TERMS OF SERVICE
Last updated: 16^th December, 2020

The following terms of service (these “Terms of Service”), govern your access to and use of the DataSmart Services website, including any content, functionality and services offered on or through www.datasmart.in (the “Website”) by DataSmart Services India. and its subsidiaries/parent companies are collectively referred hereto as “DataSmart Services” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Website. The Terms of Service, along with our Privacy Policy and any additional guidelines that may be introduced from time, together constitute the agreement (“Agreement”). By using the Website, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by the Agreement. If you do not agree to the Agreement, do not click register or access or otherwise use DataSmart or our Services.

This Website is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Website or the DataSmart Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

In case of any questions, please contact our customer Support team by sending an email to support@datasmart.in

Key Terms
Buyers are users who purchase Jobs on datasmart.in

Customized Offers are exclusive proposals that a Seller can create in response to specific requirements for a particular Job of a Buyer.

Customized Orders refer to requests a Buyer can make for receiving a Customized Offer from a Seller.

Disputes refer to disagreements between a Buyer and Seller on DataSmart Services in connection with a Job.

DataSmart Services Balance is the aggregated amount of your Fees as a Seller and/or returned payments from cancelled orders as a Buyer.

DataSmart Services Credits are credits that DataSmartmay provide users to be used only for purchases DataSmart Services subject to these Terms of Service or any other applicable laws and/or terms.

Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.

Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.​

Page is where the Seller can describe their Job and the terms, and the Buyer can purchase the Job and create an order.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.

Jobs are services offered on datasmart.in that are created by the Buyers or Sellers.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.

Fees is the money that Sellers earn from completed orders and can withdraw or use on DataSmart Services, as per these Terms of Service.

Sellers are users who offer and perform services through Jobs or through the Logo Maker on datasmart.in

Users refer to either Buyer or Seller, or both, as the context may require.  

User Account

Each User must register on datasmart.in before using the platform. At the time of registration, email ID and phone number should be provided. The account should be protected by a strong alphanumeric password.

This account will be the primary mode of correspondence on DataSmart Services. The User will receive regular communication regarding the Order or a Jobs on the email address they have registered with.

The User is solely responsible for, maintaining the security of their account on the Website and its content. In case of any unauthorized access or security breaches, the User must immediately notify DataSmart Services. DataSmart shall have no liability for any acts or omissions by the User, including damages of any kind incurred as a result of the acts or omissions of a User.

General Terms

Only registered users can create Jobs or purchase Jobs on datasmart.in

Registration is free.

Jobs on DataSmart Services may be offered at a base starting price of  INR 500. Some Jobs are offered at a base price of more than INR 500, as per the discretion of the Seller.

Buyers pay DataSmart Services in advance to create a Job. Orders are purchased through the Order button found on a Seller’s Job page or through a Customised Offer.

Sellers have an obligation to fulfil their orders accepted by them and may not cancel orders on a regular basis or without cause. Cancelling orders will adversely affect Sellers’ reputation and status.

Sellers are entitled to various Levels based on their performance and reputation. Advanced levels provide the Sellers with benefits, including offering services for higher prices through Job Extras, or selling multiple Jobs.

Other than receiving payments through the Website, no other payment method can be used by Buyers or Sellers.

When purchasing a job, unless otherwise specified by the Seller on their Job page, Buyers shall retain all rights in relation to the work,. For certain Jobs, Sellers may charge separately (through Job Extras) for Commercial Use License.

DataSmart Services reserves the exclusive right to use the Jobs or any information about the Jobs for marketing and promotional purposes.

In addition to these Terms of Service, as updated from time to time, Users undertake to comply with DataSmart Services Community Standards that set out behavioural guidelines.

SELLERS
Sellers create Jobs on DataSmart Services to allow Buyers to purchase their services.
Sellers may also offer Customised Offers to Buyers in addition to their Jobs.

Each Job that is successfully completed, makes you eligible to receive a net revenue of 85% of the Fees.

DataSmart Services accredits Sellers once an order is completed. If the order is cancelled for any reason, the money will be revered to the Buyer’s DataSmart Services Balance.

You can only withdraw the amounts from the Fee Page  14 days after the order is marked as complete.

Sellers are prohibited from promoting their Jobs or any DataSmart Services content via the Google Ads platform or any similar advertising platform.

