In this policy, the words “we”, “our”, and “us” refer to Smart-liv Devices, the
website www.Smart-liv.in and the Smart-liv smartphone application (“App”) available
for Android and iOS platforms (herein after referred to as “Smart-liv”). Smart-liv
Devices are defined as Smart-liv smart home hubs, smart plugs, smart boxes (wired
smart plugs), sensors and smart door locks, being electrical/electronic devices with
radio communication features.
Usage of Smart-liv Devices, the Website www.Smart-liv.in and the Smart-liv App or
our services by you, deems you to have accepted the Terms and Conditions listed
below, including all its revisions, modifications or deletions while the Smart-liv
Devices, Website and App are operational and you are thus bound by the terms and
conditions herein. Smart-liv reserves the right to make changes to these terms &
conditions from time to time without intimation. By usage of the Smart-liv Devices,
Website and App or any facility or Service provided by us in any way; or merely
browsing on the Website and installing the App, you agree that you have read,
understood and agreed to be bound by these Terms & Conditions and our Privacy
Policy.
All rights, including copyright, in the Smart-liv Devices, Website and App are owned
by Smart-liv Innovations Private Limited (hereinafter referred to as Smart-liv).
Smart-liv is the proprietary trademark of Smart-liv Innovations Private Limited. Any
use of the Smart-liv Devices, Website and App or its contents, including copying or
storing it in whole or part is prohibited without the permission of Smart-liv.
If you have any queries about these terms & conditions please mail us at
support@Smart-liv.in and if you have any queries or have any comments or complaints
on or about our Devices, Website and App, please email us at: support@Smart-liv.in
1. ELIGIBILITY CRITERIA –
The usage of the Smart-liv Devices, Website and App and its services are not
available to minors under the age of eighteen (18) or to any Users “incompetent to
contract” within the meaning of the Indian Contract Act, 1872. Notwithstanding the
foregoing, if you are below the age of eighteen (18) years, you may avail the
services provided by Smart-liv through your legal guardian in accordance with the
applicable laws. Those who choose to access the Smart-liv Devices, Website and App
from outside India are responsible for compliance with Indian local laws if and to
the extent that local laws are applicable.
2. SECURITY AND SAFETY:
Smart-liv ensures maximum possible safety and security of all its Smart-liv Devices,
Website and App. Smart-liv Devices adhere to electrical and electronics safety
standards as per applicable industry practices, including and not limited to
electrical surge protection, fire retardant enclosures etc. The Smart-liv Website
and App adhere to the ISO 27001 certification obtained by Smart-liv. Personal and
non personal user information are protected under Smart-liv’s applicable privacy
policy.
3. USER OBLIGATIONS
a) Subject to compliance with the Terms and conditions, Smart-liv grants you a
non-exclusive, limited privilege to access and use the Smart-liv Devices, Website
and App and the services provided therein.
b) You agree to use the Smart-liv Devices, Website and App and the materials
provided therein 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.
c) You agree to adhere to all limitations on dissemination, use and reproduction of
any materials (such as the product catalogues and gallery) that you access on the
Website and App.
d) You agree to provide true, accurate, current and complete information about
yourself as prompted by ‘Smart-liv’S’ website and App.
e) You are responsible for maintaining the confidentiality of the password and
account created by you on the Smart-liv Website and App and are responsible for all
activities that occur under your password or account. It is important for you to
protect against unauthorized access to your computer and mobile device. In case of
any unauthorized access or use of your account or other breach of security, you are
responsible to immediately notify us at support@Smart-liv.in and ensure you log out
of each activity session. Smart-liv shall not be responsible for any negligence on
your part.
f) That in the event that a non-delivery occurs on account of a mistake by you (i.e.
wrong name or address or any other wrong information) any extra cost incurred by
‘Smart-liv’ for redelivery shall be claimed from you and you shall pay such
cost.
g) Smart-liv reserves the right to confirm and validate the information and other
details provided by you at any point of time.
h) Smart-liv reserves the right in its sole discretion to review, verify, reject or
remove data or content that is available via the Website and App in accordance with
its guidelines and the terms and conditions of this Agreement.
i) That the address at which delivery of the product ordered by you is to be made
will be correct and proper in all respects.
j) That before placing an order you shall check the product description carefully.
