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Terms of Use
Introduction
Welcome to the www.smartbaby.in, service provided by Smart Baby Retail Pvt. Ltd. In using the smartbaby.in service, of Digital Age Retail Enterprise, master franchise of Smart Baby Retail Pvt. Ltd, you are deemed to have accepted the terms and conditions listed below. 

All products/services and information displayed on SmartBaby.in constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. SmartBaby.in reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of SmartBaby.in prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
 
Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. You may use this site only if your age is over 18 years.


SmartBaby.in reserves the right to terminate your membership and refuse to provide you with access to the Site if SmartBaby.in discovers that you are under the age of 18 years. In case of a business entity, you represent that you have the necessary authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. SmartBaby.in makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. SmartBaby.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. 

Unless otherwise stated as additional terms and conditions which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of SmartBaby.in you agree to be bound by the Terms and Conditions. 

Modifications
SmartBaby.in reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Such changes may include, among other things, the adding of certain fees and charges. Any such modifications would be effective immediately. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the site after such modifications would be deemed to constitute acceptance of the modified terms by the End User.
 
Account and Registration Obligations
It is the user's responsibility to keep the details of the account and password confidential and you agree to accept responsibility for all activities that occur under Your Account or Password. SmartBaby.in shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately. If SmartBaby.in has reason to believe that there is likely to be a breach of security or misuse of the SmartBaby.in Site, we may require you to change your password or we may suspend your account without any liability to SmartBaby.in.
 
You also agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by FirstCry website during the registration process (such information being the "Registration Data")
2. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if SmartBaby.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, SmartBaby.in will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
 
Pricing Information
While SmartBaby.in shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. SmartBaby.in cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, SmartBaby.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, SmartBaby.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and SmartBaby.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that SmartBaby.in accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to SmartBaby.in dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
 
Cancellations by the Customer
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders.
 
Cancellation by SmartBaby.in
Under certain circumstances it might not be possible for us to accept an order and we may be compelled to cancel the same. We reserve the right to refuse or cancel any order for any reason at our sole discretion. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also ask for additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. The customer agrees not to dispute the decision made by SmartBaby.in and accept SmartBaby.in's decision regarding the cancellation.
 
Credit Card Details
You hereby agree, understand and confirm that the credit card details provided by you for availing of services on SmartBaby.in will be correct, accurate and current. Under no circumstances you shall use a credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to SmartBaby.in. The card details will not be utilised and shared by SmartBaby.in with any of the third parties unless required for fraud verifications or by law, regulation or court order. SmartBaby.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove it otherwise' shall be exclusively on you.
 
Fraudulent /Declined Transactions
In case of fraudulent use of the site, SmartBaby.in reserves the right to recover the cost of goods, collection charges and lawyers fees from person(s) concerned. SmartBaby.in reserves the right to initiate legal proceedings against such person(s) for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
 
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You hereby provide your consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You hereby agree that all notices, agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
User Conduct
You Agree and Confirm 
1. That you will use the services provided by SmartBaby.in, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. SmartBaby.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), SmartBaby.in has the right in its sole discretion to reject the registration and debar you from using the Services of SmartBaby.in and / or other affiliated websites without prior intimation whatsoever.
3. To compensate SmartBaby.in for any extra cost incurred for redelivery in the event of a non-delivery in the first instance on account of a mistake by you (i.e. wrong name or address or any other wrong information).
4. That you using your best and prudent judgment before entering into any transaction through this Site doing so at your sole risk.
5. After placing an order for a product you agree to be bound by the conditions of sale included in the item's description.


You may not use the Site for any of the following purposes: 
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
3. Gaining unauthorised access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Design details and Colours.
We have made every effort to capture high resolution images of our products so that you get a feel of the design details and colours of our products that appear on the Site as accurately as possible. However, what you actually see will depend on your monitor; we cannot guarantee that your monitor's display of any colour or other details will be accurate.
 
Modification of Terms & Conditions of Service
SmartBaby.in reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of SmartBaby.in’s Services after any amendments are posted on our Website.
 
Reviews, Feedback, Submissions
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications. SmartBaby.in does not control or endorse the content, messages or information found in any Community, and, therefore, SmartBaby.in specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to SmartBaby.in (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by SmartBaby.in as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants SmartBaby.in the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose.
 
Copyright & Trademark
Everything located on or in this Site, including the Microsites is the exclusive property of SmartBaby.in and can be used with express permission of the copyright and/or trademark owner. 
ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SmartBaby.in IS STRICTLY PROHIBITED. 
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties. 

This Site and Microsites contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of SmartBaby.in protected by copyright. SmartBaby.in owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of SmartBaby.in and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with SmartBaby.in shall not be deemed to be in the public domain but rather the exclusive property of SmartBaby.in, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of SmartBaby.in, unless otherwise stated. 

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SmartBaby.in does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted SmartBaby.in the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants SmartBaby.in the right to edit, copy, publish and distribute any material made available on this Site by End User. SmartBaby.in hereby reserves the right to terminate its agreement with any End User who repeatedly infringes on copyright rights upon notification to SmartBaby.in by the copyright owner. 

The foregoing provisions of this clause apply equally to and are for the benefit of SmartBaby.in, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
 
Indemnity
You agree to defend, indemnify and hold harmless SmartBaby.in, 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 your actions or inactions, which may result in any loss or liability to SmartBaby.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation 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 User Agreement.
 
Termination
SmartBaby.in may terminate this Agreement at any time. Without limiting the foregoing, SmartBaby.in shall have the right to terminate any passwords or accounts of End User in the event of any conduct by End User which SmartBaby.in, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. SmartBaby.in has right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
 
Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site. 

The Site provides content from other Internet sites or resources and while SmartBaby.in tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. SmartBaby.in will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. 

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, SmartBaby.in or its suppliers shall not be liable for any indirect, incidental, special, incidental, 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 Site, its services or this User Agreement. 

Without prejudice to the generality of the section above, the total liability of SmartBaby.in to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you.at SmartBaby.in, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, current-ness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, SmartBaby.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
 
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SmartBaby.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from SmartBaby.in on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
 
Miscellaneous
1. Force Majeure. Without prejudice to any other provision herein, SmartBaby.in shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond the SmartBaby.in 's control, including, without limitation, acts of the End User, embargo or other governmental act, regulation or request affecting the conduct of SmartBaby.in 's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
2. Entire Agreement. This Agreement and any operating rules for the Website established by SmartBaby.in constitute the entire agreement of the parties with respect to the subject matter hereof.
3. Waiver. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
4. Headings. The section headings used herein are for convenience only and shall be of no legal force or effect.
5. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
6. Governing Law: This Agreement will be governed by laws of India, subject to the Courts in Noida, without reference to conflict of laws principles, if any.