THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN
ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER
INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED
PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS
AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT
REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER
AND BUYINGSMART.IN (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE
EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN
ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE
RELATIONSHIP BETWEEN USER AND BUYINGSMART.IN FOR THE USE OF THE WEBSITE
(DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE
WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES
GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE
PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR
ACCESS OR USAGE OF THE WEBSITE.
These Terms of Use of the website located at the URL www.buyingsmart.in
(a venture of Zeal Web Technologies) and mobile application under the name and
style "Buyingsmart.in" (the Website) is between Buyingsmart.in (hereinafter
referred to as "Buyingsmart.in" or "We" or "Us"
or "Our") and the guest users or registered users of the Website
(hereinafter referred to as "You" or "Your" or
"Yourself" or "User") describe the terms on which Buyingsmart.in
offers You access to the Website and such other services as are incidental and
ancillary thereto ("Services").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR
REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES
THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT
USE THE WEBSITE.
These Terms of Use available at https://www.buyingsmart.in/terms,
the Terms of Sale available at https://www.buyingsmart.in/page/terms-of-sale,
the Privacy Policy available at https://www.buyingsmart.in/page/privacy-policy,
the other policies of the Website available at www.buyingsmart.in under
"Policy Info" section or elsewhere on the Website, the Seller
Agreement available at sellers.buyingsmart.in (applicable if You are a seller
of the products on the Website) and any other terms which may apply to specific
Services ("Additional Service Terms") together with all other
notices, disclaimers, guidelines appearing on the Website from time to time
(collectively referred to as "Agreement(s)") constitute the entire
agreement upon which You are allowed to access and use the Website and avail
the Services.
If you are accessing the Buyingsmart.in mobile application or
accessing the Services through the Buyingsmart.in mobile application, then
while these Terms of Use will apply to such use, there may be additional terms
(such as the terms imposed by mobile application stores like Apple's iTunes,
Android's play store, Microsoft's store from time to time) which will govern
the use of the mobile application. These additional terms to the extent
applicable are hereby deemed to be incorporated in these Terms of Use by way of
reference.
1.
General
1.1
Buyingsmart.in is a company incorporated under the laws of
India, with its registered office at C/o SproutBox Suryavilas, Suite #181-TR4
First Floor, D-181, Okhla Industrial Area, Phase 1, New Delhi 110020, India and
having CIN U72300DL2007PTC168097. Buyingsmart.in is an intermediary in the form
of an online marketplace and is limited to managing the Website to enable
seller to exhibit, advertise, display, make available and offer to sell the
products and to enable buyer to purchase the products so offered
("Products"), and other incidental Services thereto
("Services") including use of the Website by any User.
1.2
These Terms of Use are subject to revision by Buyingsmart.in at
any time and hence the Users are requested to carefully read these Terms of Use
from time to time before using the Website. The revised Terms of Use shall be
made available on the Website. You are requested to regularly visit the Website
to view the most current Terms of Use. In the event such a facility is provided
on the Website, You can determine when Buyingsmart.in last modified any part of
the Agreement by referring to the "Last Updated" legend provided in
that document. It shall be Your responsibility to check these Terms of Use
periodically for changes. Buyingsmart.in may require You to provide Your direct
or indirect consent to any update in a specified manner before further use of
the Website and the Services. If no such separate consent is sought, Your
continued use of the Website and/or Services, following such changes, will
constitute Your acceptance of those changes.
1.3
If there is any conflict:
(i) between the Privacy Policy and any other Agreement, the Privacy Policy
shall take precedence' but only to the extent of the conflict;
(ii) between the Additional Service Terms and any other part of these Terms of
Use, the Additional Service Terms shall take precedence in relation to that
Service;
(iii) between the Seller Agreement and any other part of these Terms of Use,
the Seller Agreement shall take precedence but only to the extent of the
conflict;
(iv) between these Terms of Use and any other notices, disclaimers or
guidelines appearing on the Website, these Terms of Use shall take precedence
but only to the extent of the conflict.
2.
Services
2.1
The Website is an
electronic platform in the form of an electronic marketplace and an
intermediary that (a) provides a platform for Users (who are sellers) to
advertise, exhibit, make available and offer to sell various Products to other
Users (who are buyers / customers), and (b) a platform for such other Users to
accept the offer to sell of the Products made by the sellers on the Website and
to make payments to the sellers for purchase of the Products, and (c) services
to facilitate the engagement of buyers and sellers to under commerce on the
Website, and (d) such other services as are incidental and ancillary thereto.
The Services are offered to the Users through various modes which may include
issue of coupons and vouchers that can be redeemed for various Products.
3.
Eligibility to Use
3.1
The Services are not
available to minors under the age of eighteen (18) or to any Users suspended or
removed from the Buyingsmart.in system by Buyingsmart.in for any reason
whatsoever. If You are disqualified as per the preceding sentence, You shall
not be permitted to avail of the Services or use the Website. You represent
that You are of legal age to form a binding contract and are not a person
barred from receiving the Services under the laws as applicable in India.
