Installer Directory Terms

1. Scope and Application

These Installer Directory Terms ("Directory Terms") govern the installer directory published at smartify.in/installers and all listing pages within it (the "Directory"). The Directory is operated by AutoDeus Technologies Private Limited (CIN: U72900GJ2016PTC093498), trading as Smartify ("Smartify", "we", "us", "our").

These Directory Terms apply to:

• any business, firm, or individual that is the subject of a listing in the Directory (a "Listed Business"), whether or not that listing has been claimed;
• any person who claims, manages, or submits information in respect of a listing; and
• any visitor who browses or uses the Directory.

These Directory Terms are supplemental to, and are to be read together with, our Terms and Conditions and Privacy Policy. Where these Directory Terms conflict with the general Terms and Conditions in relation to the Directory, these Directory Terms prevail.

2. Nature of the Directory

2.1 The Directory is free and unpaid

Listings in the Directory are, and have always been, provided free of charge. Smartify does not charge, invoice, or accept any money, consideration, benefit, or reciprocal obligation of any kind from any Listed Business in respect of its inclusion, position, ranking, presentation, prominence, or continued presence in the Directory. There is no paid placement, no sponsored ranking, no promoted listing, and no advertising inventory in the Directory.

2.2 No contract arises from a listing

Because no consideration passes between Smartify and any Listed Business in respect of a listing, the presence of a listing in the Directory does not create, and shall not be construed as creating, a contract, agreement, partnership, joint venture, agency, franchise, distributorship, employment relationship, or any other legal relationship between Smartify and the Listed Business under the Indian Contract Act, 1872 or otherwise.

No Listed Business acquires by virtue of a listing any right, entitlement, interest, expectation, or claim — whether legal, equitable, contractual, promissory, or otherwise — to be included in the Directory, to remain in the Directory, to any particular position or presentation within the Directory, or to be restored to the Directory following removal.

2.3 No endorsement, no verification, no recommendation

A listing is a factual index entry. It is not:

• an endorsement, certification, accreditation, approval, or recommendation of the Listed Business by Smartify;
• a representation or warranty by Smartify as to the Listed Business's competence, licensing, registration, workmanship, solvency, safety record, pricing, conduct, or fitness for any purpose;
• a representation that Smartify has audited, inspected, vetted, or verified the Listed Business or any information about it; or
• a statement that the Listed Business is an authorised dealer, partner, reseller, franchisee, or affiliate of Smartify.

Visitors who engage a Listed Business do so entirely at their own risk and on their own independent assessment. Any contract, dispute, payment, warranty, or liability arising from such an engagement is solely between the visitor and that Listed Business, and Smartify is not a party to it.

2.4 Not a comparative or evaluative ranking

The order in which listings appear is generated automatically and does not express any opinion, comparison, judgement, or evaluation by Smartify as to the relative merit, quality, or standing of any Listed Business. Absence from the Directory is not, and must not be represented as, any statement by Smartify about a business.

3. Sources of Listing Information

Directory listings are compiled from information that is already publicly available and published by or on behalf of the business itself, including business profiles that businesses have voluntarily published on public search and mapping platforms, business websites, and other publicly accessible sources. Typical listing fields include business name, locality, address, publicly published telephone number, website, service categories, and publicly displayed aggregate rating and review counts.

All such information is third-party information. It is reproduced as an index of publicly available business contact information and is attributed to its source where reasonably practicable. Smartify:

• does not independently verify the accuracy, currency, or completeness of information obtained from public sources;
• makes no representation or warranty, express or implied, as to that information; and
• does not adopt that information as its own statement about the Listed Business.

Aggregate ratings and review counts, where displayed, are figures published by the relevant third-party platform. They are not Smartify's assessment, are not solicited or moderated by Smartify, and may be out of date. Where a Listed Business considers any listed information to be inaccurate, outdated, or wrongly attributed, the correction and removal mechanisms in Clause 5 are available immediately, free of charge.

