Terms of Service Agreement

Last Updated: June 12, 2020

Thank you for using the Smartlabz.pro website and associated content (hereinafter “Website”), which is owned, operated, or licensed by TakshaTech Private Limited. Taksha Smart Labz provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Use Agreement (hereinafter “Agreement”).

This Website is intended to provide educational services and information to parents for the educational benefit of students. This Website is not intended for children under 16 to use without direct parental supervision. No one under 16 may use the website without the consent of their parent or legal guardian.

By using the Website, you manifest your assent and agree to be bound by this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Taksha Smart Labz reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. In the event Taksha Smart Labz replaces, modifies, or amends this Agreement, the Last Updated date, located at the top of this Agreement, will change. Your continued use of the Website after a change in the Last Updated date above will constitute your manifestation of assent to and agreement with any replacement, modification, or amendment herein.

A. User Warranties

By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

B. Limited License

You acknowledge and agree that the Website is the property of or is licensed by Taksha Smart Labz and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Taksha Smart Labz reserves all of rights not expressly granted through this Agreement.

Taksha Smart Labz provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.

C. Acceptable Use Policy

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website.

D. Copyright Policy

The Website and its associated content and services are © 2020 TakshaTech Private Limited.

If you believe that a user of the Website has infringed upon your copyright rights, you may provide us a notice of copyright infringement that complies with § 512 of the Digital Millennium Copyright Act.

Upon receipt of a notice that complies with this section, we will make a good faith attempt to notify the owner or uploader of the allegedly infringing content so that they can respond with a counter-notification.

This notice of copyright infringement must contain the following:

  • The physical or electronic signature of a person authorized to act on behalf of the copyright owner
  • Identification of the copyrighted work(s) alleged to have been infringed
  • The location of the copyrighted work(s) on the Website
    Your contact information, such as an address, telephone, fax number, or email address
  • A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

If you are a Website user who believes that content subject to a notice of copyright infringement is not infringing, you may submit a counter-notification. This counter-notification must contain the following:

  • Identification of the specific materials that have been removed from the Website
  • Your contact information, such as an address, telephone, fax number, or email address
  • A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification
  • A statement that you consent to the jurisdiction of the federal district court in which your address is located or in which we are located
  • A statement that you will accept service of process from the notifying party
  • Your physical or electronic signature

Notifications of copyright infringement and counter-notifications must be submitted to us at info@smartlabz.pro.

E. Payment

Payment for all service orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Taksha Smart Labz is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Taksha Smart Labz’s payment processor. You agree that you will not initiate any chargebacks to Taksha Smart Labz unless otherwise authorized by Taksha Smart Labz in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Taksha Smart Labz. All sales are final and payments are non-refundable.

F. Services Availability

While Taksha Smart Labz strives provide regular access to sufficient tutoring capability, it is possible high volume or specific services may be unavailable at the time of your order. If this is the case, Taksha Smart Labz will contact you in a reasonable time frame to advise you of the issue. You understand and agree that the availability of a service displayed through the Website does not guarantee that the service will be available at a certain date or time.

G. User Accounts

Taksha Smart Labz may provide you with the ability to create a user account, which may provide you with the ability to view special pricing, view order status, and see recently viewed and purchased services through the Website (hereinafter “User Account”).

You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. Taksha Smart Labz will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide Taksha Smart Labz with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to Taksha Smart Labz, you acknowledge and agree that Taksha Smart Labz may use your personal information to contact you.

Taksha Smart Labz reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.

When using a User Account, you warrant and agree that, on behalf of yourself and your past, present, and future agents, servants, employees, representatives, and attorneys, you will hold the terms of all Taksha Smart Labz pricing and services confidential and will refrain from distributing Taksha Smart Labz’s pricing lists to any third parties except: (a) as may be required pursuant to a court order or other lawful process; or (b) as may be required by applicable law (including tax laws and regulations). This confidentiality provision will not extend to any pricing or inventory information that is now or may in the future become generally available to the public through no improper action or inaction by Taksha Smart Labz or its affiliates, agents, consultants, or employees. You and Taksha Smart Labz acknowledge and agree that a violation of this confidentiality obligation would cause Taksha Smart Labz irreparable harm not compensable by monetary damages. Accordingly, in the event of an actual or threatened violation of your confidentiality obligations under this section, Taksha Smart Labz will be entitled to temporary, preliminary, and permanent injunctive relief, without the necessity of filing a bond. Additionally, in the event of your actual violation of these confidentiality obligations, Taksha Smart Labz will be entitled to recover against you: (a) actual monetary damages; and (b) in all events where liability is established, the reasonable attorneys’ fees and costs incurred in connection with establishing liability.