By placing an order for a product you agree to be bound by the conditions of sale
and invitation of offer included in the item’s description.
k) You are also under an obligation to use the Smart-liv Devices, Website and App
for reasonable and lawful purposes only.
l) You agree to defend, indemnify and hold Smart-liv and its officers, directors,
employees, agents and licensors harmless from all judgments, awards, losses,
liabilities, costs and expenses, including but not limited to reasonable attorneys
fees, expert witness fees, and costs of litigation arising out of your use of the
Smart-liv Devices, Website and App, your violation of the Agreement or your
violation of any rights of a third party.
4. USE OF MATERIALS:
Smart-liv owns the copyright to all the contents of the Smart-liv Devices, Website
and App, except where specific credit is given. You may not copy, reproduce,
distribute, republish, download, display, post or transmit any part of the website
and App without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use
only. If you have any doubts about what you can do, please go to our contact us page
to apply for permission to reproduce the content.
While our website and App are as accurate as possible, we cannot accept
responsibility for any inaccuracies or errors beyond our reasonable control.
Users of the Smart-liv Devices, Website and App should refer to our Privacy Policy
for information about how we collect and uses personal and non personal information.
By accepting this Agreement you expressly consent to the disclosure and use of your
personal information as described in the Privacy Policy, which is incorporated
herein by reference.
b) External Material
You shall not use the Smart-liv Devices, Website and App in any way that will damage
it or interrupt its provision. You shall not use the website and App to transmit or
post any computer viruses.
c) Links
The website may contain links to other websites; these external websites are not
under our control. We cannot be held responsible for such websites and cannot make
any guarantees about them. We provide these links because we think they might
interest you, but we do not monitor or endorse these other websites.
d) Liability
We take no responsibility for any loss or damage suffered as a result of our “order
online” service, or goods supplied using it, except as required by law, even if we
could have foreseen the loss, or the possibility of it was brought to our attention.
5. COPYRIGHT, TRADEMARK & DESIGN
Smart-liv reserves all intellectual property rights in all text, programs, products,
processes, technology, content and other materials, which appear on the Smart-liv
Devices, Website and App, except where specifically mentioned. Access to the Smart
Liv Devices, Website and App does not authorize anyone to use any name, logo or mark
in any manner. All materials, including images, text, illustrations, designs, icons,
photographs, written and other materials that are part of the Smart-liv Devices,
Website and App (collectively, the ‘Contents’) are intended solely for personal,
non-commercial use. You may download or copy the Contents and other downloadable
materials displayed on the Website and App for your personal use only. No right,
title or interest in any downloaded materials or software is transferred to you as a
result of any such downloading or copying. You will not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative works
from, sell or participate in any sale of or exploit in any way, in whole or in part,
any of the Contents of the Website and App.
6. CREDIT CARD DETAILS
You agree to provide correct and accurate credit/ debit card details to the approved
payment gateway for availing Services on the Website and App. You shall not use the
credit/ debit card which is not lawfully owned by you, i.e. in any transaction, You
must use your own credit/ debit card. The information provided by you will not be
utilized or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order. You will be solely responsible
for the security and confidentiality of your credit/ debit card details. Smart-liv
expressly disclaims all liabilities that may arise as a consequence of any
unauthorized use of your credit/ debit card. Your payment card will be debited for
your order on the day we send you the formal order confirmation. Smart-liv shall be
under no liability whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any transaction, on account of
you/cardholder having exceeded the preset limit mutually agreed by Smart-liv with
our acquiring bank from time to time.
