policy

1. To reduce and manage the risk of counterfeit and pirated products appearing on our platform.


2. To safeguard the legitimate rights and interests of product owners, manufacturers, and other intellectual property rights holders.


3. To clearly define responsibilities for preventing the listing, sale, or distribution of counterfeit and pirated products on Smart Work Mart’s platform by sellers, vendors, and their supply chains.


4. To promote awareness among customers about purchasing genuine products only from authorized sources or distributors through Smart Work Mart’s platform.


5. To provide a clear mechanism for users to report counterfeit or pirated products observed on the platform.


6. To prevent the sale or promotion of any counterfeit or pirated products on Smart Work Mart’s platform, which are illegal under applicable laws.

Scope of Application

This Policy applies to all websites, mobile sites, applications, and any other services (collectively, the “Service”) provided by Smart Work Mart Private Limited (“Smart Work Mart,” “we,” “us,” or “our”) and its affiliates, irrespective of the method of distribution, transmission, publication, or broadcast. This Policy is binding on all individuals and entities accessing, visiting, or using the Service, including, without limitation, advertisers, creative and media agencies, analytics companies, survey/research vendors, employees, users, customers, partners, and other service providers (collectively, “you” or “your”).

This Policy also applies to all vendors, service providers, contractors, subcontractors, partners, agents, representatives, suppliers, sellers, and any third parties operating on behalf of Smart Work Mart or accessing its platforms and services. Furthermore, it extends to Smart Work Mart’s head office, branch offices, and all employees or officials of Smart Work Mart.

By accessing or using the Service, you expressly agree to comply with this Policy, which forms an integral part of Smart Work Mart’s Terms of Service.

Unauthorized and Pirated Goods

1. Counterfeit Products – Any product, including its packaging, that bears a trademark or logo without proper authorization, which is identical or substantially similar to a trademark validly registered for such goods, and thereby infringes the rights of the trademark owner. Such products mimic the branding features to appear as genuine items of the original brand owner.


2. Pirated Products – Any product that is reproduced, copied, or made without the consent of the copyright or related rights holder in the country of production, and which constitutes an infringement of copyright or related rights under applicable law. This includes software, movies, videos, music, and other creative works.


3. Examples and Nature of Counterfeit & Pirated Products:
a) Fake, copy, or replica products bearing a brand name.
b) Electronic goods or accessories that carry a brand’s name, logo, or trademark without authorization.
c) Bootleg recordings from concerts or other live events.
d) Unauthorized copies of movies, videos, software, or other creative content.
e) Products marketed as replica, imitation, clone, fake, mirror image, or similar terms with intent to pass off as genuine brand products.
f) Non-genuine products that imitate the characteristics of an established brand to mislead consumers.
g) Non-genuine products displaying a brand’s name, label, or logo without permission.

Obligation of Sellers

1. All products listed for sale on Smart Work Mart’s platform must be genuine and authentic. The sale, promotion, or distribution of counterfeit or pirated products is strictly prohibited. Sellers, vendors, or any persons acting on their behalf shall not host, display, upload, modify, publish, transmit, update, or sell Counterfeit or Pirated Goods/Products on our platform.


2. Sellers must ensure that they:
a) Do not knowingly source, list, or sell counterfeit or pirated products.
b) Promote only authentic and genuine products in advertisements, listings, and promotions.
c) Source and sell only legitimate products.
d) Refrain from selling bootleg, fake, or pirated copies of products or content.
e) Avoid selling products that have been illegally replicated, reproduced, or manufactured.
f) Do not sell products that infringe the intellectual property rights of any third party.
g) Do not sell or publish bootleg recordings from concerts or other live performances.
h) Do not sell or publish unauthorized copies of movies, videos, software, or other media.
i) Do not sell fakes, copies, or replicas of branded goods/products.
j) Do not sell electronics or accessories that bear a brand name, logo, or trademark without proper authorization.
k) Refrain from selling non-genuine products that imitate the characteristics of a brand in an attempt to pass them off as genuine.


3. Sellers acknowledge and agree that adherence to this policy is mandatory, and any violation may result in immediate suspension or removal of listings, termination of access to the platform, and/or legal action.

Non - Compliance with this Policy

1. Smart Work Mart is committed to strictly enforcing its Anti-Counterfeit and Anti-Piracy Policy. The platform does not knowingly engage with manufacturers, vendors, or sellers involved in the production, sale, or distribution of counterfeit or pirated goods.


2. In the event that any seller or vendor is found to be offering counterfeit, pirated, or inauthentic products, and such instances come to the attention of Smart Work Mart, the platform may, at its sole discretion, take any or all of the following actions against the concerned vendor/seller:
a) Immediately suspend or terminate the vendor’s account and remove any counterfeit or pirated products from the platform.
b) Destroy any counterfeit or pirated products in Smart Work Mart’s possession at the vendor’s cost.
c) Withhold any security deposits, service fees, or sale proceeds if it is determined that the platform has been used to sell counterfeit or pirated products.
d) Initiate legal action against the vendor/seller, if deemed necessary.

 

This policy ensures that only genuine and authentic products are listed on the platform, and any violation will attract strict enforcement measures.

Smart Work Mart Rights:

1. We collaborate with manufacturers, rights holders, content owners, vendors, and sellers to enhance our ability to identify and prevent the distribution of counterfeit and pirated goods/products on our platform.


2. We cooperate with rights holders and law enforcement authorities to take appropriate legal action against sellers who knowingly violate this policy by offering counterfeit or pirated goods/products to users/customers through our platform.


3. Product listings on the platform are regularly reviewed, audited, and validated. Any listings found to contain counterfeit or pirated goods/products are promptly removed based on the results of these audits and reviews.


4. Upon receiving complaints from users or rights holders regarding counterfeit or pirated goods/products, we will promptly investigate and take all necessary actions to protect customers, sellers, and rights holders

Report:

1. Smart Work Mart neither uses nor endorses the sale of counterfeit products. We expect all our sellers/vendors to comply with our ethical business standards, guidelines, and operational procedures. The sale or promotion of counterfeit, pirated, or illegal products on our platform is strictly prohibited. If we become aware of any such activities, we will take all necessary actions without delay to address the issue.

2. If you notice any products or sellers on Smart Work Mart’s platform that appear to be selling counterfeit, pirated, or illegal goods, you can report the same to us in accordance with our Infringement Policy. Please provide supporting documents or evidence to substantiate your claim so that we can properly investigate and validate the report.

Smart Work Mart - Terms & Contions for Only Field Sales Executive

This document is an electronic record generated in accordance with the provisions of the
Information Technology Act, 2000 and its applicable rules. It is issued digitally and does not
require any physical or digital signature.
Further, this engagement and its terms are in conformity with the applicable provisions of the
Indian Labour Laws, including but not limited to the Payment of Wages Act, 1936, the
Minimum Wages Act, 1948, and other employment-related regulations as may be applicable
from time to time.
The company reserves the right to interpret, amend, or update these terms to remain in
compliance with existing statutory and regulatory frameworks.
1. Nature of Engagement
1.1 The Employee is engaged by the Company as a Sales Executive. The engagement is premised
upon a results-oriented remuneration model, wherein monetary disbursements made by the
Company to the Employee shall be contingent upon verifiable commercial outcomes generated
by the Employee pursuant to the duties herein described.
1.2 This Agreement does not create, and shall not be construed to create, a guaranteed fixed
monthly salary obligation on the part of the Company except as expressly provided in Section 4
(Expense Reimbursement) and any discretionary bonuses as set out in Section 5.
2. Duties, Targets and Operational Obligations
2.1 The Employee shall perform the duties customarily incidental to the position of Sales Executive,
including but not limited to prospecting, lead conversion, client follow-ups, maintenance of customer records and such other activities as may be assigned by the Company from time to
time.
2.2 Daily Field Obligation: The Employee shall undertake a minimum of thirty (30) store visits per
working day, unless otherwise authorised in writing by the Reporting Manager. Proof of visit
(signed store log / photograph / geotagged entry / manager verification) must be maintained as
per Company protocol.
2.3 Daily Sales Obligation: The Employee shall be responsible for achieving a minimum of five (8)
confirmed sales per working day. A “confirmed sale” shall mean a transaction accepted by the
Company’s fulfilment/operations team as complete and revenue-recognisable in accordance with
Company verification processes.
2.4 The Company reserves the right to vary the foregoing visit and sales thresholds upon prior
written notice to the Employee. Non-compliance with the daily obligations above shall constitute
performance deficiency for the purposes of this Agreement.
3. Attendance, Reporting & Records
3.1 The Employee must maintain accurate and contemporaneous attendance, login/logout
entries, call logs and daily activity reports using the Company’s prescribed systems. Falsification of
records shall constitute serious misconduct.
3.2 Failure to comply with attendance, login, call log, reporting or field verification requirements
shall permit the Company to withhold or decline any payout for the period in question pending
satisfactory reconciliation and investigation.
If any employee is found soliciting or accepting cash from a store owner under any circumstance,
strict legal action may be initiated against such employee, as acceptance of cash payments is
strictly prohibited. In the event that a seller expresses intent to make payment in cash, the
employee may collect the amount solely for the purpose of deposit into the Company’s
authorized account. However, until such payment is duly verified and marked as successful by the
Company’s system, the corresponding sale shall not be considered valid or recognized for payout
purposes.
4. Expense Reimbursement
4.1 The Company shall make available a monthly contribution towards field expenses up to ₹2,000
(Rupees Two Thousand only) for the Employee for travel and incidental costs incurred during the
performance of field duties.
4.2 Disbursement of the said expense contribution shall be subject to the following cumulative
conditions:
(a) The Employee must have achieved the requisite minimum sales and store visit metrics for the
month as per Sections 2.2 and 2.3, and such sales must be validated by the Company’s verification
process; and
(b) The Employee’s monthly payout for the relevant month must be positive and due as per the
Company’s payout computation.

