Terms and Condition
TERMS OF SERVICE
OVERVIEW
This website is operated by SMARTX INNOVATIONS. Throughout the site, the terms “we”, “us” and “our” refer to SMARTX INNOVATIONS. SMARTX INNOVATIONS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SMARTX INNOVATIONS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SMARTX INNOVATIONS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Nashik , MAHARASHTRA, India.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at smartxbrains@gmail.com.
Reward points rules
Terms of use:
By participating in the reward program, you automatically agree to the terms of participation in the reward system program.
1. Terms of participation in the program.
1.1 Any natural person can become a member of the loyalty program – a consumer who is registered on the Smartxprokits website.
1.2 By registering in the program, you thereby give the administration of the Smartxprokits consent to the processing of your personal data listed below in order to conclude and execute contracts for the sale / provision of services, inform about goods, works, services and / or conduct surveys and research, participation in the loyalty program, including accounting for the accumulation and use of Rewards, to provide you with the most beneficial personalized offers from Smartxprokits and its partners, send you emails, and also allow you to transfer or entrust to others the processing of the following personal data.
Consent is given to the processing of your following personal data: last name, first name, patronymic, gender, date of birth, mobile and/or home phone numbers, e-mail address, postal address, information about the history of purchases, including the names of the purchased goods/services and their value, accumulated Rewards, as well as information about interests based on data about your behavior on the Internet, in the networks of telecommunications and Internet operators, network and/or coalition (with the participation of partner companies) loyalty programs (hereinafter referred to as personal data). During the processing of your personal data, the following actions will be carried out with or without the use of automation tools: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), depersonalization, blocking, deletion, destruction.
1.3 From the moment of registration, the participant independently controls the change of his personal data in his personal account.
1.4 In case of providing false (inaccurate) information about oneself, as well as in case of untimely change of outdated information, the participant assumes the risk of any negative consequences associated with the provision of incorrect information, up to the deduction of points or a ban on participation in the reward system.
2. Accrual of Rewards.
2.1 The order of accrual or write-off of rewards is determined by the administration of the Smartxprokits.
2.1.1 Reward points can be awarded for the purchase of goods. The amount of rewards is determined by the administration of the Smartxprokits, the validity period of rewards accrued for the purchase of goods of 180 days. Rewards are automatically credited to the Program Member’s Reward Account after the online payment for the purchase, taking into account the receipt of reward points.
2.1.2 Rewards can be accrued by the decision of the administration, in the form of promotions and promotional campaigns.
2.1.2.1 In the promotion held within the framework of the program, both all participants and their separate categories (target consumer focus groups), determined by the terms of a particular promotion, can participate.
2.1.2.2 the Smartxprokits independently determines: the terms and conditions of the promotion; categories of participants for which the promotion is carried out.
2.1.2.3 Burnt promotional rewards are not restored.
2.2 Smartxprokits, at its discretion, may establish other grounds (cases) for accrual and / or non-accrual of Rewards, including for certain categories of participants.
2.3 When crossing with other promotions with additional accrual of Rewards, they are accrued for each position of the check for only one, the most profitable promotion. Accruals on the amount of the check take into account only positions for which there were no other promotional accruals.
2.4 Rewards cannot be exchanged for cash.
2.5 The Participant, among other things, may not perform any of the following actions: give, sell or otherwise alienate Rewards, or the right to receive them, to other participants or other third parties; transfer Rewards or the rights to receive them as a pledge or otherwise impose encumbrances on them and / or rights to receive them.
2.6 Balance and details – when clicking on this link, the user can get acquainted with information about the number of Rewards on the account and the details of accruing and writing off reward points.
3. Validity of rewards
3.1 The validity period of Rewards for purchases, on the account of the program member is 180 days, and can be changed at any time by decision of the administration Smartxprokits.
3.1.1 If during this period the member makes a new purchase on the Smartxprokits, then after the accrual of Rewards for this purchase, the validity period of all the member’s available rewards in the available discount, with the exception of Rewards accrued on promotions, is again 180 days (counting from day of the last purchase on the Smartxprokits). If, within 180 days from the moment of receiving the Rewards accrued for the last purchase, the participant has not made any new purchase with the accrual of Rewards, then the Rewards available on his account in the available discount will expire. Burnt Rewards are non-refundable.
