Smartbox Terms of Service

Last Updated: 1st January, 2016

THE FOLLOWING TERMS OF USE GOVERN YOUR USE OF www.smartbox.in. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF ANY), TO ALL OF THE TERMS OF USE PROVIDED BELOW.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000, AND THE RULES THERE UNDER, AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

SMARTBOX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS OF USE AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF www.smartbox.in WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS OF USE PROVIDED THROUGHOUT www.smartbox.in GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH www.smartbox.in.

For the purpose of these Terms of Use, wherever the context so requires "You", “Your” or "User" shall mean any natural or legal person who uses the Website.Smartbox allows the User to surf the Website or use its services without registering on www.smartbox.in (the “Website”). The term "We", "Us", "Our" shall mean Smartbox.

If you do not agree to be bound or cannot comply with any of the Terms of Use, please do not continue.

The Privacy Policy available here www.smartbox.in/privacypolicy.html shall govern all usage of any Personal Information and/or Sensitive Personal Data or Information that may be gathered under or pursuant to these Terms of Use by Smartbox.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Smartbox policies (including but not limited to Privacy Policy available as stated above) as amended from time to time. The Privacy Policy shall form an integral part of these Terms of Use and shall be construed to be a part of the same.

The terms and conditions of use of the Website are as follows:

1. Use of the Website

The Websiteis provided solely for the use of current and potential Smartbox customers to interact with Smartbox and may not be used by any other person or entity, or for any other purpose.

The use of the Website shall be subject to the following restrictions:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. belongs to another person and to which You do not have any right;
    2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. is misleading in any way;
    4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    5. harasses or advocates harassment of another person;
    6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number or rights of publicity;
    9. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music and/or other copyrighted material or links to pirated music files and/or other copyrighted material;
    10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    13. contains video, photographs, or images of another person (with a minor or an adult);
    14. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    15. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout these Terms of Use, Smartbox's prior written consent means a communication coming from Smartbox's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    16. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
    17. interferes with another User's use and enjoyment of the Website or any other individual User’s enjoyment of similar services;
    18. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
    19. harms minors in any way;
    20. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or is or could be fraudulent or involves the sale of counterfeit or stolen products;
    21. violates any law for the time being in force;
    22. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is offensive or menacing in nature;
    23. impersonates another person;
    24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
    25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    26. is false, inaccurate or misleading;
    27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    28. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers.
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content on the Website (“Content”), or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Ourright to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Smartbox, www.smartbox.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Smartbox or the sellers from whom the purchase is made by You or otherwise tarnish or dilute any of Smartbox's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Smartbox's systems or networks, or any systems or networks connected to Smartbox.
  6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction that may be being conducted on the Website at any time, or with any other person's use of the Website.
  7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  8. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smartbox and / or others.
  9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations.

2. Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other modes of communication, electronic or otherwise.

3. Disclaimer

Smartbox shall not be responsible and/or liable in any manner whatsoever for any network problem, breakdown of machinery, unclear network or disruption in the network. Any dispute in connection to the above shall be settled between the subscribers/User(s) and the telecom/mobile operator directly, without involving Smartbox. In case of any telecom and /or network failure and/or technical failure in launching and/or activating and/or operating the Website or in accessing any services provided by Smartbox for any reasons whatsoever, Smartbox reserves the right to at its sole discretion to take any action deemed appropriate by Smartbox including the right to change the Website and/or cease the subscription process, in any manner it may deem fit and necessary. In addition Smartbox shall not be liable and/or responsible in any manner whatsoever in the event of any malfunction/fault/failure in the mechanism/system due to technical/technological restrictions and/or due to reasons/events/incidents beyond the control of Smartbox and the User(s) shall hold Smartbox and its employees, officers or any other person in relation to the Website or services provided by Smartbox harmless with respect to the same.

You acknowledge that Your access to the Website/services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. Smartbox will endeavour to limit the frequency and duration of any such suspension or restriction.

