The website (www.smartmesh.tech) “Site”, our “App” (SmartMesh Connect), our products and Services are operated, or offered by SmartMesh Technologies Private Limited, “SmartMesh”. Throughout the Site and this Terms of Service the terms “we”, “us” and “our” refer to SmartMesh. SmartMesh offers this Site and the Products and Service, 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 herein (“Terms of Service” or “Terms”). Please read them carefully.
These Terms of Service apply to all users of our website(s), products, services, subscription services, mobile applications and other software (each a “Service” or “Services”), including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content; these Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by SmartMesh. SmartMesh reserves the right to make changes to this Site and these Terms and Conditions at any time. By visiting, browsing, shopping, accessing or otherwise using the Site after a change has been posted to the Site, you accept that change. Users of the Site should check these Terms of Service frequently.
ACCEPTANCE OF CONTRACT TERMS
By visiting, browsing, shopping, accessing or otherwise using this site, you acknowledge that you have read, understood, and agree to be bound by these terms and condition and comply with all applicable laws and regulations, including Indian export and re-export control laws and regulations. If you do not agree to these terms and conditions as they may be changed by SmartMesh from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, India copyright law and international treaties.
If you do not agree to all of these Terms of Service, then you may not access the Site or use any Service. If these Terms of Service are considered an offer, then acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site 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.
USER REPRESENTATIONS AND INFORMATION
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 dependants to use this site.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. SmartMesh does not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us.
GENERAL TERMS AND CONDITIONS
You may not use our products, this Site or the Services for any illegal or unauthorised purpose nor may you, in the use of our products, this Site or the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services. 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 this Site or the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site or concerning the Products 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 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.
MODIFICATIONS TO THE PRODUCTS, SERVICES AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (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 any of the Services.
ACCESS TO SITE AND SERVICES; LIMITED LICENSE
Subject to the terms of these Terms of Service, SmartMesh grants to you a limited and nonexclusive license (without the right to sublicense) to (1) access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it and (2) execute one (1) copy of the Product software (as such software may be made available by SmartMesh), solely on the Product that you own or control and solely for use in conjunction with the Product for your personal, non-commercial purposes.
Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein is prohibited. Collection or use of any Product listings, descriptions, or prices, from the Site for any purpose other than personal use is prohibited. Any user action that otherwise interferes with the proper and timely functioning of the Site is prohibited. Any unauthorized use terminates the license granted herein.
Fees and Payment
You acknowledge and understand that certain Services may be provided for a fee. In that case, you shall pay all applicable fees in connection with the Services selected by you in accordance with the Sales Terms.
PRODUCTS AND SERVICE
Certain Products or Services may be available exclusively online through the Site. 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 colours and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour 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 any time without notice, at the sole discretion of SmartMesh. We reserve the right to discontinue any Product or Service 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 Services will be corrected.
THIRD PARTY PRODUCTS AND SERVICES
THIRD PARTY TOOLS
In connection with the Products and Services, we may provide you with access to various third-party tools created by third parties to SmartMesh (“Third Party Tools”) over which we neither monitor nor have any control over nor input. You acknowledge and agree access to all Third Party Tools is on an “as is” and “as available” basis and without any warranties, representations or conditions of any kind from SmartMesh and without any endorsement by SmartMesh.
You acknowledge, agree and understand that your use of all Third Party Tools is entirely at your risk and that SmartMesh shall have no liability whatsoever arising from or relating to your use of the Third Party Tools. You should ensure that you are familiar with and approve of the terms on which Third Party Tools are provided by the relevant third-party provider(s).
Certain content, Products and Services available through this Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with SmartMesh. We are not responsible and disclaim all responsibility for examining or evaluating the content or accuracy; 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.
Certain materials may be displayed or performed in connection with the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations (“Content”). If without a request from us you send Content, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Submissions”).
