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.
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:
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.
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.
In case you are unsatisfied with the services of Smartbox, you may contact the customer care team at firstname.lastname@example.org 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.
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.
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.
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
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.
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.
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.