4.3 In the event that the Employee fails to meet the validated sales targets for the month, or
where sales are invalidated upon audit, the Company shall have no obligation to pay the expense
contribution for that month. Any dispute with respect to validation or disallowance of expenses
shall be resolved at the Company’s sole discretion following internal review.
5. Remuneration, Payout Computation and Disbursement
5.1 Remuneration Model: The Employee’s monetary remuneration shall be computed monthly
and shall derive from commissions, incentives and other performance-linked payments as per the
Company’s prevailing commission matrix which shall be communicated separately and may be
amended from time to time.
5.2 Payout Conditions: Payout shall be calculated on the basis of completed and verified sales
recorded in the Company’s systems within the relevant payroll cycle, less any applicable
adjustments, recoupments or withholdings authorised under this Agreement.
5.3 Withholding & Set-Off: The Company reserves the right to withhold payout, in whole or in part,
where: (a) performance thresholds are unmet, (b) discrepancies exist between reported and
verified sales, (c) the Employee is under investigation for misconduct, or (d) statutory or regulatory
obligations require deduction or set-off.
5.4 Payment Timing: Subject to verification, payouts shall be processed monthly in arrears on such
date as the Company may specify. The Company shall not be liable for delay in payment where
such delay arises from the need for verification, audit, or statutory compliance.
6. Probation, Performance Review and Continuation
6.1 The Employee shall be on probation for a period of three (6) months from the date of joining.
Continuation beyond probation shall be contingent upon satisfactory performance as determined
by the Company.
6.2 The Company shall conduct periodic performance reviews and may impose remediation,
retraining, or termination for sustained non-performance.
7. Statutory Compliances; Provident Fund
7.1 The parties acknowledge that statutory obligations (including Employees’ Provident Fund and
related contributions) are determined in accordance with applicable law and the existence of
fixed wage components. Where the Employee is engaged under a model that includes a fixed
basic wage component, mandatory statutory contributions shall apply and the Company shall
comply therewith.
7.2 In instances where the engagement is bona fide commission / incentive only with no fixed
basic wage component, the treatment of such remuneration for statutory contributions shall be
governed by applicable law and practice; the Company may determine statutory applicability in
accordance with legal advice and notify the Employee accordingly. The Employee hereby agrees
to cooperate with all compliance documentation necessary for statutory registrations and
contribution computation.
8. Confidentiality, Intellectual Property & Non-Solicitation

8.1 The Employee shall maintain strict confidentiality with respect to all trade secrets, customer
lists, pricing, strategies and other proprietary information.
8.2 All work product created by the Employee in the course of employment shall be the exclusive
property of the Company.
8.3 For a period of twelve (12) months following cessation of engagement, the Employee shall not
solicit Company customers or employees in a manner that causes demonstrable harm to the
Company’s business.
9. Discipline, Misconduct & Termination
9.1 The Company may initiate disciplinary proceedings for breach of duties, misconduct,
falsification of records, breach of confidentiality, or repeated failure to meet operational
obligations.
9.2 The Company may summarily suspend payout and, where warranted, terminate the Employee
with immediate effect for grave misconduct. Where termination arises from performance failure,
the Company shall provide such notice as set out in clause 10 below.
10. Notice Period & Exit
10.1 During probation the notice period for termination by either party shall be seven (7) days.
Post-probation the notice period shall be fifteen (15) days or payment in lieu thereof. The
Company reserves the right to withhold any outstanding payouts where the Employee has
engaged in conduct warranting such set-off.
In the event that an employee fails to complete visits to a minimum of thirty (30) stores per day,
the Company reserves the right to deduct or withhold the daily petrol allowance provided.
Furthermore, if an employee submits only status updates without conducting any verified store
visits, such entries shall be deemed invalid and will not qualify for daily convenience or
reimbursement, irrespective of whether the employee claims to have worked or not.
It is mandatory for every employee to demonstrate the Company’s services to store owners during
each visit. Submitting a status update without providing a proper service demonstration shall
render the visit invalid. The demonstration must include an explanation of the Smart Work Mart
registration and login process, listing procedures on various e-commerce platforms, methods of
uploading products, generating visibility, receiving orders, and understanding the payment flow
for completed transactions. Proper demonstration ensures the store owner comprehends how
Smart Work Mart functions in lead generation and business promotion.
Each employment engagement shall remain valid for a period of one (1) year. If an employee
successfully completes one hundred fifty (300) sales within a single month, the Company shall
reward the employee with a complimentary movie ticket, as a motivational and performance
recognition initiative.
If an employee consistently achieves one hundred fifty (300) sales per month for the initial three
(3) consecutive months, such employee shall be promoted to the position of Team Leader.
Furthermore, if the employee attains three hundred (300) confirmed sales per month for three (3) consecutive months, they shall be promoted to the position of Manager. Only individuals
designated as Team Leaders or Managers shall be eligible for fixed remuneration; Field Sales
Executives shall remain under a performance-based structure.
During the training phase, every employee shall be required to undergo a Mock Call Test to assess
comprehension and retention of the sales and process training modules. Attaining a score of 100%
in the mock call evaluation is mandatory to qualify as “passed.” Employees failing to achieve the
required score shall either undergo retraining or be reassigned to a subsequent training batch.
The purpose of training is to ensure that employees can effectively represent the Company before
store owners — including demonstration of Company services, payment procedures, presentation
skills, and listing processes across all relevant platforms. For any work-related inquiries or
clarifications, employees must contact the Company exclusively via the official email address:
customercare@smartworkmart.com.
The Company does not provide any assurance, commitment, or guarantee to business owners
regarding the receipt of leads, orders, or sales results. Additionally, details shared by sellers may be
utilized by the Company for legitimate operational purposes in accordance with applicable policy
guidelines.
Smart Work Mart does not provide any form of additional or extraordinary bonus. The Company
extends incentive payments only when an employee successfully achieves a minimum of one
hundred fifty (150) verified sales within a calendar month. Under such circumstances, an incentive
of up to ₹50 per qualified plan may be granted, subject to internal validation and approval.
The Company strictly prohibits the issuance of any form of advance payment. Employees are
hereby cautioned against believing or propagating any rumors or misinformation in this regard.
Compensation is exclusively performance-based; there is no fixed or guaranteed remuneration
structure of any kind.
Within the performance-based framework, employees may earn up to ₹18,000 per month
through consistent and verified results, contingent entirely upon individual performance and
productivity levels.
Every employee shall be provided with a designated reporting form, which must be duly
completed after each store visit. Submission of this report is a mandatory prerequisite for the
release of the daily convenience allowance. Verification of the submitted data and completion of a
minimum of thirty (30) store visits per day shall be required for eligibility.
Each employee is obligated to submit their daily report to the assigned manager no later than
8:00 PM each working day. Failure to provide the daily report within the stipulated time shall
result in the withholding of the day’s convenience payment, irrespective of whether field work
was performed.
Any instance of fraudulent, misleading, or manipulative activity identified by the Company shall
result in immediate termination of employment without any payment consideration..
In the event that an employee records zero (0) sales throughout an entire month and
subsequently claims entitlement to payment citing “effort” or “attempted work,” no such claimshall be entertained. As this position is entirely performance-based, monetary disbursement is
strictly dependent upon verified sales output that contributes measurable value to the Company.
Under applicable labour regulations, a fixed-salary employee is entitled to compensation
regardless of monthly performance; however, this role is categorically defined under a
performance-based compensation model. Therefore, payment shall be made solely in proportion
to confirmed sales results, with applicable percentage allocations determined during the
interview process based on the candidate’s communication skills and performance potential. The
Company may offer up to 20% per validated sale under this structure.
Upon successful closure of a sale, wherein the store owner consents to the Company’s plan and
completes the payment process, it shall be the sole responsibility of the respective employee to
execute all necessary post-sale activities. This includes creating and managing the seller’s listings,
uploading product details across designated platforms, and ensuring that all information is
accurately published in accordance with Company standards and guidelines.
11. Dispute Resolution
11.1 Any dispute arising out of or in connection with this Agreement shall, in the first instance, be
referred to internal grievance redressal. Failing resolution, the dispute shall be subject to
arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration being
Noida. The Courts at Noida shall have exclusive jurisdiction for interim relief
12. Miscellaneous
12.1 This Agreement supersedes prior oral or written communications and constitutes the entire
agreement between the parties with respect to the subject matter hereof.
12.2 Any amendment or variation to this Agreement shall be effective only if made in writing and
signed by authorised representatives of both parties.
12.3 Headings are for convenience only and shall not affect interpretation.
12.4 An individual shall be entitled to receive a consideration of ₹300 per successful transaction
generated under their reference. Upon completion of 60 validated transactions within a calendar
month, the cumulative earning potential may extend up to ₹18,000. Additionally, performance-
based incentives at the rate of ₹50 per qualified conversion may be applicable, subject to
verification and internal approval.
12.5 Failure to maintain punctual login, logout, and attendance records may result in being
marked as absent, half-day, or late commencement of duty, as determined by the monitoring
system or management review. Upon commencement of employment, the employee shall
become eligible to receive remuneration corresponding to verified performance outcomes only.
The disbursement of such remuneration shall occur precisely one (1) month subsequent to the
issuance date of the employee’s official offer letter. In the absence of any validated sales or
measurable performance during the said period, no payment shall be released, as the
compensation framework of the Company is strictly performance-oriented and does not
constitute any fixed or assured amount.

