Terms & Conditions

smeempower.com is the technology platform created and operated by Emart Solutions India Pvt Ltd. The site mainly deals in providing a platform for networking and enabling buyers and sellers to exchange goods and transactions.

The terms and conditions contained herein forms an Agreement governing the relationship with regard to the use of this site by you. You are advised to read this Agreement carefully. By usage of this site it is tantamount to your agreeing to the terms and conditions contained herein.

The laws of India shall apply and the courts in Mumbai shall have exclusive jurisdiction in respect of all the terms, conditions, privacy policy and disclaimers. Emart Solutions India Pvt. Ltd.. reserves the right to make changes to the site and the terms, conditions, privacy policy and disclaimers without prior notice.

Definitions :

"Agreement" means the terms and conditions as detailed herein including all Schedules, Appendices, Annexures, Privacy Policy, Disclaimer, and will include the references to this Agreement as amended, supplemented, varied or replaced from time to time.

"Site" means www.smeempower.com, and its subdomains, customer support call center, Mobile SMS services, and other digital user acquisition channels owned or operated by Emart Solutions India Pvt. Ltd., which provides a venue to the users of smeempower.com or its sub domains to buy or sell the products listed on the Site.

"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on the Site.

"Customer"/ "Buyer" shall mean the person or any legal entity who accepts the offer for sale on the Site by placing an order for and or purchases any products offered for sale on the Site.

"User"/"You" means and includes you and/or any person or an entity including Vendor / Seller / Customer / Buyer using or accessing the services provided on this Site.

Eligibility:

You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations.

Term of Agreement/Service:

This Agreement shall continue to be in full force and effect for so long as you are using the Site and/or the services thereon. Emart Solutions India Pvt. Ltd. provides/ facilitates the online shopping platform wherein the Users can purchase / buy / list / sell the products listed on the Site (the "Services") pursuant to the terms and conditions set forth below. By clicking on the “I agree to abide by the Terms and Conditions, Privacy Policy and Disclaimer” checkbox, you are agreeing to use the Services in a manner consistent with and abide by the terms and conditions of this Agreement, our Privacy Policy and with all applicable laws and regulations. Either you or Emart Solutions India Pvt. Ltd. may terminate the service at any time, with or without cause. However, Emart Solutions India Pvt. Ltd. reserves the right, in its sole discretion, to terminate your access to the Site or the Services and the related services or any portion thereof at any time, without notice.

Modification of Terms and conditions of Service:

Emart Solutions India Pvt. Ltd. may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you and the revised version shall be available on the site. In the event of you not agreeing to the revised terms, then you should stop using the site. By continuous usage you are agreeing to the published Terms.

Registration Data:

To avail of and use the Services you will have to register with the Site. As a part of registration process you agree to provide current, complete, and accurate registration information (the "Registration Data") as prompted to do by the Service and to maintain and update this information as required to keep it current, complete and accurate.

If you provide any information that is untrue, inaccurate not current or incomplete, Emart Solutions India Pvt. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete. Emart Solutions India Pvt. Ltd. has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site and/or the Services.

You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Emart Solutions India Pvt. Ltd.. You agree and understand that the Site/service is advertising supported and you grant Emart Solutions India Pvt. Ltd. the right to disclose the aggregate Registration Data to third parties in connection with marketing the Services. Furthermore, you agree and grant Emart Solutions India Pvt. Ltd. the right to use your individual Registration Data to provide targeting of advertisements and other Service offers.

You shall notify support@smeempower.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

Electronic Communication:

Users consents to receive communications from the Site electronically. The Site will communicate with Users by email registered on the Site or by posting notices on the Site.

Online Shopping Platform:

You agree, understand and acknowledge that the Site is an online shopping platform, a venue enabling the users to buy and sell any product listed on the Site at the price indicated on the terms and conditions indicated therein at any time from any place. You further agree and acknowledge that in case where sellers are involved, the Site is not involved in any sale and purchase of goods/products.

You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.

The Site is a platform that users utilize to meet and interact with one another for their transactions. eMart is not and cannot be a party to or control in any manner any transaction between users on the Website.

1.  All commercial/ contractual terms are offered by sellers and agreed upon between sellers and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. eMart does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between sellers and buyers.

2.  eMart does not make any representations or warranties regarding specifics (such as quality, value, and saleability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. eMart does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. eMart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3.  eMart is not responsible for any non-performance or breach of any contract between sellers and buyers. eMart cannot and does not guarantee that sellers and buyers concerned will perform transaction(s) concluded on the Website. eMart shall not and is not required to mediate or resolve disputes or disagreements between sellers and buyers.

4.  eMart does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer seller chooses to deal with on the Website and use seller’s best judgment in that regard.

5.  eMart does not at any point in time during a transaction between seller and a buyer on the Website come into or take possession of any of the products or services offered by seller, gain title to or have any rights or claims over the products or services offered by seller to the buyer.

6.  At no time shall eMart hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. eMart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.

