In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.smarthomenx.com (hereinafter referred to as “Website / Portal / Platform”) is owned by Home Next Services Private Limited, a Company registered under the Companies Act, 2013, as amended, and having its registered office at 605, Alpana Apartment, Lbs Marg, Ghatkopar West, Mumbai - 400086, India (hereinafter referred to as ‘the company’).
This document in its present form is the property of the Company, its subsidiaries, and assigns, as may be created from time to time.
The use of this Platform by you is solely governed by this policy and any other policy so mentioned by terms of reference, including without limitation, policies for utilisation of your data. By accessing the home page of the Website, downloading the Application, gaining access to the Content or using any of the Services available on the Platform shall be taken to mean that you have read and agreed to the policies so binding on you and that you are contracting with the Company and have undertaken binding obligations with the Company.
“We”, “Us”, “Our”, “Home Next” shall mean Home Next Services Private Limited.
“You”, “Your”, “User” refers to the natural or legal person who has gained access to the Platform by using the sign-on systems linked to third parties or by providing Registration Data while registering on the Platform. The term shall also refer to any person visiting, accessing, browsing, placing an order through, or otherwise availing Services through the Platform.
“Website / Smarthomenx” shall mean either www.smarthomenx.com, the domains owned and controlled by Home Next Services Private Limited.
“Content” refers to any text, image, graphic, video, audio, or all forms of data which are made available on the Platform.
“Your Content” refers to any content submitted by way of registration or submission of reviews through, or in connection with, the Platform, including but not limited to the content submitted for the purposes of purchase of any products displayed on / through the Platform.
“Vendor” refers to third party sellers and service providers, making available their services and / or products through the Platform.
“Vendor Content” refers to the content made available by the Vendor through the Platform.
“Third Party” refers to any person other than the User and Home Next.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value. The Terms used herein shall have the same meaning ascribed to them in the Agreements
Smarthomenx is a discovery platform that helps users find ideas, products, and professionals in the home internet of things space. Further Smarthomenx is an e-commerce marketplace for [●] materials, and related products, facilitating the sale and purchase of such products. However, we do not hold any inventory of any kind, sell on the website, or sell on the website, either through Home Next, or through any subsidiaries or sister concerns.
Your use of the Platform and services and tools are governed by these terms and conditions (“Terms”) as applicable to the Platform including the applicable policies which are incorporated herein. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with us and these terms and conditions including the policies constitute your binding obligations, with us.
Accessing, browsing through the listings, posting your requirements, or otherwise using the Platform indicates your Agreement to all the Terms.
Eligibility and Access
Users above the age of 18 and competent to contract as per the laws of the Union of India shall be entitled to use the Platform and avail of the offers and services provided therein. To register, you must provide your true and correct information as requested while registering (“Registration Data”). If you are a minor and wish to use the Platform, you may do so through your legal guardian and Home Next reserves the right to terminate your account on knowledge of you being a minor and using the membership of the Platform.
Home Next may, in its discretion terminate or end the relationship with any User with or without furnishing reasons for the same.
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, we hold the rights to permanently suspend your account.
The Website is a platform that Users utilize to meet and interact with one another, and with vendors, for their transactions.
We also act as aggregators who display to the end User Service Providers / Vendors best suited to their needs, based on the Content provided to us / updated on the Website / updated on the Mobile Application, or applications built on it, by Service Providers and Users, including without limitation Content relating to Service Provider’s area of specialization, expertise, experience, availability, and geographic location.
Home Next collects, directly or indirectly, and displays on the Platform, relevant information regarding the business of the Third-Party Service Providers / Vendors listed on the Application as well as details of the products they sell. Although we take reasonable efforts to ensure that such information is accurate and updated at frequent intervals, we cannot be held liable for any inaccuracies or incompleteness represented on the Application pertaining to Service Provider Content / Vendor Content.
