INTRODUCTION

Welcome to Smarchi Proptech Pvt. Ltd. (“Company,” “we,” “our,” “us”)!

These Terms of Use (“Terms”, “Terms of Use”) govern your use of our website located at www.smarchi.in (together or individually “Use”) services operated by Smarchi Proptech Pvt. Ltd.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information from your web pages.

By visiting our site and purchasing something from us, you engage in our “Service.” Accordingly, you agree to be bound by the following terms and conditions (“Terms of Use,” “Terms”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms of Use apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

We reserve the right to update, change or replace any part of these Terms of Use by posting updates and changes to our website from time to time and without notice.

Registration

By completing the registration process or using the Smarchi Platform and Services according to the applicable terms of use, you confirm that you are a natural person of total legal capacity (a minor who has reached the age of 18), a legal entity, or another organisation. If you do not hold such legal status, you and your parent or legal guardian (from now on referred to as “Guardian”) shall accept all legal consequences incurred by using our platform. In addition, we have the right to close your account and claim reimbursement from you and your Guardian.

Smarchi will provide you with a unique user account when you register. You shall be responsible for the security of your user account, login password, payment password (if any), verification code, etc. You shall be responsible for any conduct undertaken using your account and password; Smarchi cannot and will not be liable for any loss arising from such conduct.

Communications

By using our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. This may also include phone or sms services from our end. However, you may opt out of receiving any or all of these communications from us by following the unsubscribe link or emailing info@smarchi.in.

Purchases

When purchasing products available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase, including but not limited to your credit or debit card number, the expiration date of your card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any card(s) or another payment method (s) in connection with any Purchase; and that (ii) the information you supply to us is accurate, correct, and complete.

We may employ third-party services to facilitate payment and the completion of Purchases. Credit card information is always encrypted during transfer over networks. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

While all our vendors will perform in the best interest of our users, we do not take responsibility for the failure of a product or service by a vendor; instead, we will work with you to resolve this in the best manner we can.

Responsible Use and Conduct

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided without our written permission.

User Feedback and Comments

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable violates any party’s intellectual property, or these Terms of Use.

Listings

We reserve the right to refuse service to anyone at any time.

To all vendors, content published on the site must be

  • We are a green, sustainable and eco-friendly platform. All listings, businesses, vendors and services on our platform should belong to these categories and should produce content that promotes the trade of only these services, properties and products for the building and construction industry. No misleading information should be provided to us or our users.
  • Accurate, current, complete, and include all relevant information and key terms. No misuse of keywords to manipulate search results
  • Compliance with all applicable laws. For example, you must have the legal right to create a product, service, or property listing (this excludes properties where ownership is disputed, such as relationship property); the use of any photographs or images must be your own or authorized for use by you, and the listing information must be accurate and not misleading.
  • Used for sale, to promote an actual property, product or service that is available for purchase, and not used for the general advertising of a brand or business, or to disseminate any content that is not related to a sale.
  • You can create only a single listing for a product, service or property
  • Listings shall not be reused or repurposed for a different property Re-listing anything that has not sold is subject to the Smarchi regarding applicable timeframe and new listing charges.
  • We will store listing content and communications via our site for privacy reasons (see our Privacy Policy) until not required.

Services and Prices

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content) with notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Availability (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. Please see our Return Policy listed on the same page.

Images supplied for listings are by the vendor; we do not take responsibility for them. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We cannot guarantee the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, but we hope it does.

Billing and Accounts

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account or credit card and orders using the same billing and shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and billing address/phone number provided when the order was made. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. In addition, you agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Website

Content; Intellectual Property; Third Party Links.

This Website offers listings, content in the form of blogs, information, and marketing materials. We are not responsible if the information on our site is accurate, complete, and current. Any reliance on the material on this site is at its own risk. Please be guided by other resources and make an informed decision.

This site may contain historical information. We reserve the right to modify the contents of this site at any time, but we have no obligation to update information on our site. You agree to monitor changes to our site.