12.6 A minimum of 30 daily store interactions is required for evaluation and eligibility of
consideration. Reports of such visits shall undergo verification; only upon confirmation of
authenticity shall the corresponding remuneration be processed.
All applicants must submit their résumé prior to further evaluation. Candidates will undergo a
communication skills assessment; only those who achieve a minimum score of 80% in this
assessment will be invited to a subsequent interview. Candidates failing to meet the 80%
threshold will not proceed to the interview stage.
12.7 All Field Sales Executives are required to attend client visits in formal attire. Jeans and T-shirts
are not permitted during official visits.
12.8 Identity cards will be issued to employees only after completion of one (1) month of service
with the Company.
12.9 Possession of a personal vehicle is mandatory for all field employees. Any vehicle-related KPI
shortcoming or mechanical/operational issue shall be the sole responsibility of the employee; the
Company shall not be liable for such matters.
12.10 Interviews and training sessions will be conducted exclusively via telephone. While on field
duty, every employee must carry a bag, pen, notebook or planning sheets (white paper) to record
details and to provide written explanations to store owners when required.
12.11 Each employee is responsible for carrying and presenting a valid driving license and wearing
a helmet when applicable. If an employee is found without a valid license or fails to observe traffic
rules and is stopped by traffic authorities, the Company will not be held responsible. Any legal or
financial consequences arising from such non-compliance shall rest solely with the employee.
12.12 After visiting a store, the employee must submit an update containing the following fields:
store name, location, owner’s name, status update, and employee name. Failure to complete and
submit these mandatory updates will result in denial of the daily petrol/reimbursement provided
by the Company, even if the store visit was physically completed. Updates must be accurate and
submitted timely to qualify for reimbursement.
12.13 Use of abusive, insulting, or inappropriate language toward a store owner will result in
immediate termination. In such cases, the Company reserves the right to withhold any
remuneration for days worked by the terminated employee.
12.14 In the event of inclement weather (e.g., heavy rain) an employee must submit verifiable proof
when reporting inability to visit stores. Absent such proof, no reimbursement will be provided for
that day. Similarly, if an employee takes a day off, no petrol or daily allowance will be paid for that
day. The Company does not grant additional paid leave beyond scheduled allowances.
12.15 The Company’s official working hours are 09:30 AM to 06:30 PM. Late start of duties may be
recorded as a half-day or an absence, at the Company’s discretion. Employees are required to
adhere strictly to the prescribed working hours.
12.16 Misuse or unauthorized use of Company-provided data or resources may result in formal
complaints and disciplinary action, including termination.In the event that an employee records zero (0) performance or fails to achieve any valid conversions during an entire month, no payout or
monetary compensation shall be released. The structure of remuneration is entirely performance-
based; hence, the Company does not provide any fixed or assured payment under any
circumstances. The employee’s earnings shall be strictly proportionate to verified results and
approved outcomes only.
12.17 When a store owner agrees to enroll in a Company plan, the employee must capture a
screenshot of the owner’s acceptance as proof. The employee will proceed with subsequent steps
only after obtaining and retaining this proof. A conversion will not be recognized until payment is
confirmed.
12.18 Upon receipt of payment from the store owner, the employee is required to immediately
create listings across all relevant platforms — including Google My Business, applicable e-
commerce platforms, and Smart Work Mart — and populate all product details comprehensively.
Once listings are complete, the employee must provide the store owner with full access
credentials (login ID and password) for each platform so the owner can verify platform activity.
Failure to provide access may result in withholding of the employee’s payout.
12.19 Smart Work Mart grants weekly off only on Sundays and on official festival holidays. No
additional off days are provided.
12.20 All store-related payments must be processed through the Company’s website or via a
payment link supplied by the Company. Acceptance of payments into a personal account is
strictly prohibited and will invite legal action against the employee.
12.21 Any employee found engaging in fraudulent, dishonest, or otherwise negative activities will
forfeit entitlement to payment and may be subject to further disciplinary or legal action.
13 Employee Identification Card (I-Card) Policy
13.1 The Company provides a digital I-Card (soft copy) to every employee after joining. Due to
employees being located in different cities, the Company does not issue physical I-Cards directly.
13.2 Each employee is required to get their official I-Card printed on a PVC card using the digital
copy provided by the Company. The design, layout, and details of the I-Card are the property of
the Company and must not be edited, altered, or modified in any way.
13.3 The employee must obtain an original invoice or receipt from the local print shop and submit
it to the HR Department via email or WhatsApp, along with a clear photograph/selfie holding the
printed I-Card for verification.
13.4 After verification, the actual printing cost will be adjusted or reimbursed along with the
employee’s next monthly payout. The Company reserves the right to deny reimbursement if the
invoice appears invalid, fake, or unverifiable.
13.5 Any unauthorized use, duplication, or modification of the Company’s I-Card design, logo, or
employee details will be treated as misconduct or fraud, and may result in disciplinary action,
termination, or legal proceedings as per Company policy.
13.6 The I-Card remains the property of the Company at all times and must be returned or
destroyed upon termination or completion of employment.

Employment & Compensation Policy (Commission-Based)

The Joining Letter is issued solely for the purpose of identifying the individual as associated with and working for the Company.

The Offer Letter will also mention the potential monthly earnings, which are indicative in nature.

It is clearly communicated to every employee at the time of hiring that the engagement is purely commission-based and not fixed salary-based.

The Company does not offer or promise any fixed monthly salary.

All employees join the Company only after fully understanding and accepting this commission-based structure.