4. Intermediary Status

In respect of third-party information hosted in the Directory, Smartify acts as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000, and claims the protection of Section 79 of that Act read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Smartify does not initiate the underlying publication of the business information it indexes, does not select the receiver of that information, and does not modify the substance of that information beyond formatting it for display. Smartify observes due diligence and operates the grievance mechanism set out in Clause 8, and acts expeditiously on receipt of a valid complaint or a lawful order.

5. Correction and Removal of a Listing

5.1 Self-service removal — free and unconditional

Any Listed Business may have its listing removed from the Directory at any time, free of charge, by verifying ownership of the business at smartify.in/installers/remove. No reason need be given, no justification is required, and no legal notice is necessary. Removal requests submitted through this mechanism are honoured.

5.2 Correction requests

A Listed Business that wishes to correct listed information, rather than be removed, may write to the Grievance Officer at the address in Clause 8 identifying the specific field and the correct value. We will correct, or remove, the affected information.

5.3 Effect of removal

Removal is intended to be permanent. A removed listing is recorded so that it is not reinstated by any subsequent data refresh or automated import, and the listing URL is retired. A Listed Business that has been removed may not thereafter demand reinstatement, and Smartify is under no obligation to reinstate it.

5.4 Removal does not admit anything

Smartify may remove or decline to publish any listing, in whole or in part, at any time. Removal of a listing, whether at request or at Smartify's own initiative, is a neutral editorial act. It is not an admission of liability, wrongdoing, inaccuracy, infringement, or of the validity of any claim or demand, and shall not be pleaded, cited, or represented as such in any proceeding or communication.

6. Inclusion and Removal at Sole Discretion

Inclusion in the Directory is at Smartify's sole and absolute editorial discretion. Smartify may, at any time, without prior notice, without assigning any reason, and without liability of any kind:

• decline to include any business in the Directory;
• modify, restructure, reduce, relocate, unpublish, suspend, or delete any listing or category of listings;
• alter the coverage, cities, fields, ordering, or presentation of the Directory;
• discontinue the Directory in whole or in part; and
• decline to reinstate any listing previously removed.

Smartify is under no obligation to disclose to any Listed Business, or to any third party, the reasons for any editorial decision concerning a listing, and does not do so. The absence of a stated reason is not evidence of any reason. Editorial decisions concerning the Directory are not open to appeal.

7. Claimed Listings

A Listed Business may claim its listing free of charge in order to manage the information displayed. Claiming a listing does not alter Clauses 2.1, 2.2, or 6 in any respect: a claimed listing remains free, remains non-contractual, and remains removable at Smartify's discretion.

Where a Listed Business submits content (including text, images, logos, service descriptions, pricing, or offers) for display in its listing, it represents and warrants that it owns or is licensed to use that content, and grants Smartify a non-exclusive, royalty-free, worldwide licence to host, reproduce, resize, and display that content in the Directory for as long as the listing is published. That licence terminates on removal of the listing. The Listed Business remains solely responsible for the accuracy and lawfulness of content it submits, including compliance with the Consumer Protection Act, 2019 and applicable advertising standards.

Verification of a claim confirms only that the claimant demonstrated control of a published business contact channel. It is not a verification of the business's credentials, licensing, or quality, and any badge indicating a claimed or verified listing must not be represented as a Smartify endorsement, certification, or partnership.

8. Grievance Redressal and Communications

In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, complaints concerning the Directory may be addressed to:

All communications concerning a listing must be made in writing to the address above. This is the sole and exclusive channel for correspondence relating to the Directory. Communications directed to other Smartify email addresses, telephone numbers, messaging accounts, social media accounts, staff members, offices, customers, suppliers, or business associates are not a valid means of service and will be redirected to the Grievance Officer without substantive response.

A complaint should identify the specific listing URL, the specific information objected to, the specific relief sought, and the complainant's authority to act for the business concerned. Smartify does not discuss individual listing decisions with third parties, including by telephone.

9. Conduct

Given that removal under Clause 5.1 is free, immediate, unconditional, and requires no explanation, no Listed Business has any legitimate need to escalate a listing concern beyond the mechanism in Clause 8.

