SMARTHELINGHAND TERMS OF USE
This document is an electronic record in
terms of Information Technology Act, 2000 and 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.
This document is published in accordance
with the provisions of Rule 3 (1) of the Information Technology (Intermediaries
guidelines) Rules, 2011 that require publishing the rules and regulations,
privacy policy and Terms of Use for access or usage of www.smarthelpinghand.com website.
The Website is provided as a service to
user and is intended to allow users to browse and order products and other
goods or services ("Products") offered for sale on the Website ("Services").
smarthelpinghand
reserves the right to delete, modify, or supplement the content of the Website
at any time for any reason without prior notification, and will use reasonable
efforts to include up-to-date and accurate information on the Website.
TERMS AND CONDITIONS
smarthelpinghand is the licensed owner of the website
www.smarthelpinghand.com. As a visitor to the Site/ Customer you are advised to please read the
Term & Conditions carefully. By accessing the services provided by the Site
you agree to the terms provided in this Terms & Conditions document.
PERSONAL
INFORMATION
As part of the registration process on the Site, collect the
following personally identifiable information about you:
Name including first and last name, alternate email address,
mobile phone number and contact details, Postal code, Demographic profile (like
your age, gender, occupation, education, address etc.) and information about
the pages on the site you visit/access, the links you click on the site, the
number of times you access the page and any such browsing information.
ELIGIBILITY
Services of the Site would be available to only select
geographies in India. Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including un-discharged
insolvents etc. are not eligible to use the Site. If you are a minor i.e. under
the age of 18 years but at least 13 years of age you may use the Site only
under the supervision of a parent or legal guardian who agrees to be bound by
these Terms of Use. If your age is below 18 years your parents or legal
guardians can transact on behalf of you if they are registered users. You are
prohibited from purchasing any material which is for adult consumption and the
sale of which to minors is prohibited
ACCOUNT
& REGISTRATION OBLIGATION
All shoppers have to register and login for placing orders on
the Site. You have to keep your account and registration details current and
correct for communications related to your purchases from the site. By agreeing
to the terms and conditions, the shopper agrees to receive promotional
communication and newsletters upon registration. The customer can opt out
either by unsubscribing in "My Account" or by contacting the customer
service.
PRICING
All the products listed on the Site will be sold at MRP
unless otherwise specified. The prices mentioned at the time of ordering will
be the prices charged on the date of the delivery. Although prices of most of
the products do not fluctuate on a daily basis but some of the commodities and
fresh food prices do change on a daily basis. In case the prices are higher or
lower on the date of delivery not additional charges will be collected or
refunded as the case may be at the time of the delivery of the order.
CANCELLATION
BY SITE/CUSTOMER
You as a customer can cancel your order anytime up to the
cut-off time of the slot for which you have placed an order by calling our
customer service. In such a case we will refund any payments already made by
you for the order. If we suspect any fraudulent transaction by any customer or
any transaction which defies the terms & conditions of using the website,
we at our sole discretion could cancel such orders. We will maintain a negative
list of all fraudulent transactions and customers and would deny access to them
or cancel any orders placed by them.
RETURN
& REFUND
We have a "no questions asked return and refund
policy" which entitles all our members to return the product at the time
of delivery if due to some reason they are not satisfied with the quality or
freshness of the product. We will take the returned product back with us and
issue a credit note for the value of the return products which will be credited
to your account on the Site. This can be used to pay your subsequent shopping
bills.
YOU
AGREE AND CONFIRM
That
in the event that a non-delivery occurs on account of a mistake by you (i.e.
wrong name or address or any other wrong information) any extra cost incurred
by smarthelpinghand
for
redelivery shall be claimed from you.
That
you will use the services provided by the Site, its affiliates, consultants and
contracted companies, for lawful purposes only and comply with all applicable
laws and regulations while using and transacting on the Site.
You
will provide authentic and true information in all instances where such
information is requested of you. smarthelpinghand
reserves
the right to confirm and validate the information and other details provided by
you at any point of time. If upon confirmation your details are found not to be
true (wholly or partly), it has the right in its sole discretion to reject the
registration and debar you from using the Services and / or other affiliated
websites without prior intimation whatsoever.
You
authorise smarthelpinghand
to contact you for any transactional purposes
related to your order/account.
That
you are accessing the services available on this Site and transacting at your
sole risk and are using your best and prudent judgment before entering into any
transaction through this Site.
That
the address at which delivery of the product ordered by you is to be made will
be correct and proper in all respects.
That
before placing an order you will check the product description carefully. By
placing an order for a product you agree to be bound by the conditions of sale
included in the item's description.
You
may not use the Site for any of the following purposes:
§ Disseminating any
unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable material.
§ Transmitting material
that encourages conduct that constitutes a criminal offence or results in civil
liability or otherwise breaches any relevant laws, regulations or code of
practice.
§ Gaining unauthorized
access to other computer systems.
§ Interfering with any
other person's use or enjoyment of the Site.
§ Breaching any
applicable laws;
§ Interfering or
disrupting networks or web sites connected to the Site.
§ Making, transmitting
or storing electronic copies of materials protected by copyright without the
permission of the owner.
MODIFICATION
OF TERMS & CONDITIONS OF SERVICE
smarthelpinghand
may at any time modify the Terms &
Conditions of Use of the Website without any prior notification to you. You can
access the latest version of these Terms & Conditions at any given time on
the Site. You should regularly review the Terms & Conditions on the Site.
In the event the modified Terms & Conditions is not acceptable to you, you
should discontinue using the Service. However, if you continue to use the
Service you shall be deemed to have agreed to accept and abide by the modified
Terms & Conditions of Use of this Site.
