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Application and Acceptance of TOS

The ‘Terms of Service’ (‘TOS’) specified herein are effective from [*] and have been last updated on [*]. The reader is requested to read these terms and conditions carefully before accessing and using this website.

Welcome to supersmelly.in! (‘website’ or ‘site’). These TOS describe the terms and conditions applicable to your access and use of this website. This document is a legally binding agreement between you as the user(s) of the site, (herein referred to as ‘you’, ‘your’ or ‘user’) and Natturel & Kool Pvt. Ltd., New Delhi (‘the company’/ ‘we’/ ‘us’) and any accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement along with applicable laws for the purposes of use and access of this website. If you disagree with any part of the TOS then you should discontinue access or use of the Site.

We may from time to time change the terms that govern your use of our site. We may change, move or delete portions of, or may add to, our site from time to time. Every time you wish to use our site, please check these TOS to ensure you understand the terms that apply at that time. The company reserves the right to change this site and these TOS at any time. In order to enjoy all benefits of this site, it is recommended that you register and become a member. However, the user can also browse the site without registering.

You are solely responsible for protecting the security and confidentiality of your password and identification. You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use. You shall however immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security. At the time of your orders, you shall be requested shipping and payment information. All such and other personal information is subject to our Privacy Policy, which is hereby incorporated into these TOS. Therefore, please also read our Privacy Policy regarding personal information provided by you.

We may send electronic mail to you for the purpose of advising you of changes or additions to this site, about any of products or services, or for such other purpose(s) as you agree. You can unsubscribe by using the link from any email sent to you or your personal subscribe setting after logged in. As a member, you agree to receive emails promoting any special offer(s), including third party offers. We may also send you our monthly newsletter from time to time. To cancel your membership, update your order details or report any suspicious activity on your account, please contact us at [*].

Use of our website

This site is owned and operated by Natturel & Kool Pvt Ltd, a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 404, Ashoka Estate, Barakhamba Road, New Delhi - 110001.

Use of the website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the website. Any minor desirous of using or transacting on the website, is required to conduct such transaction through their legal guardian or parents. The website reserves the right to terminate any membership and / or refuse to provide access to the website if it is brought to the website’s notice or if it is discovered that the person accessing/ using the website is under the age of 18 years. By accepting the terms or using or transacting on the website, the user irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the company and such user to the extent permissible under applicable laws.

We grant you a limited license to access and use the site for your personal use, and to copy, distribute and transmit the content of this site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the site for your personal use. The site is only to be used for your personal non-commercial use and information. By mere accessing or using this site, you are acknowledging, without limitation or qualification, to be bound by these TOS and the policies, whether you have read the same or not. You are responsible to ensure that your access to this site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

We reserve the right to change the particulars contained in the TOS from time to time and at any time, without notice to its users, at its sole discretion. Your continued use of the site following the modifications to the TOS constitutes your acceptance to the modified TOS whether or not you have read them.

Communication

The user consents that for the use of the website, or emails being sent or any data or information being provided to us, he or she agrees and understands that the user is communicating with us through electronic records and consents to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Pricing

The company strives to provide accurate product and pricing information, however, errors may occur. Without limiting the generality concerning cancellations, refunds and returns, if a product/service is listed at an incorrect price or with incorrect information due to any technical error, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you.

Limitations of liability

Except as otherwise specifically provided, the site and the products offered on the site are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind. to the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. we do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components. we do not make any warranties or representations regarding the use of the materials on the site or their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. we won’t be held liable for any mistakes or oversights or for the consequences occurring from the usage of such details or for any technical issues you may go through when browsing the site.

This disclaimer comprises an integral part of this contract. To the maximum extent permissible under the relevant laws, we or our vendors will not be held legally responsible for any direct, indirect, secondary, supplementary, exceptional, special, incidental, consequential, resultant or standard damages, inclusive of but not limited to, damages due to loss of goodwill, usage, information or other indefinable damages, occurring from or in relation to the use of or inability to use the website or the materials listed on the website, the company’s services or this contract.

Without prejudice to the provision detailed above, the aggregate liability of the company to you for all obligations stemming from this agreement be it in tort or contractual is restricted to the price of the merchandise that you have ordered. The company, their contractors and affiliates and technology partners account for no representations, guaranties or warranties about the truthfulness, dependability, comprehensiveness, recency and/or timeliness of any material, details, software, written content, images, links or communications offered on or through the usage of the website or that the functioning of website will be without any mistakes and/or continuous. Therefore, we undertake no responsibility whatever for any financial or other loss borne by you due to the delay, breakdown, disruption, or corruption of any documents or other information transferred in relation with usage of the website and/or any disturbance or mistakes in the operation of the website.

You agree to indemnify, defend and hold harmless the company, its officers, directors, shareholders, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these TOS, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

Site security

As a condition of your access to and use of the s, you agree that you will comply with all applicable laws and regulations when using the site. You are forbidden from breaching or trying to break the security of the website, including without limitation - (a) procuring access to information unintended for you or logging onto a server or an account that you have no authorization to access; (b) trying to investigate, scan or examine the susceptibility of a system or network or to violate security or verification methods without appropriate permission; (c) endeavoring to obstruct the service provided to any other end user, host or system, including, without limitation, via means of submitting a virus to the site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unwelcome email, including promotions and/or advertising of products or services; or (e) faking any TCP/ IP packet header or any part of the header material in any email or newsgroup posting. Breach of system or network security could lead to a liability of criminal or civil nature. The company will examine 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 disrupt or attempt to disrupt with the smooth functioning of the site or any activity being performed therein. You accept, additionally, not to use or try to use any engine, program, appliance, proxy or other device or method (including without limitation browsers, spiders, machines, aliases or intelligent agents) to browse or explore the website apart from the search engine and search agents available on this site and apart from typically used third party web browsers (Safari, Mozilla Firefox, Google Chrome, etc.)

