Terms and conditions

SmartNStudy.com provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any SmartNStudy.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. SmartNStudy.com reserves the right to change this Site and these terms and conditions at any time. SmartNStudy.com retains the right to deny access to anyone who we believe has violated any of these Terms of Use. If you are under 18, you may use SmartNStudy.com only with involvement of a parent or guardian. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

CONTENTS POSTED ON SITE

You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of SmartNStudy.com throughout the universe. SmartNStudy.com shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by SmartNStudy.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

RULES OF CONDUCT ON SITE

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

SmartNStudy.com may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of SmartNStudy.com violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.

Any information provided by you on this site shall not be misleading in any way.

You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.

You may not engage in advertising to or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. In order to protect our users from such advertising or solicitation, SmartNStudy.com reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which SmartNStudy.com deems appropriate in its sole discretion.

You understand that SmartNStudy.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

SmartNStudy.com reserves the right but has no obligation, to monitor the materials posted in the public areas of the Sites. SmartNStudy.com 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 of SmartNStudy.com, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of SmartNStudy.com. In no event shall SmartNStudy.com 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 Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. SmartNStudy.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites 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 Sites, and that the recipient may use such information to harass or injure you. SmartNStudy.com does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that SmartNStudy.com is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites. SmartNStudy.com 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).

DELIVERY OF THE PRODUCTS & SERVICES

In the event case Your order is not serviceable by our delivery partners or the merchant or the area is not covered, we would request You to provide us with an alternate shipping address which we expect to have on our partner/merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by SmartNStudy.com, in such cases SmartNStudy.com will not be responsible for the non-delivery of the product. SmartNStudy.com doesn’t deliver items internationally.

However, You can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India. In case You book multiple order for the Products and Services in one transaction, SmartNStudy.com would endeavour to ship all Products together. However, this may not always be possible due to some product characteristics and/or logistics’ issues. If You purchase multiple Products in single transaction, then all the Products would be dispatched to a single shipping address given by You. If You wish to ship Products to different addresses, then You should book the orders separately based on the delivery addresses.

Services capable of being delivered online will be delivered online by SmartNStudy.com or by any of its Providers whose services have been purchased on the website.

DAY REPLACEMENT PROGRAM

In the event You receive a damaged / defective product or a product that does not comply with the specifications as per your original order, You are required to get in touch with the customer service team through any of the below mentioned channels:

Call Center at +91  9768894000;

Email us at – [email protected]

Upon receiving Your complaint, SmartNStudy.com shall verify the authenticity and the nature of the complaint and if SmartNStudy.com is convinced that the complaint is genuine, SmartNStudy.com will inform the relevant Provider of such complaint and request for a replacement. However, in the event of frivolous and baseless complaints regarding the quality and content of the products, SmartNStudy.com reserves the right to take necessary legal actions against You and You will be solely liable for all costs incurred by SmartNStudy.com in this regard. You expressly acknowledge that the Provider selling the defective product/ service will be solely responsible to You for any claims that You may have in relation to such defective product/ service and SmartNStudy.com shall not in any manner be held liable for the same.

Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If You observe that the package is damaged or tampered, we request You to refuse to accept delivery and inform SmartNStudy.com at the earliest. The return process of the product may be restricted by SmartNStudy.com depending on the nature and category of the product.

The returned products are subject to verification and checks by SmartNStudy.com in order to determine the legitimacy of the complaint/ return.

The newly chosen product should be listed on for sale on SmartNStudy.com and should be of the same or of higher value than the old product and the delivery of the newly chosen product will be delivered to your given address.

In order to replace any products sold through the Website, You are required to comply with the below mentioned conditions, viz:

Please notify SmartNStudy.com of receipt of a damaged/ defective product/service within 7 Days of delivery to You. If You are unable to do so within 7 Days, SmartNStudy.com shall not be held liable for the failure to replace the order;

• Products/Services should be unused.
• Replacements are available for users who receive a Damaged Product or a Product in Non-Working condition or a wrong product.
• You will be required to dispatch the product using a reputed courier in Your respective area within one (1) day from receipt of such notice. Courier freight charges may be reimbursed in such form as is determined by the logistics team upon prior consultation with SmartNStudy.com;
• Users can claim for a replacement within 7 days of delivery of the product.
• Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
• It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
• Upon receiving a request for replacement, SmartNStudy.com support team will investigate the case and will ask for necessary details from the user. User should furnish all the necessary details needed by SmartNStudy.com support team.

