Merchant Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These Terms govern your use of this Website; by using this Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website.
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
We may change these Terms at any time without notice. You can review the most current version of these terms by clicking on the "Merchant Terms and Conditions" hypertext link located at the bottom of our web page on the Website. You are responsible for checking these Terms for changes periodically. If you continue to use the Website after we post changes to these Terms, you are signifying your acceptance of the updated Terms.
2. RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.
3. YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
- violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity, including the Company and its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Website. You may not attempt to gain unauthorized access to any services, user/Merchant accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
5. PROPRIETARY RIGHTS
- We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Website own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
- This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.
6. LICENSE TO USE
- Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
- You must not:
- republish material from this Website (including republication on another website) unless the material is owned by you;
- sell, rent or sub-license material from the Website unless the material is owned by you;
- show any material from the Website in public unless the material is owned by you;
- reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose;
- re-distribute material from this Website except for content specifically and expressly made available for redistribution;
- Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
- Any such use of the Website and/or its material, otherwise which shall be opposed by us.
- On request of registration information from you to set up a merchant account, you must provide us with accurate and complete information and must update the information when it changes.
- You are responsible for maintaining the confidentiality of your merchant account login names and passwords, and must not permit use of your account by anyone.. You accept responsibility for all activities, charges, and damages that occur under your merchant account, including unauthorized use of your merchant account. If you have reason to believe that someone is using your merchant account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
- Sweepstakes, contests, and promotions on the Website may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
- The Website will act as a virtual marketplace for the Merchant’s goods and/or services as agreed to under these Terms.
- The Merchant shall provide the price of an item and such price will be mutually decided in writing between the Company and the Merchant. Such price will be modified by the Merchant only in writing after acquiring the prior written consent of the Company.
- The payment will be made to the Merchant immediately upon successful completion and payment towards a transaction for the Merchant’s goods and/or services for an order placed on the Website at the price as agreed under clause
- All payments are subject to applicable taxes to be borne by each party individually.
- Any reverse shipping charges and/or any overhead costs directly related to the Merchant’s goods and/or services shall be borne by the Merchant.
- Any default in the fulfilment of any orders due for any reason whatsoever will be charged at 18% (Eighteen Percent) of the value on total invoice.
- The Company shall make payments as per the mutually agreed written terms.
- The Merchant has right to use the name under which the Merchant is identified and registered.
- The Merchant shall comply with all applicable laws and regulations.
- The Merchant shall co-operate with the Company to provide the product catalogue, product detailed description, product price, product images and also maintain inventory of the products for the purpose of the Website and the Agreement.
- The Merchant shall provide product samples for the purpose of display in any Company participated exhibition. The Company shall give information of such requirement to the Merchant 15 (fifteen) days in advance.
- The Merchant understands that the selection of the products to be displayed for sale or otherwise on the Website shall be decided by the Company unless mutually agreed upon in writing.
- The Merchant represents that the products sold and/or displayed are of the standard quality, design, style or model of the product representative and do not violate or infringe any intellectual property rights and/or third party rights
- The Merchant shall take all reasonable steps to maintain the brand reputation and goodwill of the Company and Website.
- The Merchant will be solely responsible for the use and consumption of the Merchant’s goods and/or services and any and all content uploaded and/or used and/or on the Website in relation to the Merchant’s goods and/or services. The Merchant allows the Company to use/exploit the content uploaded by the Merchant on the Website until the termination and/or expiration of this Agreement.
- The Merchant’s performance under this Agreement will not violate or conflict with any other agreement to which the Merchant is a party to.
- The Merchant shall not use the Website services, directly or indirectly, for any fraud or to interfere with the use of the Website services.
- The Merchant shall not directly or indirectly contact or communicate with the customers of the Website for a period of 2 (two) years from the date of termination of the Merchant’s association with the Website and the Company.
- The Merchant shall provide all documents and/or detailed information as required by the Company from time to time.
- The Merchant shall maintain confidentiality of any and all information shared by the Company, at all times.
- The Merchant shall be held responsible for any legal action that due to any default arising out of the use and/or consumption of the Merchant’s goods and/or services and the breach of the Terms and the Merchant shall indemnify the Company from all actions that may arise as a result of such breach or any default or act of fraud.
- The Company shall charge fees for subscribing to complete access to use of additional services made available by the Company on the Website, for a single Merchant use, which shall be valid for a period as mutually agreed in writing between the Merchant and Us. After the expiry of the initial subscription term, the subscriber may choose to renew the subscription for a period of as mutually agreed between the Company and the Merchant.
- A subscription can only be deemed to have completed once the following condition has been met:
- The Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concerned subscriber in the Company bank account.
- Any transaction both effected and completed through the Website including but not limited to the contract of purchase and sale between Merchant and purchaser will apply to such Terms.
- A transaction can only be deemed to have completed once the following two (2) conditions have been met:
- The Merchant has been paid in full for their material and can confirm this by providing evidence of cleared funds from purchaser in Company bank account.
- At this point, both Merchant and purchaser are subject to the Terms. We have no direct involvement in transactions between users. Our role is only of a facilitator to provide Merchant and purchaser with a platform to agree to sale/purchase. We do not post the items advertised on the Website.
- You acknowledge that we:
- are not the owner of the items being sold;
- will only get involved with any dispute between Merchant and purchaser to the extent specified; and
- are not responsible in any way if any items displayed and subsequently sold via this Website prove unsatisfactory.
