The Website is owned and operated by Smart Engineering Consulting Ltd. (hereinafter known as the ‘Company’). These Terms applies exclusively to your access to, and use of the Website. If you are using the Website on behalf of any entity, you represent and warrant that you are authorised to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and The Company for its violations of these Terms.
The Company reserves the right to change or modify these Terms at any time and in its sole discretion. If there are any changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on the Website or updating the date at the top of these Terms. Your continued use of the Website will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.
Please keep in mind that this document is a legally binding agreement between the user of the Website (hereinafter referred to as ‘you’, ‘your’ or ‘User’) and the Company. If you have not attained the age of giving legal consent, according to applicable laws, to this agreement, your parent or guardian must agree to this agreement on your behalf.
1. Eligibility for Website
2. Account and Registration Obligations
2.1. For placing an order through the Website, you may be required to provide the information as reasonably requested by the Company for processing your order.
3. Order, Handling and Shipping
3.1. Orders for the product shall be received using the Website and on receipt of the approved order, the Company manufactures the product to your requirements and ships the product within the advertised timeline. The Company may ship the purchased product to the buyer either by themselves or using the third-party shipping services. The User may be charged for shipping as advertised. The Parties agree that the Company uses commercially reasonable efforts to comply with advertised timelines and in no event will the Company be liable for failure to ship the product within the advertised timelines.
3.2. The User understands that the Company is not liable to ensure the availability of the Website or its shipping services. The Company reserves the right to cancel any order if it is unable to ship the purchased product within a reasonable period of time/ period not exceeding 14 days or within the time as specified by the Company.
4. Return and Refunds
4.1. You may cancel an order from your account within 3 (three) days of placing the order through the Website. The Company does not offer refund other than as expressly specified herein. If you receive a product and wish to return it for a refund or exchange it because the product is faulty, you must inform the Company in writing, along with a detailed description of the fault and photographic evidence if necessary, within fourteen (14) days of receiving the product. The Company will then provide you instructions on how to return your product and your refund will be processed to your original payment method once the purchased product is received back.
4.2. The User shall be responsible for the return postage unless the product is incorrect or faulty, in which case the Company may refund the return postage. Please note that the Company may refuse a refund if the product is not faulty, unused and in their original condition save for the User’s right to inspect the product. It is your responsibility to ensure that you package the returned goods adequately so that it arrives back to the Company undamaged. If you have any further questions on returns, refunds or cancellations please contact the Company at [email protected]
5. Commercial Terms
5.1. The price displayed on the Website is inclusive all applicable taxes and the total price the User will pay to purchase the product and have it packaged and shipped to him or her by the Company. Products in your shopping cart will always reflect the most recent price and please note that this price may differ from the price shown for the product when you first placed it in your cart. Placing a product in your cart does not reserve the price shown at that time. It is also possible that a product’s price may decrease between the time you place it in your basket and the time you purchase it.
5.2. The Company reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Company’s website and will be effective immediately.
5.3. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to service tax, and duties etc.
6. Reviews, Feedback and Testimonials
6.1. Company may ask the buyer to provide reviews, feedback, or testimonials (hereinafter referred to as ‘Feedback’), for the purchased products. The Feedback should not be intentionally damaging, offensive or malicious. The Feedback may be used for internal purposes but could also be used publicly on the Website. The Company will not entertain any false Feedback. The Feedback should not include any contact information within the review.
7. Submitted Content
7.1. Company does not claim ownership of any materials you make available through the Website. At Company’s sole discretion, such materials may be included in the Website in whole or in part or in a modified form. Concerning such materials, you submit or make available for inclusion on the Website, you grant Company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content).
7.2. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license. We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post any material; we reserve the right in our absolute discretion to determine what is published on the Website. If you do not agree to these terms and conditions, please do not provide us with any submitted content.
7.3. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; and (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
8. User Representations
8.1. You represent, warrant and agree that materials of any kind submitted through your account or your conduct while using the Website or ordering a product will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory, fraudulent or otherwise unlawful material.
8.2. You further agree that you may not use the Website or place an order in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Website to intimidate, harass or in any way interfere with, disrupt, negatively affect or inhibit other users from using the Website; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity.
