Terms of use

These terms and conditions of use (“Terms of Use”) of the Website (as defined below) between SmartCooky Internet Limited (hereinafter referred to as “SmartCooky”) and the users/ registrants of the Website (“You” or “Your” or “Yourself” or “User”) describe the terms on which SmartCooky offers You access to the Website and the services connected with the purchase of various products through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.

THESE TERMS OF USE FORM AN ELECTRONIC RECORD OF THE CONTRACT FORMED HEREUNDER AS RECONGNISED UNDER THE INFORMATION TECHNOLOGY ACT, 2000.

IN ADDITION TO THE FOREGOING, BY ACCEPTING THESE TERMS OF USE, YOU ALSO AGREE TO BE BOUND BY THE TERMS OF OFFER FOR SALE, DISCLAIMERS, TERMS OF OFFER FOR SALE ISSUED BY THE VENDOR OR ADDITIONAL TERMS WHICH ARE DISPLAYED WITH THE SELECTION OF THE PRODUCT, IF ANY, OR DISPLAYED ELSEWHERE (COLLECTIVELY THE “ADDITIONAL TERMS”) AT THE WEBSITE. IF THERE IS ANY CONFLICT BETWEEN THESE TERMS OF USE AND THE ADDITIONAL TERMS, THEN THE MOST RECENTLYUPDATED TERMS/ DOCUMENT SHALL TAKE PRECEDENCE TO THE EXTENT OF SUCH CONFLICT.

YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE, THE ADDITIONAL TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND THE ADDITIONAL TERMS, PLEASE REFRAIN FROM USING THE WEBSITE FORTHWITH.

General

1. www.smartcooky.com(“Website” which term shall include any related mobile sites or mobile applications) is an Internet based portal owned and operated by SmartCooky, a company incorporated under the laws of India, with its registered office at 207, Okhla Industrial Estate, Phase - III, New Delhi – 110020 India and having CIN U74999DL2015PLC284768.Use of the Website is offered toYou on the condition that all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by SmartCookyat its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service (defined later) is accepted by You. If you do not agree with these Terms of Use, please refrain from using the Website forthwith.

2. SmartCooky shall not be required to notify You, whether as a registered User or otherwise, of any changes made to these Terms of Use. The revised Terms of Use shall be available on the Website. Your use of the Website and its Services is subject to the most current version of the Termsof Use made available on the Website at the time of such use. You are requested to regularly visit the Website to view the most current form of the Terms of Use. You can determine when SmartCooky last modified theTerms of Useby referring to the ‘Last Updated’ legend in the document. It shall be Your responsibility to check theseTerms of Useperiodically for changes. SmartCooky may but shall not be obligated to require You to provide Your consent to the updatedTerms of Usein a specified manner prior to any further use of the Website and the services provided on the Website. If no such separate consent is sought,Your continued use of the Website, following changes to theTerms of Use, will constitute Your acceptance of therevised Terms of Use. In the event the modified Terms of Use are not acceptable to You, You should discontinue using the Website.

3. By (i) using this Website or any facility or Service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Privacy Policy available at the Website.

Services

1. The Website is a platform that facilitates the online sale and purchase of products offered by various vendors(“Products”) by providinginter alia online technical support and back-end logistic support and other incidental support (“Services”). The purchase of Products on the Website shall be governed by theterms of offer for sale(“Terms of Offer”) which are available on the Website.

2. SmartCooky merely provides a means of communication between the Users and vendors who offer their products for sale on the Website and shall not be liable to provide any additional services including refund, exchange or replacement of any Product which shall be the responsibility of the vendor to the extent provided under the Terms of Offer. You agree and acknowledge that SmartCooky is not the seller of the Products and SmartCooky shall in no manner be deemed to be the seller of the Products. SmartCooky is only facilitating purchase of the Products by You from the vendor.

Eligibility to Use

1. The services offered by SmartCooky for the Website are not available to minors under the age of eighteen (18) or to any Users suspended or removed by SmartCookyfor any reason whatsoever. If You do not conform to the above qualification, 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 services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the services provided by SmartCooky through Your legal guardian in accordance with the applicable laws.