4. No Warranty

SMARTBOX MAKES NO WARRANTY THAT YOUR USE OF THE WEBSITE/SERVICES PROVIDED BY SMARTBOX WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE SAME WILL BE CORRECTED, THAT THE WEBSITE OR SMARTBOX SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE WEBSITE OR SMARTBOX SERVICES OR THIRD PARTY SERVICES (INCLUDING, BUT NOT LIMITED TO, THROUGH USER CONTENT OR THIRD PARTY ADVERTISEMENTS) WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. UNDER NO CIRCUMSTANCES WILL SMARTBOX BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE WEBSITE AND/OR THE PRODUCTS/SERVICES THAT MAY BE MADE AVAILABLE BY SMARTBOX INLCUDING THROUGH THE WEBSITE, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE WEBSITE AND/OR SMARTBOX SERVICES, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE FOREGOING, ANY USER CONTENT, ANY THIRD PARTY ADVERTISEMENT OR THIRD PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE WEBSITE AND/OR SMARTBOX SERVICES, OR THE CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. YOUR USE OF USER CONTENT, THIRD PARTY ADVERTISEMENTS, THIRD PARTY SERVICES AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND/OR SMARTBOX SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE WEBSITE.

Your use of this Website and/or Smartbox services is at your risk. This Website, Smartbox services and any Content, information, materials, provided on or through this Website are provided "as is" without any warranties of any kind including non-infringement of intellectual property. Neither Smartbox Ecommerce Solutions Pvt. Ltd. nor any of their respective affiliates makes any representations or warranties (whether express or implied), with respect to the accuracy or completeness of this Website or the information, Content, materials, products or services provided by Smartbox including on or through this Website. The information, materials and services provided may be out of date, and neither Smartbox nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. Except as otherwise provided under applicable laws, neither Smartbox nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of Smartbox services, this Website or any other web site linked to this Website. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages You or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Smartbox is notified in advance of the potential for any such damages.

To the fullest extent permitted by applicable law, Smartbox expressly disclaims any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied for a course of performance or course of dealing. Smartbox, its affiliates and licensors make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Website or systems. No information obtained via the Smartbox systems or Website shall create any warranty not expressly stated by Smartbox in these Terms of Use. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms of Use are fair and reasonable.

In case you are unsatisfied with the services of Smartbox, you may contact the customer care team at info@smartbox.in with your complaints/ feedback.

LIMITATION: YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF SMARTBOX’S ACTS OR OMISSIONS OR YOUR USE OF THE WEBSITE/SERVICES OF SMARTBOX ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WEBSITE AND/OR SMARTBOX SERVICES. THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMARTBOX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

5. Relationship

Each User(s) hereby acknowledges and agrees that the relationship between the User(s) and Smartbox and their/its affiliated companies is not a confidential, fiduciary, or other special relationship.

6. Personal/User Information

All personal information provided to Smartbox by Users/visitors to these web pages is considered to be confidential and will not be disclosed by Smartbox to any third party except as may be required for the provision of the services.

If in the event, Smartbox requires any additional details from You,You shall promptly furnish such information.The User hereby grants a non-exclusive, perpetual, worldwide, sub-licensable right to Smartbox to use the information of the User received by Smartbox (“User Information”) in relation to all modes and mediums required for the purposes of providing any of the services made available by Smartbox. The provisions of Section 19(4) of the Indian Copyright Act, 1957 shall not apply to these Terms of Use.

Smartbox reserves the absolute right and discretion to reject any “User Information” or any part thereof at any stage, if Smartbox receives any notice or complaint relating to the User Information not being compliant with the Terms of Use including alleged infringement of any law or any rights including rights in any form of intellectual property of any third party.

Smartbox will be free to use and act on any information you submit.

7. Termination of Use

Smartbox may discontinue, suspend or modify the Website or its services at any time without notice, and Smartbox may block, terminate or suspend Your and any User's access to the Websiteor its services at any time for any reason in its sole discretion, even if access continues to be allowed to others.

8. Intellectual Property

All rights in all material and Content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) as well as all products available on the Website are owned by Us or our licensors. You may use the Website solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide.

You agree that you are permitted to use this material and/or Content only as set out in these Terms of Use or as otherwise expressly authorised in writing by Us or Our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or Content or use it for commercial purposes, without Our prior written consent. You may not offer for sale or distribute over any medium, any part of the Website or any of its Content or products available on the Website.