In the event that an employee generates zero sales during a complete calendar month, the Company shall not be liable to pay any amount to the employee for that month.

The Company does not commit or promise reimbursement of petrol, travel, or conveyance expenses to employees.

As per applicable labour principles, fixed salary is applicable only in fixed-salary employment models.

Since this engagement is commission-based, the employee’s earnings are directly linked to their individual performance and sales contribution.

The Company shall pay the employee 20% commission on the total value of sales generated by the employee during the month.

Any incentive and/or allowance mentioned in the Offer Letter shall be applicable only if the employee achieves sales of ₹1,00,000 (One Lakh Rupees) or more in a month, subject to the terms mentioned in the Offer Letter.

The Company shall issue an ID Card to every employee.

Printing and carrying of the ID card shall be the responsibility of the employee.

The Company does not guarantee or declare any fixed earning amount.

The employee’s income is entirely dependent on their efforts, sales performance, and results.

Higher effort and sales may lead to higher earnings, and lower effort may result in lower or no earnings.

Smart Work Mart - Terms of Service:
Electronic Record Declaration

This document constitutes an electronic record under the provisions of the Information Technology Act, 2000, along with all applicable rules, regulations, and amendments. It has been digitally generated by a computer system and, therefore, does not require any physical or digital signatures.
This document is published pursuant to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of Terms of Use governing access to and usage of Smart Work Mart’s online platform and related services.
This electronic record also satisfies the conditions stated under Section 65B(2) of the Indian Evidence Act, 1872.

These Terms of Service define the contractual relationship between Smart Work Mart India (referred to as “Smart Work Mart”, “we”, “our”, or “us”) and the Vendors/Service Providers (referred to as “Vendor”, “you”, or “your”).
The Terms apply to all services offered by Smart Work Mart through its website (www.smartworkmart.com), mobile application, SMS, voice call, or any other digital or communication medium (collectively referred to as “Platform”).

Smart Work Mart may share these Terms with vendors through email, WhatsApp, or SMS on their registered contact details, and the same shall also be made available on our official website at www.smartworkmart.com/terms-and-conditions.
By continuing to use or access our services, you agree to be bound by these Terms and any future amendments made in accordance with applicable law.

Introduction:

Smart Work Mart India operates as an online B2B marketplace platform, connecting buyers and sellers of products and services across various categories in India.
We provide information, listings, and digital tools that help businesses and individuals find, compare, and connect with vendors or service providers (“Vendors”) relevant to their requirements.

Our platform functions as an intermediary, enabling smooth interaction between vendors and potential customers. However, Smart Work Mart does not guarantee or assure any specific business, transaction, or sales outcome for any vendor.

The details, descriptions, and other information provided by vendors are published on our platform as submitted by them. Smart Work Mart’s objective is to deliver accurate, updated, and reliable business information in a user-friendly and accessible format through the web, app, and communication channels.

The end-users (“Users” or “Customers”) are individuals or businesses seeking information about products or services and may use our platform to connect with relevant vendors. These Terms of Service, along with any associated invoices or agreements, form a complete and legally binding contract between Smart Work Mart and the Vendor.

Interpretation

For the purpose of this document:

The term “Agreement” refers to these Terms of Service along with any annexures, schedules, or policies attached hereto.

References to a party include such party’s successors, permitted assigns, and any legal representatives.

The headings in this document are for convenience only and do not affect the interpretation of any clause.

Words denoting the singular include the plural, and vice versa, unless the context requires otherwise.

Any grammatical variation of a defined term carries the same meaning as the term itself.

The terms “including” and “includes” shall always mean “including, but not limited to” and “includes, but is not limited to” respectively.

Subscription

Vendors may include individuals, businesses, organizations, or enterprises (small, medium, or large) that register on Smart Work Mart to list their products, services, or company details.
Smart Work Mart provides visibility to such vendors by displaying their business information to users through search listings, directories, or other listing formats available on our platform.

The Vendor acknowledges that Smart Work Mart is not responsible for guaranteeing leads, sales, or conversions, as the platform merely facilitates the connection between interested buyers and registered vendors.
All listings, information, and promotional content are published based on details provided by the vendors, and Smart Work Mart assumes that such information is true, accurate, and lawful.

Standard Terms and Provisions

1. Contract Definition & Validity

All Terms of Service, including any invoice or annexures issued by Smart Work Mart, shall collectively be referred to as the “Contract” or “Terms of Service.”
These Terms shall override any prior understanding, whether written or verbal, between the Vendor and Smart Work Mart.
This Contract shall remain valid for a period of four (4) months, six (6) months, or longer, as mutually agreed by both parties, provided that payments are made on time.


2. Renewal of Services

The services provided by Smart Work Mart will not be automatically renewed.
Upon the expiry of the service period, Smart Work Mart will notify and contact the Vendor to confirm renewal.
If the Vendor does not choose to renew, their profile or listing may become invisible or inactive on the platform.
The final decision regarding renewal will rest solely with Smart Work Mart.


3. Payment & Termination Policy

The amount mentioned in the invoice shall be considered the final and agreed service fee.
Once payment is made, it shall be deemed that the Vendor has accepted the Terms of Service in full.
If the Vendor wishes to terminate the service, they must provide written notice at least two (2) months prior to the desired termination date.


4. Do Not Call Registry & Contact Permission

Notwithstanding whether the Vendor’s contact numbers are registered under the “Do Not Call” registry of the Telecom Regulatory Authority of India (TRAI) or any similar authority, by accepting these Terms of Service, the Vendor provides full consent to Smart Work Mart to:

Share their business details and contact numbers with users for business and promotional purposes, and

Contact the Vendor directly for service updates, promotions, or business communications.


The Vendor must ensure that users are able to reach them easily.
If users face any difficulty in contacting the Vendor, Smart Work Mart shall not be held responsible.
The Vendor must comply with all current and future TRAI or other regulatory guidelines in this regard.


5. Information Dissemination

Smart Work Mart provides business information to users through multiple platforms, including but not limited to:
website, mobile application, WhatsApp, SMS, email, and phone communication.
Smart Work Mart reserves the right to modify, add, or discontinue any of these communication methods at its discretion and without prior notice.

Vendor Listings and Information

Smart Work Mart offers two business listing plans for vendors — Gold Plan and Platinum Plan, each designed to help vendors increase their online visibility and potential customer reach.


1. Gold Plan

Under the Gold Plan, vendors receive up to 10 leads and online orders per week (combined).
In this plan, Smart Work Mart assists vendors in getting onboarded on two (2) e-commerce platforms selected by the company.

The Gold Plan also includes a Premium Listing, which offers position-based visibility across selected categories and pin codes.
Depending on the category, area, and payment made, vendor listings appear in fixed or rotational order to ensure fair exposure.
Vendors may request additional categories or pin codes at an extra cost, subject to availability.
However, removal or deletion of any existing category or pin code does not entitle the vendor to any refund or cost reduction.

Smart Work Mart reserves the exclusive right to modify, merge, add, or remove any listing categories, keywords, or areas as required.
In case the selected listing position is unavailable, Smart Work Mart will allocate an equivalent listing at its discretion.
All final decisions regarding listing placements and visibility shall rest solely with Smart Work Mart.


2. Platinum Plan

Under the Platinum Plan, vendors receive up to 20 leads and online orders per week (combined).
In this plan, Smart Work Mart assists vendors in getting onboarded on five (5) e-commerce platforms selected by the company.

The Platinum Plan includes a Package Listing, under which visibility is distributed across selected categories and pin codes based on the total consideration paid by the vendor.
All listings appear on a rotational basis to ensure equal opportunity among vendors in the same category.
The prominence of vendor visibility is proportional to the total payment amount for that particular category.

Smart Work Mart reserves the right to determine the listing visibility, area, or order of appearance.
Vendors may modify or add categories/pin codes at additional costs.
However, no refunds or price adjustments will be provided in case of category or pin code removal.

Note: Smart Work Mart does not guarantee the number of business leads, orders, or results generated from any listing, nor does it assure any specific performance on e-commerce platforms.