7. SALES TAX/ VAT –
Our prices are inclusive of all applicable taxes.
8. DELIVERY SCHEDULE-
A tentative delivery time will be given along with the formal order confirmation.
The exact delivery date shall be provided as soon as your order is ready for
dispatch.
9. RESTRICTIONS –
Smart-liv reserves the right, at our sole discretion, to limit the quantity/ value
of the items purchased by you and such restrictions may be applicable to orders
placed by the same account and also to orders that use the same billing and/or
shipping address. We will provide notification to the customer should such limits be
applied. Smart-liv reserves the right, at our sole discretion, to prohibit sales to
any one as it may deem fit.
10. CANCELLATION BY Smart-liv-
There may be certain orders that we are unable to accept and must cancel. We reserve
the right, at our sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order being canceled include limitations on
quantities available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance department. We
may also require additional information or verification/s before accepting any
order. We will inform you if the entire order or any portion of your order is
canceled or if additional information is required to accept your order. If your
order is canceled after your credit/debit card has been charged, the said amount
will be reverted back in your card account. We will seek authorization on your card
for the aggregate amount of the order placed by you, however, we may charge your
card (capture) only with the amount corresponding to the actual portion of the order
that we are able/willing to fulfill, and any associated shipping charges/taxes and
levies etc. Any surplus amount, for which we might have originally sought and
received an authorization on your card from your Card Issuer, if not captured by us
in the time period stipulated by our Merchant Banker, will not be captured/ charged.
If however the same is charged to your card/ bank account in error, we will refund
it as soon as the same is realized by us or brought to our notice, whichever is
sooner. Smart-liv reserves the right to capture/charge your card to the full or
partially authorized amount for the concerned order.
11. CANCELLATION AND CHANGES BY CUSTOMERS –
If you wish to cancel or modify your order, please send an email to support@Smart-liv.in.
While we will try to accommodate your request, we cannot guarantee
cancellation or modification, once an order has been submitted. Once you have
received your online order, if it is the incorrect product or found to be damaged
please contact us within 3 days of receipt and we will arrange for collection. The
customer agrees not to dispute the decision made by Smart-liv and accept Smart-liv
decision regarding the cancellation.
12. SHIPPING POLICY
Shipping Destinations
Currently we serve to selected cities in India only.
Note
At present, we do not have the option to deliver a single order to multiple
destinations. You will need to place different orders for shipment to multiple
destinations.
Shipping & Handling Charges
We provide free shipping to select locations and shipping charges for certain
locations shall be specified with your order.
Time to Deliver
The time taken for delivery tends to vary according to the destination; however, we
make our best efforts to ensure that the order is delivered within 10-15 working
days once you place the order. In the unlikely event that we fail to deliver your
order within the stipulated period, we shall cancel the order and notify you
regarding the same. In such cases, the refund will be made directly to your account
via the same mode through which the payment was made or via cheque.
We only partner with reputed courier agencies to ensure that the products reach you
promptly and in perfect condition. We also ensure that the delivery is made to the
recipient and thus require the identity proof for verification:
Please Note:
Recipient needs to keep a photo copy of any of the following national approved photo
id proofs handy for receiving the delivery:
Pan card
Driving License
Passport
Voter identification card
Postal identification Card (Aadhar)
13. RETURN POLICY
A refund shall be provided if you cancel any order before it has been shipped by
calling us or emailing us to notify about the cancellation and we will determine if
it is possible to cancel/ modify the order. However, once the order has been shipped
we will not be able to cancel or modify it. We offer returns and exchanges for
orders damaged in transit or if you have received incorrect item(s). In case of a
damaged package/ incorrect item(s), please contact us within 3 days of receipt of
the order along with a photograph of the product. Please note that to be eligible
for a return, you must return the item(s) unused and in the same condition that you
received it, in its original packaging, along with the invoice. Our courier partner
will collect the order from the address provided by you and will get it back to
us.