We are and shall be under no obligation (1) to pay compensation for any User Submissions; or (2) to respond to any User Submissions. We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your User Submissions 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 User Submissions will not contain libellous 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 Services or the Site. 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 User Submission. You are solely responsible for any User Submission you make and its accuracy. We take no responsibility and assume no liability for any User Submission posted by you or any third-party.
Some User Submissions consisting of Content may be visible to others (for example, the Services may allow you to upload, post, or otherwise share video Content). You are solely responsible for all Content and other User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services. You represent and warrant that you have all rights necessary to use the Content that you submit and in the manner in which you contribute it; and you license to SmartMesh all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Site and in connection with the Services pursuant to these Terms.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (1) without the express prior written consent of the respective owners, and (2) in any way that violates any third party right. SmartMesh reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence).
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 of Products 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.
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 on the Site or related to the Products or Services 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 with respect to the Products or Services or on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied with respect to the Products, Services or on the Site, should be taken to indicate that all information with respect to the Products, Services or on the Site has been modified or updated.
SmartMesh may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product software (“Updates”). You may receive a notice for Updates when you use the Services. It is at your discretion to agree and update the software when such notice of an Update is received. Updates will not be automatically installed without receiving your consent as required. If you do not want such Updates, in most cases there will be no problem for you to continue using the Services, although it is highly suggested that you agree to use such Updates to get a better feature or performance experience of the Products or Services. Your use of an Update or of the Services and the Product is your agreement to these Terms of Services.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (1) for any unlawful purpose; (2) to solicit others to perform or participate in any unlawful acts; (3) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) to submit false or misleading information; (7) 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 Services, the Site or of any related website, other websites, or the Internet; (8) to collect or track the personal information of others; (9) to spam, phish, pharm, pretext, spider, crawl, or scrape; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Site, Products, Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, Services or any related website for violating any of the prohibited uses.
You agree not to, and you will not permit others to, (1) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Services or make the Services available to any third party, (2) copy or use the Services for any purpose other than as permitted herein, (3) use any portion of the Services on any device or computer other than the device or computer that you own or control, (4) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Products or the Services, or (5) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Products or Services (except to the extent applicable laws specifically prohibit such restriction for interoperability purposes, in which case you agree to first contact SmartMesh and provide SmartMesh an opportunity to create such changes as are needed for interoperability purposes). You may not release the results of any performance or functional evaluation of any of the Services to any third party without prior written approval of SmartMesh for each such release.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE OR SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SITE OR SERVICES (OR ANY SERVICE) AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND SERVICES 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.
ALTHOUGH THE SITE IS ACCESSIBLE WORLDWIDE, THE PRODUCTS AND SERVICES PROVIDED OR ACCESSED THROUGH OR ON THE SITE ARE NOT AVAILABLE TO ALL PERSONS OR IN ALL COUNTRIES. IF YOU CHOOSE TO ACCESS THE SITE FROM OUTSIDE A COUNTRY IN WHICH SmartMesh SUPPORTS THE PRODUCT AND SERVICES (“TARGET COUNTRY”), 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 SITE IS NOT DESIGNED FOR USE IN A NON-TARGET COUNTRY AND SOME OR ALL OF THE FEATURES OF THE SITE 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 ACCESSING OR USE OF THE SITE OR SMARTMESH PRODUCTS IN A NON-TARGET COUNTRY. YOU WILL BE BOUND BY THESE TERMS WHEREVER YOU ACCESS OR USE THE SITE OR USE THE SERVICES.
IN NO CASE SHALL SMARTMESH, ITS 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 (INCLUDINGS NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES 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 SITE OR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, 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.
You agree to indemnify, defend and hold harmless SmartMesh and its 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.
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.
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; accordingly, we may deny you access to our Site and Services (or any part thereof).
The failure of SmartMesh 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 Services constitutes the entire agreement and understanding between you and us and governs your use of the Site and Services, 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.
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 India applicable to contracts made and performed wholly within India, without giving effect to the choice of law provisions thereof. 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.
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 Site. It is your responsibility to check our Site periodically for changes. Your continued use of, or access to, our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]