3.2 The validity period of Rewards accrued as part of a promotion is determined by the terms of the relevant promotion, which is set by the Smartxprokits at its sole discretion.
3.3 The current state of the Rewards on the Reward account is contained in the participant’s personal account on the Balance and details. In order to avoid claims, Smartxprokits recommends that Members keep track of their Reward Points balance, as well as the date of expiration (burnout) of Rewards not activated in the discount, on their own.
4. Payment with rewards
4.1 When paying for a purchase with Rewards, the following number of reward points can be used:
4.1.1 Rewards can be paid for an amount not exceeding 100% of the cart.
4.1.2 At the same time, goods with discounts are not excluded from the total amount of the cart for calculating the allowable write-off with rewards by decision of the administration.
4.2 Rewards are spent in chronological order: the ones with the earliest burn date are used first.
4.3 The terms of payment with rewards can be changed at any time, by the decision of the administration of the Smartxprokits.
5. Refund of products in which reward points took part.
5.1 In the event of a return of goods partially or fully paid for with Rewards, they will be returned to the Member’s Reward Account at the time of the return. In the event that the expiration date of the Reward Points at the time of the return has expired, the rewards will not be returned.
5.2 If a participant pays for 2 or more goods with Rewards and then returns one of them, then the Rewards spent on the returned goods are returned to the participant’s Reward account. Rewards credited to the participant’s account will be available for discount immediately after they are returned to the account.
5.3 If, when returning the goods, at the time of the refund, the client does not have enough Rewards on the Reward account to write off the amount previously accrued for the purchase and spent by the client, then the maximum possible number of rewards will be written off.
6. Additional Rules
6.1 The Smartxprokits may send the member information about the reward account, accumulated Rewards, changes in the rules of the loyalty program by sending messages to the support@smartxprokits.in.
6.2 In order to inform about news and promotions, the Smartxprokits company may send him advertising and / or marketing information about the goods, works, services of the Smartxprokits and its partners, about news and promotions by sending messages to the support@smartxprokits.in.
6.3 If the participant wants to refuse participation in the program, it is necessary to go to the personal account of the reward program Balance and details and click “refuse to participate”, and then confirm this intention.
6.4.1 If the participant wants to resume participation in the reward program, it is necessary to go to the personal account of the reward program Balance and details and click “Resume participation”, and then confirm this intention.
6.4.2 A participant, who has renewed participation, retains all points with an unexpired expiration date.
6.5 The participant may be blocked in the reward program by decision of the administration. If you do not agree with this decision, please contact the administration. In this case, only the website administration can restore participation in the reward program.
6.6 The validity period of the program is not limited. Smartxprokits has the right to terminate the program at any time.
6.7 Smartxprokits has the right to unilaterally change the terms of the program at any time. The terms of the program with changes are published on the program website at the Terms of use.
6.8 The document confirming the company’s obligation to accrue Rewards to the participant’s account is an electronic check (or other document confirming the purchase within the program). All claims on the fact of accrual of Rewards are considered by the company only upon presentation of the documents specified above.
6.9 Rewards can be written off at the initiative of the company without prior notice to the program participant if they were credited to the participant’s account erroneously, as a result of the actions of the participant or another person containing elements of bad faith, or for other reasons determined by the decision of the Smartxprokits administration.
6.10 The Company has the right to terminate participation in the program of any participant and block / cancel the Reward account without notice in cases where the participant: – does not comply with these conditions, as well as the conditions of other promotions of the company; — has made or intends to make a sale or purchase of rewards to third parties; — allowed or intends to allow a third party to place an order through his personal account on the Smartxprokits or in a mobile application; – has committed or intends to commit actions that have significant signs of fraud, deceit or other manipulations that have caused or may cause material or moral damage and other negative consequences; – abuses any rights granted to the participant under the program; – did not fill in the required fields of the questionnaire/application-questionnaire or filled it out incorrectly which prevents from confirming participant’s identity; – provides information (misinformation) that is misleading or does not correspond to reality; — in accordance with the requirements of the current legislation; — if the facts indicate that the participant’s purchases are made for business purposes, that is, for their subsequent sale / resale, or on behalf of / at the expense of a legal entity to carry out the activities of a legal entity, or on behalf of / at the expense of an individual received from a group of individuals, for the acquisition of equipment for general use and / or donation.