Refunds shall not be provided if:
a) The products are returned in a used or damaged condition.
b) The products are not faulty or damaged.
c) Incorrect or outdated delivery address. Incorrect address format including any
form of a PO Box address.
d) After 3 failed delivery attempts by our respective courier agent.
e) Package refused by recipient.
14. SITE AND APP SECURITY
You are prohibited from violating or attempting to violate the security of the Smart
Liv Devices, Website and App, including, without limitation,
a) Accessing data not intended for you or logging onto a server or an account, which
you are not authorized to access.
b) Attempting to probe, scan or test the vulnerability of a system, network or
breach security or authentication measures without proper authorization.
c) Attempting to interfere with service to any other user, host or network,
including, without limitation, via means of submitting a virus to the site,
overloading, and “flooding,” “spamming,” “mailbombing” or “crashing.”
d) Sending unsolicited emails, including promotions and/or advertising of products
or services.
e) Forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting Violations of system or network security may result in
civil or criminal liability. Smart-liv will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to use any
device, software or routine to interfere or attempt to interfere with the proper
working of this site and app or any activity being conducted on this site and app.
You agree, further, not to use or attempt to use any engine, software, tool, agent
or other device or mechanism (including without limitation browsers, spiders,
robots, avatars or intelligent agents) to navigate or search this site and app other
than the search engine and search agents available on this site and other than
generally available third party web browsers.
15. DISCLAIMER
Your use of the Smart-liv Devices, Website and App is at your sole risk. The Smart
Liv Devices, Website, Apps and the information, services, products, programs and
materials available through it are provided on an “as is” and “as available” basis.
To the fullest extent permissible pursuant to applicable law, Smart-liv and its
affiliates expressly disclaim all warranties of any kind whether express or implied,
including but not limited to any warranties of title, or implied warranties of
merchantability, fitness for a particular purpose and non-infringement. Smart-liv
does not make any warranty that (a) the Smart-liv Devices, Website and App will meet
your requirements, or (b) that the Smart-liv Devices, Website and App or service
will be uninterrupted, timely, secure, or error free, or (c) the quality of any
products, services, information, or other material purchased or obtained by you
through the site and app will meet your expectations, or (d) that defects, if any,
will be corrected, or (e) there will be no unauthorized access to or use of our
secure servers and/or any and all personal information and/or financial information
stored therein, or (f) any bugs, viruses, trojan horses, or the like which may be
transmitted to or through our services by any third party.
You agree that Smart-liv shall have no responsibility for any damages suffered by
you in connection with the Smart-liv Devices, Website and App or any content
contained therein. You expressly agree that use of the Smart-liv Devices, Website
and App, including all content, data or software distributed by, downloaded or
accessed from or through the Smart-liv Devices, Website and App, is at your sole
risk. You understand and agree that you will be solely responsible for any damage to
your business or your computer system or loss of data that results from the use of
the Smart-liv Devices, Website and App. Prices and products may change at Smart
Liv’s discretion. All products and information displayed on www.Smart-liv.in
constitute an invitation to offer. Your order for purchase constitutes your offer,
which shall be subject to the terms and conditions as listed herein. We reserve the
right to accept or reject your offer in part or in full. Our acceptance of your
order will take place upon dispatch of the product(s) ordered. Dispatch of all the
product(s) ordered, may or may not happen at the same time, in such a scenario that
portion of the order which has been dispatched will be deemed to have been accepted
by us and the balance would continue to be on offer to us and we reserve the right
to accept or reject such balance order. No act or omission of Smart-liv prior to the
actual dispatch of the product (s) ordered will constitute acceptance of your offer.
If you have provided us with your email address, we will notify you by email as soon
as possible to confirm receipt of your order and email you again to confirm dispatch
and therefore acceptance of the order.
