“Smilekarts” is a trademark of Smilekarts India Private Limited, a company incorporated under the Companies Act, 2013 with its registered and corporate office at Shop No.3, Devli Niwas, opp. Pramukh Villa, Nr, Krishna Hospital, Amli, Silvassa, Dadra & Nagra Haveli Pincode - 396230

The domain name www.smilekarts.com is owned by the Company.

Please feel free to reach out to us at our Customer Care helpline: +91-9558094266 (Toll Free).

It is strongly recommended that you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”), if you read and understand these ‘Terms of Use’ carefully. You should not operate or access the Marketplace for any purpose whatsoever if you do not agree with this User Agreement.

The User Agreement of this website may be updated from time to time by the Company without giving any notice. It is therefore strongly recommended that each time you access and/or use the Marketplace you must review the User Agreement, as available on the Marketplace, each time you access and/or use the Marketplace.

Please do not hesitate if you have any clarifications regarding the Terms of Use, contact us at info@smilekarts.com

For domestic consumers, the Marketplace is a platform to transact with third party sellers, who have been granted access to the Marketplace to offer products and display for sale through the Marketplace. For ample clarity, no services are provided to the users by the Company other than providing the Marketplace as a platform to transact at their own cost and risk, and other services as may be specifically being notified in writing.

The Company cannot be a party between you and the third party to any transaction, or have any control, involvement or influence over the products purchased by you with the third-party sellers or the prices charged by such third-party sellers of such products. The Company therefore refuse to accept all the liabilities and warranties associated with any products offered on the Marketplace.

Through the Marketplace transactions may be subject to a delivery charge where the minimum order size is not met. For such delivery charge you will be informed at the stage of check-out for a transaction through the Marketplace.

However, if you are a minor, i.e. under the age of 18 years, you may only operate/access the website under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

You are not eligible in case, you are a wholesaler, retailer, institution or any other business user, to use the Marketplace for purchasing the products from third-party sellers to display and offer their products for sale. The Marketplace for end-consumers is intended to be a platform for desirous of purchasing product(s) for domestic self-consumption.

The Company being its sole discretion, itself reserves all the right to terminate or refuse your registration or decline to permit use/access/operate to the Marketplace, if:

(i) It finds or propose the notice that you do not conform to the eligibility criteria

(ii) May breach the terms of this User Agreement.

(iii) The Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met violated by a user.

The Company inter alia in order to determine compliance with eligibility criteria uses an algorithm in order to determine compliance with eligibility criteria or pre-determined criteria based technology and from time to time your usage get blocked on account of overlap with such criteria. In such cases, please contact us for assistance if you are a genuine domestic user of the Platform.

To make personal use of the Marketplacethe Company grants you a sub-license, but not to modify or download it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include any collection and use of any product listings, resale or commercial use of its content or the Marketplace; any collection and use of any product listings, descriptions, or prices; for the benefit of another third partyany downloading or copying of information; or any use of data mining, robots, or similar data gathering and extraction tools.

To enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) you may not frame or utilize framing techniques of the Marketplace or of the Company and/or its affiliates without the express prior written consent of the Company. You may not useany other “hidden text” or any meta tags utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Marketplace, or any other systems or networks connected to the Marketplace or to any server, computer, network, or to any of the services offered on or through the Marketplace, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to share, display, modify, host, upload, publish, transmit, update any information

1. To another person of which you don’t have any right;

2. Is badger, damaging, interfering of another’s policy, profane, slanderous, indecent, pornographic, paedophilic, libellous, hateful, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;

3. Intimidate the integrity, safety, security of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or insulting any other nation;

4. Harms minors in anyways;

5. Break any trademark, patent, copyright or another proprietary/intellectual property rights;

6. In force violates any law for the time being;

7. Impersonates another person;

8. In any way, its misleading or known to be false.

9. Contains any computer codes or other software viruses, files designed to interrupt, destroy or limit the functionality of any computer resource;

Use of any unauthorized shall automatically terminate the permission or sub-license granted by the Company.

All users must register and log in on the Marketplace for placing orders. Related to your purchases from the Marketplace you need to keep all your account and registration data current and correct for all communications. The users agree by agreeing to the Terms of Use for receiving promotional or transactional communication and newsletters from the Company and its partners. The user can opt out from such communication by contacting the customer services team of Marketplace and placing a request for the same.

The Company the Company may collect the following personally identifiable information about you on the Marketplace as a part of the registration process including Name, age, address, email address, phone number and other contact information demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Marketplace you visit/access, the links you click on the Marketplace, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company ( www.smilekarts.com/privacy policy), which is incorporated in these Terms of Use by reference.

The Company always aims to ensure that prices of all products offered for sale are true and correct. However, the prices of definite products may not be current or may be inaccurate on account of typographical errors, technical issues, or incorrect product information provided to the Company by third-party seller. In each such case, the Company reserves the right to cancel the order without any further liability.

From time to time, the Company may offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Marketplace. Unless on the code or coupon stated, a promotional code or coupon shall:

1. Expire at 12:00 AM (inclusive of the issuance date) from the date of issuance endorsed thereon;

2. Have a maximum discount or cashback value of INR 50.00 only.

At the time of using promotional codes and coupons the payment mode “Cash on delivery” shall not be available for making payments towards the order.

You as a customer are not allowed to cancel the order once the order is placed. If during delivery, the customer refuses to accept the order, the items will be displayed in their cart. If the non-delivery occurs on account of mistake (wrong name or address or any other wrong information), any extra cost for redelivery shall be claimed from you. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders.

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