3. Verified / Lifetime Listing (VFL / LFL)

Smart Work Mart provides Verified and Lifetime Listing services under promotional offers, subject to these Terms.
In these packages:
a) Smart Work Mart displays a “Verified by Smart Work Mart” badge on the vendor’s profile.
This verification badge remains visible as long as the listing is active and the vendor complies with the company’s periodic verification requirements.
b) The Verified Listing (VFL) is valid for up to one (1) year, while the Lifetime Listing (LFL) continues indefinitely as per company policy.

Vendors with Verified or Lifetime listings enjoy higher visibility compared to free listings.
However, in case of non-payment or policy violation, Smart Work Mart reserves the right to suspend or remove the listing at its sole discretion.

All other clauses under the Vendor Terms of Service shall continue to apply to vendors who have opted for these listing packages.


4. Cost Per Enquiry

Under this model, vendors are charged based on the number of valid enquiries they receive.
Each enquiry is recorded when a user contacts or requests information about the vendor’s product or service through Smart Work Mart’s platform (via call, message, or online request).

The total amount payable is calculated by dividing the payment made by the total number of enquiries included in the plan.
Once the maximum enquiry threshold is reached, services may pause automatically until the vendor renews their plan.
Vendors may renew their service anytime at prevailing rates.

Smart Work Mart does not guarantee that any enquiry shared will result in confirmed business or sales.


5. Guaranteed Leads and Pay Per Enquiry

In this plan, vendors receive confirmed enquiries or calls as per their selected payment plan.
Charges are applicable per enquiry, and the service continues until the committed minimum number of enquiries is fulfilled.

All enquiries shared under this plan are chargeable, and Smart Work Mart provides these services on a best-effort basis only.
No fixed outcome, lead conversion, or sales guarantee is provided under this plan.


6. Pay Per Performance Services

Smart Work Mart offers Pay Per Performance services that include:

a) Bundle Services

Display: Vendor’s name, contact information, and business details are displayed on Smart Work Mart’s portal.

Calls: Direct customer calls made to the vendor.

Direct Enquiries: Customer messages or queries received via options like “Enquire Now”, “Best Deal”, or “WhatsApp”.


b) Optional Services

Grab Leads/Enquiries: Vendors can purchase additional leads or enquiries at an extra cost as per requirement.


Vendors can manage their daily spending, lead tracking, and performance statistics directly through their dashboard.
The visibility and reach of listings depend on the payment plan and the vendor’s active balance.

Smart Work Mart provides all its services strictly on an “As Is” basis — without any express or implied guarantees.
There is no restriction on the number of customer calls or messages a vendor may receive.

If a vendor fails to maintain the minimum required balance, Smart Work Mart reserves the right to pause or limit the listing services until sufficient balance is restored.

Other Applicable Fees

1. Payment and Validity:
The Vendor agrees to make a one-time full payment of the total amount for the selected plan in advance.
For example, if the plan is valid for four (4) months, the Vendor must pay the full amount for the entire four-month duration in a single transaction.
All such payments are non-refundable under any circumstances.
If, at any point in the future, the Vendor wishes to avail additional or upgraded features or services, separate charges will apply as determined by Smart Work Mart.

2. Pricing Control:
The total amount or plan fee shall be decided solely by Smart Work Mart, and the same shall remain entirely under the Company’s discretion and control.

3. Invoice and Notification:
Upon receipt of the payment, Smart Work Mart shall issue an official electronic invoice (e-invoice) to the Vendor’s registered email address and/or mobile number as provided at the time of registration.

4. Taxes and Additional Charges:
Smart Work Mart reserves the right to recover or adjust any applicable taxes, fees, or additional charges from time to time as per company policies and government regulations.

5. Payment Method:
The Vendor is required to make the full payment in a single installment only. No partial or installment-based payment options shall be applicable under this policy.

6. Activation of Services:
The services under the selected plan shall be activated only after the successful receipt and credit of the full payment to Smart Work Mart’s designated account.
In case the payment fails or is not received for any reason, the services shall not be activated, and no refund shall be processed.

7. Modification of Terms:
Smart Work Mart reserves the right, at its sole discretion, to modify, update, or amend these terms and conditions at any time. Such modifications will be published on the official Smart Work Mart portal, and Vendors are advised to review them periodically to ensure uninterrupted services.

8. KYC and Business Documents:
The Vendor shall be required to furnish valid KYC and business verification documents before activation of services, including but not limited to:

Aadhaar Card

PAN Card

Voter ID / Driving License / Passport

GST Certificate, Shop Registration, or any other government-issued business certificate.
Failure to submit valid documents may result in service delay or cancellation without refund

Accepted Methods of Payment

1. Accepted Methods of Payment:
Smart Work Mart provides Vendors the option to make payments for the availed services, including the Listing or Subscription Fees, using any of the following approved payment modes:

Bank Transfer (NEFT/RTGS/IMPS)

Demand Draft

Cheque (subject to realization)

UPI or Card Payment (Debit/Credit)

 

2. Cash Transactions:
Smart Work Mart does not promote or accept cash payments for any service under any circumstance.
In case a Vendor chooses to make payment in cash, such payment shall be made entirely at the Vendor’s own risk, and the Company shall not be held responsible for any loss, delay, or dispute arising therefrom.


3. Security of Financial Information:
Vendors are strictly instructed not to share their banking details, OTPs, card numbers, or any other confidential financial information with any Smart Work Mart representative or third party.
The Company will not be responsible for any misuse, data theft, or unauthorized access to such information if shared by the Vendor.


4. One-Time Payment Policy:
The Vendor shall be required to make the full payment in a single transaction for the selected service plan.
Installment or partial payments will not be accepted under any plan.
All payments must be made one-time and in advance, as directed by Smart Work Mart at the time of service activation.


5. Activation of Services:
Smart Work Mart will make every reasonable effort to activate the Vendor’s services within fourteen (14) working days from the date of receiving the complete payment and necessary documents.
However, the Company shall not be held liable for any delay caused due to technical errors, pending documentation, or circumstances beyond its control.

Consequences of Payment Default

1. Mandatory Payment:
The Vendor agrees to make all payments strictly through the modes specified in Clause 10 of these Terms. Any delay or failure to make payment in accordance with the agreed terms shall be treated as a breach of this Agreement.


2. Legal Action:
In the event of any dishonor or non-clearance of payment (including cheque bounce or failure of ECS/NACH transaction), Smart Work Mart reserves the right to initiate appropriate legal proceedings under Section 138 of the Negotiable Instruments Act, 1881, along with any other applicable laws. The Vendor shall also be liable to pay an interest of 18% per annum on the outstanding amount until full payment is received.


3. Suspension of Services:
If the Vendor fails to make the required payment on or before the due date, Smart Work Mart may, at its sole discretion, suspend the Vendor’s services, listings, or account access until the pending amount is received in full. During the suspension period, the Vendor shall not be entitled to claim any refund, leads, or benefits related to the suspended services.


4. Forfeiture of Listing:
In case of continued non-payment, the Vendor’s listing position or slot shall be considered forfeited and may be allocated to another vendor without any prior notice or intimation. The Company shall not be liable for any loss or inconvenience caused due to such forfeiture.


5. Right to Recover Dues:
Smart Work Mart reserves the right to recover all outstanding dues, costs, or applicable charges through lawful means, including engaging a third-party recovery agency if necessary.

Obligations, Warranties and Service Conditions for Vendors

ISSUANCE OF INVOICE / ANNEXURES

Upon successful receipt of payment from the Vendor, Smart Work Mart shall activate the respective services. Once the services are activated, Smart Work Mart will issue and share the invoice to the Vendor on their registered email address and/or mobile number via electronic means such as email, SMS, or any other digital communication channel. The validity of the invoice is subject to the timely realization of the payment in Smart Work Mart’s account.

PRIORITY OF INFORMATION ABOUT VENDORS

Smart Work Mart prioritizes providing accurate and relevant business information to users. When a user searches for any service or product based on location or category, the listings of vendors registered with Smart Work Mart will be displayed accordingly. Vendors who have subscribed to paid listings or premium plans will be shown on a priority basis, subject to system availability and technical factors. However, Smart Work Mart does not guarantee that such listings will result in enquiries, leads, or business conversions for the vendor. The company’s role is limited to providing visibility and information access to users.

NO GUARANTEE OF BUSINESS

Smart Work Mart does not provide any assurance or warranty that the vendor will receive a specific number of leads, enquiries, or business opportunities. The company’s services are limited to facilitating visibility and lead generation; the conversion of such leads into actual business is entirely the vendor’s responsibility.

