DISCLAIMER

 

The information presented on the Platform is solely for general information purposes. Although We diligently strive to maintain the information's accuracy and relevance, We do not make any express or implied representations or warranties about the completeness, accuracy, reliability, suitability, or availability of the Platform, or the information, Products, Services, or related graphics featured on it, for any purpose. Your reliance on such information is entirely at Your own risk, and We shall not be held liable for any consequences.

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Despite our efforts to ensure the Platform's information is current, correct, and clearly expressed, inadvertent errors may occur. The Firm disclaims any responsibility for errors and inaccuracies in the Platform's information. User feedback is welcomed to enhance the Platform's accuracy and user-friendliness. The Firm reserves the right to make changes, corrections, or modifications to content at its discretion and without prior notice.

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Neither the Firm nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found on the Platform/Services/Products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and We explicitly exclude liability for any such inaccuracies or errors to the fullest extent.

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The Website may include links to other websites for additional information. These links are provided for convenience and do not imply endorsement by Us. We assume no responsibility for the content of linked website(s), and creating a link to the Website from another website or document requires prior written consent from the Firm.

In no event will We be liable for any loss or damage, including indirect or consequential loss or damage, or any loss or damage arising from data loss or profit loss, in connection with the use of the Platform.

While We make commercially reasonable efforts to keep the Website operational, we do not assume responsibility for the Platform's temporary unavailability due to technical issues.

 

INTELLECTUAL PROPERTY RIGHTS

 

• With the exception of the instances outlined below, all elements within the Platform, Services, and Products, such as information, content, material, trademarks, service marks, trade names, and trade secrets—including, but not limited to, software, text, images, graphics, video, scripts, and audio—are the exclusive proprietary property of the Firm ("Firm’s Proprietary Information").

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• Firm’s Proprietary Information must not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any manner without obtaining prior written consent from the Firm. The User is not granted a license, right, interest, or title to any intellectual property rights belonging to the Firm through the use of the Platform or Products.

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• While the User may own the medium containing the information, content, or materials, the Firm maintains full and complete title to these elements and all intellectual property rights embedded by the Firm on such mediums. Some contents on the Platform may be owned by third parties, and their rights remain intact after obtaining prior consent.

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• The Firm may periodically upload videos, audios/sound recordings, content, and other materials on the Platform, all of which are the exclusive property of the Firm. Users must refrain from reproducing, transmitting, distributing, publishing, posting, sharing, or making available these videos, audios/sound recordings, content, and materials or any part thereof in any manner.

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• The Firm retains all rights in video recordings, sound/audio recordings, images, photos, pictures/images, and other materials posted on the Platform, being the sole owner of the same. Users are prohibited from recording, making videos or sound/audio recordings, taking screenshots, clicking pictures, downloading, publishing, transmitting, displaying, reproducing, transmitting, distributing, posting, sharing, or making copies without prior written approval from the Firm.

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• All rights are reserved, and any unauthorized acquisition of recordings, videos, sound/audio recordings, screenshots, pictures, images, material, or content without prior written consent will constitute a breach of the Terms.

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• Regarding 'User Content' created on or by using the Platform, all rights, ownership, and intellectual property shall vest with the Firm. Users explicitly consent and transfer all such rights, ownership, and intellectual property to the Firm for worldwide, royalty-free, and perpetual use.

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• Users agree to utilize the Firm’s Platform and Proprietary Information only for the purposes outlined in the instant Terms and not for any unauthorized or unlawful purpose. If the Firm’s Platform or Proprietary Information is used with any third party’s intellectual property, Users are solely responsible for obtaining necessary permissions, authorizations, and licenses. Any use beyond the granted rights under these terms will result in the User's responsibility and indemnification of the Firm for all associated losses, liabilities, claims, and damages.

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• Users must ensure that any content or intellectual property they create does not contain bugs, viruses, malware, or infringe on any third party’s intellectual property rights or violate any applicable laws, including data protection and privacy laws.