2. SmartCooky reserves the right to refuse access to use the Services and purchase the Products offered at the Website to any new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

You shall not have more than one active account on the Website.

User Account, Password, and Security

1. SmartCooky makes certain Products and Services available to You through the Website only if You have provided SmartCookycertain required user information and created an account (“Account”) through SmartCooky ID and password or other log-in ID and password, which may include a Facebook, Gmail, Yahoo ID or any other valid email IDas specified on the Website (collectively, the “Account Information”). You are not to have more than one active Account at any given time on the Website. You are prohibited from selling, trading, or otherwise transferring Your Account to any other person.

2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify SmartCooky 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. SmartCooky cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.2. You may be held liable for losses incurred by SmartCooky 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.

3. The Website also allows restricted access to the Services for unregistered Users.

4. 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 of this Website is expressly prohibited.

5. If You provide any information that is untrue, inaccurate, not current or incomplete (or subsequently becomes untrue, inaccurate, not current or incomplete), or SmartCooky has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SmartCooky has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

User Obligations

1. Subject to compliance with these Terms of Use, SmartCooky grants You a non-exclusive, limited privilege to access and use this Website and the Services provided therein.

2. You agree to use the Website and allied Services only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You access on the Website in accordance with these Terms of Use.

4. You agree not to access (or attempt to access) the Website and the materials or Products or Services by any means other than through the interface that is provided by SmartCooky. 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, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

5. You acknowledge and agree that by accessing or using the Website, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. SmartCooky disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed under these Terms of Use.

6. If the Website allows You to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Website (“User Content”) it should be written in English language and pictures shall be in such format if specifically specified by SmartCooky.By submitting User Content, You warrant that (a) You are the sole author and owner of the User Content; (b) You are at least eighteen (18) years old or if You are under the age of eighteen (18), You are at least thirteen (13) years old and Your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by these Terms of Use; and (c) use of any User Content You supply will not violate any term of theseTerms of Use and will not cause injury to any person or entity.

7. If you make any submission to the Website, You automatically grant, or warrant that the owner of such User Content has expressly granted SmartCooky, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.SmartCooky may sublicense its rights through multiple tiers of sublicenses.You should not submit any User Content to us that you do not wish to license to us.SmartCooky is and shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay any compensation for any User Content; or (c) to respond to any User Content.You grant SmartCooky the right to use the name (and photograph) that you submit in connection with any User Content. SmartCooky does not monitor User Content posted by Users but has the right to remove any such User Content from the Website at any time and without notice at its sole discretion.

8. Further, pursuant to or in relation to Your use of the Website and/ or the Services, You undertake not to:

a. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

b. Defame, abuse, harass, threaten or otherwise violate the legal rights of other users or vendors of the Website

c. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or the other Users or vendors;

d. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, seditionary, obscene, indecent or unlawful topic, name, material or information including through any bookmark, hyperlink, tag or keyword;

e. Upload any User Content or files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

f. 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);

g. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any SmartCooky server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;

h. 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 SmartCooky, including any SmartCooky 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;

i. 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;

j. Collect or store data about other Users;

k. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;

l. Use the Website or any material or Content for any purpose that is unlawful or prohibited by theseTerms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of SmartCooky or other third parties;

m. Conduct or forward surveys, contests, pyramid schemes or chain letters;

n. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;

o. 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;

p. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

q. Violate any applicable laws or regulations for the time being in force within or outside India;

r. Undertake any activity that infringes upon or violates the rights of any third party including intellectual property rights or the right of privacy;

s. Promote any illegal or unauthorized use of copyrighted content available on the Website;

t. Violate theTerms of Use or the Additional Terms; and

u. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.

v. You agree that You are solely responsible to SmartCooky and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which SmartCooky or its affiliates or its vendors may suffer) for any such breach.

w. You agree that SmartCooky may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.

Use of Materials

1. Except as expressly indicated to the contrary in any applicable Additional Terms, SmartCooky hereby grants You a non-exclusive, freely revocable, non-transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:

a. You may access and use the materials solely for personal, non-commercial, informational purposes, in accordance with theTerms of Use;

b. You may not modify or alter product catalogues or any other materials available on the Website;

c. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues or any other materials available on the Website available to others; and

d. You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

e. 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. The product catalogues or any other materials available on the Website may not be copied or retransmitted unless expressly permitted by SmartCooky.