Notwithstanding the foregoing, if You are below the age of eighteen (18) years,
please read through these Terms of Use with your parent or legal guardian, and
in such a case these Terms of Use shall be deemed to be a contract between Buyingsmart.in
and Your legal guardian or parent and to the extent permissible under
applicable laws, enforceable against You.
3.2
Buyingsmart.in
reserves the right to refuse access to use the Services offered at the Website
to new Users or to terminate access granted to existing Users at any time
without according any reasons for doing so.
3.3
You shall not have
more than one active Account (defined hereunder) on the Website. Additionally,
You are prohibited from selling, trading, or otherwise transferring Your
Account to another person.
4.
User Account, Password, and Security
4.1
You may access and use
the Website and the Services either as a registered user or as a guest user.
However, not all sections of the Website and Services will be accessible to
guest users.
4.2
Registered users: Buyingsmart.in
makes certain sections of the Services available to You through the Website
only if You have provided Buyingsmart.in certain required User information and
created an account and a Buyingsmart.in ID through certain log-in ID and
password ("Account"). You can create Your Account on the Website
through logging in by Your third party website user ID and password including
that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries,
Google Inc. or its subsidiaries, twitter or any other social media website or
any other Internet service as permitted on the Website (Buyingsmart.in ID
and/or other third party login identification as provided above are
individually and collectively referred to the "Account Information").
In the event You register as a User by creating an Account in order to avail of
the Services provided by the Website, You will be responsible for maintaining
the confidentiality and security of the Account Information, and are fully
responsible for all activities that occur under Your Account. You agree to (a)
immediately notify Buyingsmart.in of any unauthorized use of Your Account
Information or any other breach of security, and (b) ensure that You exit from
Your Account at the end of each session. Buyingsmart.in cannot and will not be
liable for any loss or damage arising from Your failure to comply with this
section. You may be held liable for losses incurred by Buyingsmart.in or any
other user of or visitor to the Website due to authorized or unauthorized use
of Your Account as a result of Your failure in keeping Your Account Information
secure and confidential.
You shall ensure that the Account Information provided by You in the Website's
registration form is complete, accurate and up-to-date. Use of another user's
Account Information for availing the Services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or
incomplete (or becomes untrue, inaccurate, not current or incomplete), or Buyingsmart.in
has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Buyingsmart.in has the right to suspend or terminate
Your Account and refuse any and all current or future use of the Website /
Services (or any portion thereof).
4.3
Guest users: The
Website also allows limited access to the Services for unregistered Users (also
called as 'guest users'). Such users will be able to browse the Website and use
the Services for the purpose of purchasing goods, and placing orders. However,
You will not be provided with access to certain benefits reserved only for the
purpose of registered users. These benefits may change from time to time.
4.4
Depending upon whether
You are a seller or a buyer or another user who otherwise wish to use the
Website, and the nature of Services You wish to avail from the Website, You may
be required to provide certain personal information and Buyingsmart.in may collect
certain personal information. Your provision of, and Buyingsmart.in's
collection, storage, use, disclosure and otherwise dealing of such personal
information shall be governed by Buyingsmart.in's privacy policy, which is
available at http://buyingsmart.in/privacypolicy ("Privacy Policy").
4.5
We work with Paxventure.com
for showing 3rd party ads.
5.
Payments related Information
5.1
Presently, Buyingsmart.in
does not levy any fee for browsing the Website or buying the Products on the
Website. Buyingsmart.in may charge Users certain fees for the use of the
Website and Services as a whole, or certain features of the Website / Services.
You agree to pay any such fees, as may be applicable to the Services that You
use. Buyingsmart.in will try to ensure that You are made aware of the
applicability of any fees for a particular use of the Website / Services, as
well as the amount of fees payable by You for any such use of the Website /
Service. You agree that Buyingsmart.in may, at any time, charge, modify or
waive fees required to use the Website. Your continued use of the Website /
Services after such change in the fees will be considered to be Your acceptance
of such changes, and the applicability of these Terms of Use to such changes.
5.2
You agree to provide
correct and accurate financial information, such as credit/debit card details
to the approved payment gateway or pre-paid payment instrument account details
or net banking or UPI account details for availing Services on the Website. You
shall not use the credit/debit card or pre-paid payment instrument or net
banking details or UPI ID which is not lawfully owned by You, i.e. in any
transaction, You must use Your own credit/debit card or pre-paid instrument
account or net banking account or UPI ID. The information provided by You will
not be utilized or shared with any third party unless required in relation to
fraud verifications or by law, regulation or court order or in accordance with
the terms of the Privacy Policy. You will be solely responsible for the
security and confidentiality of Your credit/debit card details or pre-paid
instrument account or net banking details or UPI ID. Buyingsmart.in expressly
disclaims all liabilities that may arise as a consequence of any unauthorized use
of Your credit/ debit card or pre-paid instrument account.