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• Additionally, Users acknowledge that the ownership of all trademarks, copyrights, logos, service marks, and other intellectual property owned by any third party remains with such party, and Users are not permitted to use the same without express written consent from the respective third party.

 

CONSUMER USAGE

 

The utilization of the Platform, Products, and/or Our Services is subject to the following constraints:

 

• You are prohibited from decompiling, reverse engineering, or disassembling the contents of the Application and/or Our Website and/or Services/Products. Additionally, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, transferring, or selling any information or software obtained from these sources is strictly forbidden. Removing any copyright, trademark registration, or other proprietary notices from the Platform and/or Services/Products is also prohibited.

• You must not:

       a. Advertise or sell the Application, Website, or domain names, or engage in any for-profit activities related to them. Soliciting others, including requests for contributions or donations, is also forbidden.

       b. Use the Platform/Our Products and Services in any unlawful manner or in a way that harms the Firm or any other individual or entity, as determined by the Firm.

 

• While availing Our Services, users are not allowed to:

      a. Make available any misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy,                  hateful, or racially, ethnically, or otherwise objectionable content.

      b. Stalk, intimidate, harass others, or incite violence.

      c. Transmit material encouraging criminal offenses, resulting in civil liability, or breaching any relevant laws, regulations, or code of practice.

      d. Interfere with other users' use or enjoyment of the Platform/Services.

      e. Make, transmit, or store electronic copies of copyrighted materials without permission, infringe intellectual property rights, or make available any material infringing on others' proprietary rights.

 

• Users are prohibited from making available any content or material without the right to do so under any law or contractual/fiduciary relationship unless they own or control the rights or have received necessary consents.

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• Other prohibitions include impersonation, posting of harmful material like viruses, interference with the Platform/Services, and intentional or unintentional disruption of services or violation of applicable laws and regulations related to access or use.

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• Users must not disrupt the security of the Platform/Services, gain unauthorized access, or interfere with other users' access and enjoyment.

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• Engaging in disruptive attacks, such as denial of service attacks, on the Platform/Services is strictly forbidden.

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• You are prohibited from using deep-links, page-scraping, robots, spiders, or any automated device to manipulate traffic, access, acquire, copy, monitor, or reproduce any part of the Platform/Services/Products without explicit permission. Any attempt to circumvent the navigational structure or alter the Services is strictly forbidden.

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• You must not alter or modify any part of the Services, disparage, or harm Us, the Platform, or engage in deceptive practices.

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• Prohibited actions include misleading messages, knowingly sharing false information, threatening the unity of India, violating public order, falsely implying relationships, and violating the specified terms under these Terms.

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• By submitting content ("Your Material") on the Platform, you grant us a global, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute Your Material. Deleted user accounts may retain Your Material and name on the Platform.

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• Interactive portions of the Services may have user contributions subject to editorial control. The Firm is not liable for material communicated by third parties and reserves the right to remove, review, edit, or delete any content.

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• The Firm may contact users through various channels for information, offerings, and notifications. Users grant permission to be contacted and indemnify the Firm for contacting numbers on Do Not Call/Do Not Disturb databases.

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• While facilitating product demonstrations, the Firm is not responsible for statements or representations made by any person. Users are expected to rely on their investigations.

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• The Firm reserves the right to exercise discretion in providing access to certain Services elements and may extend, cancel, discontinue, withdraw, or modify Services at its discretion.

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• The Firm's Products/Services are compatible only with specific devices recognized by the Firm. The Firm is not responsible for incompatible devices purchased from third parties. The Firm may upgrade the list of compatible devices as needed.

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• The Firm assumes no responsibility for loss or damage, including data loss, resulting from the use of Products, Services, or the Platform on tablets or other hardware/software.

 

CONSUMER ACCOUNT

 

       To access the Services and utilize the Platform/Products, registration and maintenance of an account on the Platform are required. You must provide certain information, including your name, mobile               number, email address, residential address, student's grade/class, school name, payment information (credit/debit card details if necessary), and any other deemed necessary by the Platform. Regarding           information provision.