NO MARKETING OBLIGATION

Smart Work Mart is not obligated to promote, advertise, or market the products or services of any vendor. The company’s responsibility is restricted to publishing and maintaining listings and enabling lead-related functionalities. Any promotional activity or marketing initiative is outside the scope of Smart Work Mart’s obligations under this agreement.

INDEMNIFICATION

The Vendor agrees to defend, indemnify, and hold harmless Smart Work Mart, its officers, employees, and agents against all claims, liabilities, damages, expenses, and legal proceedings arising from:
(a) any breach of these Terms of Service by the Vendor;
(b) any violation of third-party rights, including intellectual property rights;
(c) any false or misleading representation or wrongful act by the Vendor; or
(d) any negligence, omission, or misconduct on the part of the Vendor or its representatives.

The Vendor shall bear all expenses, including legal costs, resulting from such claims or actions.

CONFIDENTIALITY AND DATA PRIVACY

The Vendor shall maintain complete confidentiality regarding any information received from users through Smart Work Mart’s platform. The Vendor shall not share, sell, transfer, or disclose user information to any third party without prior written approval from Smart Work Mart. Any violation of this clause shall entitle Smart Work Mart to immediately terminate the Vendor’s services and initiate legal action, without prejudice to any other rights available under applicable law.

VENDOR’S OBLIGATIONS TOWARDS END USERS

Vendors are solely responsible for fulfilling their commitments toward customers, including delivery, after-sales service, refunds, replacements, payments, and product quality.
If any dispute or complaint is raised by a customer, the Vendor must resolve it promptly and professionally.
If the Vendor fails to address user grievances within a reasonable time, Smart Work Mart reserves the right to suspend or terminate the Vendor’s services without prior notice.

Vendors must not provide false guarantees, misleading information, or misrepresent their products or services. Any such act will be treated as a breach of contract and may attract legal action.

VENDOR’S OBLIGATIONS TOWARDS SMART WORK MART

The Vendor acknowledges and agrees that all information or materials provided for listing on Smart Work Mart must be accurate, lawful, and free from any intellectual property infringement.
Smart Work Mart operates solely as an online B2B directory and is not responsible for the quality, delivery, or fulfillment of any product or service sold by the Vendor.

Any dispute between the Vendor and the end user shall be resolved solely between the parties, and Smart Work Mart shall not be made a party to such disputes.

The Vendor must retain all business-related proof, invoices, and documents for at least three (3) years from the date of the transaction. Smart Work Mart shall not be held liable for any non-fulfillment, delay, or quality issues arising from the Vendor’s business operations.

VENDOR’S GENERAL OBLIGATIONS

1. The Vendor represents that it is a genuine and legally registered business entity with all necessary licenses, approvals, and authorizations required to operate.

2. The Vendor shall ensure that all business details, including contact information and product/service details, are accurate and regularly updated on the Smart Work Mart platform.

3. The Vendor shall keep login credentials, passwords, and access details confidential to prevent misuse.

4. The Vendor shall not directly or indirectly divert Smart Work Mart’s leads, users, or employees for personal gain or third-party benefit.

5. The Vendor shall not share, forward, or misuse the leads or enquiries generated through Smart Work Mart for unauthorized purposes.

6. Any attempt to mislead users, manipulate listings, or harm the company’s reputation will result in immediate termination of services and potential legal proceedings.

7. Smart Work Mart will not be liable for any loss or damage resulting from the Vendor’s negligence, delay in documentation, or failure to comply with these Terms.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Smart Work Mart hereby disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Smart Work Mart makes no assurance or guarantee regarding the accuracy, reliability, or completeness of any Vendor Listing, or that the services will meet the Vendor’s specific expectations.

Vendors acknowledge that certain errors, delays, or interruptions may occur during service delivery, and Smart Work Mart shall not be held responsible for any losses arising therefrom. Under no circumstances shall Smart Work Mart or its representatives be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, loss of revenue, profit, goodwill, or reputation), whether arising in contract, tort (including negligence), or otherwise, even if Smart Work Mart has been advised of the possibility of such damages.

The total and aggregate liability of Smart Work Mart, if any, shall not exceed the total amount paid by the Vendor to Smart Work Mart within the twelve (12) months immediately preceding the date of the claim. Smart Work Mart shall also not be liable for any claim arising from any inaccurate or misleading information provided by the Vendor, where Smart Work Mart has displayed or communicated such information as supplied by the Vendor or its authorized representative.

ADDITIONAL DISCLAIMER

The Vendor fully acknowledges that it shall be solely and entirely responsible for all dealings, communications, and transactions between itself and any User or Buyer, including all obligations, warranties, and representations associated with its products or services.

Smart Work Mart does not verify the identity or authenticity of Users and provides information to Vendors strictly as received from Users, without any independent verification.

In the event that Smart Work Mart receives any complaint from Users regarding a Vendor, its conduct, or its products/services, Smart Work Mart reserves the right to suspend or discontinue services to such Vendor and take any other corrective action deemed appropriate, including termination of the Vendor’s account.

Smart Work Mart does not guarantee or assure that the Vendor will receive any specific number of leads, orders, or payments from Users, nor does it take responsibility for any non-payment or dispute between Vendor and User.

DISPUTE RESOLUTION

In case a Vendor believes that the services provided by Smart Work Mart are defective, delayed, or deficient, the Vendor must notify Smart Work Mart in writing within 48 hours of such occurrence. Smart Work Mart will thereafter review the issue and, if a genuine defect or deficiency is confirmed, may extend the service period for an equivalent duration or provide an alternative solution, at no additional cost to the Vendor.

Smart Work Mart shall not be liable to issue any refund for such claims. Any failure in performance resulting from factors beyond the company’s reasonable control — including but not limited to technical failures, server errors, human error, or system malfunctions — shall not constitute a material breach of contract.

The Vendor agrees that such extension or alternative arrangement shall be the sole and exclusive remedy in case of any proven deficiency in service by Smart Work Mart.

GRIEVANCE REDRESSAL POLICY

Purpose:
To ensure that Vendors’ and Users’ grievances are addressed promptly, transparently, and fairly, Smart Work Mart has established a formal grievance handling process.

1. Primary Contact for Complaints:
Vendors and Users may submit grievances through:

Email: support@smartworkmart.com

Website Contact Form: www.smartworkmart.com

Customer Care Helpline: +91-2269621023

All complaints will be acknowledged within 24 hours of receipt, and a unique grievance reference number will be provided along with the expected resolution time.

2. Escalation Process:
If a Vendor/User is not satisfied with the initial resolution, the grievance may be escalated to the Grievance Redressal Officer:

Name: Mr. Aman Saxena 
Designation: Grievance Redressal Officer
Email: grievance@smartworkmart.com
Address: Smart Work Mart India, 63, Noida, Near Metro Station Sector 62, Noida, Uttar Pradesh,201301

Smart Work Mart aims to resolve all grievances within 15 business days of receipt. In exceptional cases requiring additional time, the Vendor/User will be informed of the revised resolution timeline.

TERMINATION

The term of this Agreement shall commence from the date the Vendor registers or begins using the services of Smart Work Mart India (“Company”) and shall continue until terminated by either party (the “Term”).

The Vendor may terminate the Services by giving a written notice of three (3) months, either via email or registered post, prior to the automatic renewal date, clearly stating the intention to discontinue the Services.

Smart Work Mart India reserves the right to terminate the Services at any time, with or without cause. In case the Vendor breaches any material term or obligation under this Agreement, the Company may, at its sole discretion, issue a notice allowing seven (7) days to rectify such breach. Failure to comply shall result in immediate termination of the Vendor’s services.

Upon termination, the Company shall not be obligated to immediately delist or remove the Vendor’s profile or information from its platform, though it reserves the right to do so without prior notice.

In case of any technical issues, system failures, or other unavoidable circumstances, the Company may terminate the Services by providing written or verbal notice to the Vendor.

If the Vendor terminates the Services, the balance of the deposit (if any) remaining after deducting charges for the duration of Services already rendered shall be retained by the Company. Under no circumstances shall the Vendor be entitled to claim a refund of any fees already paid.

