Terms & Conditions
Terms and Conditions:
Details about the company:
Smart Nirmal (SN) is the owner of the brand Smart Nirmal, the website www.smartnirmal.in, App and WebApp (service.smartnirmal.in). The privacy policy and the terms and conditions give concise information about the way in which your data and information are collected and used for SN.
As a visitor to this site, you are advised to go through the complete privacy policy and the terms and conditions. It must be noted that by accessing the website and services provided on the site, you agree to the collection and use of your data by SN, and you also agree to the terms and conditions.
Overview of the services:
During the registration process, SN will collect certain personal information about you. This includes your complete name that is your first name and last name. Your alternate email address, your mobile number, and contact information. Demographic information, which includes your age, gender, occupation, education, etc. is also collected. It must be noted that basically, SN is only collecting identifiable and distinguishable data from you.
The browsing information of the visitor will be collected from the pages on the site that you visit, the links that you access on the site, the number of times the visitor accesses the page, etc.
A look at the eligibility aspect:
It must be noted that the services of this site are available for only certain geographical areas of India. The people who are not eligible to use the site include persons who are “incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc.
Minors who are less than 18 years of age but are at least 13 years of age can use the site but only under the supervision of a parent or legal guardian who agrees to be bound to terms and conditions of SN.
If you are less than 18 years of age and if your parents or legal guardians are registered users of the site, then your parents or legal guardians are eligible to transact on your behalf. It must be noted that minors cannot purchase any material/goods that are for adult consumption and the sale of which is prohibited to minors.
Details about License and site access:
SN grants access to the users to limited access to make personal use of the site, but the User is strictly not allowed to download or modify the site or any portion of the site. The User is also not allowed to do resale or commercial use of the content of the site. The site or any portion of the site should not be copied or reproduced, duplicated or resold.
The User cannot use the trademark or the logo or any other proprietary information of the site or of SN or of its affiliates. Meta tags or any other hidden text in the site or of SN cannot be used. Any unauthorised use will lead to termination of granted permission or the granted License of SN.
Regarding the account and registration obligations:
All the shoppers who want to shop on the site will have to complete the registration process and will have to log into the account. The User must furnish correct and current communication and registration details.
By agreeing to the terms and conditions, the shopper agrees to receive promotional material, promotional communication, and newsletters upon registration.
Pricing factor:
All the products that are listed on the App/Web app directly decided by the store owners. SN don’t involve in pricing fixation, rather it charges certain commission to the store owners. It is up to store owners how they decide pricing on App.
The prices of most of the products may remain constant. However, there will be fluctuations in the prices of some of the products and goods on a daily basis. In case the prices are higher or lower on the date of delivery, store owner informs to the customers and charge/refund accordingly.
Regarding Cancellation by Site/Customer:
Customer can not cancel the order once it is confirmed by the store owner and starts for processing. If the customer has made any payment for the order that he is cancelling before the food processing starts, then the money shall be refunded either through gpay/phone pay immediately or 7 days through Razor pay.
If we are suspicious that there is a fraudulent transaction or a transaction that is not in line with the terms and conditions, then at our sole discretion, we shall cancel such orders. Such fraudulent customers will be denied access, and we shall cancel any orders placed by them.
About returns and refunds policy:
We follow the no questions asked return and refund policy by which the customer can return any grocery product that they have ordered at the time of delivery if due to any reason they are not satisfied with the product quality. The product will be taken back by us, and a credit note for the same will be issued. The amount will be credited to your account on the site, and you can use the credit amount to pay your next shopping invoice on the site.
For Food orders, we provide replacements most times if the food really in contaminated and confirmed by the store owners and customer handover the same product with 90% of food quantity. For such issues, store owners will provide refunds if necessary.
It will Take 7 working days of time to Credit your refund amount into your account
Here is what you agree and confirm:
If there is a delay in the delivery due to the customer ( wrong address, wrong information, etc.), the additional cost incurred for the product's redelivery will be paid by the customer.
The customer will use the services provided by this site, its affiliates, consultants, etc. for lawful reasons only.