Please understand that we cannot process the replacement requests in certain cases mentioned below:-

• Damages due to misuse of Tangible Products.
• Accidental damage due to malfunctioning of Tangible Products.
• Any Tangible Product that is returned without all original packaging and accessories, including the box.
• Products purchased under special offers.
• Products purchased using Cardless EMI option or Buy Now Pay Later facility.

CANCELLATION

All orders made on SmartNStudy.com by default are non-cancellable and any request for cancellation / refund of order/s after successful transaction is not allowed. SmartNStudy.com will not be able to cancel orders that have already been processed. SmartNStudy.com has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by SmartNStudy.com and accept SmartNStudy.com decision regarding the cancellation. SmartNStudy.com reserves the right to accept or reject requests for order cancellations for any reason whatsoever.

Orders/Purchases made via Cardless EMI option on SmartNStudy.com will be non-cancellable and under any circumstances the cancellation request made by You will not be accepted by SmartNStudy.com. Purchases made using Cardless EMI option however will be covered under 7 Days Replacement Guarantee program.

OTHER BUSINESSES

SmartNStudy.com does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on SmartNStudy.com’s website, which are linked through including but not limited to Affiliates and sites using SmartNStudy.com’s APIs. In addition, SmartNStudy.com provide links to the sites of affiliated companies and certain other businesses for which, SmartNStudy.com is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.

LINKS

This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not SmartNStudy.com is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites.

We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by SmartNStudy.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the SmartNStudy.com site, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the SmartNStudy.com site without our prior written consent.

PRIVACY

Use of the Site is governed by our Privacy Policy, which can be located SmartNStudy.com.

MANDATORY DECLARATION – COMPUTERS

You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order. You further declare that the Product will be acquired for the personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed of for profit.

DISCLAIMER OF WARRANTIES AND LIABILITY

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by SmartNStudy.com “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, SmartNStudy.com does not warrant that:

This website will be constantly available, or available at all; or The information on this website is complete, true, accurate or non-misleading. SmartNStudy.com will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.

SmartNStudy.com does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from SmartNStudy.com are free of viruses or other harmful components.

Nothing on this website constitutes or is meant to constitute, advice of any kind. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. All the products sold on SmartNStudy.com are governed by different state laws and if SmartNStudy.com is unable to deliver such products due to implications of different state laws, SmartNStudy.com will return or will give credit for the amount received by SmartNStudy.com from the sale of such product that could not be delivered to you.

You will be required to enter a valid phone number while placing an order on SmartNStudy.com. By registering your phone number with us, you consent to be contacted by SmartNStudy.com via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

PAYMENT

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:

1) lack of authorization for any transaction/s,

2) or exceeding the preset limit mutually agreed by you and between your “Bank/s”,

3) or any payment issues arising out of the transaction,

4) or decline of transaction for any other reason/s.

All payments made against the purchases/services on SmartNStudy.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. SmartNStudy.com does not accept any other form of currency with respect to the purchases.

APPLICABLE LAW

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Hisar.

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on SmartNStudy.com is presented solely for the purpose of sale in India. SmartNStudy.com makes no representation that materials in SmartNStudy.com are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and SmartNStudy.com is not responsible for the supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

TRADEMARK, COPYRIGHT AND RESTRICTION

This site is controlled and operated by SmartNStudy.com. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on SmartNStudy.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

YOUR ACCOUNT

You agree that any use on the site is at your own risk and SmartNStudy.com is not responsible for it. you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on SmartNStudy.com are not for people below aged 18, however, any products available for children below age 18, can be bought by adults.

COPYRIGHT COMPLAINT

We at SmartNStudy.com respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at SmartNStudy.com.

RISK OF LOSS

All items purchased from SmartNStudy.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTION

SmartNStudy.com tries to be as accurate as possible. However, SmartNStudy.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SmartNStudy.com itself is not as described, your sole remedy is to return it in unused Condition.

PRICING/TYPOGRAPHICAL ERROR

Pricing on the product is as it shows, however, due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. SmartNStudy.com will try to be accurate, however, if you come across any difference in pricing on the SmartNStudy.com Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. SmartNStudy.com shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If SmartNStudy.com comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SMARTNSTUDY.COM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF SMARTNSTUDY.COM HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

OUR CONTACT

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to  [email protected]

BO-CLAUSE

We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.