TERMS OF USE - SMK Helmets

TERMS OF USE


Effective date: November 07, 2022
Last revised: November 07, 2022

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. ABOUT THE WEBSITE

Welcome to smkhelmts.com. The Website is owned and operated by Studds Accessories Limited, (hereinafter or “us” or “we” or “our”), with its registered office located at Plot No. 918, Sector 68, IMT, Faridabad-121004, India. Users (hereinafter “you” or “your”) may be accessing our Website from a computer or mobile phone device (through an iOS or Android, for example) and these Terms of Use (hereinafter “Agreement”) along with the Privacy Policy (collectively “Policies”), as modified and amended from time to time, shall govern your use of our Website and your conduct, regardless of the means of access.

By clicking “I accept”, or otherwise by mere accessing or using the Website, or any portion thereof, you acknowledge and agree that you have read, understood and agreed to be bound by this Agreement and the Policies. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years. If you do not agree to any of the terms enumerated in this Agreement or the Policies, please do not use the Website.
The Website is not an online store which carries out sale the products. The Website is only to be used for viewing of product(s) for your personal non-commercial use and information. (“Services”)
We reserve the unilateral right to change the particulars contained in this Agreement and/or the Policy(s) from time to time and at any time, without notice to you and in our sole discretion. If we decide to change this Agreement and/or Policy(s), we will post the new version of the
Agreement and/or the Policy(s) on the Website and update the date specified above. Any change or modification to the Agreement and/or the Policy(s) will be effective immediately from the date of such upload of the Agreement and/or the Policy(s) on the Website. Your continued use of the Website following the modifications to the Agreement and/or the Policy(s) constitutes your acceptance of the modified Agreement and/or the Policy(s) whether or not you have read them. For this reason, you should frequently review this Agreement and any other applicable Policies, including their dates, to understand the terms and conditions that apply to your use of the Website.
2. ACCOUNT CREATION
In order to avail certain Services from the Website, you may register for an account (“Account”). You guarantee that: (a) all required registration information you submit in connection with your registration is truthful and accurate; and (b) you will maintain the accuracy of such information.

If you use the Website, you shall be responsible for all your activities and actions. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your Account on the Website and refuse to provide You with access to the Website.

You accept full responsibility of any conduct or activities that are committed through your Account while using our Services and for any consequences thereof. You agree to immediately notify us of any unauthorized use or suspected unauthorized use, of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are advised to not share your Account details with respect to your Account with anyone. We reserve the right to remove or reclaim any username at any time and for any reason whatsoever. You agree not to create an Account or use the Services without our prior written consent in case you have been previously removed by us.

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

3. YOUR CONDUCT
You must not use the Website in any way that causes, or is likely to cause, the access to Website damaged, interrupted, or impaired in any way. You understand that you, and not we, are responsible for all communications sent from your computer. You shall always use the Website strictly for lawful purposes only.

You may post reviews, comments, communications, suggestions, ideas, comments, questions, or other information, as long as the content is permissible under law.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulation

4. ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that would damage the Website, Services or our general business.
  1. You further agree not to use the Website or Services:
    • To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
    • To violate Our IP (defined later) or intellectual property rights of any third party;
    • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
    • To perpetrate any fraud;
    • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
    • To publish or distribute any obscene defamatory material;
    • To publish or distribute any material that incites violence, hate or discrimination towards any group;
    • To unlawfully gather information about others.
    • In a manner that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • In a manner that is misleading in any way;
    • In a manner that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
    • To refer to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
    • To impersonate any other person;
    • In a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
    • To threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  2. You are prohibited from using this Website or its contents:
    • for any unlawful purpose;
    • to solicit others to perform or participate in any unlawful act;
    • to infringe on any third party’s intellectual property or proprietary right or right of publicity or privacy, whether knowingly or unknowingly;
    • to violate any local, federal or international law, statute, ordinance or regulation;
    • to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • to submit false or misleading information or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or photographic, or exploits minors in any way or assist in human trafficking or content that would violate rights of publicity and all policy that would violate any law;
    • 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 or of any related Website, other websites, or the internet;
    • to collect or track the personal information of others;
    • to damage, disable, overburden, or impair the Website or any other party’s use of Website
    • to spam, phish, pharm, pretext, spider, crawl, or script
    • for any obscene or immoral purpose; or
    • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
    • to personally threaten or has the effect of personally threatening other users.
    • to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
    • To attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
    • To probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
We reserve the right to terminate your use of Services or any related website for violating any of the prohibited uses. The company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by you or other user of the Website and you are solely responsible for the same. You agree that you shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).

We reserve the right, but have no obligation, to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.

Please be advised that such Content posted by other Users does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

5. COMMUNICATION

You understand that each time you use the Website in any manner, you agree to this Agreement. By agreeing to this Agreement, you acknowledge that you are interested in availing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about Products and Services offered by the Website and understanding your requirements.

6. USER PRIVACY
Please review our Privacy Policy at [ENTER LINK], this policy also governs your visit to our Website. The personal information/ data provided by you during usage of Services shall be treated/ dealt with in accordance with the Privacy Policy and applicable laws and regulations in India.
7. INTELLECTUAL PROPERTY
You agree that the Website and Services provided by us are our property, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Our IP”). You agree that we own all right, title and interest in and to Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from us
8. THIRD PART LINKS AND CONTENT

We may occasionally post links to third-party websites or other services (Third Party Content). You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to our Website.

The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by us or the providers of the Third Party Content as to its accuracy, completeness, timeliness.