DataSmart Services offers certain withdrawal options that can be used for withdrawing the amounts
based on the order reviews posted by Buyers. The Sellers are provided ratings. High ratings allow Sellers to obtain advanced Seller levels. In case of exceedingly low ratings, the Seller’s account may be suspended.

If  DataSmart Services suspects any  fraudulent or illicit activity or if an improper behaviour reported by Buyers, or  the Seller is associated with multiple DataSmart Services accounts to a single withdrawal provider, DataSmart Services may temporarily disable a Seller’s ability to withdraw revenue.

Sellers have the sole obligation of paying any direct or indirect taxes, including GST, as per applicable law. The price shown on the Job page or on the Logo Maker order page is inclusive of all  taxes and charges that may apply to the Sellers.

DataSmart Services will act as the Seller’s payment collection agent solely for the purpose of accepting payments  from Buyer, and remitting such payments to Seller.

Once the Seller receives the payment by DataSmart Services, the Buyer’s payment obligation to Seller will be satisfied. DataSmart Services (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service.

In case I DataSmart Services does not remit any such amounts to Seller, the 
Seller will have recourse only against DataSmart Services and no action can be initiated against the Buyer directly.

Seller acknowledges and agrees that DataSmart Services may describe or reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers as per the sole discretion of DataSmart Services

It is the Sellers’ responsibility to obtain a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Jobs and/or users may be removed by DataSmart Services from the Website for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

• Illegal or Fraudulent Jobs
• Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of services
• Adult oriented services, Pornographic, Inappropriate/Obscene
  Intentional copies of Jobs
• Spam, nonsense, or violent or deceptive Jobs
• Jobs misleading to Buyers or others
• Reselling of regulated or banned or prohibited goods
• Jobs related to preparing academic assignments behalf of Buyers
• Jobs that extend beyond 30 days of service duration
• Jobs that are considered to be of inferior or exceptionally low quality by DataSmart Services
• Promoting DataSmart Services and/or DataSmart Services Jobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects the reputation of DataSmart Services in its sole discretion.

If Jobs that are removed on account of the violations above, it may result in the suspension of the Seller’s account.

These Jobs cannot be restored or edited. They may be also removed from search option on DataSmart Services on account of performing poorly and/or User misconduct. DataSmart Services allows pre-approved URLs to be included in the Jobs. However, Jobs that intend to promote any specific website in violation of these Terms of Services and/or our Community Standards will be removed.

Every Job should have an  image  or samples related to the service offered. Sellers can also upload additional Job images or samples and must deliver the same quality of service. If the quality of service doesn’t match the description or the samples on a continuous basis, it may result in the Seller’s account losing its status or becoming permanently disabled.

Jobs may contain an approved Job Video uploaded through the various Job management tools available on DataSmart Services. However, everything mentioned on the Job page should be in compliance with these Terms of Service.

DataSmart Services also allows certain  Jobs in select categories to set up Job Packages. These packages allow the Sellers to provide services in structured formats with various price points for the selected Job.
Please note that certain categories are only restricted to the Pro Sellers and creating a Job for those categories if you are not a Pro Seller result in suspension of your account.

Job Extras

Job Extras are additional services offered over and above the Seller’s Job. The Buyer can avail Job Extras by making additional payments.

Please note that all Job Extras should be in compliance with these Terms of Service.

The number of  Job Extras that can be provided as well as the price will depend on the Seller Level.  

However, the Job Extras should be related to the primary service offered by the Seller for the Order. Job Extras may cover different categories of services that are components to a higher quality delivered service. Sellers can also extend the duration of an Order for each Job Extra that is added to the Order

Sellers who achieve great customer satisfaction, maintain high quality and ratings, will get an edge over others in receiving statuses, special opportunities, benefits, and tools from DataSmart Services.

Advancement in Levels

We use an automated system for advancing Sellers to the next level. The upgradation is done periodically. At present, these are the levels a Seller can be categorised in:

First Level

Pro Level

If a Seller cannot maintain high quality service, or do not stick to the deadlines, or receive low ratings, they run the risk of losing their account status along with the benefits. For example, late deliveries, or frequent cancellations by the Seller can result in Seller getting demoted to a different level.  

