Terms of Services
Effective Date: April 2, 2024
Website Covered: https://www.21genx.com/
THE AGREEMENT:
The use of this website and services on this website provided by Smith Retail Ventures Private Limited (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.21genx.com (the "Website"), all pages on the Website and any services provided by or on this Website ("Services"). By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.
1. DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Smith Retail Ventures Private Limited, Owner, Us, We, Our, Ours, and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term "Your" shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms of Serice and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
3) ABOUT THE SITE
The Website is an online store that carries out sales of the following: Innovative award-winning products. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable, and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect the contact information of other Users from the Website or download or copy any information using unsolicited access to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Owner IP"). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.
6) USER OBLIGATIONS
As a user of our Website or Services, you may be required to register with us. During registration, you will choose a user identifier, such as your email address, and a password. You may also provide personal information, such as your name. It is your responsibility to ensure the accuracy of this information. Do not share your identifying information with third parties, and if you suspect it has been compromised, notify us immediately in writing. You must maintain the security of your identifying information and inform us of any changes. Your billing information, including credit card details, is subject to the same confidentiality requirements. Providing false information or engaging in unlawful activities on our platform will result in immediate termination of your account. We reserve the right to refuse service, terminate accounts, or edit content at our discretion.
7) PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
8) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) 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; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party's use of the Website, (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (1) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. We reserve the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
You agree to comply with all applicable laws, statutes, and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law or regulation, or encourage the use of controlled substances
9) COMMUNICATION
You understand that each time use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received
10) AFFILIATE MARKETING & ADVERTISING
The Owner, through the Website and Services, may engage in affiliate marketing whereby the Owner receives a commission on or percentage of the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
11) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers
How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner may store some information about You for future reference.
12) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the Website.
13) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk. For goods or services sold by others, the Owner assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety, or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Owner. You hereby release the Owner from any claims related to goods or services manufactured or sold by third parties, including any warranty or product liability claims.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subject to the above. We may restrict the sales of products or Services to any person, geographic region, or jurisdiction at our sole discretion as we may decide on a case-by-case basis
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we cancel your order, we will contact the e-mail and/or billing address/phone number provided at the time the order was made.
We take care to accurately display the colors and images of our products but, we cannot guarantee that your computer or phone screen's display of any color will be accurate. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and standards, or that any errors in the Service will be corrected. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any products from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
14) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user, or network
15) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
16) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its legal counsel and may participate in its defense if the Owner wishes.
17)SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities Including gathering email addresses and personal information from others or sending any mass commercial emails
18) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to or from Our Website.
19) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
c) If You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website
21) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
The Owner reserves the right to terminate these Terms of Service with You at any time and for any reason, with or without cause. Termination may occur if You breach any of the terms outlined herein, including but not limited to, infringing upon the intellectual property rights of the Owner or a third party, failing to adhere to applicable laws or legal obligations, or engaging in the publication or distribution of illegal material.
If You have registered for an account with Us, You also have the option to terminate these Terms of Service at any time by contacting Us and requesting termination. It's important to note that any outstanding fees will still be payable even after Your account is terminated. Upon termination of these Terms of Service, provisions that are expected to survive termination by their nature will remain in full force and effect.
23) NO WARRANTIES
By accessing and using the Website and Services, you acknowledge and agree that such usage is entirely at your own risk. The Services provided by Us are offered on an "As Is" basis, and the Owner explicitly disclaims all express or implied warranties, including but not limited to the implied warranties of fitness for a particular purpose and merchantability.
The Owner makes no guarantees that the Website or Services will meet your requirements or operate uninterrupted, error-free, or secure. Additionally, the Owner does not warrant the reliability or accuracy of any information provided on the Website or through the Services. Any damage to you, your computer system, or loss of data resulting from your use of the Website or Services is solely your responsibility, and the Owner bears no liability for such damage or loss.
All information, software, products, services, and related graphics provided on the Website are provided on an "as is" and "as available" basis without warranty of any kind, whether expressed or implied. The Website disclaims all warranties, including but not limited to merchantability, fitness for a particular purpose, title, and non-infringement.
The Website does not guarantee that its use will be uninterrupted, timely, secure, or error-free, and you expressly agree to use the site at your own risk. The Website shall not be responsible for any content found on the Website.
Your use of any information or materials on the Website is entirely at your own risk, and it is your responsibility to ensure that any products, services, or information obtained through the Website meet your specific requirements.
The Website assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information, views, opinions, or advice provided on the Website. Any information from third parties or advertisers is provided as is, and the Website is not liable for any inaccuracies or inconsistencies.
The Website shall not be responsible for any interaction between you and other users of the Website or for any goods, services, resources, or content available through third-party dealings. You release the Website from any claims, demands, and damages arising from such disputes.
You acknowledge that the Website cannot guarantee the security of the Website or any information provided by you and shall not be responsible for unauthorized access or alteration of your transmissions or data.
The Website is not liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party. Additionally, the Website has no liability for any delay, cancellation, or other causes beyond its control.
In no event shall the Website be liable for any damages arising out of or in connection with the use of the site, including but not limited to loss of use, data, or profits, whether based on contract, negligence, or otherwise. If liability is established, it will not exceed 50% of the amount paid to Us for such transaction(s) on the Website.
You agree to indemnify and hold harmless the Website from any actions taken by you or authorized users of your account. If you are dissatisfied with the Website or Services, your only recourse is to discontinue use.
24)LIMITATION OF LIABILITY
a. No Warranties: The website and its content are provided on an "as is" and "as available" basis without any warranties of any kind, whether express or implied. The website owner disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability: In no event shall the website owner, its affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the use or inability to use the website or its content.
c. Third-Party Links: The website may contain links to third-party websites or resources. These links are provided for convenience only, and the website owner is not responsible for the content, products, or services offered on such third-party sites. The inclusion of any link does not imply endorsement by the website owner.
d. Indemnification: The user agrees to indemnify and hold harmless the website owner, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with the user's use of the website or its content.
e. Exclusions: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to all users. In such jurisdictions, the liability of the website owner shall be limited to the fullest extent permitted by law.
f. Basis of the Bargain: The user acknowledges that the limitations of liability outlined in these terms and conditions are fundamental elements of the basis of the bargain between the user and the website owner, and the user agrees that the limitations of liability shall apply even if any limited remedy fails of its essential purpose.
g. Exceptions: Nothing in these terms and conditions shall exclude or limit the website owner's liability for death or personal injury arising from its negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
h. Release: By using the website, the user hereby releases the website owner from any claims, demands, liabilities, or damages arising out of or in connection with the use of the website or its content.
25) GENERAL PROVISIONS
a.Governing Law: These Terms and Conditions shall be governed by and construed by the laws of INDIA, without regard to its conflict of law provisions.
b. Dispute Resolution: Any dispute arising out of or related to these Terms and Conditions or the use of the website shall be settled through arbitration.
c. Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
d. Waiver: The failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the website owner in writing.
e. Entire Agreement: These Terms and Conditions constitute the entire agreement between the user and the website owner concerning the subject matter herein and supersede all prior and contemporaneous agreements and understandings.
f. Modifications: The website owner reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. It is the user's responsibility to review these Terms and Conditions periodically for changes. Continued use of the website after any modifications indicates acceptance of the revised Terms and Conditions.
g. Assignment: These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by the user but may be assigned by the website owner without restriction.
h. Contact Information: Any questions about these Terms and Conditions should be directed to support@21genx.com