The customer has to always provide correct information on the site. If SN finds that whole or part of the information is incorrect, then it has a complete authority to cancel the registration and debar the User from using its services and its affiliates. It is not bound to provide any prior information about the same.
You give full authority to SN to contact you for any transaction related purpose of your order or account.
The User agrees to use the site and transact on the site on his own risk.
The User agrees that the address where the delivery has to be made is correct in all respects
The User agrees to check the product description of the product before placing the order. Placing of the order for a product means that the User agrees to the conditions of sale of the product that is included in the item’s description.
The site cannot be used for the following purposes:
- Distributing any unlawful, harassing, libellous, abusive, offensive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
- Circulating and transmitting material that breaches any applicable laws or regulations and code of practice.
- Gaining of unauthorised access to other computer systems or interfering with other person’s use of the site
- Breaching any laws and regulations
- Interference or disruption of networks or websites that are connected with this site
- Use, copying or storing in any form any copyrighted material without the permission of the owner.
Colours factor:
We have put in best efforts to display accurate colours of the products on the site. However, the colour will depend on the monitor that the User uses, and we hold no responsibility for the same.
Regarding modification of terms and conditions of the service:
SN can modify the terms and conditions of the service at any time and without any prior notification. The User must go through the terms and conditions every time the User accesses the site. If he does not agree with the latest terms and conditions, he may not continue using the website and the services. However, if the User continues to use the website and the services, then it will mean that the latest terms and conditions of service are acceptable to the User and that the User will abide by the latest modified terms and conditions.
About governing law and jurisdiction:
This User Agreement shall be interpreted in agreement with the applicable laws of India. Any dispute or difference either in understanding or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by SN and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be held in the place decided by SN.
Regarding reviews and feedbacks:
Any feedback, submissions, reviews, comments, suggestions, ideas, etc. to the site or on the site or with reference to the site's use will be the property of SN. Any comments, feedback, suggestions, etc., can be used by SN at its sole discretion, without any restrictions and without compensating you in any way.
It is not obligatory for SN to reply to any comments, or pay any compensation for the comments or maintain any confidentiality of the comments. Any comments that are mentioned by the User on the website must not violate any policies, terms, and conditions.
Your comments must not contain any illegal, intimidating, daunting, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
SN reserves the right to monitor, edit, and remove any comment. You shall make use of the correct email id and has not impersonated anyone else and shall not mislead SN in any way. SN does not take any responsibility or liability for any comments submitted by you or any other third party.
About copyright and trademark:
Any type and form of material, technology, process, products, content, etc. that appears on this website is the sole property of SN. All copyright and trademarks of this website are with SN. Any form of unauthorised use of these by anyone without the consent of SN is strictly prohibited. SN has the complete authority to take stringent legal action against anyone who makes unauthorised use of their copyright and trademark material or intellectual property of the website.
The compilation of all the material of this website is the exclusive property of SN and is protected by Indian and International laws.
Objectionable material:
While using the website or services provided by this website, a user may deem some material as objectionable, offensive, or indecent. The User agrees to use the site at his own risk. SN and its affiliates will have no liability of the content that the User deems to be objectionable, offensive, or indecent.
About Indemnity:
SN and its employees, directors, officers, agents and their successors are not liable for any liabilities, claims, losses, damages, expenses including attorney fees that may arise as a result of any action or inaction or in relation to the non-fulfilment of any of the obligations under this User Agreement or arising out of the violation of any applicable laws, regulations, etc. This section will survive the expiry or termination of this user agreement.
Termination of user agreement:
This user agreement will remain effective unless and until it is terminated by SN or by you. If you terminate the user agreement, then you shall no longer use the website and services. SN can terminate the user agreement at any time without any prior notification, and accordingly, SN can deny you access to the site. The termination of the user agreement will not have any liability on SN.
On termination of the user agreement by you or by SN, you will immediately have to destroy any materials and its copies of the material that you may have downloaded or obtained from this site. The termination of the user agreement will not cancel your obligation to pay for the product that you have already ordered from the website. The termination of the user agreement will not affect any liability that may have come up under the user agreement.