If termination is caused due to reasons solely attributable to Smart Work Mart India, the Company may either refund the proportional amount or offer alternate Services to the Vendor.

The Company also reserves the right to terminate the Agreement immediately if the Vendor is found involved in any fraudulent, illegal, or unethical practices, or in activities that, in the Company’s reasonable judgment, may harm its business reputation or violate applicable laws.

This Agreement shall stand automatically terminated under the following circumstances:

The Vendor becomes insolvent or is declared bankrupt, or undergoes liquidation.

The Vendor ceases its business operations or suspends a substantial part of its activities.

A receiver, administrator, or legal authority takes control over any of the Vendor’s assets.

Any material change in law or government regulations prevents continuation of this Agreement.

 

NOTICES

All notices from the Company to the Vendor shall be sent in writing via email, WhatsApp, SMS, or registered post through a reputable courier. Any notice refused by the Vendor shall be deemed legally delivered.

The Vendor may send notices to Smart Work Mart India in writing via customer support email or to the Company’s registered office address.


MODIFICATIONS TO TERMS OF SERVICE

Smart Work Mart India reserves the right to modify, amend, or update these Terms of Service at any time without prior notice to the Vendor.
All changes shall become effective immediately upon being published on the Company’s official website or communicated through any other authorized channel.


TAXES

The Company shall be entitled to charge the Vendor all applicable taxes, levies, or fees, whether existing or imposed in the future, related to the Services or listing fees. The Vendor agrees to pay such taxes promptly and without objection.

In the event the Company does not collect any tax, it shall be the sole responsibility of the Vendor to remit the same directly to the concerned authorities.

It is the Vendor’s responsibility to provide a valid and correct GST number before making any payment. If the Vendor fails to do so or provides incorrect details, the Company shall not be liable for any loss of GST credit.


MISCELLANEOUS

The interpretation of these Terms of Service by Smart Work Mart India shall be final and binding.

No partnership, employment, or agency relationship shall be deemed to exist between the Vendor and the Company.

If any provision of this Agreement is found invalid or unenforceable, such provision shall be replaced with a valid one that best reflects the original intent, and the remaining provisions shall continue in full effect.

The Vendor shall not assign or transfer any rights or obligations under this Agreement without prior written consent from the Company. However, the Company may assign its rights or obligations by providing notice to the Vendor.

The Company shall not be held liable for any delay or failure in performance due to force majeure events such as technical glitches, natural calamities, strikes, government actions, or any other circumstances beyond its control.

Nothing in this Agreement obligates the Company to extend credit or payment facilities to the Vendor.

The Company retains the right to present ECS/CCSI/NACH payment mandates multiple times to recover due payments.

User-generated reviews, comments, or ratings displayed on the Company’s platform are the responsibility of the users. Smart Work Mart India shall not be liable for any such third-party content.

 

ARBITRATION

Any dispute, difference, or claim arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996.
A single arbitrator, appointed by an authorized representative of the Company, shall preside over the proceedings.
The arbitration shall be conducted in English language and held in Delhi, India (or as may be determined by the Company).
The decision of the arbitrator shall be final and binding on both parties, and the arbitrator shall be entitled to award costs of the proceedings.


ENTIRE AGREEMENT

This Agreement, along with any invoices, annexures, or additional terms issued by Smart Work Mart India, constitutes the entire understanding between the Company and the Vendor and supersedes all prior agreements, whether written or oral.


AMENDMENTS AND WAIVERS

The failure or delay by Smart Work Mart India to exercise any right or remedy under this Agreement shall not constitute a waiver of such right.
Any waiver or amendment shall only be valid if made in writing and approved by the Company.

Smart Work Mart Messenger - Terms of Use

1. Services: Smart Work Mart Messenger allows users to chat, group chat, make voice calls, share photos, documents, voice notes, and interact with businesses/SMEs listed with Smart Work Mart without revealing personal phone numbers. Users can also search service providers, transact, schedule appointments, receive delivery/shipping updates, and get product/service notifications.

2. Registration & Account: Users must provide accurate information, verify their mobile number via OTP, and ensure account security. Users are fully responsible for information provided.

3. Age: Users must be at least 18 years old. Users aged 13–17 can use the service only under parental or legal guardian supervision.

4. Devices & Updates: Users must provide compatible devices, software, and internet connections. Updates may be installed automatically.

5. Fees & Payments: Users are responsible for all data charges and applicable taxes. Fees for services may apply. Refunds are limited as per applicable law.

6. Service Availability & Termination: Smart Work Mart may modify, suspend, or terminate access to the service for violations, harm, or technical issues. Some provisions survive termination (e.g., Licenses, Disclaimers, Liability, Indemnification, Dispute Resolution).

7. No Emergency Access: The service cannot be used for emergency calls or connecting to emergency providers.

8. Acceptable Use: Users must not misuse the service for illegal, offensive, harmful, spam, or abusive purposes, including hacking, impersonation, bulk messaging, or distributing malware.

9. Third-Party Services: Users accessing third-party websites or services through Smart Work Mart Messenger are subject to those third parties’ terms and privacy policies.

10. Security: Users must secure their devices and accounts. Smart Work Mart is not responsible for content uploaded or shared by users.

11. Data Ownership & Use: Users retain ownership of the data they submit. Smart Work Mart may use the information to operate and improve services, and for business promotion.

12. Intellectual Property: All rights to Smart Work Mart Messenger’s content, trademarks, logos, and software remain with the company. Limited, non-transferable license granted to users for permitted use only.

13. Dispute Resolution & Governing Law: Any disputes between users and Smart Work Mart Messenger shall be resolved by arbitration in Noida, India, conducted in English, under the Arbitration and Conciliation Act, 1996. The arbitration award will be final and binding.

14. Disclaimer & Limitation of Liability: Services are provided “as is.” Smart Work Mart Messenger disclaims all warranties, express or implied. Liability is limited to the minimum permitted by law.

15. Indemnification: Users agree to indemnify Smart Work Mart Messenger and its affiliates against any claims arising from user actions, breaches, or misrepresentations.

16. Modifications & Updates: Smart Work Mart Messenger may update these Terms at any time. Continued use indicates acceptance of the updated Terms.

17. Miscellaneous: Rights can be transferred by Smart Work Mart. Failure to enforce any term does not constitute a waiver. Invalid clauses will be replaced by valid clauses reflecting original intent.

Smart Work Mart Catalogue Terms of Service

1. Introduction:
This document is an electronic record under the amended Information Technology Act, 2000, and the rules and regulations made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. These Terms of Service (“Terms”) govern your use of Smart Work Mart’s B2B Marketplace and digital catalogue services (“Services”). By applying for, accepting, or using our Services, you agree to be bound by all the terms and conditions herein. Smart Work Mart reserves the right to modify, add, or remove portions of these Terms at any time without prior notice. Your continued use of the Services after such changes constitutes acceptance of the revised Terms.

2. Services:
Smart Work Mart provides a B2B marketplace, digital catalogue, and business website creation services to promote your products and services through our platform. Users can directly access your catalogue, explore your products/services, and transact with your business at their convenience.

3. Fees:
Currently, the creation of a digital catalogue is free. Smart Work Mart reserves the right to determine charges for the Services at its sole discretion at any time.

4. Your Representations, Warranties, & Obligations:

You represent that you are a legitimate business operating in accordance with applicable laws.

You own the rights to use all trademarks, images, and product details submitted for your catalogue.

Your business operations comply with laws, and all necessary licenses, registrations, and approvals have been obtained.

All information provided to Smart Work Mart is accurate, complete, and up-to-date.

You are solely responsible for delivery of goods/services and for resolving any disputes with end-users. Smart Work Mart is not liable for any transactions, claims, or disputes between you and your customers.

You will not misuse Smart Work Mart portals, accounts, or data, nor authorize third parties to do so.

You must secure your login credentials and ensure no unauthorized access occurs.

 

5. Smart Work Mart’s Obligations:

Smart Work Mart may modify, add, or remove catalogue content at its discretion.

We will provide Services with reasonable care and skill but do not guarantee uninterrupted service. Operational maintenance or emergencies may cause temporary suspension of services.

 

6. Disclaimer & Limitation of Liability:
The Services are provided “as is.” Smart Work Mart disclaims all warranties, whether express or implied, including merchantability, fitness for purpose, or non-infringement. Smart Work Mart is not liable for any loss, damages, or consequences arising from the use of Services, including business losses, even if advised of potential issues.