Customised Offer

Sellers have the option to send Customised Offers to meet the specific requirement of a Buyer
Customised Offers will be defined by the Seller and shall include the exact description of the service, the commercials and the delivery schedule.

Customised Offers can be sent only through DataSmart Services portal and should be in compliance with the Terms of Service and/or our Community Standards.

Project Milestones:

Customised Offers above Rs.5000 can be broken down into three project milestones.

Each milestone must be paid and delivered separately in accordance with each Customised Offer’s description and timelines.

DataSmart Services will mark a milestone as complete upon delivery by the Seller and acceptance by the Buyer.

Once a milestone is delivered, Buyers may choose to either continue with the Order or pay for the next milestone, or to stop the Order. If the Buyer stops the Order, the current delivered milestone will not be cancelled.

If there is no acceptance or request for modification submitted within 8 days after the work was delivered, the milestone will be marked as Complete.  If there is no further communication, all further milestones will be cancelled.

All communication between the Seller and the Buyer should be completed through DataSmart Services. Both parties are strongly discouraged from sharing contact details with each other. Should you choose to communicate outside the Website or in violation of these Terms of Service, DataSmart Services shall not be liable in case of any disputes.

Withdrawing Fees

The Buyer shall bear the fees for availing the services of a Seller along with the applicable taxes.

You may have to pay additional fees for withdrawal depending on the withdrawal method. .
Withdrawals are irreversible. In certain cases, Sellers may withdraw Fees in Indian Rupees.

BUYERS
Buyers are prohibited from offering any direct payments to Sellers outside of the DataSmart Services platform. If you are asked to use  an alternative payment method, please report it immediately to support@datasmart.in

Buyers can use a Post a Request feature for ordering a specific service in compliance with these Terms of Service. This feature should not be used for any other purpose.

Buyers are eligible to request a Customised Order and receive a Customised Offer from Sellers through the DataSmart Services platform.

The following payment methods are supported on I DataSmart Services Credit Card, PayPal, DataSmart Services Credits or existing DataSmart Services Balance. For queries regarding any additional payment method, please reach out to us at support@datasmart.in

DataSmart Services will also add service fees are added at the time of purchase by the  Buyer that are used for meeting administrative expenditures. As on date, the service fees 10% of the payment made by the Buyer.

Your existing DataSmart Services Balance will be automatically applied to your next purchase.

Local Currencies

Buyers have the option to transact on DataSmart Services in different currencies. Unless stated otherwise, all transactions are charged as per the currency displayed on the payment page. In the event certain currencies are not supported by certain payment methods, the charges will be in INR and the actual amount will be disclosed to you before you complete the payment. Non-INR prices are subject to exchange rate fluctuations and include conversion fees. As a Buyer, you can always pay in USD by selecting that as an option.

In case you pay for an Order in a currency other than INR and if the Order was later cancelled for any reason, the amount reversed to your DataSmart Services Balance would be decided as per the prevailing exchange rate on the day of reversal.

The value of DataSmart Services Balance is always in INR, even though it is displayed in a non-INR currency. Therefore, it is subject to exchange rate fluctuation. You can change the currency displayed to check the DataSmart Services Balance in your local currency.

Taxes
Buyers are liable to discharge tax obligations, both direct and indirect including GST,  depending on their residency, location and any applicable law. The amount of tax payable is in addition to the payment for the Order and shall be displayed to the Buyer prior to payment.

Buyers have the sole obligation to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. For abundant caution, it is clarified that all prices and fees that appear on the Website are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS
Upon the confirmation of payment, the Order will be created and both Buyer and Seller will receive a unique order ID. The Seller has the obligation to deliver the completed work through the Deliver Work button .

Sellers should not abuse the Deliver Work button to violate the Order guidelines and/or the Terms of Service. If the Seller uses the “Deliver Work” button but does not fulfil the Order, it  may result in a cancellation of that Order after review, adversely affect the Seller’s rating and result in a stern warning to Seller.

An Order is Complete as per the system only once marked  Delivered and then accepted by a Buyer. However, the Order is marked as Complete automatically if it is not accepted and no request for modification is submitted within 3 days after the Order was marked Delivered.

In case of any disputes or misunderstandings between the Buyers and Sellers, we strongly encourage having a transparent communication to resolve the matter. If you are unable to resolve the issue, please refer to Dispute Resolution, or if you encounter non-permitted usage on the Website, you can drop us an email at support@datasmart.in.

