Terms & Conditions
Greetings “User”. We welcome you to the SMARTSTERS family where your journey to transformation and beauty begins. In this journey as a user, you shall be accessing the SMARTSTERS PLATFORM which is owned and operated by Smartsters Pvt Ltd (“SMARTSTERS”). a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 3rd floor, A-wing, Shivsagar Estate, Dr Annie Besant Road, Worli, Mumbai 400018. You may be accessing the SMARTSTERS PLATFORM from a computer, tablet, mobile phone device or any other electronic device (through an iOS or Android application, for example) and these “Terms of Use” govern your use of the SMARTSTERS PLATFORM.
You may also be interested in buying the range of products offered, soled, manufactured and marketed by SMARTSTERS through the SMARTSTERS PLATFORM including SMARTSTERS’s Services. These Terms of Use govern all the products offered on the SMARTSTERS PLATFORM
You agree that the SMARTSTERS PLATFORM shall only be used for your personal non-commercial use and information solely with your express consent and any other use of the SMARTSTERS PLATFORM shall be an express violation of these Terms of use. Your use of the services and features of the SMARTSTERS PLATFROM shall be governed by these Terms of USE and SMARTSTERS’s along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " the SMARTSTERS Policies ") as modified and amended from time to time.
By merely visiting, browsing clicking, accessing, or making any kind of permitted use of the SMARTSTERS PLATFORM, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the SMARTSTERS Polices, whether you have read the same or not the same are deemed to be known and is an unconditional acceptance to the Terms of Use and SMARTSTERS Policies. If you do not agree to any of the terms enumerated in the Terms of Use or the SMARTSTERS Policies, please do not use the SMARTSTERS PLATFORM. SMARTSTERS reserves its express and unilateral right to change the SMARTSTERS PLATFORM, the SMARTSTERS Services, the particulars contained in the Terms of Use or the SMARTSTERS Policies from time to time and at any time, without any prior notice to its users and its sole discretion which shall be posted on the SMARTSTERS PLATFORM from time to time. Any change or modification to the Terms of Use and the SMARTSTERS Policies will be effective immediately from the date of such upload of the Terms of Use and SMARTSTERS Policies on the SMARTSTERS PLATFORM. Your continued use of the SMARTSTERS Platform after any modifications to the Terms of Use and the SMARTSTERS Policies, SMARTSTERS Services and the SMARTSTERS PLATFORM constitutes your unconditional acceptance of such modifications you’re you are requested be updated with the modifications from time to time.
2. YOUR ACCOUNT WITH SMARTSTERS
While SMARTSTERS welcomes you onboard to create and account with SMARTSTERS you understand and undertake the following,
You are 18 years of age or older and that your use of the SMARTSTERS PLATFORM shall not violate any applicable law or regulation.
All registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
Your registration on the SMARTSTERS PLATFORM is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
Your personal and non-commercial use of the SMARTSTERS PLATFORM shall be subjected to the following restrictions.
You may not modify any content, decompile, reverse engineer, or disassemble the content.
You may not remove any copyright, trademark registration, or other proprietary notices from the SMARTSTERS PLATFORM. You further agree not to access or use the SMARTSTERS PLATFORM in any manner that may be harmful to the operation of the SMARTSTERS PLATFORM or its content.
Use the SMARTSTERS PLATFROM and SMARTSTERS services in any way that is unlawful, or harms SMARTSTERS or any other person or entity,
SMARTSTERS cannot and will not assure you that other Users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and SMARTSTERS, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
If you are using the SMARTSTERS PLATFORM on behalf of someone else, you shall ensure that you have full authority to do so and you assume full responsibility of the same.
All information, content and material contained in the SMARTSTERS PLATFROM, SMARTSTERS Services and SMARTSTERS Products are he sole and absolute intellectual property of SMARTSTERS. All trademarks, services marks, trade names, and trade dress are proprietary to SMARTSTERS.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to SMARTSTERS.
SMARTSTERS, solely, unilaterally, and expressly reserves the right to refuse service and/or terminate accounts without prior notice if these Terms of Use, SMARTSTERS’s Policies You are solely responsible for all contents that you upload, post, email or otherwise transmit through the SMARTSTERS PLATFORM. The information provided to SMARTSTERS shall be maintained by SMARTSTERS in accordance with our Privacy Policy.