5.3
You agree to provide
correct and accurate financial information, such as credit/debit card details
to the approved payment gateway or pre-paid payment instrument account details
for availing Services on the Website. You shall not use the credit/debit card
or pre-paid payment instrument which is not lawfully owned by You, i.e. in any
transaction, You must use Your own credit/debit card or pre-paid instrument
account. The information provided by You will not be utilized or shared with
any third party unless required in relation to fraud verifications or by law,
regulation or court order or in accordance with the terms of the Privacy
Policy. You will be solely responsible for the security and confidentiality of
Your credit/debit card details or pre-paid instrument account. Buyingsmart.in
expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of Your credit/ debit card or pre-paid instrument account.
5.4
Buyingsmart.in may
have existing arrangements with its banks, regarding limits on the amounts You
can pay (if You are a buyer) or receive (if You are a seller) in the course of
a single transaction. Buyingsmart.in will work towards ensuring that You are
made aware of such limits if they may be applicable to You. However, Buyingsmart.in
shall be under no liability whatsoever in respect of any loss or damage arising
directly or indirectly out of the decline of authorization for any transaction,
on account of You/cardholder having exceeded the preset limit mutually agreed
by Buyingsmart.in with its bank from time to time.
5.5
For Your making
payments for buying the Products on the Website, in addition to the
Agreement(s), the terms and conditions of Your bank, applicable financial
institution and/or card issuing association may also be applicable to You. Your
bank, financial institution or card issuing association may decline or prevent
You from making electronic payments for buying the Products on Website and Buyingsmart.in
does not control the same and shall be liable for the same.
5.6
Payment Facility for
Your orders: Buyingsmart.in may from time to time contract with third party
payment service providers including banks to open nodal bank account under
applicable Indian laws, to facilitate the payment between Users i.e. buyers and
sellers and for collection of Buyingsmart.in's fees and other charges. These
third party payment service providers may include third party banking or credit
card payment gateways, payment aggregators, pre-paid instruments, cash on
delivery or demand draft / pay order on delivery service providers, mobile
payment service providers or through any facility as may be authorized by the
Reserve Bank of India for collection, refund and remittance, as the case may be
of payment or supporting the same in any manner. Buyingsmart.in shall initiate
the remittance of the payments made by Your for Your purchase orders on the
Website after the Products are delivered to You and the date of completion of
transaction shall be after the Products are delivered to You and such other
additional time as may be agreed between Buyingsmart.in and sellers.
6.
User Obligations And Role Of Buyingsmart.in
6.1
Subject to compliance
with the Agreement(s), Buyingsmart.in grants You a non-exclusive,
non-sub-licensable, non-transferable, revocable, and limited right to access
and use this Website and the Services provided therein.
6.2
You agree to use the
Services, Website and the Content (as defined herein) provided therein only for
purposes that are permitted by: (a) the Agreement(s) (including these Terms of
Use); and (b) any applicable law.
6.3
You agree to adhere to
all limitations on dissemination, use and reproduction of any materials (such
as the Product catalogues) that Your access on the Website in accordance with
clause 7.
6.4
You agree not to
access (or attempt to access) the Website or Services by any means other than
through the interfaces that are provided by Buyingsmart.in. You shall not use
any deep-link, 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 Content (as defined below), or in
any way reproduce or circumvent the navigational structure or presentation of
the Website, to obtain or attempt to obtain any materials, documents or
information through any means not specifically made available through the
Website.
6.5
If you believe that
any Content or User Content (as defined herein) or other content available on
the Website does not comply with the terms of the Agreement(s) or applicable
law, You may report such content in the manner prescribed under clause 14
herein.
6.6
The Website may allow
you to post certain content, data or information of Your own such as allowing
You to rate Products, seller, post your comments, and reviews in relation to
Products on specific pages of the Website, as well as submit any suggestions,
comments, questions or other information to Buyingsmart.in using the Website /
Services (collectively referred to "User Content"). You, being the
originator of the User Content, are responsible for the User Content that You
upload, post, publish, transmit or otherwise make available on the Website. You
represent that you have obtained all relevant consents and approvals in order
to post any User Content. You further represent that all such User Content will
be in accordance with applicable law. You acknowledge that Buyingsmart.in does
not endorse any User Content on the Website and is not responsible or liable
for any User Content. Buyingsmart.in reserve the right to disable access to the
User Content on the Website.
6.7
You hereby grant Buyingsmart.in
a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right
and license to use, copy, distribute, display, publish, transmit, make
available, reproduce, modify, adapt the User Content and create derivate works
of the User Content. You represent and warrant that You own or otherwise
control all of the rights to the User Content that You post or that You
otherwise provide on or through the Website; and that, as at the date that the
User Content is posted or submitted on the Website: (i) the User Content is
accurate; (ii) use of the User Content You supply does not breach these Terms
of Use; and (iii) that such User Content is lawful.