Handling Orders

When a Buyer orders a Job, the Seller receives an email on the registered email ID and also receives  notifications on the Website while logged into the account.

Sellers must adhere to the delivery timelines they specified when creating their Jobs. Otherwise, the Buyer can exercise the right to cancel the Order when an Order is marked as late. This can adversely impact the Seller’s rating and status.

Users are responsible for using a strong anti-virus software program to scan all the files exchanged. DataSmart Services has no liability for any damages that may occur due to site usage, use of content or files transferred.

If the Buyer requires any changes to the work delivered or the work is not as per the requirements specified by the Buyer to the Seller or does not match the description provided by the Seller on the Job page, it can use the “Request Revisions” feature located on the Order Page. The Order should be marked delivered to use this feature.

Reviews
Feedback reviews from Buyers for completed Orders are an essential part of DataSmart Services rating system. Buyers are encouraged to provide their feedback to the Seller.  However, leaving a feedback on the Website is up to the discretion of the Buyer. Feedbacks will not be removed unless it is in violation of our Terms of Service [and/or our Community Standards].

Feedback given by Buyers are publicly displayed on a Seller’s Job page.

Fake reviews are strongly discouraged and DataSmart Services reserves the sole right to take any action against such Buyers or Sellers who encourage fake reviews, including permanent suspension of the account.  

Sellers are strongly discouraged to withhold the delivery of the completed Job in order to receive favourable reviews or additional work from the Buyer. DataSmart Services reserves the right to take strict action against such offenders.

Responding and posting a review: Once work is delivered, the Buyer can post review for the Order within 10 days after an Order is marked as complete.
Sellers shall not request the removal of feedback or reviews from their Buyers through mutual cancellations.

Dispute Resolution

we strongly encourage having a transparent communication to resolve the matter. If you are unable to resolve the issue, you can file a request about the dispute with DataSmart Services by dropping us an email at support@datasmart.in Please note that filing a transaction dispute or reversing a payment  will be in violation of these Terms of Service and result in temporary or permanent suspension of the account on DataSmart Services

DataSmart Services will also not be responsible for reversing any payments on account of such dispute.

User Conduct and Protection

DataSmart Services wants to emerge as a platform where top-notch services are provided by the Sellers to benefit the Buyers. In this regard, it is imperative for all Users:

• To not upload, post, e-mail, transmit or otherwise make available: (i) any information or material that infringes upon a third party right including intellectual property rights; (B) any third party advertisements; (C) any software viruses, or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law;
• To respect each other’s privacy and not harass or stalk or make any unwanted advances;
• To be respectful of each other’s time and strict to the timelines for delivering the work;

To not breach this Agreement or any other instructions issued by DataSmart Services through this Website.

In case a User feels threatened or faces any other issue with respect to safety or privacy, please drop us an email at support@datasmart.in

We are committed to protecting your privacy. For more details on how we protect your personal information, please refer to our Privacy Policy.

We strongly discourage Users to communicate other than through the mechanism available on the Website. DataSmart Services has no liability to provide any protection to those Users who interact outside the Website.

Using abusive, violent language or language for harassing a  group or an individual in a targeted manner may result in suspension/removal of your account.

DataSmart Services is open to everyone regardless of sex, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
Users should not solicit  Buyers through DataSmart Services to contract, engage with, or pay outside of DataSmart Services

Orders
Users who want to defame competing Sellers by ordering from competing services  will face consequences ranging from removal of feedback, demotion of account status etc. Actions will be reviewed by our team at DataSmart Services

Users are advised to not spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Chargeback amounts

In case of any issues with the Payment chargeback, DataSmart Services will review the dispute on  behalf of Sellers. We keep the best interests of the Seller in mind while resolving disputes. If allowed, DataSmart Services will return part or full revenue back to the Seller. Otherwise the chargeback amount shall be borne by the Seller.

Jobs in violation of  Terms of Service

In case any User notices any Jobs in violation of the Terms of Service, the same can be reported to support@datasmart.in

Sellers warrant that all the content included in their Jobs as well as the delivered work shall be original work undertaken by the Sellers and shall not infringe any third party rights, including, any intellectual property rights.

If any music or stock-footage media is included within the Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Jobs.