Accordingly, no person may, in connection with a listing:

• abuse, threaten, intimidate, harass, or repeatedly contact Smartify's personnel, whether in person, by telephone, or through messaging or social media;
• attend Smartify's premises without appointment in relation to a listing dispute;
• contact Smartify's customers, suppliers, employees, or business associates in relation to a listing dispute;
• make or publish false statements about Smartify, including any statement that a listing was paid for, solicited, sold, or offered for sale, or that removal was an admission of wrongdoing; or
• send communications designed to cause alarm, distress, or inconvenience rather than to obtain the relief available under Clauses 5 and 8.

Smartify records all correspondence concerning the Directory, including the date and content of removal requests and the date removal was effected. Smartify reserves all rights and remedies available to it in respect of conduct falling within this Clause 9, including under the Bharatiya Nyaya Sanhita, 2023 and in civil proceedings, and reserves the right to produce its records in any forum.

10. Limitation of Liability

To the fullest extent permitted by applicable law, and given that the Directory is provided free of charge and without consideration:

• Smartify shall have no liability whatsoever to any Listed Business arising out of or in connection with the inclusion, non-inclusion, content, presentation, ordering, modification, suspension, or removal of any listing;
• without limiting the foregoing, Smartify shall not be liable for any loss of business, loss of profits, loss of enquiries, loss of goodwill, loss of ranking or search visibility, reputational loss, or any indirect, incidental, special, consequential, exemplary, or punitive damages, however arising;
• Smartify shall not be liable for the acts, omissions, statements, workmanship, or conduct of any Listed Business, or for any transaction between a visitor and a Listed Business; and
• Smartify's aggregate liability to any Listed Business under or in connection with the Directory shall in any event not exceed INR 1,000 (Rupees One Thousand only).

Nothing in these Directory Terms excludes or limits any liability that cannot lawfully be excluded or limited.

11. Indemnity

Each Listed Business that claims or manages a listing agrees to indemnify, defend, and hold harmless Smartify, its directors, officers, employees, and agents against all claims, demands, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from (a) content it submits for display, (b) its dealings with any visitor introduced through the Directory, (c) its breach of these Directory Terms, or (d) any misrepresentation by it of its relationship with Smartify.

12. Intellectual Property and Takedown

Smartify respects intellectual property rights. Where any rights holder considers that material displayed in a listing infringes its rights, it may notify the Grievance Officer under Clause 8, identifying the material, the listing URL, the right asserted, and the basis of the claim. Smartify operates a notice-and-takedown practice and will act expeditiously to remove or disable access to material that is the subject of a valid notice, without requiring the notifier to establish its claim and without any admission under Clause 5.4.

The Smartify name, logo, and the design, layout, compilation, and arrangement of the Directory are the intellectual property of AutoDeus Technologies Private Limited, protected under the Copyright Act, 1957 and the Trade Marks Act, 1999. No Listed Business may use Smartify's name or marks so as to suggest an endorsement, partnership, authorisation, or affiliation that does not exist.

13. Waiver, Severability, and Entire Terms

No failure or delay by Smartify in exercising any right under these Directory Terms operates as a waiver of that right. If any provision of these Directory Terms is held invalid, illegal, or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.

These Directory Terms, together with the Terms and Conditions and Privacy Policy, constitute the entire terms on which the Directory is provided, and supersede any prior representation, understanding, or arrangement concerning the Directory.

14. Changes to These Directory Terms

Smartify may update these Directory Terms at any time. Changes take effect when published on this page, and the "Last updated" date above indicates when they were last revised. Continued presence of a listing following publication of revised Directory Terms is governed by the revised terms; a Listed Business that does not accept them may remove its listing under Clause 5.1 at any time.

15. Governing Law and Jurisdiction

These Directory Terms and any dispute or claim arising out of or in connection with them or the Directory (including non-contractual disputes or claims) are governed by the laws of India. The courts at Ahmedabad, Gujarat shall have exclusive jurisdiction.

Before commencing any proceeding in relation to a listing, the complainant must first exhaust the mechanisms in Clauses 5 and 8, which are available free of charge and provide the complete relief of removal. A party that commences proceedings without having used those mechanisms may be required to bear the costs occasioned by that failure.