• It is your sole responsibility to ensure the accuracy, completeness, and currency of the account information you provide.

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​      You are responsible for maintaining the confidentiality of your account information and all activities occurring under your account. You agree to:

• Ensure successful logout at the end of each session

• Promptly notify the Firm of any unauthorized account use.

• In case of potential security breaches or misuse, the Firm may request a password change or suspend your account without liability, for a duration deemed appropriate. The Firm is not liable for any loss or damage resulting from non-compliance with this provision.

• You acknowledge that external factors, such as internet service providers and network availability, may affect your ability to use your account. The Firm does not guarantee continuous Platform accessibility. In addition to the disclaimers in these Terms, the Firm is not liable for any damages due to your inability to log in and access the Platform's Services/Products at any time.

 

CONSUMER ORDERS

 

• After placing an order, SMART HANDICRAFTS will send you a confirmation email detailing the ordered Products. If a Product is out of stock, you will receive a notification. SMART HANDICRAFTS reserves the right to decline orders exceeding your credit limit or surpassing payment terms.

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• All Products sold by us are not for resale unless expressly authorized by SMART HANDICRAFTS in writing. Unauthorized resale will be considered invalid, and the Firm reserves the right to initiate legal action against you.

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• However, if you intend to engage in resale activities, you may explore our dedicated B2B website, where you can submit queries and seek authorization for resale purposes.

 

INDEMNITY

 

        You agree to defend, indemnify, and hold the Firm, its officers, directors, employees, and agents harmless from any claims, damages, obligations, losses, liabilities, costs, or debts, including attorney's            fees, arising from:

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• Your use and access to the Platform/Services/Products.

• Violation of the terms and conditions in these Terms or any other Firm policy.

• Violation of any third-party rights, including copyright, property, or privacy.

• Any claim asserting that your use of the Platform/Website/Services caused damage to a third party. This defense and indemnification obligation endure beyond these Terms.

• In no event shall the Firm, its officers, directors, employees, partners, or agents be liable to you or any third party for damages, including special, incidental, indirect, consequential, or punitive damages, arising from your use or access to the Platform.

 

EQUITABLE RELIEF

 

If you breach these Terms, you acknowledge that the Firm may suffer irreparable harm without an adequate monetary remedy. In such cases, the Firm is entitled to seek an injunction against the breach from any competent court. This right does not limit the Firm's ability to pursue other remedies in law or contract.

 

LIMITATION OF LIABILITY

 

• The information presented on the Platform is intended for general informational purposes only. While we strive to maintain the information's accuracy and currency to the best of our ability, we provide no express or implied representations or warranties regarding the completeness, accuracy, reliability, suitability, or availability of the Platform or the information, Products, Services, or related graphics for any specific purpose. Any reliance on this information is solely at your own risk, and we disclaim any liability in this regard.

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• Despite our efforts to ensure the Platform's content is current, correct, and clearly expressed, unintentional errors may occur. We disclaim responsibility for any inaccuracies in the Platform's information. User feedback is appreciated to enhance the Platform's accuracy and user-friendliness. We reserve the right to make changes, corrections, or withdraw/add content at any time without notice.

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• Neither the Firm nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent.

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• The Platform may include links to other websites for your convenience. These links do not imply our endorsement of the linked website(s), and we are not responsible for their content. Creating a link to the Platform from another website or document requires prior written consent from the Firm.

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• In no event shall we be liable for any loss or damage, including indirect or consequential loss or damage, arising from the use of the Platform. While we strive to keep the Platform running smoothly, we take no responsibility for temporary unavailability due to technical issues.

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• The total aggregate liability of the Firm, its directors, officers, employees, agents, or content/service providers to a User for all damages, losses, and causes of action arising from these Terms, Privacy Policy, or a User’s use of the Platform or the Products shall not exceed Rs. 1000/- (Rupees One Thousand Only).