TERMS
OF SERVICE AGREEMENT
LAST REVISION: 25/03/2023
PLEASE READ THIS TERMS
OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service
Agreement (the "Agreement") governs your use of this website, https://www.smartrasoi.co.in
(the "Website"), Smart Rasoi POS ("Business Name") offer of
products for purchase on this Website, or your purchase of products available
on this Website. This Agreement includes, and incorporates by this reference,
the policies and guidelines referenced below. Smart Rasoi POS reserves the right to
change or revise the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on this Website. Smart Rasoi POS will alert
you that changes or revisions have been made by indicating on the top of this
Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the
Website following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. Smart Rasoi POS encourages you
to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This
Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Smart Rasoi POS for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please
immediately terminate your use of the Website. If you would like to print this
Agreement, please click the print button on your browser toolbar.
I.
PRODUCTS
Terms of Offer. This
Website offers for sale certain products (the "Products"). By placing
an order for Products through this Website, you agree to the terms set forth in
this Agreement.
Customer
Solicitation: Unless you
notify our third party call center reps or direct Smart Rasoi POS sales reps, while they are calling you,
of your desire to opt out from further direct company communications and
solicitations, you are agreeing to continue to receive further emails and call
solicitations Smart Rasoi POS and its designated
in house or third party call team(s).
Opt Out
Procedure: We provide 3
easy ways to opt out of from future solicitations. 1. You may use the opt out
link found in any email solicitation that you may receive. 2. You may also
choose to opt out, via sending your email address to: support@Smart Rasoi POS.com.
3. You may send a
written remove request to Smart Rasoi POS – Kajha Khurd, Near Ram Gopal Verma Instittute
Bara Gav, Dist- Mau, Uttar Pradesh, 276403.
Proprietary Rights. Smart Rasoi POS has proprietary rights and trade
secrets in the Products. You may not copy, reproduce, resell or redistribute any
Product manufactured and/or distributed by Smart Rasoi POS.
Smart Rasoi POS also has rights to all trademarks
and trade dress and specific layouts of this webpage, including calls to
action, text placement, images and other information.
Sales Tax. If you
purchase any Products, you will be responsible for paying any applicable sales
tax.
II. WEBSITE
Content; Intellectual
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites, about nutritional and dietary supplements. Smart Rasoi POS does not always create the
information offered on this Website; instead the information is often gathered
from other sources. To the extent that Smart Rasoi POS does create the content on this
Website, such content is protected by intellectual property laws of the India,
foreign nations, and international bodies. Unauthorized use of the material may
violate copyright, trademark, and/or other laws. You acknowledge that your use
of the content on this Website is for personal, noncommercial use. Any links to
third-party websites are provided solely as a convenience to you. Smart Rasoi POS does not
endorse the contents on any such third-party websites. Smart Rasoi POS is not
responsible for the content of or any damage that may result from your access
to or reliance on these third-party websites. If you link to third-party
websites, you do so at your own risk.
Use of Website; Smart Rasoi POS is not responsible for any damages resulting
from use of this website by anyone. You will not use the Website for illegal
purposes. You will (1) abide by all applicable local, state, national, and
international laws and regulations in your use of the Website (including laws
regarding intellectual property), (2) not interfere with or disrupt the use and
enjoyment of the Website by other users, (3) not resell material on the
Website, (4) not engage, directly or indirectly, in transmission of
"spam", chain letters, junk mail or any other type of unsolicited
communication, and (5) not defame, harass, abuse, or disrupt other users of the
Website
License. By using this
Website, you are granted a limited, non-exclusive, non-transferable right to
use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from Smart Rasoi POS or
the applicable third party (if third party content is at issue).
Posting. By posting,
storing, or transmitting any content on the Website, you hereby grant Smart Rasoi POS a
perpetual, worldwide, non-exclusive, royalty-free, assignable, right and
license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Smart Rasoi POS does
not have the ability to control the nature of the user-generated content
offered through the Website. You are solely responsible for your interactions
with other users of the Website and any content you post. Smart Rasoi POS is not
liable for any damage or harm resulting from any posts by or interactions
between users. Smart Rasoi POS reserves the right, but has no obligation, to monitor
interactions between and among users of the Website and to remove any content Smart Rasoi POS deems objectionable,
in MuscleUP Nutrition 's sole discretion.
III.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS
WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE
OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Smart Rasoi POS EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY
RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, Smart Rasoi POS MAKES
NO WARRANTY:
THAT THE INFORMATION
PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO
THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE,
OR TIMELY.
NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL
CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL
BE CORRECTED.
REGARDING ANY PRODUCTS
PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
IV.
LIMITATION OF LIABILITY
Smart Rasoi POS ENTIRE LIABILITY, AND YOUR EXCLUSIVE
REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE
AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE
WEBSITE.
