This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.mssmartstore.com (hereinafter referred to as "Website") is owned by Glamsbro Trading and Marketing Private Limited a company incorporated under the Companies Act, 2013.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the MS smart store website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. MS smart store reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to MS smart store's notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, payment methods, payment terms, date, period and warranties related to products and services and after sales services related to products and services. MS smart store does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
MS smart store is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. MS smart store cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. MS smart store shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
The Website is only a platform that can be utilized by Users to reach a larger base to buy products or services. MS smart store is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
Purpose of information
Purpose for collecting, using, storing and processing Your Information MS smart store collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of MS smart store entities and shall include the following:
to facilitate Your use of the Website or other services of MS smart store entities;
to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website;
to provide You with information about products and services available on the Website and to send You information, materials, and offers from MS smart store;
to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
to send You surveys and marketing communications that MS smart store believes may be of interest to You;
to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
to help You address Your problems incurred on the Website including addressing any technical problems;
if You purchase any product or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your communicate with You regarding Your purchase and provide You with related customer service;
for proper administering of the Website;
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
to improve the services, content and advertising on the Website;
to facilitate various programmers and initiatives launched by MS smart store or third party service providers and business associates
to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
to conducting academic research and surveys
to protect the integrity of the Website;
to conduct analytical studies on various aspects including user behavior, user preferences etc.;
to permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service and any other product related support;
to implement information security practices;
to determine any security breaches, computer contaminant or computer virus;
to investigate, prevent, or take action regarding illegal activities and suspected fraud,
Contents Posted on Site
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly .We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
Third Party Interaction and Links to Third Party Sites
This website may be linked to other websites on the World Wide Web that are not under the control of or maintained by MS smart store. Such links do not indicate any responsibility or endorsement on our part for the external website concerned, its contents or the links displayed on it. These links are provided only as a convenience, in order to help you find relevant websites, services and/or products that may be of interest to you, quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. MS smart store is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external web site to which this web site includes a link infringes the intellectual property rights of any third party).
INTELLECTUAL PROPERTY RIGHTS
Glamsbro Trading and Marketing Private Limited is the sole owner and lawful licensee of all the rights to the Websitewww.mssmartstore.com and it’s Content. All materials on this Website, including, but not limited to design, layout, images, text, graphics, sound, video, trade-dress, trademarks, logos, brand name (My Store smart store), tagline(way of smart shopping), patents, business plan,are the property of Glamsbro Trading and Marketing Private Limited and are protected by all the applicable laws, including, but not limited to copyright, trademark, trade-names, patents, internet domain names, data protection, IT Act, privacy and publicity rights and other similar rights and statutes. Use of any MS smart store Content without the express written permission and license to use is strictly prohibited. All title, ownership and intellectual property rights in the Website and its Content shall remain with MS smart store, its affiliates or licensor's, as the case may be and does not pass on to you or your representatives.The whole Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
Dispute Resolution and Governing Law
The Agreement and any contractual obligation between Glamsbro Trading and Marketing Private Limitedand you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at NashikMaharashtra.
All disputes will be subject to arbitration at Nashik, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. Glamsbro Trading and Marketing Private Limited and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
Arbitration awards shall be reasoned awards and shall be final and binding on Glamsbro Trading and Marketing Private Limited and the disputing User, and shall be enforceable in any court of competent jurisdiction.