9. Third-Party Content
10.1. Third-Party Products. You understand that the Company may not manufacture, store, or inspect any of the products sold through the Website. We may only provide the platform; the products may be produced, listed, and sold directly by independent sellers, so The Company can’t and does not make any warranties about their quality, safety, or even their legality. You release the Company from any claims related to such third-party products sold through the Website, including for defective products, misrepresentations by sellers, or products that caused physical injury (like product liability claims).
10.2. Content You Access. You may come across materials that you find offensive or inappropriate while using the Website. We make no representations concerning any content posted by users through the Website. The Company is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Website. You release us from all liability relating to that content.
11. Disclaimer of Warranties/ Limitation of Liability
11.1. THE WEBSITE, PRODUCTS AND OTHER MATERIALS ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
11.3. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OR THE INABILITY TO USE OR MERCHANTABILITY OF ANY PRODUCT ON THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR PRODUCT 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 WEBSITE.
12.1. You shall indemnify and hold harmless to Company and (as applicable) Company’s partners, subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including solicitor’s fees, caused by or arising out of claims based upon the use of User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User’s infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
13. Company’s Rights
13.1. Company reserves the right at all times to edit, refuse to post, or to remove, from the Website, any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
13.3. The Company also reserves the right to modify or discontinue temporarily or permanently all or part of the Website with or without notice without liability for any modification or discontinuance.
14.1. All Website or the products sold through Website is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website that is not our property is used with permission. The arrangement and compilation of all Website is our exclusive property and is protected by international copyright laws. All software used on the Website is our property or the property of our software suppliers and is protected by international copyright laws.
15.1. Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of the Company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by us or our affiliated companies that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent
16. Copyright & Trademark Compliance
16.1. We honour the intellectual property rights of others. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure outlined in the immediately following paragraph. Except in limited instances under authorised agreements, we do not reproduce or manufacture the products offered on our Website, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the Website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the Website and/or cease sales of the product(s) pending our investigation.
16.2. If you believe that your work has been copied, distributed or used on the Website in a way that constitutes copyright or trademark infringement, please forward the following information to the Company in way of a notice.
a. Your name, address, telephone number, and email address;
b. A description of the copyrighted work that you claim has been infringed;
c. The exact URL or a description of where the alleged infringing material is located;
d. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
e. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and
f. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner‘s behalf.
The notice, as mentioned above, shall be sent at the following address:
17.1. You agree that Company, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of their Website and remove and discard all or any part of your account, user profile, and any content, at any time. You agree that any suspension or termination of your access to the Website or any account you may have may be effected without prior notice, and you agree that Company will not be liable to you or any third party for any such termination.
17.2. In the event of any Force Majeure Event (as defined in “General Clauses” Section), breach of this agreement, or any other event that would make the Website or sale of any product commercially unreasonable for Company, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of the Website.
18. Settlement of disputes
18.2. The Company and User agree to submit in that event to the exclusive jurisdiction and venue of courts located in the England and Wales.
19. General Provision
19.1. Assignment. This Agreement and your rights and obligations shall not be assignable, in whole or in part, without the prior written consent of Company. Any assignment without Company’ consent is void.
19.2. Relationship of Parties. Nothing contained in this agreement shall be construed or interpreted as constituting a partnership, joint venture, agency, employer, employee relationship between the parties. No third person is intended to be a third-party beneficiary thereof. The parties agree to constructively work together in furtherance of the mutually beneficial object outlined in the agreement.
19.3. Non-Waiver-The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
19.4. Severability-If any clause, sentence, paragraph or part of this agreement, or the Website thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect
19.5. Force Majeure- Company shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Company’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Company’s reasonable control (each, a “Force Majeure Event”).
19.6. Notices-Any notices required or permitted by this agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service. All notices hereunder required to be given to the Company shall be sent to its address first mentioned herein and all notices to the User shall be sent to its address/ e-mail address as may be provided during the registration process.
19.7. Entire Agreement-This agreement constitutes the entire understanding between the Partners hereto and it merges all prior discussions between them relating thereto.
19.8. Headings-Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.
19.9. Applicable Laws-This agreement will be governed by and interpreted and construed in accordance with the laws of the United Kingdom without regard to conflict of laws principles thereof.