Terms of Sale
Welcome to SmartMesh Technologies Private Limited. (together with parent company, subsidiary companies, hereinafter referred to as “SmartMesh” “We,””Us,” or “Our,” as the case may be). Any purchase of SmartMesh products (“Products”) and/or SmartMesh subscription services (“Subscription Services”) by any customer (hereinafter referred to as “Customer,” “You,” “Your,” as the case may be) from the Store, our Apps, chain stores, retails stores or any other channels constitutes your agreement to be bound by these Terms & Conditions of Sale (“Terms & Conditions”) and any additional terms we provide, including but not limited to our Terms of Service and the terms of the Limited Warranty included in-box with any SmartMesh Product.
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS AND/OR SUBSCRIPTION SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Store. Every time you order Products from SmartMesh, the Terms & Conditions in force at that time will apply between you and SmartMesh. If you purchase our Subscription Services, we will notify you in the event we make changes to these Terms & Conditions that affect your subscription. If you have any questions regarding these Terms & Conditions, you can contact us (subject to change).
Please read these terms carefully. As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your country or jurisdiction. Nothing in these Terms & Conditions will affect those other legal rights.
Although the Product and Subscription Services are accessible worldwide, the Products and Subscription Services offered are not designed and tested for use in all countries. We customise the package based on each different country (a “Target Country”); generally, products are applicable in the country or region where the product and Subscription service are offered, please consult with your consultant if you are not sure. If you choose to access the Store or other channels to purchase the Product and Subscription service and/or use the Products and Subscription Services outside the Target Country, as applicable, you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store and the Products and Subscription Services are not designed for use in a non-Target Country and some or all of the features of the Store, Products and Subscription Services may not work or be appropriate for use in such a country. To the extent permissible by law, SmartMesh accepts no responsibility or liability for any damage or loss caused by your access or use of the Store, Products and Subscription Services in a non-Target Country.
You acknowledge that you have verified the compatibility of the Products you are purchasing with other equipment in your home-system. You are solely responsible for determining such compatibility, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund.
2. Reservations and Pre-Orders.
Products available for reservation and pre-order are not offered for sale by SmartMesh. Your placement of a reservation and pre-order does not create a contract for sale.
By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to SmartMesh to purchase the Product subject to these Terms & Conditions. SmartMesh will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several days or weeks before a charge is actually made.
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. Later, when the Product is offered for sale, SmartMesh may accept your offer to purchase Products subject to these Terms & Conditions. At that time, SmartMesh will capture payment on the payment card you provided and ship your Product. SmartMesh may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.
SmartMesh reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
3. Availability and Pricing.
All Products offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products and/or Subscription Services without prior notice. Prices for the Products and Subscription Services are subject to change at any time, but changes will not affect any order for Products you have already placed. In the event we change the pricing for any Subscription Service you have purchased, we will give you advance notice of this change in accordance with section 16 (Notifications). After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in section 4(d) above.
4. Goods and Services Tax.
Depending on the order, SmartMesh calculates and charges goods and services tax (GST) in accordance with applicable laws.
5. Resale and Title Transfer.
Purchases made on the Store are intended for end users only, and are not authorised for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by SmartMesh to the freight carrier, but SmartMesh and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
6. Shipping and Delivery.
Prices for the Products include all shipping costs. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
The Products available on the Store have been designed, marketed and sold for use by residents of the India, AS APPLICABLE. All safety warnings, information, instructions, packaging, in-box materials, mobile apps, and support services are provided only in English (India). The Products available on the Store are not intended for use outside of India, AS APPLICABLE. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
7. Returns for Refund.
For products, please refer to the terms of the Limited Warranty included in-box with any SmartMesh Product., you can also find it by visiting our website: www.smartmesh.tech ; For the Subscription Service, please find it in FAQs section and/or Cloud storage plan section on the portal of our App and links we may advise.
8. Warranties and Disclaimers.
As far as permitted by applicable law, the Store, and all content available on the Store, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All products and services purchased through the Store are provided on an “as-is” basis unless otherwise noted in the Limited Warranty included with a Product. With respect to SmartMesh Products, you may choose whether to make a claim under these Terms & Conditions or the Limited Warranty or both, but you may not recover twice in respect to the same loss. To initiate a return under the Limited Warranty for your SmartMesh Product, you should contact us.(subject to change).
You use any Products or Subscription Services at your own discretion and risk. You will be solely responsible for (and SmartMesh disclaims) any and all loss, liability or damages resulting from your use of a Product and/or Subscription Service, including damage or loss to your HVAC system, plumbing, home, Product, other peripherals connected to the Product, computer, mobile device, and all other items and pets in your home. Unless explicitly promising a “guarantee,” SmartMesh does not guarantee or promise any specific level of energy savings or other monetary benefit from the use of a Product and/or Subscription Services or any feature of them. Actual energy savings and monetary benefits vary with factors beyond SmartMesh’s control or knowledge.
SmartMesh gives no warranty regarding the life of the batteries used in a Product. Actual battery life may vary depending on a number of factors, including the configuration and age of a Product.
9. Limitation of Liability.
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) SMARTMESH BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS OR SUBSCRIPTION SERVICES, EVEN IF SMARTMESH KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) SMARTMESH’s TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SUBSCRIPTION SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO SMARTMESH OR SMARTMESH’s AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. SMARTMESH DISCLAIMS ALL LIABILITY OF ANY KIND OF SMARTMESH’s LICENSORS AND SUPPLIERS.
10. Data Protection.
11. Electronic Communications.
You are communicating with SmartMesh electronically when you use the Store or send email to SmartMesh. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about SmartMesh’s products and services unless you opt-out of such emails using the opt-out link in the emails.
SmartMesh may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your SmartMesh account, hard copy, or posting of such notice on the SmartMesh website. SmartMesh is not responsible for any automatic filtering you or your network provider may apply to email notifications.
13. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, embargo, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14. Protection of Confidentiality and Intellectual Property Rights.
Notwithstanding the foregoing, SmartMesh may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
If any part of these Terms & Conditions becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
The obligations in Sections 8,9, 10, and 11 through 18 will survive any expiration or termination of these Terms.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
18. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of India without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree that any claim to interpret or enforce the provisions of these Terms of Service shall be brought exclusively within a court of competent jurisdiction, state or federal, in India.