We are the owner and/or authorised user of all trade marks, trade names, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Website and/or the products/services that may be made available via the Website or by Smartbox, unless otherwise expressly indicated. Use of the Website does not grant you any right, title, interest or license to any such intellectual property that may be available on the Website or related to the services of Smartbox. Any use or reproduction of such intellectual property is strictly prohibited. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, service mark or logo displayed on this Website or any other intellectual property without Our prior written permission or the prior written permission of such other third party that may own the trade mark, service mark or logo displayed on this Website. Your use of the trade marks, service marks or logos displayed on this Website, except as provided herein, is strictly prohibited.

9. Limitation of Liability

To the extent permitted by law, in no event shall Smartbox, its affiliates or licensors or any third parties mentioned on the Website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website and Smartbox systems, services, Content or information whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not Smartbox is advised of the possibility of such damages. Without limiting the foregoing, to the extent permitted by applicable law, you agree that in no event shall Smartbox's total liability for any damages or loss (direct or otherwise) regardless of the form of action or claim, whether in contract, tort or otherwise, exceed INR 100. To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

10. Indemnity

You agree to defend, indemnify and hold harmless Smartbox, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, damages (i) arising out of Your breach of any of these Terms of Use, and (ii) any of Your activities conducted in connection with this site.We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without Our prior written approval. We reserve the right, at Our own expense and on notice to You, to assume exclusive defense and control of any such claim or action.

11. Links to other web sites

There are links on the Website that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Smartbox. Smartbox makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

Smartbox has not tested and makes no representations regarding the correctness, performance or quality of any products/servicesfound at any such sites. You should research and assess the risks which may be involved in accessing and using any product/serviceson the Internet before using it.

12. Use of interactive features on this site

For your convenience, Smartbox may provide interactive features on this site, such as access to tracking and User comments. You are authorized to use these features solely for the purposes permitted herein and for no other purposes.

13. Accuracy of this site

The Website and related web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at Smartbox’s discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. The Internet is maintained independently at multiple sites around the world and some of the information accessed through web pages including the Website may originate outside of Smartbox. Smartbox excludes any obligation or responsibility for this content.

14. Viruses

Smartbox makes all reasonable attempts to exclude viruses from this Website and other related pages, but it cannot ensure this exclusion and no liability is accepted for viruses. Please take all appropriate safeguards before downloading information from the Website.

15. Controlling Law and Severability

This Agreement and Your use of the Website is governed by and construed in accordance with the laws of India without regard to its conflict of law provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.

Subject to Clause 16 below, any cause of action with respect to the Website or this Agreement must be instituted within one year after the claim or cause of action has risen and must be brought in a court of competent jurisdiction in New Delhi, Indiaor else such claim or action shall be barred. This Agreement may not be changed or modified without the written consent of Smartbox.

16. Disputes

In the event of any fault, misunderstanding or dispute concerning any part of the Website, the services that may be made available by Smartbox and/or the Content, the decision of Smartbox shall be final.

By using the Website, each User acknowledges and agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Website, the products/services that may be made available on the Website or by Smartbox or the Content, shall be resolved individually, without resort to any form of class action; and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and associated with utilizing the Website and services available via the Website or made available by Smartbox (if any), notwithstanding the foregoing, under no circumstances will Smartbox and/or affiliated entities be liable for any consequential, indirect, special punitive, or incidental damages or lost profits, whether direct or indirect, arising in any way whether in contract, tort (including negligence) or otherwise.

17. Waiver and Survival

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Smartbox’s failure to assert any right or provision hereunder shall not constitute a waiver of such right or provision.

All sections/clauses that may be reasonably interpreted to or are intended to survive, will survive expiration or termination.

Contact Us:

Smartbox wants your feedback and appreciates your concerns but is unable to answer every comment individually.If You have any questions, grievances or complaints about the Use of Your information or if you wish to delete or modify your information, You may contact Mr. Deepak Bhasin at deepak@smartbox.in who is the Grievance Officer for the purposes of these Terms of Use. Any communication which is not marked as such shall not be treated as a valid and binding communication for the purposes of these Terms of Use and applicable laws with respect to these Terms of Use.