Call us on 011-33179012
email us at email@example.com
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.
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.
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).
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.
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;
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;
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
If you have any queries or comments regarding any Products, you may contact the respective manufacturer or contact SmartCooky’s Customer Services at firstname.lastname@example.org or you may call on 011-33179012 (during weekdays from 9 am to 8 pm).