H. Third Party Links

You acknowledge and agree that the Website may contain links to third party websites or content that Taksha Smart Labz does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Taksha Smart Labz will not be responsible for websites not under the ownership or control of Taksha Smart Labz.

I. Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Taksha Smart Labz terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. Taksha Smart Labz reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

J. Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Taksha Smart Labz, including but not limited to TAKSHA SMART LABZ, are common law or registered trademarks owned by or licensed to Taksha Smart Labz. You are expressly prohibited from using the trademarks of Taksha Smart Labz to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Taksha Smart Labz in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

K. ADA Accessibility Policy

We are happy to accommodate users with special needs or requirements. Taksha Smart Labz is committed to providing its employees and the public, including persons with disabilities, with access to the Website and its related information and services. In designing the website, Taksha Smart Labz makes reasonable efforts to comply with the WCAG 2.0 Level AA web accessibility standards. The Website has been designed to reach the widest audience possible, but, if you have difficulty viewing the Website, using the Website, or performing any transaction through the Website, you are encouraged to contact Taksha Smart Labz at +1 732 200 1523.
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L. Disclaimer of Warranties and Limitation of Liability

Ou acknowledge and agree that the website and any purchased services or free demos are provided on an “as-is” basis and without warranty of any kind, including, but not limited to, warranties of title, merchantability, accuracy, fitness for a particular purpose, security, and non-infringement. Wherever permitted by law, you acknowledge that taksha smart labz will not be held responsible or liable for any claims, damages, judgments, charges, or fees arising out of or related to your use of or access to the website, including, but not limited to, compensatory damages, consequential damages, special damages, incidental damages, punitive damages, exemplary damages, costs, and attorneys’ fees, damages arising out of errors or omissions, and damages arising out of the unavailability of the website or downtime. You acknowledge that your use of the website is at your sole risk and that taksha smart labz’s liability is limited to the amount that you paid to use the website or $1000, whichever is less.

Taksha smart labz expressly disclaims any responsibility for any damage, injury, harm, cost, expense, or liability arising out of or related to your use or misuse of products purchased through the website. Except for the warranties specifically stated in this agreement, products purchased through the website are provided without express, implied, or statutory warranties, including, but not limited to, warranties of merchantability, fitness for a particular pupose, title, accuracy, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties. If you are located in such a jurisdiction, you are advised to seek legal advice to determine if this exclusion applies to you.

Taksha smart labz will not be liable to you under any legal theory, whether in warranty, contract, strict liability, tort, or negligence, for any damages, claims, injuries, judgments, costs, or liabilities of any kind arising out of or related to your use or misuse of products purchased through the website, including, but not limited to, personal injury, damage to property, loss of business, loss of income, special damages, incidental damages, consequential damages, punative damages, or exemplary damages, whether foreseeable or unforeseeable. You acknowledge that your use of products purchased through the website is at your sole risk and that taksha smart labz’s liability is limited to the amount that you paid for the products or $1000, whichever is less.

M. Indemnification

You agree to indemnify, defend, and hold harmless Taksha Smart Labz, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of services through the Website; (iii) your use or misuse of services obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Taksha Smart Labz will not provide you with the ability to control Taksha Smart Labz’s defense, and Taksha Smart Labz reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

N. Choice of Law and Stipulation to Jurisdiction

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with the laws of the State of Michigan. You, the User, hereby irrevocably submits to the exclusive jurisdiction of the courts located in Michigan to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Force Majeure

Taksha Smart Labz will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond Taksha Smart Labz’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, computer or technology outages or failures, severe weather, or other accidents.

O. Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, your User Account, or the Website, including, but not limited to, your duty to indemnify and defend Taksha Smart Labz.

P. Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

Q. Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

R. Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Taksha Smart Labz reserves the right to assign its rights and duties under this Agreement, including in a sale of Taksha Smart Labz or its Website.

S. Waiver, Privacy Policy, and Integration

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties. Taksha Smart Labz incorporates by reference its Privacy Policy as if fully stated herein.

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