Further, Home Next collects, directly or indirectly, and displays on the Application, relevant information regarding the Users using the Platform to market or sell any services or goods (User Service Provider), such as their fees / charges, location, service details, and other details. We take no efforts to ensure the accuracy of such information and cannot be held liable for any inaccuracies or incompleteness represented on the Platform pertaining to such User Content
It is hereby expressly clarified that, the Information that you obtain or receive from Home Next, is for informational and User’s personal purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information pertaining to the User Service Provider and Third-Party Service Provider (collectively “Service Providers”) provided on the Website.
However, should a User choose to proceed with a Third-Party Service Provider displayed / identified / listed by us, for any purpose whatsoever, including without limitation, seeking a service, we are not a party to such interaction and take no liability arising from such communication.
Further, should a User choose to proceed with any other User based on the Content provided to us / updated on the Website / updated on the Mobile Application such as relating to User’s skill sets, or availability of goods for resale, seeking a service (User Service Provider), we are not a party to such interaction and take no liability arising from such communication.
- All communication which inter alia include the contract of sale, its terms, your obligations, any Vendor’s obligations, prices, etc. are outcomes of the communication between the respective Vendor and you. This includes, without any limitation, the prices, shipping costs, payment details, date, period and mode of delivery, warranties related to products and services and after sales services related to the products. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
- We do not endorse any of the products on the Platform nor place any guarantee as to its nature, price, quality, etc.
- We do not endorse any of the Vendors, or the Vendor Content on the website, nor provide any guarantees as to its nature, content, quality, or originality. Disclaimer: DUE TO SOME TECHNICAL ISSUES, TYPOGRAPHICAL OR HUMAN ERRORS, IMAGES, RATINGS, PORTFOLIOS, PRODUCTS, PRODUCT DESCRIPTIONS, SERVICES, SERVICE DESCRIPTIONS, SERVICE PROVIDER CONTENT, TEXT DOCUMENTS AND ANY INFORMATION RELATED TO USERS OR CONTENT MAY BE INCORRECTLY REFLECTED ON THE WEBSITE. WE DO NOT TAKE ANY RESPONSIBILITY FOR THE RELIANCE PLACED ON SUCH INCORRECT INFORMATION. SMARTHOMENX ASSUMES THAT THE PRODUCTS AND SERVICES LISTED ON THE PLATFORM ARE AUTHENTIC AND ACCURATE AND THE SERVICE PROVIDER HAS THE AUTHORITY TO SELL THEM, BUT HOME NEXT DOES NOT VERIFY THESE PRODUCTS, SERVICES, SERVICE PROVIDERS, OR VENDORS.
- Subject to the above sub-clauses, a contract exists between you and the Vendor / Service Provider / User, and as such any breach of contract and thus, any claim arising from such breach is the subject matter of the respective parties alone, and we are in no way a party to such breach or involved in any suit arising from the said breach. The contact/communication arising from such breach may entail between the users or parties directly without us being involved.
- At no point of time in a transaction do we come into possession of any goods or their title.
- Any contract entered into by you with any Vendor, is limited to you and the respective Vendor / Service Provider and we are in no way liable for any deficiency of service that may arise which includes and is not limited to cancellation of order due to low stocks, defected goods, and defective nature of goods.
- As we hold no possession, or title of the products at any time, do not enter into / or determine the communication between you and any Vendor, or determine its outcome, the communication and the resultant transaction is purely a bipartite contract between you and the respective Vendor and we are not responsible for claims arising from such a contract.
- You release and indemnify us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users/Vendors on this Platform.
- We hereby expressly disclaim all liabilities pertaining to product / service quality, availability, contents of the packaging of any product, effective packaging, product order processing time, product shipment or delivery time, and any after sales support and replacement, if provided by the Vendor.
As a registered member of the Platform, you may use the Platform to ‘post’ any requirement you may have (“Post”). The information made available by you in the form of the Post, and the contents therein, including requirements shall be made available to Users and Service Providers through the Platform.