7. Indemnity:
You shall defend, indemnify, and hold harmless Smart Work Mart, its officers, employees, and affiliates against all claims, losses, damages, liabilities, costs, or expenses arising from:

Breach of these Terms;

Infringement of intellectual property rights;

Misrepresentation or false information provided; or

Negligence, default, or misconduct by you or your representatives.

 

8. Ownership:

Ownership of product images, specifications, descriptions, and other submitted details belongs to you.

Ownership of the digital catalogue itself, excluding your product content, remains with Smart Work Mart.

 

9. Intellectual Property Rights:
All intellectual property rights in Smart Work Mart brands, logos, and the digital catalogue remain exclusively with Smart Work Mart. You are not granted any license to use, reproduce, or distribute these rights without prior written consent.

10. Term & Termination:
Smart Work Mart may terminate your access to Services if you breach any terms, receive complaints, or for other reasons. You must immediately stop using the Services upon termination. Legal action may be initiated for material breaches.

11. Force Majeure:
Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, pandemic, civil unrest, industrial disputes, or government actions.

12. Dispute Resolution:
Any disputes arising under these Terms will first be attempted to resolve through good faith discussion. If unresolved within 60 days, disputes will be referred to a sole arbitrator appointed by Smart Work Mart. Arbitration shall be conducted under the Arbitration and Conciliation Act, 1996, in Noida. The language of arbitration shall be English. Arbitration costs will be borne equally, while attorney fees will be borne individually.

13. Help Desk:
For catalogue approvals or complaints, contact:

Approval: approval@smartworkmart.com

Complaints/Grievances: b2bdata@smartworkmart.com

 

14. Relationship:
The parties operate on a principal-to-principal basis. Nothing herein creates a partnership, joint venture, or employment relationship.

15. Survival of Information:
Clauses intended to survive termination, such as liability, indemnity, and dispute resolution, remain effective even after the end of Services.

16. Notices:
All notices shall be in writing via email or registered mail. Emails must be followed by physical mail within ten (10) days.

17. Waiver:
Failure to enforce or delay in exercising any rights under these Terms does not constitute a waiver of rights.

18. Governing Law & Jurisdiction:
These Terms are governed by Indian law. All disputes shall be subject to the exclusive jurisdiction of courts in Noida, India.

19. Assignments:
You may not assign or transfer rights or obligations under these Terms without prior written consent from Smart Work Mart. Smart Work Mart may assign its rights or obligations at its discretion.

Smart Work Mart Terms of Finance Support

1. Scope of Services
The Company, Smart Work Smart, provides digital business growth services including, but not limited to, business promotion via its official website and product listing/management on third-party E-commerce platforms (e.g., Amazon, Flipkart, etc.). The Subscription Plan covers only these digital marketing and management services.

2. Loan Assistance Disclaimer (Value Added Service)
Facilitator Role: The Company acts solely as a facilitator/referral partner between the Client and third-party financial institutions (Banks/NBFCs/DSAs). The Company is NOT a lender, bank, or financial institution.
No Guarantee of Approval: The final decision to approve, reject, or determine the loan amount, interest rate, and tenure rests exclusively with the lending institution. The Company does not guarantee loan disbursement or approval.
No Liability for Rejection: The Company shall not be held liable for any financial loss or business impact arising from the rejection of a loan application by any bank or NBFC.

3. Non-Liability for Default (Loan Repayment)
Client Responsibility: The repayment of any loan obtained through the Company’s reference is the sole responsibility of the Client.
Indemnification: The Client agrees to indemnify and hold Smart Work Smart (including its directors and employees) harmless against any legal action, recovery proceedings, or claims initiated by the Bank/NBFC in case of loan default or non-payment of EMIs.
No Guarantor Status: Under no circumstances shall the Company be considered a ‘Guarantor’ or ‘Co-applicant’ for the loan obtained by the Client.

4. Non-Refundable Subscription Fee
The fee paid for the subscription is strictly for the Digital Promotion and E-commerce Services. This fee is non-refundable, regardless of whether the Client’s loan application is approved or rejected by the financial institution.

5. Accuracy of Documents
The Client is responsible for providing genuine, accurate, and legal documents (KYC, ITR, Bank Statements, etc.) for the loan process. Any legal consequences arising from the submission of fraudulent or forged documents shall be the sole responsibility of the Client.

6. Data Sharing Consent
By opting for the loan assistance feature, the Client provides explicit consent to the Company to share their business and personal data with third-party lending partners for the purpose of credit evaluation and loan processing.

7. Dispute Resolution
Any disputes arising from the digital services provided by the Company shall be subject to the exclusive jurisdiction of the courts located in Noida .

Terms of Use for Information Dissemination

This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulations made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the Terms for access or usage of Smart Work Mart’s service via Smart Work Mart Portal. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872.

Your Acceptance of This Agreement

This is an agreement between you (“you” or “your”) and Smart Work Mart India, a company incorporated under the Companies Act with its registered office at [Your Company Address] (“Smart Work Mart,” “we,” or “our”) that governs your use of the search services offered by Smart Work Mart through its website www.smartworkmart.com (“Website”), telephone search, SMS, WAP, or any other medium using which Smart Work Mart may provide the search services (collectively “Platforms”). When you access or use any of the Platforms you agree to be bound by these Terms and Conditions (“Terms”).

Changes

We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.

How You May Use Our Materials

We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and other materials and effects (collectively “Materials”) for the search services on the Platforms. We provide the Material through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.

While every attempt has been made to ascertain the authenticity of the Platforms content, Smart Work Mart is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.

Accordingly, you may view, use, copy, and distribute the Materials found on the Platforms for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Smart Work Mart. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You may not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by Smart Work Mart, its subsidiaries, parent companies, and/or any third party owner of such rights.

How You May Use Our Marks

The Smart Work Mart company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Smart Work Mart or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any Smart Work Mart name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Smart Work Mart. Requests for authorization should be made to intproperty@smartworkmart.com.

How We May Use Information You Provide to Us

Do not send us any confidential or proprietary information. Except for any personally identifiable information that we agree to keep confidential as provided in our Privacy Policy, any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

Reviews, Ratings & Comments by Users

Since Smart Work Mart provides information directory services through various mediums (SMS, WAP, E-Mail, Website, APP and voice or phone), your (“Users”) use of any of the aforementioned mediums to post Reviews, Ratings and Comments about the Smart Work Mart services and also about the Advertiser’s listed at Smart Work Mart is subject to additional terms and conditions as mentioned herein.

[The remaining sections such as “Content Disclaimer,” “Warranty Disclaimer,” “Limitation of Liability,” “Third Party Sites,” “Monitoring of Materials Transmitted by You,” “Indemnification,” “Miscellaneous,” etc., can be rewritten in the same pattern by replacing Just Dial references with Smart Work Mart, updating email to customerservice@smartworkmart.com.

Smart Work Mart - KYC Terms and Conditions

I hereby declare that I will use the listing services of Smart Work Mart India for my legitimate business. For this purpose, I may be required to provide my Voter ID, Passport, Driving License, PAN, Aadhaar number (KYC documents) and/or other relevant documents to Smart Work Mart India to complete KYC requirements.

As the holder of Aadhaar/Voter ID/Passport/Driving License/PAN, I voluntarily provide my personal information (e.g., name, date of birth, address) and KYC-related documents to Smart Work Mart India for verification of my business listing and e-KYC compliance in accordance with applicable laws and regulations.

I expressly authorize Smart Work Mart India to process my personal information with third parties for the purpose of verifying my business listing and completing e-KYC formalities. I also authorize Smart Work Mart India and its representatives to contact me, and I acknowledge that this consent overrides any registration in the NDNC/DNC (“Do Not Call”) registry maintained by TRAI.

I declare that all information provided by me is true, correct, current, and complete. I acknowledge that Smart Work Mart India shall not be responsible for any incorrect information provided by me, and I agree to indemnify Smart Work Mart India for the same.

Smart Work Mart India assures that all information submitted will be used solely for legitimate purposes in accordance with its Terms of Service and Privacy Policy.

Terms and Condition Version 1.0 | Effective Date 2 Feb 2024