3-Days Return or Refund Guaranteed
Terms &
Conditions
Updated at 2022-08-12
General
Terms
By
accessing and placing an order with MERASMARTSHOP, you confirm that you are in
agreement with and bound by the terms of service contained in the Terms &
Conditions outlined below. These terms apply to the entire website and any
email or other type of communication between you and MERASMARTSHOP. Under no
circumstances shall MERASMARTSHOP team be liable for any direct, indirect,
special, incidental, or consequential damages, including, but not limited to,
loss of data or profit, arising out of the use, or the inability to use, the
materials on this site, even if MERASMARTSHOP team or an authorized
representative has been advised of the possibility of such damages. If your use
of materials from this site results in the need for servicing, repair, or
correction of equipment or data, you assume any costs thereof. MERASMARTSHOP
will not be responsible for any outcome that may occur during the course of
usage of our resources. We reserve the right to change prices and revise the
resources usage policy at any moment without any prior intimation / notice.
License
MERASMARTSHOP
grants you a revocable, non-exclusive, non-transferable, limited license to
download, install and use the website strictly in accordance with the terms of
this Agreement. These Terms & Conditions are a contract between you and MERASMARTSHOP
(referred to in these Terms & Conditions as "MERASMARTSHOP",
"us", "we" or "our"), the provider of the MERASMARTSHOP
website and the services accessible from the MERASMARTSHOP website (which are
collectively referred to in these Terms & Conditions as the "MERASMARTSHOP
Service"). You are agreeing to be bound by these Terms & Conditions.
If you do not agree to these Terms & Conditions, please do not use the MERASMARTSHOP
Service. In these Terms & Conditions, "you" refers both to you as
an individual and to the entity you represent. If you violate any of these
Terms & Conditions, we reserve the right to cancel your account or block
access to your account without notice.
Definitions
and key terms
To
help explain things as clearly as possible in this Terms & Conditions,
every time any of these terms are referenced, are strictly defined as:
Cookie:
small amount of data generated by a website and saved by your web browser. It
is used to identify your browser, provide analytics, remember information about
you such as your language preference or login information.
Company:
when these terms mention “Company,” “we,” “us,” or “our,” it refers to MERASMARTSHOP,
that is responsible for your information under this Terms & Conditions.
Country:
where MERASMARTSHOP or the owners/founders of MERASMARTSHOP are based, in this
case is India.
Device:
any internet-connected device such as a phone, tablet, computer, or any other
device that can be used to visit MERASMARTSHOP and use the services.
Service:
refers to the service provided by MERASMARTSHOP as described in the relative
terms (if available) and on this platform.
Third-party
service: refers to advertisers, contest
sponsors, promotional and marketing partners, and others who provide our
content or whose products or services we think may interest you.
Website:
MERASMARTSHOP’s site, which can be accessed via this : https://merasmartshop.in/
You:
a person or entity that is registered with MERASMARTSHOP to use the Services.
Restrictions
You
agree not to, and you will not permit others to: a) License, sell, rent, lease,
assign, distribute, transmit, host, outsource, disclose or otherwise
commercially exploit the website or make the platform available to any third
party. b) Modify, make derivative works of, disassemble, decrypt, reverse
compile or reverse engineer any part of the website. c) Remove, alter or
obscure any proprietary notice (including any notice of copyright or trademark)
of MERASMARTSHOP or its affiliates, partners, suppliers or the licensors of the
website.
Payment
If
you pay for any of our one-time payment plans, you agree to pay all fees or
charges to your account for the Service in accordance with the fees, charges,
and billing terms in effect at the time that each fee or charge is due and
payable. Your Payment Provider agreement governs your use of the designated
credit card account, and you must refer to that agreement and not these Terms
to determine your rights and liabilities with respect to your Payment Provider.
By providing MERASMARTSHOP with your credit card number and associated payment
information, you agree that MERASMARTSHOP is authorized to verify information
immediately, and subsequently invoice your account for all fees and charges due
and payable to MERASMARTSHOP hereunder and that no additional notice or consent
is required. You agree to immediately notify MERASMARTSHOP of any change in
your billing address or the credit card or payment mode used for payment
hereunder. MERASMARTSHOP reserves the right at any time to change its prices
and billing methods, either immediately upon posting on our Site or by e-mail
delivery to your organization’s administrator(s). Any attorney fees, court
costs, or other costs incurred in the collection of delinquent undisputed
amounts shall be the responsibility of and paid for by you. No contract will
exist between you and MERASMARTSHOP for the Service until MERASMARTSHOP accepts
your order by a confirmatory e-mail, SMS/MMS message, or other appropriate
means of communication. You are responsible for any third-party fees that you
may incur when using the Service.