Smart Rasoi POS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE
OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF
PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST
PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release,
indemnify, defend and hold harmless Smart Rasoi POS, and any of its contractors, agents, employees,
officers, directors, shareholders, affiliates and assigns from all liabilities,
claims, damages, costs and expenses, including reasonable attorneys' fees and
expenses, of third parties relating to or arising out of (1) this Agreement or
the breach of your warranties, representations and obligations under this
Agreement; (2) the Website content or your use of the Website content; (3) the
Products or your use of the Products (including Trial Products); (4) any
intellectual property or other proprietary right of any person or entity; (5)
your violation of any provision of this Agreement; or (6) any information or
data you supplied to Smart Rasoi POS.
When Smart Rasoi POS is threatened with suit or sued by a third party, Smart Rasoi POS may
seek written assurances from you concerning your promise to indemnify Smart Rasoi POS; your failure to
provide such assurances may be considered by Smart Rasoi POS to be a material breach
of this Agreement. Smart Rasoi POS
will have the right to participate in any defense by you of a third-party claim
related to your use of any of the Website content or Products, with counsel of Smart Rasoi POS
choice at its expense. Smart Rasoi POS will reasonably cooperate in any defense by you
of a third-party claim at your request and expense. You will have sole
responsibility to defend Smart Rasoi POS against any claim, but you must receive Smart Rasoi POS
prior written consent regarding any related settlement. The terms of this
provision will survive any termination or cancellation of this Agreement or
your use of the Website or Products.
VI.
PRIVACY
Smart Rasoi POS believes
strongly in protecting user privacy and providing you with notice of MuscleUP
Nutrition 's use of data. Please refer to Smart Rasoi POS privacy policy, incorporated
by reference herein, that is posted on the Website.
VI.
AGREEMENT TO BE BOUND
By using this Website
or ordering Products, you acknowledge that you have read and agree to be bound
by this Agreement and all terms and conditions on this Website.
VIII.
GENERAL
Force Majeure. Smart Rasoi POS
will not be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation.
Smart Rasoi POS may at any time, in its sole
discretion and without advance notice to you, cease operation of the Website
and distribution of the Products.
Entire Agreement. This
Agreement comprises the entire agreement between you and Smart Rasoi POS and supersedes any prior agreements
pertaining to the subject matter contained herein.
Effect of Waiver. The
failure of Smart Rasoi POS to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Agreement remain in full force
and effect.
Governing Law; Jurisdiction. This
Website originates from the Mau. This Agreement will be governed by the laws of
the State of Uttar Pradesh without regard to its conflict of law principles to
the contrary. Neither you nor Smart Rasoi POS will
commence or prosecute any suit, proceeding or claim to enforce the provisions
of this Agreement, to recover damages for breach of or default of this
Agreement, or otherwise arising under or by reason of this Agreement, other
than in courts located in State of Uttar Pradesh. By using this Website or
ordering Products, you consent to the jurisdiction and venue of such courts in
connection with any action, suit, proceeding or claim arising under or by
reason of this Agreement. You hereby waive any right to trial by jury arising out
of this Agreement and any related documents.
Statute of Limitation.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Website or Products or
this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Waiver of Class Action
Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT
YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION
OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Smart Rasoi POS
reserves the right to terminate your access to the Website if it
reasonably believes, in its sole discretion, that you have breached any of the
terms and conditions of this Agreement. Following termination, you will not be
permitted to use the Website and Smart Rasoi POS may,
in its sole discretion and without advance notice to you, cancel any
outstanding orders for Products. If your access to the Website is terminated, Smart Rasoi POS reserves the right to exercise whatever
means it deems necessary to prevent unauthorized access of the Website. This
Agreement will survive indefinitely unless and until Smart Rasoi POS chooses, in its sole discretion and
without advance to you, to terminate it.
Domestic Use. Smart Rasoi POS makes
no representation that the Website or Products are appropriate or available for
use in locations outside India. Users who access the Website from outside India
do so at their own risk and initiative and must bear all responsibility for
compliance with any applicable local laws.
Assignment. You may not assign your rights and
obligations under this Agreement to anyone. Smart Rasoi POS may assign its rights and obligations
under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Smart Rasoi POS is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Smart Rasoi Pos app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Smart Rasoi Pos app won’t work properly or at all.
The app does use third-party services that declare their Terms and Conditions.
Link to Terms and Conditions of third-party service providers used by the app
You should be aware that there are certain things that Smart Rasoi POS will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Smart Rasoi POS cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Smart Rasoi POS cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Smart Rasoi POS cannot accept responsibility.
With respect to Smart Rasoi POS’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Smart Rasoi POS accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android – the requirements for the system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Smart Rasoi POS does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2024-01-28
Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at 9366733002.