- We are not responsible for ensuring that Merchant and purchaser complete a transaction and make no guarantees whatsoever to the Merchant that their material will be purchased if displayed on our Website.
- Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Website.
- Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
- We reserve the right to cancel any order at Company’s sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with our policies or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
10. TRANSACTION PRICE:
The price of the goods and/or services availed for purchase by the buyer shall on every transaction of the buyer additionally include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof and any other amount charged by the Merchant.
11. LOGISTICS PARTNER:
The Merchant appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the Company may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.
12. RETURNS AND REFUNDS POLICY:
- In general, an item may be eligible for return within the period of 30 (thirty) days (or as per the period mentioned specifically for that product on the website) if it fulfils one or more of the following conditions:
- Was delivered in a physically damaged condition;
- Has missing parts or accessories; and/or
- Is different from what was ordered.
- An item shall not be eligible for return in event of any of the following conditions:
- It is marked as “non-returnable”;
- It is no longer needed by you;
- The order was wrongly placed due to your mistake; or
- You do not like any aesthetic aspect of the item ordered as is.
- All items must be returned in their original condition, with price tags intact, user manual, warranty cards, original accessories and in the original manufacturer’s box/packaging as delivered to you.
- We shall not be liable in any manner for any misuse or usage of any information, in case of any electronic device returned with such information.
- The item must be returned by selection of an option to pick-up or deliver at Smarthome NX, iKeva, Lower Ground 02, B Wing, Art Guild House, Phoenix Market City, Mumbai, Maharashtra 400070. The item shall be picked up within 3 (three) working days from receipt of the request for pick-up.
- If you have paid for the order using bank account/credit card/debit card, then the refunded amount gets credited to your bank/credit card account within 15 (fifteen) business days from the date of pick-up/receipt of the returned item. However, if you have paid by cash, you will be asked for your account details to refund the concerned amount .
- Your refund is subject to quality check for application of the above stated exceptions.
13. WEBSITE SECURITY RULES:
- Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
- This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are not allowed to use, access, or register as a user on this Website.
- You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.
14. PUBLIC ACCESSIBLE CONTENT:
Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Website that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Website, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.
You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
16. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
Website may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.
18. DISCLAIMER OF WARRANTIES:
- We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, services and products distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
- Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this Website will be constantly available, or available at all; or
- the information on this Website is complete, true, accurate or non-misleading
- Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
19. LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the logistics partner, services provided through the payment gateway on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website or the Logistics partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Website, breach of the Terms including rules and policies incorporated herein under any applicable law.
21. INTERNATIONAL USE:
We make no representation that the Content on the Website is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
- Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
- Further, it is clarified that unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
This contract and any supplemental terms, policies, rules and guidelines posted on Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
25. GOVERNING LAW AND JURISDICTION:
- These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
- Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
- Both the Company and the Merchant shall not be liable by reason of failure or delay in the performance of our obligations under these Terms if such failure or delay is caused by acts of God, war or any other cause beyond its control and without our fault or negligence provided.
- No changes to these Terms shall be made except by a revised posting on this page.
27. EXPERT COLLABORATIVE TERMS & CONDITIONS
Please find below the terms & conditions applicable to all members (system integrators, dealer, manufacturers or representatives of Smart solution providers in any other form) of the Expert Collaborative membership with Smarthome NX (Home Next Services Pvt. Ltd.) . Please note that the terms & conditions are subject to change without any prior notice to our members.
I.Criteria for membership:
We require that the company that partners with us has the necessary infrastructure and competence to provide the required solutions to our customers. For the same, we require that the company:
- Is authorised to deal in specific brands as claimed by the company
- Has the necessary personnel to provide installation and post-sales services
- Is capable of executing the projects on his/her own without the need to collaborate with a third party
The vendor is entitled only to receive QPIs (Qualified Project Inquiries) from the categories as finalised initially during membership sign-up. These categories are subject to change by Smarthome NX.
The vendor is entitled only to receive QPIs from the serviceable regions as finalised initially during membership sign-up.
IV.About Qualified Project Inquiries (QPIs):
Qualified Project Inquiries (QPIs) are made based upon the information provided to Smarthome NX by the client and interpretations of the same. However, in case this information is misrepresented by the customer, Smarthome NX is not liable for the same.
There are no refunds available under any circumstances. Termination of membership would not entitle any vendor to refunds either.
We do not allow our QPIs being used by our members to collaborate with other service providers in order to execute those projects. Any activity conducted in order to resell, redistribute or profit from QPIs other than providing services to the client independently (without collaborating with third parties) would lead to termination. In such cases, refunds would not be applicable either.
Replacements are only entitled under the following circumstances during the validity period:
- Wrong or fake contact details of the QPI are provided
- The customer is not looking for any Smart home solutions at all.
Replacements are not provided in case of the following circumstances:
- The customer decided to modify his requirements and budget after he initiated a discussion with you
- The customer did not choose to meet with you after an initial discussion
VIII.Customer interactions with Smarthome NX and vendor:
Smarthome NX’s role in terms of hand-holding the customer is limited and it will not help facilitate additional information or be involved in the sales process after having connected the vendor to the customer.
The following activities which form a part of a typical sales process will be undertaken by the vendor and not by the Smarthome NX team:
- Asking more questions to understand the requirement better
- Arranging site visits and meetings
- Forwarding company brochures
If you do not agree to these Terms, you should immediately stop using the Website. If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.