7.  The Website is only a platform that can be utilized by seller to reach a larger customer base to sell items or services. eMart only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between seller and the buyer.

8.  eMart has the discretion to change the Seller chosen by the Buyer without assigning any reasons.

9.  In case the buyer, post receiving the payment link does not make the payment within the TAT of 7 days, then on the 8th day, the order stands cancelled. The Seller’s 2.5% Transaction Amount paid is refunded back to the seller in total. A notification emailer is sent to the Buyer and Seller that the order stands cancelled on account of non-payment of monies.

Credit card details

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card, which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to the Site. Further the said information will be not be utilized and shared by the Site with any of the third parties unless required by law, regulation or court order.

Confirmation :

You understand, declare and agree that:

Emart Solutions India Pvt. Ltd. shall not and is not required to mediate or resolve any dispute or disagreement between you and the Buyer / Seller. You release and indemnify Emart Solutions India Pvt. Ltd. and/or the Site and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Emart Solutions India Pvt. Ltd. /the Site cannot control the information provided by other Users which is made available on the Site.

Suspension due to non-compliance with Agreement:

Notwithstanding other legal remedies that may be available to Emart Solutions India Pvt. Ltd., Emart Solutions India Pvt. Ltd. may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site:

If the User is in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of the Site;

If the User has provided wrong, inaccurate, incomplete or incorrect information;

If User’s actions may cause any harm, damage or loss to the other Users or to Emart Solutions India Pvt. Ltd..

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Indemnity:

User agrees to defend, indemnify and hold harmless Emart Solutions India Pvt. Ltd., the Site, its employees, directors, officers, agents and their successors and assigns from 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 use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

Limitation of Liability

In no event shall emart solutions india pvt. Ltd. site be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement, even if emart solutions india pvt.ltd. site has been advised of the possibility of damages, or inability to use the site/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site/services, or otherwise arising out of the use of the site/services, whether based on contract, tort, negligence, strict liability or otherwise, even if emart solutions india pvt.ltd. site or any of its suppliers has been advised of the possibility of images.

The clause shall survive the termination or expiry of this agreement.

Privacy Policy

Use of this site is subject to our Privacy Policy. The Site respects your privacy. The Site will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.

Disclaimer

The information about the products published on the Site are provided by the product manufacturers and vendors and are on an "as is where is" basis. Emart Solutions India Pvt.Ltd. /the Site makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the information, content, materials or products, included on this Site. To the full extent permissible by applicable law, Emart Solutions India Pvt.Ltd. disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Emart solutions india pvt. Ltd. expressly disclaims any warranties whether express or implied about the suitability, reliability, availability, timeliness, quality, conitunity, performance, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Site/services for any purpose. User specifically agrees that emart solutions india pvt. Ltd. /site shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the site/service. Users specifically agree that emart solutions india pvt. Ltd. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. Users specifically agree that emart solutions india pvt. Ltd. is not responsible for any content sent using and/or included in the site/service by any third party.

Advice received via the site/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Emart Solutions India Pvt.Ltd./Site with respect to the Sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Emart Solutions India Pvt.Ltd. /Site with respect to the Site/services. Emart Solutions India Pvt.Ltd. /Site’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Cancellation Policy

Cancellations will only be considered if the request is made within 4 hours of placing an order. There would be a 5% transaction Charges on the total amount. If the order is already under process, then the request will not be accepted.

Cancellation of consumer durable items and non durable.

In case of receipt of damaged or defective items, customer will have to report the same to our customer care center by mentioning the same via email to support@smeempower.com . The request can only be entertained once the merchant has checked and determined the same at his own end. This should be reported within 24 hours from the day of receipt of the products.

Product received is not as per shown / expected

However, in the event that the product is delivered is not as displayed, User can bring it to the notice of our customer service within 24 hours of receiving the product. And the matter will be handled on case to case bases.

Order cancelled due to product Out of stock / Change in price.

Please note that orders which are not delivered within the estimated time period may be cancelled as per vendor policy. In such cases vendor shall process complete refund of orders. Queries received outside the time frame as mentioned above, will not be entertained.

Refund Process

A refund is processed based on the mode of payment. Credit card refunds are done back to the credit card itself and will feature in the following monthly billing statement.

Net banking refunds are done back to the bank account.

Copyright Information

Copyright 2016 Emart Solutions India Pvt Ltd. All Rights Reserved. The graphics and content on this site are the copyrighted work of Emart Solutions India Pvt Ltd. and contain proprietary trademarks and trade names of the Company. No right or license is granted under any copyright, patent or trademark of Emart Solutions India Pvt Ltd. / smeempower.com to any party or person.

Third Parties

This site may contain links to other parties. Emart Solutions India Pvt Ltd. makes no warranty or representation regarding any linked site or the materials appearing therein. Such links do not constitute an endorsement by Emart Solutions India Pvt Ltd. of any such sites and are provided only as a convenience. Emart Solutions India Pvt Ltd. is not responsible for the content or links displayed on such sites.