All products are subject to availability. We reserve the right to limit the quantity
of products we supply, supply only part of an order or to divide up orders. We will
inform you if we are unable to fill your order. Prices on the website are subject to
change without notice and can vary from time to time.
16. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions
disclosed, submitted or offered in connection with your use of the Smart-liv
Devices, Website and App will be and remain the property of Smart-liv. Such
disclosure, submission or offer of any comments shall constitute an exclusive
irrevocable and perpetual assignment to Smart-liv of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the comments or
reviews.
You agree and confirm that any comments submitted by you to the website and app will
not violate this policy or any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s) and will not cause
injury to any person or entity. You further agree that no comments submitted by you
to the website will be or contain libelous or otherwise unlawful, threatening,
abusive or obscene material, or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mails or any form of spam.
You grant Smart-liv the right to use the name that you submit in connection with any
comments, reviews etc. You agree not to use a false email address, impersonate any
person or entity, or otherwise mislead as to the origin of any comments you submit.
You are and shall remain solely responsible for the content uploaded by you and you
further agree to keep indemnified Smart-liv and its affiliates for all claims
resulting from any content submitted by you. Smart-liv and its affiliates are not
responsible nor assume any liability for any content submitted by you or any third
party.
17. INDEMNITY AND LIMITATION OF LIABILITY
Under no circumstances including, without limitation, its own negligence, shall
Smart-liv or its parents, subsidiaries, officers, employees, affiliates, directors,
agents, suppliers, or any other party involved in creating, producing, transmitting,
or distributing Smart-liv or related products and services be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, including but not
limited to damages for loss of profits, goodwill, use, data or other tangible and
intangible losses (even if Smart-liv has been advised of the possibility of such
damages), resulting from: (a) the use or inability to use the Smart-liv Devices,
Website and App (b) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the Smart-liv
Devices, Website and App; (c) unauthorized access to or alteration of your
transmissions or data; or (d) any other matter relating to the Smart-liv Devices,
Website and App. Some jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages, so some of the above may not
apply to you. In such jurisdictions, liability is limited to the fullest extent
permitted by law.
While Smart-liv has taken all due care in ensuring the safety of its users in
relation to use of its Devices, Website and App, however you agree to indemnify
Smart-liv against any loss or damange arising out of the use or misuse of the Smart
Liv Devices, Website and App in any manner, including loss of data, property or
life.
18. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD
PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and
images), third party trademarks and images of third party products, services and/ or
locations featured on this Website are in no way associated, linked or affiliated
with Smart-liv and you should not rely on the existence of such a connection or
affiliation. Any trademarks/ names featured on this Website are owned by the
respective trademark owners.
19. FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our
obligations hereunder and shall not be liable for any loss or damages caused thereby
where the same is occasioned by any cause whatsoever that is beyond our control
including but not limited to an act of God, war, civil disturbance, governmental or
parliamentary restrictions, prohibitions or enactments’ of any kind, import or
export regulations, non-availability of internet connectivity, exchange control
regulations or accident or non-availability/ delay in transport.
20. TERMINATION
This User Agreement is effective unless and until terminated by either you or Smart
Liv. You may do so by (i) not accessing the Smart-liv Devices, Website and App; or
(ii) closing your accounts for all of the Services that you use, where Smart-liv has
made this option available to You.
We may terminate this User Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Website and App. Such termination
will be without any liability to Smart-liv. Our right to any Comments shall survive
any termination of this User Agreement. Any such termination of this User Agreement
shall not cancel your obligation to pay for the product already ordered from the
Website or App or affect any liability against you that may have arisen under the
User Agreement.
21. GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of
India. The Courts at Hyderabad shall alone have exclusive jurisdiction in any
proceedings arising out of this agreement.
22. MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Smart-liv reserves the right at any time to modify the terms and conditions of this
User Agreement without any prior notification to you. You can access the latest
version of the User Agreement at any given time on www.Smart-liv.in