You agree not to hold us or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. By using any Third Party Content, You may leave this Website and be directed to an external website, or to a website maintained by an entity other than us. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. We make no warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use Our IP or any of its affiliates or subsidiaries.

You hereby expressly acknowledge and agree that the linked sites are not under the control of the Company and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by us in any manner of the website

9. REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
  2. Violate the security of the Website or Services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10. INDEMNITY AND RELEASE
You agree to defend, indemnify and hold us harmless and our respective, officers, directors, agents, and employees, from and against any claim, liabilities, or demands, losses, costs and expenses including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (b) the Website content or your use of the Website content; (c) the Products or your use of the Products; (d) any intellectual property or other proprietary right of any person or entity; (e) your violation of any provision of this Agreement; or (f) any information or data you supplied to us. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We 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 our choice at its expense. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
11. LIMITATION OF LIABILTY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT; (2) ANY LOST PROFITS YOU ALLEGE.
12. PROFANITY POLICY
We prohibit the use of language that is racist, hateful, sexual or obscene in nature in a public area. This policy extends to your Submissions, reviews and all other areas of the Website that another User may view. Please report any violations of this policy for review. If a feedback comment; or any communication made between Users on the Website; or email communication between Users contain profanity, please review Our feedback removal policy and submit a request for action/removal.
13. DISCLAIMER

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on “As Is” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your need or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as result of the loss of your data from your use of the Website or Service is your sole responsibility and that we are not liable for any such damage or loss. All information, Products, Services and related graphics provided on this Website is “as is” and “as available” basis without warranty of any kind, either expressed or implied. The Website disclaims all warranties, expressed or implied, including without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement arising from a course of dealing, usage, or trade practice. We make no representation about the suitability of the information, Products and Services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such product or services.

We make no warranty that the use of Website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that use of the Website is at your own risk. The Website shall not be responsible for any content found on the Website.

Your use of any information or materials on this Website or otherwise obtained through use of this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Products, Services or information available through this Website meet your specific requirements.

There may be instances when incorrect information is published inadvertently on our Website or in the Services such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update the information or cancel orders if any information in the Service or on our Website is inaccurate at any time without prior notice.

You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the website or any of the information provided by you cannot be hacked by any unauthorised third party. You specifically agree that the Website shall not be responsible for unauthorised access to or alteration of your transmission or data any material or data sent or received or not sent or received, or any transactions entered into through the Website.

You hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorised access to the Website by third parties or for any such use of information provided by you or any spam messages or information that you may receive from any such unauthorised third party (including those which are although sent representing the name of the Website but have not been authorised by the Website) which is in violation or contravention of this Agreement or the Privacy Policy.

In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the Website or related services, the provision of or failure to provide Services, or to deliver the Products or for any information, Products, Services and related graphics obtained through the Website or otherwise arising out of the use of Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages.
14. NOTICE
If you believe that your rights are being infringed, you may provide relevant information to grievance officer, upon receipt of information we
 
may take certain actions which are taken without any admission as to liability and without prejudice to any of our legal rights, remedies, or defences.

You shall provide following information to Grievance Officer:

Name:
Address:
Mobile/ Telephone:
E-Mail:

Detailed description of where the information that you claim is infringing your rights is located on the Website:
Any other relevant information which you may wish to provide:

15. TERMINATION

This Agreement is effective unless and until terminated by either you or us.

You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. We may terminate the Agreement at any time and may do so without notice, and accordingly deny you access to the Website, such termination will be without any liability to the Website.

16. FORCE MAJEURE EVENT

Force Majeure Event shall mean any event or circumstances or a combination occurring in India set out hereunder, which affect or prevent us from performing our obligations: such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.

Our failure to fulfil any obligations hereunder shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from a Force Majeure Event.

17. GENERAL
  • LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in English language.
  • ENTIRE AGREEMENT: Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
  • SEVERABILITY: If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Warranty, Disclaimers and Liability Limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
  • MODIFICATION/ ALTERATION TO THIS AGREEMENT: We reserve the right to make changes to our Website, Policies, and this Agreement at any time without any prior notification to you. You will be subject to the Policies and this Agreement in force at the time that you use the Website or that you order Products from us, unless any change to those Policies or this Agreement is required to be made by law or government authority (in which case it will apply to orders previously placed by you). You can access the latest version of these terms & conditions at any given time on the Website. You should regularly review the terms & conditions on the Website. In the event the modified terms & conditions are not acceptable to you, you should discontinue using our Website. However, if you continue to use, you shall be deemed to have agreed to accept and abide by the modified terms & conditions of this Website.
  • WAIVER: Our failure to enforce at any time or for any period any one or more of the terms of the Agreement shall not be a waiver by us of them or of the right any time subsequent to enforce all terms and conditions of this Agreement.
  • HEADINGS: The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement and/ or Policy(s) in any manner whatsoever.
  • RELATION: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
  • GOVERNING LAW AND JURISDICTION: This Website originates from the Faridabad, Haryana. Through your use of the Website or Services, you agree that the laws of India shall govern any matter or dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions, In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Faridabad, India. The Parties agree that this provision is not permissive, but rather mandatory in nature. You hereby waive the right to any conveniens or similar doctrine.
  • ASSIGNMENT: You may not assign your rights and obligations under this Agreement to anyone. We may assign our rights and obligations under this Agreement in our sole discretion and without advance notice to you.
  • CONTACT US: Please direct any questions you may have about the Website, the Services, or this Agreement to privacy@smkhelmets.com, with a subject line of “Website Question”. The foregoing contact information may change from time to time by supplementation, amendment, or modification of this Agreement.
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