6.8
You agree, understand
and acknowledge that the Website is an electronic platform in the form of an
electronic marketplace and an intermediary that provides an electronic venue
where various Users may electronically meet and interact with each other to
engage in commerce and transact. You further agree and acknowledge that Buyingsmart.in
is only a facilitator and is not and cannot be a party to or control in any
manner any advertisement, exhibition, making available, offer to sell or
transactions of sale or purchase of Products on the Website. Buyingsmart.in is
not the seller of the Products. Accordingly, any contract for the sale /
purchase of Products on the Website is a bipartite contract between You and the
sellers (if You are a buyer) or You and the buyer (if You are a seller). Buyingsmart.in
neither recommends You to buy or sell any Products on the Website nor does Buyingsmart.in
endorses any such Products and nor does Buyingsmart.in provides any guarantee,
warranties or assurance with respect to the advertisement, exhibition, making
available, offer to sell or transactions of sale or purchase of Products on the
Website. Further, Buyingsmart.in does not guarantee, warranty or provide any
assurance on the behaviour of any User of the Website including any guarantee,
warranty or assurance that any User (whether buyer or seller) will complete any
transaction or act in a prudent manner.
6.9
When you use the Website and/or the Services You specifically
undertake not to host, display, upload, modify, publish, transmit, update or
share any information or Content that:
·
belongs to another
person and to which the User does not have any right to;
·
is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, pedophilic,
libelous, invasive of another's privacy, hateful, or racially, ethnical
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatsoever;
·
harms minors in any
way;
·
impersonate any person
or entity, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
·
threatens the unity,
integrity, defense, 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 of
any other nation;
·
infringes any patent,
trademark, copyright or other proprietary rights;
·
contain software viruses
or any other computer code, files or programs designed to interrupt destroy or
limit the functionality of any computer resource;
·
deceives or misleads
the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
·
engage in any activity
that interferes with or disrupts access to the Website or the Services (or the
servers and networks which are connected to the Website);
·
attempt to gain
unauthorized access to any portion or feature of the Website, any other systems
or networks connected to the Website, to any Buyingsmart.in server, or to any
of the Services offered on or through the Website, by hacking, password mining
or any other illegitimate means;
·
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, the Website, or any other
customer of Buyingsmart.in, including any Buyingsmart.in Account not owned by
You, to its source, or exploit the Website or Service or information made
available or offered by or through the Website, in any way whether or not the
purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided for by
the Website;
·
disrupt or interfere
with the security of, or otherwise cause harm to, the Website, systems
resources, accounts, passwords, servers or networks connected to or accessible
through the Websites or any affiliated or linked sites;
·
use the Website or
Content for any purpose that is unlawful or prohibited by the Agreement, or to
solicit the performance of any illegal activity or other activity which
infringes the rights of Buyingsmart.in or other third parties;
·
falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded;
·
violate any code of
conduct or other guidelines, which may be applicable for or to any particular
Service;
·
violate any applicable
laws or regulations for the time being in force within or outside India;
·
violate the terms of
the Agreement.
6.10
You agree that You are
solely responsible to Buyingsmart.in and to any third party for any breach of
Your obligations under these Terms of Use or other Agreements and for the
consequences (including any loss or damage which Buyingsmart.in or its
affiliates or its vendors may suffer) for any such breach.
6.11
Buyingsmart.in does
not pre-screen User Content. Buyingsmart.in has no obligation to monitor any
User Content. However, Buyingsmart.in at its discretion and/or in accordance
with applicable law may monitor any User Content and may remove any User
Content from the Website if Buyingsmart.in determines in its sole discretion
that such User Content is in violation of these Terms of Use or any applicable
law. Where Buyingsmart.in removes any User Content from the Website, Buyingsmart.in
will make reasonable efforts to inform the user who had posted such User
Content. Such actions do not in manner negate or dilute Buyingsmart.in's
position as an intermediary or impose any liability on Buyingsmart.in with
respect to User Content.
6.12
You shall solely be
responsible for maintaining the necessary computer / mobile equipment, internet
connections and other software and technologies that may be required to access,
use and transact on the Website. You may incur access or data fees from third
parties in connection with your purchase and/or use of the services. You are
responsible for all such fees.
6.13
You shall use this
Website, and any voucher/coupons purchased through it, for personal,
non-commercial use only and shall not re-sell the same to any other person.
6.14
You may need to
install updates that we or any third party introduce from time to time to use
the services, Products, Website including downloads and required functionality,
such as bug fixes, patches, enhanced functions, missing plug-ins and new
versions (collectively, "Updates"). Your use of the Products or
Website you have installed requires that you have agreed to receive such
automatically requested Updates.