Your
Suggestions
Any
feedback, comments, ideas, improvements or suggestions (collectively,
"Suggestions") provided by you to MERASMARTSHOP with respect to the
website shall remain the sole and exclusive property of MERASMARTSHOP. MERASMARTSHOP
shall be free to use, copy, modify, publish, or redistribute the Suggestions
for any purpose and in any way without any credit or any compensation to you.
Your
Consent
We've
updated our Terms & Conditions to provide you with complete transparency
into what is being set when you visit our site and how it's being used. By
using our website, registering an account, or making a purchase, you hereby
consent to our Terms & Conditions.
Links
to Other Websites
These
Terms & Conditions apply only to the Services provided on our Website. The
Services may contain links to other websites not operated or controlled by MERASMARTSHOP.
We are not responsible for the content, accuracy, or opinions expressed in such
websites, and such websites are not investigated, monitored, or checked for
accuracy or completeness by us. Please remember that when you use a link to go
from the Services to another website, our Terms & Conditions are no longer
in effect. Your browsing and interaction on any other website, including those
that have a link on our platform, is subject to that website’s own rules and
policies. Such third parties may use their own cookies or other methods to
collect information about you.
Cookies
MERASMARTSHOP
uses "Cookies" to identify the areas of our website that you have
visited. A cookie is a small piece of data stored on your computer or mobile
device by your web browser. We use cookies to enhance the performance and
functionality of our website but are non-essential to their use. However,
without these cookies, certain functionality like videos may become unavailable
or you would be required to enter your login details every time you visit the
website as we would not be able to remember that you had logged in previously.
Most web browsers can be set to disable the use of Cookies. However, if you
disable Cookies, you may not be able to access functionality on our website
correctly or at all. We never place Personally Identifiable Information in
Cookies.
Modifications
to Our website
MERASMARTSHOP
solely reserves the right to modify, suspend or discontinue, temporarily or
permanently, the website or any service to which it connects, with or without
notice and without liability to you.
Updates
to Our website
MERASMARTSHOP
may from time to time provide enhancements or improvements to the features/
functionality of the wWebsite, which may include patches, bug fixes, updates,
upgrades and other modifications ("Updates"). Updates may modify or
delete certain features and/or functionalities of the website. You agree that MERASMARTSHOP
has no obligation to (i) provide any Updates, or (ii) continue to provide or
enable any particular features and/or functionalities of the website to you.
You further agree that all Updates will be (i) deemed to constitute an integral
part of the website, and (ii) subject to the terms and conditions of this
Agreement.
Third-Party
Services
We
may display, include or make available third-party content (including data,
information, applications, and other products services) or provide links to
third-party websites or services ("Third-Party Services"). You
acknowledge and agree that MERASMARTSHOP shall not be responsible for any
Third-Party Services, including their accuracy, completeness, timeliness,
validity, copyright compliance, legality, decency, quality, or any other aspect
thereof. MERASMARTSHOP does not assume and shall not have any liability or
responsibility to you or any other person or entity for any Third-Party
Services. Third-Party Services and links thereto are provided solely as a
convenience to you and you access and use them entirely at your own risk and
subject to such third parties terms and conditions.
Term
and Termination
This
Agreement shall remain in effect until terminated by you or MERASMARTSHOP. MERASMARTSHOP
may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice. This Agreement will
terminate immediately, without prior notice from MERASMARTSHOP, in the event
that you fail to comply with any provision of this Agreement. You may also
terminate this Agreement by deleting the website and all copies thereof from
your computer. Upon termination of this Agreement, you shall cease all use of
the wWebsite and delete all copies of the website from your computer.
Termination of this Agreement will not limit any of MERASMARTSHOP's rights or
remedies at law or in equity in case of breach by you (during the term of this
Agreement) of any of your obligations under the present Agreement.
Copyright
Infringement Notice
If
you are a copyright owner or such owner’s agent and believe any material on our
Website constitutes an infringement on your copyright, please contact us
setting forth the following information: (a) a physical or electronic signature
of the copyright owner or a person authorized to act on his behalf; (b)
identification of the material that is claimed to be infringing; (c) your
contact information, including your address, telephone number, and an email;
(d) a statement by you that you have a good faith belief that use of the
material is not authorized by the copyright owners; and (e) the statement that
the information in the notification is accurate, and, under penalty of perjury
you are authorized to act on behalf of the owner.