Reporting Violations

If a User notices any content that may violate our Terms of Service [and/or our Community Standards], please report it to us at support@datasmart.in

Violations

In case of any violations by the Users of the Terms of Service  or if any misconduct is reported by any other User, a warning will be sent to such User and will be displayed for such user on the Website. Warnings may result in the Seller losing statutes or being permanently banned from the Website depending upon the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography

Inappropriate Behaviour & Language – Communication on DataSmart Services should be friendly, constructive, and professional. Any incidents of bullying, harassment, and hate speech towards others will be subject to strict action.

Phishing and Spam –Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited.

Privacy & Identity – You are prohibited from posting personal information of another User. All information exchanged between the Users should pertain to the Job or Order and must be done through the Website. Users who choose to communicate off DataSmart Services will not be protected by the Terms of Service.

Authentic DataSmart Services Profile Your profile information, including your description, skills, location, etc should be accurate and complete. It should not be misleading in any manner. DataSmart Services reserves the right to require Users to go through a verification process in order to use the Website (whether by using ID, phone, camera, etc.). However, your profile can stay as anonymous.

Intellectual Property Claims – DataSmart Services shall respond to complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You shall not use DataSmart Services for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – One User can only create one account. If we come across multiple accounts associated with the same User to gain competitive advantage, mislead other Users, or violate Terms of Service, we shall immediately disable all such accounts and permanently suspend such Users.

Targeted Abuse – Any targeted abuse or harassment towards other Users on DataSmart Services will result in strict warning, and /or suspension.

Selling Accounts – You are prohibited from buying or selling DataSmart Services accounts.

Feedback Rights

To the extent that you provide DataSmart Services with any comments, suggestions or other feedback regarding the DataSmart Services platform or the Website as a whole, as well as other DataSmart Services products or services (collective, the “Feedback”), you will be deemed to have granted DataSmart Services an exclusive, royalty-free, perpetual, irrevocable, worldwide ownership rights in the feedback. However, DataSmart Services is under no obligation to implement any Feedback it may receive from users.

Confidentiality
Buyers may need to disclose certain confidential information to the Sellers for the purpose of completing the Job. The Sellers agree to treat any information received from Buyers as highly confidential and agree to not disclose any such information to any third party and only use it for the purpose of fulfilling the Order. The Seller also agrees to not copy or reproduce any of the information without the Buyer’s permission.

General Terms

DataSmart Services reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of or due to any illegal or inappropriate use of the Website or services.
If your account is disabled, you will not be able to use DataSmart Services. In case of any concerns, please contact our customer support team at support@datasmart.in

Users should enable the account security features to protect their account from any unauthorized usage.
Users should be able to authenticate their account to DataSmart Services by providing materials that prove ownership of that account.

If the account is disabled, a Seller will be able to withdraw the revenues after a safety period of 90 days and only upon a complete verification of ownership of the account in question to the satisfaction of DataSmart Services

In case of any disputes, please contact us at support@datasmart.in

User Generated Content

All content uploaded to DataSmart Services by the Users qualifies as  user generated content. DataSmart Services does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. If you suspect any violation of third party rights or intellectual property rights, please contact us at support@datasmart.in

DataSmart Services is not responsible for the content, quality or the level of service provided by the Sellers . We provide no warranty with respect to the Jobs, their delivery, any communications between Buyers and Sellers. The Buyers should check the ratings and the feedback of a Seller before creating an Order.

Sellers should comply with applicable laws and Terms of Service to advertise themselves on the Website. Failing to do so may result in removal of the Job  as applicable, and may lead to the suspension of Seller’s account.

Ownership
Ownership and limitations: Unless otherwise mentioned, on the Seller’s Job description, all the intellectual property rights in relation to a Job, including but not limited to, copyrights for the work delivered from the Seller lies with the Buyer. The Seller shall waive all moral rights in relation to the Job.  The Seller shall also sign any necessary documents and otherwise assist the Buyer in securing, maintaining and defending copyrights or other rights to protect the intellectual property rights.

It is further clarified that the transfer and assignment of intellectual property to the Buyer is subject to the full payment received from the Buyer. If the payment is cancelled or not made, there is no transfer of intellectual property to the Buyer.