6.15
Any purchase of the
Products from the Website will be strictly for personal use of the User. The
User hereby expressly agrees that any merchandize or Services purchased by the
User will not be sold, resold, bartered or in any way used for any commercial
purposes or for profit. The User hereby acknowledges that the Products
purchased are not transferrable to any third party for profit. Accordingly, Buyingsmart.in
reserves the right to cancel any orders that classify as 'Bulk Order' as
determined by Buyingsmart.in as per certain criteria. Any rewards or benefits
provided by Buyingsmart.in and used by You for placing the 'Bulk Order' will
not be refunded. An order can be classified as 'Bulk Order' if it meets certain
criteria adopted by Buyingsmart.in for the purpose of identifying 'Bulk Order',
including but not limited to:
a. Products ordered for commercial resale and not for self-consumption;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
6.16
There may be certain
orders that Buyingsmart.in is unable to process or pass on buyer's order to the
seller and must cancel. Some situations that may result in Buyingsmart.in's
inability to process or pass on buyer's order to the seller include, without
limitation, non- availability of the Website service, force majeure, credit
limitations or suspected fraud.
6.17
In case buyer
purchases multiple Products in one transaction, the Seller(s) may deliver all
such Products together. However, this may not always be possible. If buyer
purchases multiple Products in a single transaction, then all the Products
would be dispatched to a single delivery address provided by buyer at the time
of purchase. If buyer wishes to get delivery of the Products to different
addresses, then buyer should purchase the Products under separate transactions
and provide separate delivery addresses for each transaction, as may be
required. Buyer agrees that the delivery of the Products can be made to the
person who is present at the shipping address provided by You.
6.18
In certain cases,
where buyer requires certain services in relation to a Product, such as
warranty, after-sales or installation services, buyer shall directly contact
seller or the manufacturer. However, in the event, buyer contacts Buyingsmart.in
for the same, Buyingsmart.in may inform the seller to provide or facilitate the
provision of such services to the buyer. Buyingsmart.in is not and shall not be
obliged to provide any such additional services. Buyingsmart.in's role in
relation to facilitating such services shall be limited to facilitating
communication between buyer and the seller for the purpose of provision of such
additional services.
6.19
You represent and
warrant that (i) You are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
"terrorist supporting" country; and (ii) You are not listed on any
U.S. Government list of prohibited or restricted parties.
7.
Use of Content
7.1
Except as expressly indicated to the contrary in any applicable
Additional Service Terms, Buyingsmart.in hereby grants You a non-exclusive,
revocable and non-transferable right to view, download and print product
catalogues available on the Website, subject to the following conditions:
·
You may access and use
the product catalogues solely for personal, informational, and internal
purposes, in accordance with these Terms of Use;
·
You may not modify or
alter product catalogues available on the Website;
·
You may not distribute
or sell, rent, lease, license or otherwise make the product catalogues
available on the Website available to others; and
· You may not remove any text, copyright or
other proprietary notices contained in the product catalogues available on the
Website.
7.2
The rights granted to
You in the product catalogues or any other materials as specified above are not
applicable to the design, layout or look and feel of the Website. Such elements
of the Website are protected by intellectual property rights and may not be
copied or imitated in whole or in part.
7.3
Any software that is
available on the Website is the property of Buyingsmart.in or its vendors. You
may not use, download or install any software available at the Website, unless
otherwise expressly permitted by the Agreement or by the express written
permission of Buyingsmart.in.
8.
Intellectual Property
Rights
8.1
The Website and the
processes, and their selection and arrangement, including but not limited to
all text, graphics, user interfaces, visual interfaces, sounds and music (if
any), artwork and computer code (collectively, the "Content") on the
Website is owned and controlled by Buyingsmart.in or its licensors and the
design, structure, selection, coordination, expression, look and feel and
arrangement of such Content is protected by copyright, patent and trademark
laws, and various other intellectual property rights. Through Your use of the
Website, by no means are any rights impliedly or expressly granted to You in
respect of such Content. Buyingsmart.in reserves the right to change or modify
the Content from time to time at its sole discretion.
8.2
The trademarks, logos
and service marks displayed on the Website ("Marks") are the property
of Buyingsmart.in or their vendors/seller or respective third parties. You are
not permitted to use the Marks without the prior consent of Buyingsmart.in, the
vendor/seller or the third party that may own the Marks.
8.3
Unless otherwise
indicated or anything contained to the contrary or any proprietary material
owned by a third party and so expressly mentioned, Buyingsmart.in owns all
intellectual property rights to and into the trademark "Buyingsmart.in",
and the Website, including, without limitation, any and all rights, title and
interest in and to copyright, related rights, patents, utility models, designs,
know-how, trade secrets and inventions (patent pending), goodwill, source code,
meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4
Except as expressly
provided herein, You acknowledge and agree that You shall not copy, republish,
post, display, translate, transmit, reproduce or distribute any Content through
any medium without obtaining the necessary authorization from Buyingsmart.in or
thirty party owner of such Content.