GOVERNING
LAW AND JURISDICTION
This
User Agreement shall be construed in accordance with the applicable laws of
India. The Courts at Bangalore shall have exclusive jurisdiction in any
proceedings arising out of this agreement. Any dispute or difference either in
interpretation or otherwise, of any terms of this User Agreement between the
parties hereto, the same shall be referred to an independent arbitrator who
will be appointed by smarthelpinghand
and
his decision shall be final and binding on the parties hereto. The above
arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The arbitration shall be held in Bangalore.
The High Court of judicature at Bangalore alone shall have the jurisdiction and
the Laws of India shall apply.
REVIEWS,
FEEDBACK, SUBMISSIONS
All
reviews, comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to the Site on or by this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, the "Comments") shall be and remain the property
of smarthelpinghand. Such disclosure,
submission or offer of any Comments shall constitute an assignment to smarthelpinghand of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the Comments. Thus, smarthelpinghand owns exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. smarthelpinghand
will be entitled to use, reproduce, disclose,
modify, adapt, create derivative works from, publish, display and distribute
any Comments you submit for any purpose whatsoever, without restriction and
without compensating you in any way. smarthelpinghand
is and shall be under no obligation (A) to
maintain any Comments in confidence; (B) to pay you any compensation for any
Comments; or (C) to respond to any Comments. You agree that any Comments submitted
by you to the Site will not violate this policy or any right of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s), and will not cause injury to any person or entity. You further agree
that no Comments submitted by you to the Website will be or contain libelous or
otherwise unlawful, threatening, abusive or obscene material, or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam". Please note all reviews
submitted by customers are subject to checks and moderation by our content
Team. smarthelpinghand
reserves the rights to moderate as well as
publish/not publish the reviews. smarthelpinghand
reserves the rights to solicit or withhold
reviews and ratings with no liability. smarthelpinghand
reserve the right to accept, reject, moderate,
monitor & edit or remove any comment. You grant smarthelpinghand the right to use the name that you submit in
connection with any Comments. You agree not to use a false email address,
impersonate any person or entity, or otherwise mislead as to the origin of any
Comments you submit. You are and shall remain solely responsible for the
content of any Comments you make, and you agree to indemnify smarthelpinghand and its affiliates for all claims resulting
from any Comments you submit. smarthelpinghand
and its affiliates take no responsibility and
assume no liability for any Comments submitted by you or any third party.
COPYRIGHT
& TRADEMARK
smarthelpinghand
its suppliers and licensors expressly reserve
all intellectual property rights in all text, programs, products, processes,
technology, content and other materials, which appear on this Site. Access to
this Website does not confer and shall not be considered as conferring upon
anyone any license under any of smarthelpinghand
or any third party's intellectual property
rights. All rights, including copyright, in this website are owned by or
licensed to smarthelpinghand. Any use of this
website or its contents, including copying or storing it or them in whole or
part, other than for your own personal, non-commercial use is prohibited
without the permission of smarthelpinghand. You may not modify,
distribute or re-post anything on this website for any purpose.The names and
logos and all related product and service names, design marks and slogans are
the trademarks or service marks of smarthelpinghand, its affiliates, its
partners or its suppliers. All other marks are the property of their respective
companies. No trademark or service mark license is granted in connection with
the materials contained on this Site. Access to this Site does not authorize
anyone to use any name, logo or mark in any manner. References on this Site to
any names, marks, products or services of third parties or hypertext links to
third party sites or information are provided solely as a convenience to you
and do not in any way constitute or imply smarthelpinghand
or
smarthelpinghand
endorsement,
sponsorship or recommendation of the third party, information, product or
service. smarthelpinghand
is not responsible for the content of any
third party sites and does not make any representations regarding the content
or accuracy of material on such sites. If you decide to link to any such third
party websites, you do so entirely at your own risk. All materials, including
images, text, illustrations, designs, icons, photographs, programs, music clips
or downloads, video clips and written and other materials that are part of this
Website (collectively, the "Contents") are intended solely for
personal, non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Website for your personal use only. No
right, title or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in any
way, in whole or in part, any of the Contents, the Website or any related
software. All software used on this Website is the property of smarthelpinghand or its licensees and suppliers and
protected by Indian and international copyright laws. The Contents and software
on this Website may be used only as a shopping resource. Any other use,
including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Website is
strictly prohibited. Unless otherwise noted, all Contents are copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled or
licensed by smarthelpinghand, one of its
affiliates or by third parties who have licensed their materials to smarthelpinghand and are protected by Indian and
international copyright laws. The compilation (meaning the collection,
arrangement, and assembly) of all Contents on this Website is the exclusive
property of smarthelpinghand
and
is also protected by Indian and international copyright laws.
OBJECTIONABLE
MATERIAL
You
understand that by using this Site or any services provided on the Site, you
may encounter Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as such. You agree to
use the Site and any service at your sole risk and that to the fullest extent
permitted under applicable law, smarthelpinghand
and
its affiliates shall have no liability to you for Content that may be deemed
offensive, indecent, or objectionable to you.
INDEMNITY
You
agree to defend, indemnify and hold harmless smarthelpinghand, its employees,
directors, officers, agents and their successors and assigns from and against
any and all claims, liabilities, damages, losses, costs and expenses, including
attorney's fees, caused by or arising out of claims based upon your actions or
inactions, which may result in any loss or liability to smarthelpinghand or any third party including but not
limited to breach of any warranties, representations or undertakings or in
relation to the non-fulfilment of any of your obligations under this User
Agreement or arising out of the your violation of any applicable laws,
regulations including but not limited to Intellectual Property Rights, payment
of statutory dues and taxes, claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and infringement of
intellectual property or other rights. This clause shall survive the expiry or
termination of this User Agreement.