Terms of Service
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Terms and Conditions
This document sets out the Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with SME HRStop in connection with the Service (collectively, “Terms”), govern your access to and use of SME HRStop (“SME HRStop”, “we” or “our”) websites, mobile apps, services, and applications (collectively, the “Service”). These Terms apply to all visitors, users and others who access or use the Service. Please read them carefully before using the Service. By accessing, browsing and/or using the SME HRStop, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Service and to comply with all applicable laws and regulations. If you are using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization, and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization. If you do not agree with these terms, please do not use this site. SME HRStop may update these Terms of Use from time to time, so please check back frequently. You acknowledge and agree that your continued use of SME HRStop or services after any such update signifies your acceptance of such modified Terms of Use.
Taxes, if any, will be charged separately.
In case of non payment of fees, the account will be suspended without notice.
In case the payment for the upcoming subscription is not paid within 10 days of the start of the upcoming subscription, the account along with all the data will be permanently deleted.
There is a minimum billing period associated with every plan.
SME HRStop reserves the right to change the prices / fee of the service without any notice.
This is a pre-paid service and there is no-refund policy.
You retain full ownership of your Content, but you hereby grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display and distribute any and all Content in connection with providing the Service to you and other users in accordance with your settings on the Service.
This license also includes the right to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You also extend these rights to the Third Party Services with whom we work to provide the Service.
All Content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will SME HRStop be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
We may use your name and logo on our website located at https://SME HRStop.com/ for the purpose of marketing the Service.
(A) you have given us permission to do so;
(B) we are required to by law or by valid legal process;
(C) we need to do so in order to provide you the Service; or
(D) one of the other exceptions described in the Terms or Privacy Policy applies. By using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to and processed by us and by third parties on our behalf.
(A) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
(B) may create a risk of any other loss or damage to any person or property;
(C) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(D) may constitute or contribute to a crime or tort;
(E) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
(F) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
(G) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
(H) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including, without limitation, any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions. We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(I) satisfy any applicable law, regulation, legal process or governmental request,
(J) enforce the Terms, including investigation of potential violations,
(K) detect, prevent, or otherwise address fraud, security or technical issues,
(L) respond to user support requests, or
(M) protect the rights, property or safety of SME HRStop, its users and the public. You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Service. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review content for compliance with our community guidelines, but you acknowledge that SME HRStop has no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with SME HRStop or a Third Party Service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. SME HRStop cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify SME HRStop immediately upon becoming aware of any breach of security or unauthorized use of your account.
We shall implement and maintain reasonable administrative, physical and technical safeguards that are designed to prevent any unauthorized use, access, processing, destruction, loss, alteration, or disclosure of any of your data (including any applicant or employee data furnished by you as may be held or accessed by us). And we shall notify you as soon as reasonably possible following discovery of any suspected breach or compromise of the security, confidentiality, or integrity of your data.
(A) was rightfully in your possession or known to you prior to receipt of the Confidential Information;
(B) is or has become public knowledge otherwise than through your fault;
(C) is rightfully obtained by you from a third party without breach of any confidentiality obligation;
(D) is independently developed by your employees whom had no access to such information; or
(E) is required to be disclosed pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the disclosing party). The terms of any agreement between you and SME HRStop shall be deemed confidential information of SME HRStop without any further marking or designation.
(A) your use of the Service (including any actions taken by a third party using your account), and
(B) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
SME HRStop will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service or Software.
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SME HRStop HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;
(B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO SME HRStop FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION, WHICH EVER IS LOWER.
The Service is controlled and operated from its facilities in India and other geographical locations and countries. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by the Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Any notice provided to SME HRStop hereunder shall be in writing to the notice address set forth above and shall be deemed given (during business hours): i) upon receipt, if by personal delivery; ii) upon receipt, if sent by certified or registered India Mail (return receipt requested); or iii) one (1) day after it is sent, if by next day delivery by a major commercial delivery service. Notices sent via email are deemed received at the time that the notices are sent.
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without our written permission, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
No supplement, modification, or amendment of these Terms shall be binding unless executed in writing by a duly authorized representative of each party. Neither SME HRStop nor Customer will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (for example, natural disaster or Internet disturbance).
SME HRStop may suspend performance under these Terms if:
(A) you are in material breach and fail to cure that breach within 30 days after the receipt of written notice or
(B) you cease business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days. Termination is not an exclusive remedy and the exercise of SME HRStop by any remedy under these Terms will be without prejudice to any other remedies it may have under these Terms, by law, or otherwise.
Nothing in this Section shall be deemed as preventing SME HRStop from seeking injunctive or other equitable relief from the courts as necessary to protect any of SME HRStop’s proprietary interests. Except as otherwise provided in these Terms, all remedies are cumulative and in addition to (not in lieu of) any other remedies available to a party at law or equity.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY USING THE SERVICE, YOU AND SME HRStop ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the Service is based in India; and these Terms are governed by the internal substantive laws of the Union of India, without respect to its conflict of laws principles.
The parties irrevocably agree that the courts of Delhi have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Parties agree that in the event of dispute arising out of or in connection with this agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by Supplier. The arbitration shall be held in Delhi in the English language.
Please contact us at info at SMEHRStop.com with any questions regarding these Terms.