2. Any software that is available on the Website is the property of SmartCooky or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of SmartCooky.

3. Any purchase of the Products or use of the Website will be strictly for personal use of the User. The User hereby expressly agrees that any Products 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 is not transferrable to any third party for profit.

Usage Conduct

1. You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact on the Website.

2. You are also under an obligation to use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.

3. You shall use this Website for personal, non-commercial use only.

Intellectual Property Rights

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 SmartCooky 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.

2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of/ licensed by SmartCooky or thevendors/ manufacturerslisted on the Website. You are not permitted to use the Marks without the prior consent of SmartCooky or the vendor or any other third party that may own the Marks.

3. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, SmartCooky owns all intellectual property rights to and into the trademark “SmartCooky”, 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.

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 SmartCooky or thirty party owner of such Content.

5. The provisions of this Section are in addition to the ‘Intellectual Property Rights Policy’ of Smartcooky made available on the Website. The User hereby consents, expresses and agrees that he has read and fully understands the ‘Intellectual Property Rights Policy’ of SmartCooky in respect of the Website. You further consent that the terms and contents of such Intellectual Property Rights Policy’ are acceptable to You. In the event of any conflict between the provisions of this Section and the ‘Intellectual Property Rights Policy’, the most recently updated document shall prevail to the extent of such conflict.

Third Party Content

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources (“Third Party Content”). Similar Third Party Content would also be available to You on the email received by You from SmartCooky. The provision of Third Party Content is for general informational purposes only. SmartCooky does not provide any guarantee with respect to any the Third Party Content and SmartCooky shall not be held liable for any loss suffered by You based on Your reliance on or use of such data.

Disclaimer Of Warranties and Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

1. THE WEBSITE, PRODUCTS, SERVICES AND OTHER MATERIALS ARE PROVIDED BY SMARTCOOKY 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, SMARTCOOKY MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE PRODUCTS OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, PRODUCTS, SERVICES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, PRODUCTS, SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMARTCOOKY OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTCOOKY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SMARTCOOKY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

3. SMARTCOOKY 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 OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SMARTCOOKY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SMARTCOOKY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SMARTCOOKY 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, SMARTCOOKY 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 SMARTCOOKY'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. SMARTCOOKY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SMARTCOOKY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

4. SMARTCOOKY SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

5. THE ABOVE SHALL BE READ IN CONJUNCTION WITH THE DISCLAIMERS RELATING TO THE PRODUCTS AS CONTAINED IN THE ADDITIONAL TERMS MADE AVAILABLE ON THE WEBSITE. THE USER HEREBY CONFIRMS THAT HE HAS READ AND UNDERSTOOD THE ADDITIONAL TERMS AND ACCEPTS THE SAME.

Indemnification and Limitation of Liability

1. You agree to indemnify, defend and hold harmless SmartCooky including but not limited to its affiliates,service providers, vendors, agents and employees (“Indemnified Parties”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Indemnified Partiesthat arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Use or the Additional Terms. Further, You agree to hold the Indemnified Partiesharmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material (including User Content) caused damage to a third party, Your violation of the Terms of Use, or the Additional Terms or Your violation of any rights of another, including any intellectual property rights of the Indemnified Parties or any third party.

2. In no event shall SmartCooky, its officers, directors, employees, partners or suppliers be liable to You, the vendor 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 SmartCooky 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 materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

Violation of the Terms of Use or the Additional Terms

1. You agree that SmartCooky may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if SmartCookyin its sole discretion determines that You have violated these Terms of Use or Additional Terms. You also agree that any violation by You of these Terms of Use or the Additional Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to SmartCooky, for which monetary damages would be inadequate, and You consent to SmartCookyobtaining any injunctive or equitable relief that SmartCooky deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies SmartCooky may have at lawor in equity.

