The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms and the aforementioned Policy, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website / Application if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services listed on the Website/ Application, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms and the aforementioned Policy, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms and the aforementioned Policy till the expiry of the same, as described in Clause 3 hereinabove.
MySmartPrice is an online products and services comparison platform which lets you discover the best products at best prices across a wide array of categories that include Mobiles, Electronics, Computers, Fashion and Lifestyle, Cameras, Books, Appliances and Personal Care, with the goal of creating the best online shopping research and discovery destination. We would also provide this platform for products and services beyond the categories listed above as deemed relevant for the Users.
MySmartPrice’s price comparison engine enables you in finding the best price, as well as deals and offers from all major e-commerce stores in India. MySmartPrice acts as online platform for You to find and transact with registered members of the Website/ Application (“Members”), other non-registered users and buyers or sellers (collectively the “Users”) showing products or services or otherwise associated with the Service.
MySmartPrice DOES NOT SELL ANY PRODUCTS OR PROVIDE ANY SERVICES (EXCEPT ‘THE SERVICE’ AS DEFINED IN 1(d)(iii) ABOVE) AND IS NOT A PARTY TO ANY TRANSACTION YOU MAY MAKE WITH ANY MEMBER / USERS.
To fully avail the services of the Website and Application, registration is required. Membership of this Website and Application is available to all, barring those “Incompetent to Contract” which inter alia include insolvents. MySmartPrice Web Technology Pvt. Ltd. reserves the right to terminate Your account on knowledge of You not being competent to use the services and having registered on the Website or Application or availing any of its services.
Further, at any time during Your use of this Website or Application, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or the Company has reason to believe You have done so, We hold the right to permanently suspend Your account.
Upon download and installation of the Application or visiting the Website, You grant the Company to perform the following actions on the device You have installed the Application in or visiting the Website from.
From time to time, the Application may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application (hereinafter referred to as “Updates”). Updates may contain, without limitation to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates shall be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
By using this Website/Application, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to firstname.lastname@example.org with the subject Do not Disturb. The User agrees and acknowledges that it may take up to thirty (30) business days for the Company to give effect to such a request by the User.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
The use of this Website by the User, including browsing the Website/ Application and availing any services offered therein is free of cost. The User is only required to pay for the product purchased by the User from the chosen Seller / Marketplace directly as per their payment policy. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website/Application, and the User shall have the option of declining to avail of the services offered. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
Transactions on the Website/ Application are secure and protected. Any information entered by the User when transacting on the Website/ Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway of the chosen seller / marketplace which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Definition: For purposes of this User Agreement, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Website/ Application by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
License Grant: By submitting User Content through the Website/ Application, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website/ Application, the Service and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website/ Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party Website/ Application and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. You also hereby do and shall grant each user of the Website/ Application and/or the Services a non-exclusive, perpetual license to access your User Content through the Website/ Application and/or the Services, solely for personal use of such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Third Party Affiliates: We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
YOU ACKNOWLEDGE THAT ALL CONTENT, INCLUDING USER CONTENT, ACCESSED BY YOU USING THE SERVICES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU OR ANY OTHER PARTY RESULTING THEREFROM. WE DO NOT GUARANTEE THAT ANY CONTENT YOU ACCESS ON OR THROUGH THE SERVICES IS OR WILL CONTINUE TO BE ACCURATE.
For all such information and material, you grant us, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize us to share the information across all our affiliated Websites or Applications, to include the information in a searchable format accessible by users of the Website or Application and other affiliated Website/ Applications, and to use your name and any other information in connection with its use of the material you provide. You also grant the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms and the aforementioned Policy. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Company and other distinctive brand features of the Website/ Application are the property of the Company. Furthermore, with respect to the Website/ Application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website/ Application.
The User may not use any of the intellectual property displayed on the Website/ Application in any manner that is likely to cause confusion among existing or prospective users of the Website/ Application, or that in any manner disparages or discredits the Company, to be determined in the sole discretion of the Company.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.
The User agrees and acknowledges that he/she is a restricted user of this Website/ Application, and that he/she:
The User hereby expressly authorises the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that involve personal injury and theft / infringement of intellectual property. The User further understands that the Company might be directed to disclose any information (including the identity of persons providing information or materials on the Website/ Application) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company has no obligation to monitor the materials posted on the Website/ Application, but that it has 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 or the aforementioned Policy. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website/ Application by him/her. In no event shall the Company assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website/ Application. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website/ Application.
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website/ Application, without being required to provide the User with notice or cause:
We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
The User hereby expressly agrees to defend, indemnify and hold harmless the Website/ Application and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the 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 the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website/ Application and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company incurring any form of liability whatsoever, these Terms and the aforementioned Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website/ Application will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website/ Application, and that use of such content by the Company does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the aforementioned Policy.
The Parties expressly agree that the Terms, the aforementioned Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at HYDERABAD shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).