SMARTBIZ TERMS OF USE

Welcome to the Smartbiz site and or mobile application (the "Site") made available by Prione Business Services Private Limited ("Amazon" or "we" or "us" or "our") having its registered office located at H-9, Block B-1, Mohan Cooperative Industrial Area, Mathura Road, New Delhi-110044 subject to the conditions contained herein. Please read these terms of use of the Site ("Terms of Use") carefully. By visiting the Site, you signify your agreement to be bound by these conditions.

These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your Account


If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile to prevent unauthorised access to your account / account credentials / password. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password hasve become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us are correct and complete and should immediately inform us of any changes to the information that you provided when registering. You may view and update your information on the Site in a manner as may be prescribed on the Site from time to time, if any. You agree and acknowledge that you will use your account on the Site to purchase goods and services from the Storefront (defined below).

SaaS Platform


You agree, understand and acknowledge that:

Access to the Site & Storefront


We will take all reasonable efforts to ensure that availability of the Site and any Storefront will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Site and/or any Storefront may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new feature or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction and will notify you in advance through email or push notifications.

Privacy


Any information (including any personal information or sensitive personal data or information) (collectively referred to as "Your Information") provided by you, while using or accessing the Site, is processed by us, for and on behalf of the Sellers, to facilitate your access to the Storefront, enable the Sellers to offer goods or services to you, including through their arrangements with third-parties. We, as a data processor, are processing Your Information based on the specific instructions of the Sellers.

For further details, please refer to the Seller policies connected with the collection, handling, use and processing of Your Information.

Electronic Communications


When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, on behalf of the Seller. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright


All protectable content included on this Site is the property of Amazon or its affiliates or its content suppliers, and is protected by the laws of India and other countries.

You may not copy the contents of the Site without the express written consent of Amazon or other content owners.

Trademarks


Amazon, the Amazon logo, and other marks indicated on our Site are trademarks of Amazon or its affiliates in the United States and other countries. Amazon and its affiliates' intellectual property may not be used in connection with any product or service without Amazon’s permission or in any manner that is likely to cause confusion. Any trademarks not owned by Amazon or its affiliates that appear on this Site are the property of their respective owners.

License and Site access


Amazon grants you a limited license to access and make personal use of this Site and not to download (other than system initiated page caching) or modify it, or any portion of it, except with express written consent of Amazon and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amazon and / or its affiliates, as may be applicable. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Amazon or its affiliates without their express written consent. You may not use any meta tags or any other "hidden text" utilizing Amazon's or its affiliates name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by Amazon and / or its affiliates. You may not use any logo or other proprietary graphic or trademark of Amazon or its affiliates as part of the link without their express written permission.

Your activity


Your activity on the Site is not intended for use by children. If you are a minor, i.e. under the age of 18 years, you may use the Site only with involvement of a parent or guardian. Amazon and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.

You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Amazon, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law. You must not use the Site for any of the following:

Indemnity and Release


You shall indemnify and hold harmless Amazon, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party or out of any aspect of the transaction between you and Seller.

You hereby expressly release Amazon and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Other Businesses


We provide links to the websites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

Relationship of Parties


You and we are independent contractors, and nothing in this Terms of Use will be construed to create a partnership, joint venture, association of persons, agency, franchise, sales representative, or employment relationship between the parties. Amazon is not an auctioneer, neither is it an intermediary between for transaction between you and the Seller. You will have no authority to make or accept any offers or representations on our behalf. This Terms of Use will not create an exclusive relationship between you and us.

Disclaimer


THIS SITE IS PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE QUALITY, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, PERFORMANCE, SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE INFORMATION, CONTENT, MATERIALS, INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. AMAZON RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS SITE AT ANY TIME IN ITS DISCRETION. AT NO TIME SHALL ANY RIGHT, TITLE OR INTEREST IN THE GOODS OR SERVICES SOLD THROUGH OR DISPLAYED ON THE STOREFRONT VEST WITH AMAZON NOR SHALL AMAZON HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF ANY TRANSACTIONS MADE BY YOU ON THE STOREFRONT. YOU ACKNOWLEDGE AND UNDERTAKE THAT YOU ARE ACCESSING THE SERVICES ON THE SITE AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS WITH THE SELLER ON THE STOREFRONT. AMAZON WILL NOT BE RESPONSIBLE RELATING TO THE CONTENT, MATERIAL, INFORMATION PROVIDED BY THE SELLER(S). WE SHALL NOT MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN YOU AND THE SELLER(S). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Losses


We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

Governing Law and Jurisdiction


By visiting this Site, you agree that the laws of India will govern these Terms of Use and any dispute of any sort that might arise between you and Amazon or its affiliates. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.

Waiver


If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Force Majuere


We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Use if the delay or failure arises from any cause which is beyond our reasonable control.

Sanctions and Export Policy


You must comply with all applicable import, re-import, sanctions, anti-boycott, export, and re-export control laws.

Modification and Severability


We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. If any part of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

Our Details


This Site is operated by Prione Business Services Private Limited. You can contact us by visiting: smartbiz-team@amazon.com