Intellectual Property Rights / Content
This Platform is the sole and exclusive property of Home Next or its licensors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Platform, except as specified to the contrary. Notwithstanding the aforementioned, all intellectual properties and proprietary rights in Third Party Content shall rest with the Vendor / Service Provider.
You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the platform without a license or other written permission obtained in advance from the owner of such Intellectual Property, including but not limited to text, audio, video, code and software. During your visit to this Site, however, you may download the material displayed, for non-commercial, personal use only, provided you retain all intellectual property legends contained in the materials). We neither warrant nor represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by us or affiliated with Home Next. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, or copying of the content for commercial purposes and unwarranted modification of data and information within the content of the website is not permitted.
The content that you Post or provide to the Platform including without limitation, your requirements, Posts, images, videos, files, reviews, feedback, and comments, including all components and contents therein will become our property and you grant Us a worldwide, perpetual and transferable right in such Content. We shall be entitled to, in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide.
You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
Notwithstanding the aforementioned, by Posting or providing content, you grant to other Users and Vendors, a license to access such Content.
Third Party Information
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
Any sales and marketing information provided by us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual offer capable of acceptance and would merely exist to be an invitation to offer.
Data provided by us / Service Rendered
From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, changing, or editing such articles. In the event you have an issue with any article so posted, you may report the same to us. We are under no obligation to remove such articles and the final decision lies with us.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
From time to time, the Platform may have external links connected to other websites. We in no way endorse these websites and are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
You are a restricted user of this Platform.
- You are bound not to cut, copy, distribute, modify, recreate, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Platform. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
- You agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface that is provided by the Platform. The use of 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 Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform are hereby expressly prohibited. You acknowledge and agree that by accessing or using the Platform or Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Platform. Further, you may report such offensive content.
- In places where this Platform allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Platform or the servers and networks which are connected to the Platform;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, Post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Platform, including any Platform Account not owned by you, to its source, or exploit the Platform or Service or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, as provided for by the Platform;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section.
- Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers.
You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms to use any information obtained from the Platform to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.
Compliance with Laws:
All Users and Vendors shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999, and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, as amended by the Information Technology (Amendment) Act 2008, and the rules made there under, Prevention of Money Laundering Act, 2002, and the rules made there under, Foreign Contribution Regulation Act, 1976, and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Platform.
Disclaimer of Warranties and Liabilities
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE PLATFORM, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS PLATFORM IS 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, SMARTHOMENX MAKES NO WARRANTY THAT
- YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- MATERIALS OR INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
- YOUR POSTS AND YOUR REQUIREMENTS WILL BE AVAILABLE IN THEIR ENTIRETY ON THE PLATFORM;
- THE CONTENT DISPLAYED TO YOU WILL BE ACCURATE OR UPDATED;
- YOUR ORDERS SHALL BE DELIVERED TO YOU AS PER THE SCHEDULE DISPLAYED TO YOU;
- ANY ERRORS OR DEFECTS IN THE PLATFORM, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT OR THIRD-PARTY CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR SUCH ACTIONS. SMARTHOMENX ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
WE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. ANY ADVERTISEMENTS SHOWN ON THE WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITES OR THE PRODUCTS AND SERVICES ARE FOR INFORMATIONAL PURPOSE ONLY.
Indemnification and Limitation of Liability
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE 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 PLATFORM, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We make reasonable attempts to clear the Platform of viruses and worms, but cannot ensure that the website will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any content from the Platform. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.
All disputes will attempt to be resolved amicably by mediation or negotiation, failing which they shall be referred to binding arbitration by a Sole Arbitrator. The Sole Arbitrator shall be jointly appointed by the parties. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Mumbai and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.
The Courts in Mumbai, India, shall have the jurisdiction for all suits arising out of or in connection with this Agreement
Any grievances, issues, queries, complaints or information that you wish to communicate to us can be addressed to firstname.lastname@example.org