You agree that SmartCooky may, in its sole discretion, and without prior notice, terminate Your access to the Website, for any cause, which includes (but is not limited to): (a) requests by law enforcement or other government agencies; (b) a request by You (self-initiated account deletions); (c) discontinuance or material modification of the Website or any service offered on or through the Website; or (d) unexpected technical issues or problems.

If SmartCooky or any person claiming on its behalf including any vendor or service provider takes any legal action against You as a result of Your violation of these Terms of Use, such person will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to such person.

Termination

1. The Terms of Use will continue to apply until terminated by either You or SmartCooky as set forth below. If You want to terminate Your agreement with SmartCooky, You may do so by (a) not accessing the Website; and (b) closing Your accounts for all of the services that You use, where SmartCooky has made this option available to You. Notwithstanding anything to the contrary contained herein, such termination by you will not affect any rights or obligations incurred prior to termination including without limitation, the rights of Smartcooky in any User Content submitted by you.

2. SmartCookymay, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

a. You breach any of the provisions of theTerms of Use, the Additional Terms including the Terms of Offer for Sale, thePrivacy Policy, the Intellectual Property Rights Policyor any other terms, conditions, or policies that may be applicable to You from time to time in relation to the Website (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);

b. SmartCooky is required to do so by law (for example, where the provision of the services to You is, or becomes, unlawful);

c. The provision of the services to You by SmartCooky is, in SmartCooky's opinion, no longer commercially viable;

d. SmartCooky has elected to discontinue, with or without reason, access to the Website and/ or the Services (or any part thereof).

3. SmartCookymay also terminate or suspend all or a portion ofYour account or access to the services for any other reason at its discretion. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (a) removal of access to all offerings within the Website or with respect to the services; (b) deletion of Your materials and 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) or use of Website by you; and (c) barring of further use of the Services. It is clarified that all or any of the aforesaid actions may be undertaken by Smartcooky in its sole discretion but Smartcooky shall be under no obligation whatsoever to undertake any or all of the foregoing.

4. You agree that all terminations shall be made in SmartCooky's sole discretion and that SmartCookyshall 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 or deletion of any content or material provided by You.

Governing Law

1. These Terms of Use, the Additional Terms and all transactions entered into, on or through the Website, and the relationship between You and SmartCooky shall be governed in accordance with the laws of India without reference to conflict of laws principles.

2. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Additional Terms, the Terms of Use or any transactions entered into on or through the Website or the relationship between You and SmartCooky 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.

Report Abuse

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, please report toSmartCooky customer support.

Privacy Policy

The User hereby consents, expresses and agrees that he has read and fully understands thePrivacy Policyof SmartCooky in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

Communications

1. You hereby expressly agree to receive communications by way of SMS, e-mails from SmartCooky(including any third party vendors or service providers) relating to services provided through the Website or purchase of Products on the Website or any promotional material in relation to the same.

2. User can unsubscribe/ opt-out from receiving communications from SmartCookythrough SMS and e-mail anytime by:

a. Visitingthe appropriate section of the Websiteto unsubscribe from messages/ SMS; and

b. Newsletters sent daily at the registered email addressby clicking on the unsubscribe option attached at the bottom of newsletter received through e-mail

General Provisions

1. Notice:All notices of SmartCooky will be served by email or by general notification on the Website. Any notice provided to SmartCookypursuant to the Terms of Use should be sent toSmartCookycustomer support through modes specified on the Website.

2. Assignment:You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. SmartCooky's rights under the Terms of Use are freely transferable by SmartCooky to any third parties without the requirement of seeking Your consent.

3. Severability:If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, 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 Terms of Use shall continue in full force and effect.

4. Waiver:Any failure by SmartCookyto enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by SmartCooky of that provision or right.

Feedback and Information

Any feedback You provide to this Website shall be deemed to be non-confidential. SmartCookyshall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (a) Your feedback does not contain confidential or proprietary information of You or of third parties; (b) SmartCooky is not under any obligation of confidentiality, express or implied, with respect to the feedback; (c) SmartCookymay have something similar to the feedback already under consideration or in development; and (d) You are not entitled to any compensation or reimbursement of any kind from SmartCooky for the feedback under any circumstances.


LAST UPDATED ON 10/05/2016