Indemnification
You
agree to indemnify and hold MERASMARTSHOP and its parents, subsidiaries,
affiliates, officers, employees, agents, partners, and licensors (if any)
harmless from any claim or demand, including reasonable attorneys' fees, due to
or arising out of your: (a) use of the website; (b) violation of this Agreement
or any law or regulation; or (c) violation of any right of a third party.
No
Warranties
The
Website is provided to you "AS IS" and "AS AVAILABLE" and
without warranty of any kind. To the maximum extent permitted under applicable
law, MERASMARTSHOP, on its own behalf and on behalf of its affiliates and its
and their respective licensors and service providers, expressly disclaims all
warranties, whether express, implied, statutory, or otherwise, with respect to
the wWebsite, including all implied warranties of merchantability, fitness for
a particular purpose, title and non-infringement, and warranties that may arise
out of a course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, MERASMARTSHOP provides no warranty or
undertaking, and makes no representation of any kind that the website will meet
your requirements, achieve any intended results, be compatible or work with any
other software, websites, systems or services, operate without interruption,
meet any performance or reliability standards or be error-free or that any
errors or defects can or will be corrected. Without limiting the foregoing,
neither MERASMARTSHOP nor any MERASMARTSHOP's service provider makes any
representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the wWebsite, or the information, content, and
materials or products included thereon; (ii) that the wWebsite will be
uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the wWebsite; or (iv) that the
wWebsite, its servers, the content, or e-mails sent from or on behalf of MERASMARTSHOP
are free of viruses, scripts, trojan horses, worms, malware, timebombs or other
harmful components.
Limitation
of Liability
Notwithstanding
any damages that you might incur, the entire liability of MERASMARTSHOP and any
of its suppliers under any provision of this Agreement and your exclusive
remedy for all of the foregoing shall be limited to the amount actually paid by
you onfor the Website. To the maximum extent permitted by applicable law, in no
event shall MERASMARTSHOP or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, for loss of data or other information,
for business interruption, for personal injury, for loss of privacy arising out
of or in any way related to the use of or inability to use the Website,
third-party software and/or third-party hardware used with the wWebsite, or
otherwise in connection with any provision of this Agreement), even if MERASMARTSHOP
or any supplier has been advised of the possibility of such damages and even if
the remedy fails of its essential purpose.
Severability
If
any provision of this Agreement is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the remaining
provisions will continue in full force and effect. This Agreement, together
with the Privacy Policy and any other policies published by MERASMARTSHOP on
the Sservices, shall constitute the entire agreement between you and MERASMARTSHOP
concerning the Sservices. If any provision of this Agreement is deemed invalid
by a court of competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of this Agreement, which
shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term,
and MERASMARTSHOP’s failure to assert any right or provision under this
Agreement shall not constitute a waiver of such right or provision. YOU AND MERASMARTSHOP
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except
as provided herein, the failure to exercise a right or to require performance
of an obligation under this Agreement shall not affect a party's ability to
exercise such right or require such performance at any time thereafter nor
shall be the waiver of a breach constitute waiver of any subsequent breach. No
failure to exercise and no delay in exercising, on the part of either party,
any right or any power under this Agreement shall operate as a waiver of that
right or power. Nor shall any single or partial exercise of any right or power
under this Agreement preclude further exercise of that or any other right
granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern
and supersede any such terms.
Amendments
to this Agreement
MERASMARTSHOP
reserves the right, at its sole discretion, to modify or replace this Agreement
at any time without any prior notice / intimation. Hence we request you to
check this Agreement from time to time By continuing to access or use our
website after any revisions become effective, it shall be deemed that youyou
agree to be bound by the revised terms. If you do not agree to the new terms,
you are no longer authorized to use MERASMARTSHOP.
Entire
Agreement
The
Agreement constitutes the entire agreement between you and MERASMARTSHOP
regarding your use of the Website and supersedes all prior and contemporaneous
written or oral agreements between you and MERASMARTSHOP. You may be subject to
additional terms and conditions that apply when you use or purchase other MERASMARTSHOP's
services, which MERASMARTSHOP will provide to you at the time of such use or
purchase.
Intellectual
Property
The
Website and its entire contents, features, and functionality (including but not
limited to all information, software, text, displays, images, video and audio,
and the design, selection, and arrangement thereof), are owned by MERASMARTSHOP,
its licensors or other providers of such material and are protected by India
and international copyright, trademark, patent, trade secret and other
intellectual property or proprietary rights laws. The material may not be
copied, modified, reproduced, downloaded or distributed in any way, in whole or
in part, without the express prior written permission of MERASMARTSHOP, unless
and except as is expressly provided in these Terms & Conditions. Any
unauthorized use of the material is prohibited.