9.
Third Party Content
9.1
General third party
information such as, product catalogues, product description and
specifications, lists of dealers, reports on news, entertainment, technology
and features, advertisements including videos, images and photographs of the
products, links to third party websites and other data from external sources is
made available on the Website ("Third Party Content"). The provision
of Third Party Content is for general informational purposes only. You
acknowledge that the Third Party Content provided to You is obtained from
sources believed to be reliable or provided by the sellers in the process of
advertising, exhibiting and offering to sell the Products on the Website. All
Third Party Content is provided on an 'As Is' basis. Buyingsmart.in may not own
/ have the rights and title to any such Third Party Content, or provide any
guarantee with respect to the accuracy, title, merchantability,
non-infringement or fitness for a particular purpose of any Third Party
Content. Buyingsmart.in shall not be held liable for any loss suffered by You
based on Your reliance on or use of such Third Party Content.
9.2
In the event any Third
Party Content contains links to third party websites, and You visit any such
external link, You agree to do so at your own risk, responsibility and
liability. Buyingsmart.in makes no warranty or representation regarding, and
does not endorse, any website linked to the Website / Services or the
information appearing thereon or any of the products or services described
thereon.
10.
Disclaimer Of
Warranties & Liability
10.1
THE WEBSITE, SERVICES,
CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY BUYINGSMART.IN
ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT
LIMITING THE FOREGOING, BUYINGSMART.IN MAKES NO WARRANTY THAT (I) THE WEBSITE
OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE,
ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET
YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES
WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM BUYINGSMART.IN OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10.2
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, BUYINGSMART.IN WILL HAVE NO LIABILITY RELATED TO
USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY
RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. BUYINGSMART.IN ALSO
DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BUYINGSMART.IN
WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF
UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE
WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. BUYINGSMART.IN
HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT,
BUT BUYINGSMART.IN NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE
QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE.
BUYINGSMART.IN SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE
WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE
FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES
AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. FURTHER, BUYINGSMART.IN SHALL NOT BE HELD RESPONSIBLE
FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR
ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO
TECHNICAL REASONS OR FOR ANY REASON BEYOND BUYINGSMART.IN 'S CONTROL. THE USER
UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK
AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. BUYINGSMART.IN
IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. BUYINGSMART.IN
ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY
INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
10.4
In the event You have
purchased / downloaded the Website from any online application stores, whether
provided by Apple, Inc., Google, Inc. or Blackberry Limited (or their
respective affiliates) (collectively referred to as "Store
Providers"), and there occurs any failure of the Website and / or
Services, You may follow the process recommended by the Store Provider under
the terms of the contract applicable between You and such Store Provider. The
Store Providers shall not be liable for any (i) warranty obligations of Buyingsmart.in
and related claims, losses, liabilities, damages, costs or expenses; (ii)
product liability / consumer protection claims, and claims related to the
Website's non-conformity with any applicable laws; and (iii) any third party
claims of infringement of intellectual property rights by the Website / Buyingsmart.in.
11.
Indemnification and
Limitation of Liability
11.1
You agree to
indemnify, defend and hold harmless Buyingsmart.in, its subsidiaries,
affiliates, vendors, agents and their respective directors, officers,
employees, contractors and agents (herein after individually and collectively
referred to as "indemnified parties") from and against any and all
losses, liabilities, claims, suits, proceedings, penalties, interests, damages,
demands, costs and expenses (including legal and other statutory fees and
disbursements in connection therewith and interest chargeable thereon) asserted
against or incurred by the indemnified parties that arise out of, result from,
or in connection with (i) Your breach of the Agreement(s); or (ii) any claims
made by any third party due to, or arising out of, or in connection with, Your
use of the Website; or (iii) any claim that any Third Party Content / content,
information or materials provided by You caused damage to a third party; or
(iv) Your violation of any rights of another, including any intellectual
property rights.
11.2
Buyingsmart.in may
notify You of any claims which You shall be liable to indemnify Buyingsmart.in
against. You will then be required to consult with Buyingsmart.in regarding the
course of action to be undertaken in defending such a claim. Further, You shall
not compromise or settle any claim or admit any liability or wrongdoing on the
part of Buyingsmart.in without the express prior written consent of Buyingsmart.in
which can be withheld or denied or conditioned by Buyingsmart.in in its sole
discretion.
11.3
Notwithstanding
anything to contrary in the Agreement(s), Buyingsmart.in's entire and aggregate
liability to You under and in relation to these Terms of Use or otherwise shall
not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of
fees, if any, paid by You to Buyingsmart.in under the relevant order to which
the cause of action for the liability relates.