To the extent that Smarchi Proptech Pvt. Ltd. does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and other laws. You acknowledge that your use of this website's content is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Smarchi Proptech Pvt. Ltd. does not endorse the contents of third-party websites. Smarchi Proptech Pvt. Ltd. is not responsible for the content or any damage resulting from your access to or reliance on these third-party websites. You do so at your own risk if you link to third-party websites.

Use of Website: Smarchi Proptech Pvt. Ltd. is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of "spam," chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.

License - You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Smarchi Proptech Pvt. Ltd.

Posting - By posting, storing, or transmitting any content on the Website, you grant Smarchi Proptech Pvt. Ltd. a perpetual, worldwide, non-exclusive, royalty-free, assignable, proper, and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or from now on created, anywhere in the world. Smarchi Proptech Pvt. Ltd. cannot control the nature of the user-generated content offered through the Website. Therefore, you are solely responsible for your interactions with other users and vendors of the Website and any content you post. Smarchi Proptech Pvt. Ltd. is not liable for any damage or harm from user posts or interactions. Smarchi Proptech Pvt. Ltd. reserves the right but has no obligation to monitor interactions between and among users of the Website and to remove any content Smarchi Proptech Pvt. Ltd. deems objectionable.

Subscriptions and Marketing Plans

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). In addition, you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on your subscription plan when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Smarchi Proptech Pvt. Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the admin@smarchi.in customer support team.

A valid payment method is required to process the payment for your subscription. Therefore, you shall provide Smarchi Proptech Pvt. Ltd. with accurate and complete billing information, including but not limited to full name, address, state, postal or zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Smarchi Proptech Pvt. Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Smarchi Proptech Pvt. Ltd. reserves the right to terminate your access to the Service immediately.

Smarchi also provides add-on services in the form of bundles and other plans. These will be one-offs or may have recurring or periodic charges depending on the service purchased.

Free Trial

Smarchi Proptech Pvt. Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period ("Free Trial").

You may be required to enter your billing information to sign up for a Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Smarchi Proptech Pvt. Ltd. until Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Smarchi Proptech Pvt. Ltd. reserves the right to (i) modify the Terms of Service of the Free Trial offer or (ii) cancel such Free Trial offer.

Fee Changes

Smarchi Proptech Pvt.Ltd., in its sole discretion and at any time, may modify Subscription and Marketing Bundle/plan fees. Any fee change will become effective at the end of the then-current Billing Cycle.

Smarchi Proptech Pvt. Ltd. will provide you with reasonable prior notice of any change in fees to allow you to terminate before such change becomes effective under the terms and conditions offered to you when committing to the purchase.

Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified fee amount.

Refunds

We issue refunds for purchases made on our site. Read our Returns Policy mentioned on the page to know more.

Third-Party Links

  • Analytics - We may use third-party Service Providers to monitor and analyze the use of our Service.
  • Our Service may contain links to third-party websites or services not owned or controlled by Smarchi Proptech Pvt.Ltd..
  • Smarchi Proptech Pvt. Ltd. has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. We do not warrant the offerings of any of these entities/individuals or their websites.

Prohibited Uses

In addition to other prohibitions, as outlined in Terms of Use, you are prohibited from using the site or its content:

  • for any unlawful purpose
  • to solicit others to perform or participate in any illegal acts
  • to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
  • to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • to submit false or misleading information
  • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
  • to collect or track the personal information of others
  • to spam, phish, pharm, pretext, spider, crawl, or scrape
  • for any obscene or immoral purpose
  • to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.
  • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

Disclaimer of Warranties; Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time, we may remove the service for indefinite periods or cancel the service at any time without notice.You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Smarchi Proptech Pvt.Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Smarchi Proptech Pvt. Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference or your violation of any law or the rights of a third party.

Severability

Suppose any provision of these Terms of Use is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Use; such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are practical unless and until terminated by you or us. You may terminate these Terms of Use by notifying us that you no longer wish to use our Services or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have been unable, to comply with any term or provision of these Terms of use, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or concerning The Use of our Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Use).

Any ambiguities in interpreting these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of India.

Changes to the Terms of Service

You can review the most current version of the Terms of Use at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Acknowledgment

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

Contact Information

Questions about the Terms of Service should be sent to us at admin@smarchi.in.

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