3. PRIVACY PRACTICES
At SMARTSTERS we are committed to safeguarding your personal information and the same shall be governed by at Privacy Policy which can be accessed at Privacy Policy. Privacy Policy shall also govern your visit and use of SMARTSTERS PLATFRORM. Your continued use of the SMARTSTERS PLATFORM implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by SMARTSTERS in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to sole unilateral and self-discretionary amendment and modifications from time to time which shall be updated on the SMARTSTERS PLATRORM, and you are requested to read the same.
You acknowledge that when you access a link that leaves the SMARTSTERS PLATFROM, the site you will enter into is not controlled by the SMARTSTERS and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that SMARTSTERS is not responsible for those sites. The Company reserves the right to disable links from third-party sites to the SMARTSTERS PLATFORM at its sole discretion but has no obligation to do the same.
4. PRODUCT & SERVICES INFORMATION
SMARTSTERS provides a wide range of product and services to its users and makes all endeavors and attempts to be as accurate as possible in the description of the product on the SMARTSTERS PLATFORM. However, does not warrant that the product description, color, information, or other content of the SMARTSTERS PLATFORM is accurate, complete, reliable, current, or error-free. The SMARTSTERS PLATFORM is eventually also managed by human resources and may contain human errors such as typographical errors or inaccuracies and may not be complete or current although best attempts to keep the PLATFORM updated from time to time shall be made The product pictures are indicative and may not match the actual product due to various reasons including but not limited to lighting, display, and Photography.
SMARTSTERS at its sole discretion reserves the right to correct, change or update information, errors, inaccuracies, or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies, or omissions may also relate to pricing and availability of the product or services.
The products and services available on the SMARTSTERS PLATFORM, and the samples, if any, that SMARTSTERS PLATFROM provides you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold, or resold for any/commercial reasons.
SMARTSTERS has all its product usage instructions on each product, you are requested to check the ingredients of the Product before utilizing the same and check for any skin allergies and conditions which might cause any complexities prior to use. In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that SMARTSTERS is in no manner responsible for the same. It is requested that you should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.
Any recommendation made to you in the SMARTSTERS PLATFROM during the course of your use is purely for informational purposes and for your convenience.
5. CANCELLATION/REFUNDS &PRICING INFORMATION
At SMARTSTERS we are committed to provide the best experience to our uses however, many third-party entities are also involved in providing the end-to-end support to SMARTSTERS Users in provision of Products and Services. If you wish to return a product to SMARTSTERS, please refer to our Cancellation and Refund Policy at Refund Policy.
SMARTSTERS strives provide accurate product and pricing information; however, errors may occur. The Price of a product placed by you shall only be confirmed once you make the order
if a product / service is listed at an incorrect price or with incorrect information due to any technical error, SMARTSTERS shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you.
In the event that an item is wrongly priced, SMARTSTERS may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation wherever possible to do so for which the amount shall be reversed back you through the mode of payment selected by you
Change is prices, availability of products and services provided or offered to you on the SMARTSTERS PLATFROM as subject to change without prior notice. Any cancellation of Products from SMARTSTERS’s end shall be notified to by email and the Product or Services shall be automatically cancelled.
6. PAYMENT METHOD
Payments for the products available on the SMARTSTERS PLATFORM may be made in the following ways:
Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
Cash On Delivery option is not available for all orders and not available for orders outside India.
7. THIRD PARTY SERVICES
You understand that third party services may be made available by SMARTSTERS on the SMARTSTERS PLATFORM. Please note that in the event you choose to avail any such third-party services that are made available on the SMARTSTERS PLATFROM including payment gateways, you will be absolutely and solely responsible for your interactions with such third-party service providers. SMARTSTERS shall not be held responsible for any lapses, shortcomings, or deficiency of services by such third-party service providers to you.
8. SHIPPING AND DELIVERY
Please refer to our Shipping and Delivery Policy provided on our SMARTSTERS PLATFORM, as amended from time to time.
