The portal www.bsmartstore.com and its corresponding mobile application (collectively, “BSmartstore ”), is managed and operated by BSmart Store (“ BSmartstore”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses BSmartstore in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on BSmartstore (“Service ”) will be subject to these terms and conditions for use of BSmartstore (“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access BSmartstore. If you are a minor i.e. under the age of 18 years, you may use BSmartstore only with the involvement of a parent or guardian.
In order to use BSmartstore and avail the Services, you will have to register on BSmartstore. Registration is a one-time process and is free of cost. You may register in one of the following ways:
You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your BSmartstore account at any time.
Your credentials shared by you at the time of registration and your BSmartstore login ID and password are referred to as “ Account Information”.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘Your Account’ area of the website.
You will: (a) immediately inform BSmartstoreof any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. BSmartstorewill not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to BSmartstore or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to BSmartstore, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on BSmartstore, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (e) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy; or (f) directly or indirectly threaten to or cause harm to the brand image of BSmartstore on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to BSmartstore and / or its employees / or its agents.
You understand that once you have shared your Account Information and successfully registered on BSmartstore, you may receive SMS or email notifications from BSmartstorerelating to your registration and transactions on BSmartstore.
You may also receive such notifications regarding any marketing / promotional activities that maybe available on BSmartstore from time to time. By sharing your Account Information and registering on BSmartstore and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from BSmartstore at any time by following the instructions set out in such communications.
BSmartstore may also send notifications and reminders with respect to the Services on BSmartstore. While BSmartstore endeavors to provide these notifications and reminders to you promptly, BSmartstore does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
During the course of your registration on and usage of BSmartstore or availing the Services, BSmartstore may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
BSmartstore respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, BSmartstore has formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access BSmartstore or avail the Services
BSmartstore will try to make access to and use of BSmartstore error-free and without interruptions. However, your access to BSmartstore may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on BSmartstore. BSmartstore does not take responsibility for any access or usage problems that arise from internet related issues at your end.
All information in relation to third parties, including sellers and the products listed by them on BSmartstore (“ Third Party Information”) are provided only for reference. BSmartstore, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
BSmartstore may contain user generated content which BSmartstore does not pre-screen and which contains views that may be opinions of users/ experts. BSmartstore will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). BSmartstore does not promise that the user generated content on BSmartstore is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
To help you in identifying the products of your choice, description of the products are provided on BSmartstore by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.
The Services included on BSmartstore are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. BSmartstore does not covenant or provide any representations and warranties:
in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on BSmartstore;
that the Services will be made available at all times;
that the operation of BSmartstore, including the functions contained in any content, information and materials on BSmartstore or any third-party sites or services linked to BSmartstore will be uninterrupted, or that the defects will be rectified, or that BSmartstore or the servers that make such content, information and materials available are free of viruses or other harmful components; and
that the BSmartstore Content available on BSmartstore is complete, true, accurate or non-misleading.
Parties other than BSmartstore and its affiliates may operate stores, provide services, or list or sell product lines on BSmartstore. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. BSmartstore does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on BSmartstore is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
To the extent permitted by applicable law, BSmartstore disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on BSmartstore.
BSmartstore is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