11.4
Notwithstanding
anything to contrary in the Agreement(s), in no event shall Buyingsmart.in, its
subsidiaries or affiliates and their respective officers, directors, employees,
partners or suppliers be liable to You for any special, incidental, indirect,
consequential, exemplary or punitive damages whatsoever, including those
resulting from loss of use, data or profits, whether or not foreseeable or
whether or not Buyingsmart.in has been advised of the possibility of such
damages, or based on any theory of liability, including breach of contract or
warranty, negligence or other tortious action, or any other claim arising out
of or in connection with Your use of or access to the Website, Services or
Content.
12.
Terms
12.1
The Agreement will
continue to apply until terminated by either You or Buyingsmart.in as set forth
below. If You want to terminate Your agreement with Buyingsmart.in, You may do
so by (i) not accessing the Website; or (ii) closing Your Account for all of
the Services that You use, where Buyingsmart.in has made this option available
to You.
12.2
You agree that Buyingsmart.in
may, in its sole discretion and without prior notice, terminate Your access to
the Website and block Your future access to the Website if Buyingsmart.in
determines that You have violated the terms of these Terms of Use or any other
Agreement(s). You also agree that any violation by You of the Agreement(s) will
cause irreparable harm to Buyingsmart.in, for which monetary damages may be
inadequate, and You consent to Buyingsmart.in obtaining any injunctive or
equitable relief that Buyingsmart.in deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies Buyingsmart.in
may have at law or in equity.
12.3
In addition to Clause 12.2 above, Buyingsmart.in may, at any
time, with or without notice, terminate these Terms of Use (or portion thereof,
such as any individual Additional Terms) with You if:
·
Buyingsmart.in is
required to do so by law (for example, where the provision of the Services to
You is, or becomes, unlawful), or upon request by any law enforcement or other
government agencies;
·
The provision of the
Services to You by Buyingsmart.in is, in Buyingsmart.in's opinion, no longer
commercially viable;
·
Buyingsmart.in has
elected to discontinue, with or without reason, access to the Website, the
Services (or any part thereof); or
· In the event Buyingsmart.in faces any
unexpected technical issues or problems that prevent the Website and / or
Services from working.
12.4
Buyingsmart.in may
also terminate or suspend all or a portion of Your Account or access to the
Services with or without reason. Except as may be set forth in any Additional
Terms applicable to a particular Service, termination of Your Account may
include: (i) removal of access to all offerings within the Website or with
respect to the Services; (ii) disabling access to the Account Information,
including Your personal information, log-in ID and password, and all related
information, files and materials associated with or inside Your Account (or any
part thereof), and any User Content uploaded by You; and (iii) prohibiting
further use of the Services.
12.5
You agree that all terminations
shall be made in Buyingsmart.in's sole discretion and that Buyingsmart.in shall
not be liable to You or any third party for any termination of Your Account
(and accompanying deletion of Your Account Information), or Your access to the
Website and Services.
12.6
Notwithstanding the
foregoing, these such terms of this Agreement as are meant to survive
termination / expiry of this Agreement, will survive indefinitely unless and
until Buyingsmart.in chooses to terminate them. Buyingsmart.in may inform the
sellers who have accepted Your purchase orders on the Website, that this
Agreement is terminated, and upon such information sellers may cancel the
purchase order. Buyingsmart.in may also cancel all Your non-fulfilled orders on
the Website without any obligation or liability towards You.
13.
Governing Law and
Jurisdiction
13.1
These Terms of Use and
all transactions entered into on or through the Website and the relationship
between You and Buyingsmart.in shall be governed in accordance with the laws of
India without reference to conflict of laws principles.
13.2
You agree that all
claims, differences and disputes arising under or in connection with or in
relation hereto the Website, these Terms of Use, the Agreement(s) or any
transactions entered into on or through the Website or the relationship between
You and Buyingsmart.in shall be subject to the exclusive jurisdiction of the
courts at New Delhi, India and You hereby accede to and accept the jurisdiction
of such courts. Each party hereby irrevocably waives any objection which such
party may now or hereafter have to the laying of improper venue or forum non
convenient. Each party agrees that a judgment in any such action or proceeding
may be enforced in other jurisdictions by suit on the judgment or in any manner
provided by law. Any and all service of process and any other notice in any
such suit, action or proceeding with respect to this Agreement shall be
effective against a party if given as provided herein.
14.
Report Abuse And Take
Down Policy
14.1
In the event You come
across any abuse or violation of these Terms of Use or if You become aware of
any objectionable content on the Website, or if You believe your intellectual
property rights have been violated in any manner through the Website, please
refer to the Buyingsmart.in Report and Take Down Policy available at
https://www.buyingsmart.in/abusePolicy or under "Policy Info"
section.
15.