9. INTELLECTUAL PROPERTY RIGHTS
SMARTSTERS is the absolute owner of all its brands, trademarks, logos, slogans, brand names, product names and any other intellectual property created by SMARTSTERS its suppliers and licensors. SMARTSTERS and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software, and other materials, which appear SMARTSTERS PLATFORM, including its looks and feel. Consequently, the intellectual property of SMARTSTERS including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed, or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial 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, reproducing, duplicating, republishing, posting, transmitting, distributing, or modifying in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of SMARTSTERS’s various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually, and worldwide right to Us to use the content for reasonable business purpose.Unless SMARTSTERS explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled, or licensed by SMARTSTERS, any of its affiliates or by third parties who have licensed their materials to SMARTSTERS and are protected by Indian copyright laws and international treaties.
10. LIMITED USAGE LICENSE
You are hereby granted by SMARTSTERS a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and noncommercial use of the SMARTSTERS PLATFORM. All rights not expressly granted to you in these Terms of Use and the SMARTSTERS Policies, are reserved and retained by SMARTSTERS and its affiliates.
SMARTSTERS reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the SMARTSTERS PLATFORM and to block and prevent your future access the same
11. DISCLAIMERS & LIMITED LIABILITY
The information, content and materials on the SMARTSTERS PLATFROM are provided on an "as is" and "as available" basis. SMARTSTERS and all its subsidiaries, affiliates, officers, employees, agents, partners, and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
SMARTSTERS does not warrant that the functions contained in content, information, and materials on the SMARTSTERS PLATFROM, including, without limitation any third-party sites or services linked to the SMARTSTERS PLATFROM and / or services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information, and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the SMARTSTERS PLATFROM are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system.
You hereby indemnify, defend, and hold SMARTSTERS, its distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities, and costs arising from your use of the SMARTSTERS Platform.
SMARTSTERS through the SMARTSTERS PLATFROM intends to provide its users with general information about beauty and healthcare topics and products. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. SMARTSTERS makes attempts to take reasonable care to ensure that the Information is accurate, however, makes no representation and takes no responsibility for the accuracy, completeness, appropriateness, or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by SMARTSTERS or its representatives/ employees, he/she may do so at its own risk and under no circumstances SMARTSTERS , its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
To the maximum extent permitted by law, SMARTSTERS will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, SMARTSTERS’s total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to SMARTSTERS in during the month immediately preceding the act allegedly giving rise to SMARTSTERS’s liability.
11. TERMINATION
These Terms of Use are effective unless and until terminated by either you or SMARTSTERS. On your termination you have to immediately cease the use of the SMARTSTERS PLATFROM. Similarly, SMARTSTERS may terminate the use of the SMARTSTERS PLATFORM and any access by you without any notice at its sole discretion without any liability.
Upon any termination of the Terms of Use by either you or SMARTSTERS, all materials downloaded or otherwise obtained from SMARTSTERS PLATFORM, as well as all copies of such materials, whether made under the Terms of Use or otherwise must be destructed. Any such termination of the Terms of Use shall not cancel your pending obligations to pay for the product and services already ordered from the SMARTSTERS PLATFROM or affect any liability that may have arisen under the Terms of Use.
12. INDEMNITY
You agree to defend, indemnify and hold harmless SMARTSTERS at all times, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors 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 SMARTSTERS or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use or Policies , 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 the Terms of Use.
13. GOVERNING LAW AND JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies of the SMARTSTERS PLATFROM, between the parties hereto, shall be referred resolved through arbitration by a sole independent arbitrator mutually appointed by the parties. The arbitration shall be governed accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The award of the sole arbitrator shall be final and binding on the Parties. The seat and venue of arbitration shall be held in Mumbai. The arbitration shall be without prejudice to any injunctive reliefs or remedies available to SMARTSTERS in accordance with provisions of the governing law.
14. SEVERABILITY & WAIVER
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect.
Any failure on part of SMARTSTERS to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
15. GREIVANCE OFFICER AND SUPPORT:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr.
Designation: Operations manager
Contact number -
Address:
Email: email address
Customer Service Desk
E-mail id: founders@smartsters.in