Choice
of Law and Venue
The
Terms of Use and policies shall be expounded and construed with and by the laws
of the India, regardless of its conflict to laws and rules in India. Disputes
of any sort will be subject to the exclusive jurisdiction of the courts
situated within New Delhi and the user hereby will have to comply with the
jurisdiction of the courts of Delhi.
Submissions
and Privacy
In
the event that you submit or post any ideas, creative suggestions, designs,
photographs, information, advertisements, data, or proposals, including ideas
for new or improved products, services, features, technologies, or promotions,
you expressly agree that such submissions will automatically be treated as
non-confidential and non-proprietary and will become the sole property of MERASMARTSHOP
without any compensation or credit to you whatsoever. MERASMARTSHOP and its
affiliates shall have no obligations with respect to such submissions or posts
and may use the ideas contained in such submissions or posts for any purposes
in any medium in perpetuity, including, but not limited to, developing
manufacturing, and marketing products and services using such ideas.
Promotions
MERASMARTSHOP
may, from time to time, include contests, promotions, sweepstakes, or other
activities (“Promotions”) that require you to submit material or information
concerning yourself. Please note that all Promotions may be governed by
separate rules that may contain certain eligibility requirements, such as
restrictions as to age and geographic location. You are responsible to read all
Promotions rules to determine whether or not you are eligible to participate.
If you enter any Promotion, you agree to abide by and to comply with all
Promotions Rules. Additional terms and conditions may apply to purchases of
goods or services on or through the Services, which terms and conditions are
made a part of this Agreement by this reference.
Typographical
Errors
In
the event a product and/or service is listed at an incorrect price or with
incorrect information due to typographical error, we shall have the right to
refuse or cancel any orders placed for the product and/or service listed at the
incorrect price. We shall have the right to refuse or cancel any such order
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
canceled, we shall immediately issue a credit to your credit card account or
other payment accounts in the amount of the charge.
Miscellaneous
Any
waiver of any provision of these Terms & Conditions will be effective only
if in writing and signed by an authorized representative of MERASMARTSHOP. MERASMARTSHOP
will be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety) in the event of any breach or
anticipatory breach by you. MERASMARTSHOP operates and controls the MERASMARTSHOP
Service from its offices in India. The Service is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation. Accordingly, those
persons who choose to access the MERASMARTSHOP Service from other locations do
so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable. These Terms &
Conditions (which include and incorporate the MERASMARTSHOP Privacy Policy)
contains the entire understanding, and supersedes all prior understandings,
between you and MERASMARTSHOP concerning its subject matter, and cannot be
changed or modified by you. The section headings used in this Agreement are for
convenience only and will not be given any legal import.
Disclaimer
MERASMARTSHOP
is not responsible for any content, code or any other imprecision. MERASMARTSHOP
does not provide warranties or guarantees. In no event shall MERASMARTSHOP be
liable for any special, direct, indirect, consequential, or incidental damages
or any damages whatsoever, whether in an action of contract, negligence or
other torts, arising out of or in connection with the use of the Service or the
contents of the Service. The Company reserves the right to make additions, deletions,
or modifications to the contents of the Service at any time without prior
notice. The MERASMARTSHOP Service and its contents are provided "as
is" and "as available" without any warranty or representations
of any kind, whether express or implied. MERASMARTSHOP is a distributor and not
a publisher of the content supplied by third parties; as such, MERASMARTSHOP
exercises no editorial control over such content and makes no warranty or
representation as to the accuracy, reliability, or currency of any information,
content, service or merchandise provided through or accessible via the MERASMARTSHOP
Service. Without limiting the foregoing, MERASMARTSHOP specifically disclaims
all warranties and representations in any content transmitted on or in
connection with the MERASMARTSHOP Service or on sites that may appear as links
on the MERASMARTSHOP Service, or in the products provided as a part of, or
otherwise in connection with, the MERASMARTSHOP Service, including without
limitation any warranties of merchantability, fitness for a particular purpose
or non-infringement of third party rights. No oral advice or written
information was given by MERASMARTSHOP or any of its affiliates, employees,
officers, directors, agents, or the like will create a warranty. Price and
availability information is subject to change without notice. Without limiting
the foregoing, MERASMARTSHOP does not warrant that the MERASMARTSHOP Service
will be uninterrupted, uncorrupted, timely, or error-free.