Communications
15.1
When You use the
Website or send emails or other data, information or communication to Buyingsmart.in,
You agree and understand that You are communicating with Buyingsmart.in through
electronic records and You consent to receive communications via electronic
records from Buyingsmart.in periodically and as and when required. Buyingsmart.in
will communicate with You by email or by notices on Website or electronic
records on the Website or on Your mobile number which will be deemed adequate
service of notice / electronic record to the maximum extent permitted under any
applicable law,
16.
General Provisions
16.1
Notice: All notices
with respect to these Terms of Use from Buyingsmart.in will be served to You by
email or by general notification on the Website. Any notice provided to Buyingsmart.in
pursuant to these Terms of Use should be sent to Grievance Officer at
grievanceofficer@buyingsmart.in.
16.2
Assignment: You cannot
assign or otherwise transfer the Agreements, or any rights granted hereunder or
any obligations, to any third party and any such assignment or transfer or
purported assignment or transfer shall be void ab initio. Buyingsmart.in's
rights and/or obligations under the Agreement are freely assignable or
otherwise transferable by Buyingsmart.in to any third parties without the
requirement of seeking Your prior consent. Buyingsmart.in may inform You of
such assignment or transfer in accordance with the notice requirements under
the Agreement. Buyingsmart.in shall have right to transfer Your Account and
Account Information to a third party who purchases Buyingsmart.in's business as
conducted under the Website.
16.3
Severability: If, for
any reason, a court of competent jurisdiction finds any provision of the
Agreement, or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to give effect to the intent
of the parties as reflected by that provision, and the remainder of the
Agreement shall continue in full force and effect. Buyingsmart.in may amend in
a reasonable manner such provision to make it enforceable and such amendment
will be given effect in accordance with the amendment terms of these Terms of
Use.
16.4
Waiver: Any failure or
delay by a party to enforce or exercise any provision of the Agreement, or any
related right, shall not constitute a waiver by such party of that provision or
right. The exercise of one or more of a party's rights hereunder shall not be a
waiver of, or preclude the exercise of, any rights or remedies available to
such party under these Terms of Use or in law or at equity. Any waiver by a
party shall only be made in writing and executed by a duly authorized officer
of such party.
16.5
Principal to Principal
Relationship: You and Buyingsmart.in are independent contractors, and nothing
in these Terms of Use will be construed to create a partnership, joint venture,
association of persons, agency (disclosed or undisclosed), franchise, sales
representative, or employment relationship between You and Buyingsmart.in. As
an abundant caution, it is clarified that Buyingsmart.in shall not have any
right to conclude any contract for sale or purchase of Products for and / or on
Your behalf and both You and Buyingsmart.in have entered this agreement on
principal to principal basis.
16.6
Force Majeure: If
performance of any service or obligation under these Terms of Use or other
Agreement by Buyingsmart.in is, or other third parties in fulfillment of any
purchase or sale transaction (for eg: logistics service provider, fulfillment
center, payment gateways etc.) are, prevented, restricted, delayed or interfered
with by reason of labor disputes, strikes, acts of God, floods, lightning,
severe weather, shortages of materials, rationing, utility or communication
failures, earthquakes, war, revolution, acts of terrorism, civil commotion,
acts of public enemies, blockade, embargo or any law, order, proclamation,
regulation, ordinance, demand or requirement having legal effect of any
government or any judicial authority or representative of any such government,
or any other act whatsoever, whether similar or dissimilar to those referred to
in this clause, which are beyond the reasonable control of Buyingsmart.in or
its third parties performing such services as sub-contractor to Buyingsmart.in
and could not have been prevented by reasonable precautions (each, a
"Force Majeure Event"), then Buyingsmart.in shall be excused from
such performance to the extent of and during the period of such Force Majeure
Event. Buyingsmart.in shall exercise all reasonable commercial efforts to
continue to perform its obligations hereunder.
16.7
Grievance Officer: In
compliance with Information Technology Act, 2000 and the rules made there under,
the Grievance Officer of Buyingsmart.in for the purpose of this Agreement shall
be Mrs. Maha Shueta Shukla with email address: grievanceofficer@buyingsmart.in.
Buyingsmart.in may change the aforesaid details from time to time under
intimation to You.
17.
Feedback and
Information
17.1
Any feedback You
provide to this Website shall be deemed to be non-confidential. Buyingsmart.in
shall be free to use such information on an unrestricted basis. Further, by
submitting the feedback, You represent and warrant that (i) Your feedback does
not contain confidential or proprietary information of You or of third parties;
(ii) Buyingsmart.in is not under any obligation of confidentiality, express or
implied, with respect to the feedback; (iii) Buyingsmart.in may have something
similar to the feedback already under consideration or in development; and (iv)
You are not entitled to any compensation or reimbursement of any kind from Buyingsmart.in
for the feedback under any circumstances.
17.2
To clarify, Buyingsmart.in may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Buyingsmart.in shall not be obliged to do so. Further, in the event that Buyingsmart.in makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Buyingsmart.in, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
For any other concern write to us on storeadmin@buyingsmart.in