Further, in case of some Jobs where the end use is for a commercial purpose in connection with a business or any other venture intended for generating profits, the Buyer may need to pay the Seller additional fees, structured as Job Extras, to obtain a Commercial Use License.

The intellectual property rights with respect to any Job description, photos, videos, usernames, and other information uploaded by the Buyer or the Seller lies with DataSmart Services and can be used for marketing and/or other purposes without the payment of any consideration.

DataSmart Services is the sole owner of all the intellectual property rights including the copyright, trademarks, database and patents, software, graphics, content and other materials used there in videos, audio, content and all other elements of the Website. Unless explicitly permitted by DataSmart Services no one has the right to download, distribute, sell, lease, modify or access any materials or content from the Website to any third party.

Refunds, Revisions and Cancellation

DataSmart Services reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Website.

All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s DataSmart Services Balance.
Revisions to deliveries can be performed by Sellers based on the Seller’s Job and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
If the Buyer wants more services from the Seller beyond the agreed revisions through the Request Revisions option,  the same shall not be permitted. The Buyer will need to create a fresh Order for a Job.

Requests for cancelling any Order will be reviewed by our customer support team. We take into account various factors including any violations of our Terms of Service [and/or our Community Standards], general misconduct, and improper usage of the Website.

Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our customer support team, up to 14 days after the Oder (or Milestone) is marked as complete. Partial cancellation of the Order is not permitted.

In case of extraordinary circumstances, we may cancel an Order after 14 days from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s DataSmart Services Balance and will be deducted from the Seller’s DataSmart Services Balance. In case of insufficiency of funds, the amounts shall be adjusted from the future earning of the Seller.

If the Order was completed by the Seller as per the requirements on the Job page, then the Buyer does not have any right to cancel the order on the basis of quality of service or materials delivered by the Seller. Specific concerns about the work can be raised to our customer support team  at support@datasmart.in

In the event of any non-permitted usage of DataSmart Services encountered during an Order, the order may be cancelled subject to a review by our customer support team. This includes harassment, unlawful behaviour, or other violations of the Terms of Service.

After the Buyer submits their requirements but before the Seller delivers the Order:

• If the Seller is late and unresponsive for more than 24 hours while the Order is marked as late;
  User is abused through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
• Supply or use of material that infringes on third party rights; and
  The User is no longer an active due to violation of Terms of Service or closure of their account.

Delivered Orders but before the Order is marked as complete:

The Seller uses the Delivery system but does not deliver the work;

• The Seller does not deliver as per agreed requirements. This will be determined by our customer support team;
• The Seller asks for additional payments, through the Website or outside it and withholds the delivery of the work for the same;
• The Seller withholding the final delivery of services for better ratings;
  Buyers who abuse the Request Revisions button to avail more services from Sellers beyond the agreed requirements;
• Buyers who threaten to leave a negative review to gain more services from the Seller not in compliance with the agreed requirements.

Completed Orders (after the Order is marked as complete and before the 14 day limitation)

• Use of any infringing materials after verification and with proof;
• Buyers who failed to purchase commercial use rights and are reported to have used the materials commercially. For the Terms of Commercial Use, please refer to the Seller’s Job Page . This cannot be included after the order is completed for over 14 days;

These cases will be specifically reviewed before cancelling the Order and issuing a refund.  Further, the amounts are not reversed to the original payment method but returned as Buyer’s DataSmart Services Balance and are available for future purchases on DataSmart Services

Direct deposits to the original payment method can be allowed but such requests need to be reviewed by our customer support team To prevent fraud and abuse, we limit the total amount of times users use this option. This option to get a refund may be subject to an additional fee.

Miscellaneous

If a Buyer  wants to assign a Job to a Seller in relation to  Spirituality, Astrology, Lifestyle or health, any opinion, response, advice, suggestion, prediction, information and/or other service provided by any such Seller shall not be validated by DataSmart Services

The Buyer hereby releases and agrees to hold harmless DataSmart Services and its affiliated companies and the directors, officers, employees, agents, successors, Sellers, consultants, assigns etc. of any of the foregoing, from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician, astrologer, attorney or any other Seller in a field that requires a license to practice or any certification received through the Sellers on DataSmart Services

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER DATASMART SERVICES NOR ANY PERSON ASSOCIATED WITH DATASMART SERVICES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DATASMART SERVICES ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, DATASMART SERVICES AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.