Member accounts and member responsibilities

If you wish to register yourself with the website, you shall be required to create an account by registering through your email account and by filling in the details prescribed in the website registration form. You will then receive a password and account designation upon completing the website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section or for any losses occurring thereto. You, as the user, waive any claims against the website for any loss and damage suffered by you on account of your failure to comply with the TOS and reasonably expected good practices in this regard.

Users of the website may be required to provide certain personal information and expressly permit the website to access, collect, store, retain, use, transfer and disclose such personal information of the users as may be required. Such provision and/ or access, collection, storage, retention, use, transfer and disclosure of the personal information of the users shall be subject to the website’s Privacy Policy.

Product & services information

The website attempts to be as accurate as possible in the description of the products on the site. However, the company does not warrant that the product description, colour, information or other content of the site is accurate, complete, reliable, current or error-free. The site may contain typographical errors or inaccuracies and the information may not be complete or current. The product pictures are indicative and may not match the actual product.

The company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

Transactions & Cancellations

You hereby agree, understand and confirm that the card details given by you for transacting on the website will be true, precise and up-to-date. In no situation shall you use a credit card of which you are not the legal owner. You further agree and accept to give accurate and valid credit card information to us. The card information will not be used and/ or shared by us with any third party except when needed for fraud verifications or by law, regulation or court order. We will not be held responsible for any credit card fraud. The liability for fraudulent use of a card shall fall on you and the responsibility to prove otherwise shall lie solely with you.

In case the site is used fraudulently, we reserve the right to claim the cost of goods, any other charges and lawyers fees from person(s) concerned. We reserve the right to institute legal actions against such person(s) for fraudulent use of the site and any other illegal act or acts or omissions in breach of these terms and conditions. In the event that we get a cancellation notice from the customer and the order has not been dispatched by us, we will cancel the order and return the whole sum. The orders that have already been dispatched by us cannot be cancelled.

In certain conditions it may not be possible for us to accept an order due to which we may be required to cancel the same. We reserve the right to refuse any order for any reason at our sole discretion. Certain situations that may result in your order being cancelled include restrictions on quantities available for purchase, mistakes in product or pricing details, or issues recognized by our credit and fraud avoidance team. We may alternatively request supplementary verifications or details prior to accepting any order. We’ll get in touch with you if all or any part of your order is cancelled or if further details are required to accept your order. If your order is cancelled after your credit card has been charged, the concerned amount will be duly credited back in your card account, however the same may take anywhere between [10 to 15] business days. The customer accepts not to dispute the assessment made by us and assents to our decision concerning the cancellation.

Product use & services

The products available on the site are for your personal use only. The products which you may receive from us, shall not be sold or resold for any/commercial purposes.

In case any products purchased causes side effects or don’t suit you, please note that the company is in no manner responsible. You should carefully read the individual terms and conditions and specifications in relation to the products and consult a specialist before using the same.

Guidelines for writing product review

Anyone who has a registered account with the website is eligible to write a product review. The company reserves the right to not include the product review that include any one or more of the following -

1. Spam or inappropriate content - like promotional information or phone numbers.
2. Details that are irrelevant to the product - delivery experience, availability, ordering, etc.
3. Factual errors in product information & product catalogue.
4. Mentions of other retailers, pricing, personal information etc.
5. Plagiarizing (copy-pasting) text from other reviews, guides, or sources.
6. Comments on other reviews posted on the product page.
7. Foreign language content.
8. Irrelevant information or content containing obscenity

Recommendation of the product & services

Any recommendation made to you on the site during the course of your use of the site is purely for informational purposes and for your convenience and does not amount to endorsement of the product by the company or any of its associates in any manner for you.

Fees

Membership on the site is free for buyers. The company does not charge any fee for browsing and buying on the website. The company reserves the right to change its fee policy from time to time. In particular, the company may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event the company reserves the right to introduce fees for the new services offered or amend/ introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the company.

Intellectual property rights

The technology underlying the site and the entire contents of the site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code and all intellectual property rights in and relating to the same, are owned by the company and protected by copyright and other intellectual property laws. We own the “Super Smelly” trademarks, service marks and trade names.

You hereby undertake not to copy and/ or in any other manner misuse the aforesaid and any other intellectual property of the company.

Notice regarding medical advice

This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, and images are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site.

Governing law and jurisdiction

These TOS and all transactions entered into on or through the website and the relationship between you and the company shall be governed by laws of India without reference to conflict of laws principles. The company is committed to resolving all disputes in a fair, effective and cost-efficient manner. We seek to resolve any customer concerns through our services at [phone number].

You agree that all claims, differences and disputes arising under or in connection with or in relation to the website, these TOS or any transactions entered into on or through the website or the relationship between you and the company, shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have basis improper venue or forum non conveniens. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.

Third Party links and sites

This site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of our website. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third-party site by you including for making payments, any website accessed from a third-party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You agree that we are not responsible for any loss or damage you may incur from dealing with such a third-party site. You should contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.

Dissolution

We may dissolve this agreement at any point. Without restricting the abovementioned, we will have the authority to terminate any user login credentials in case of any behavior by the user, which we, in our exclusive judgment, deem to be improper, or in case of any violation by anyone who has entered into this contract of any of its terms or conditions. Any such dissolution of this agreement won’t rescind your liability to make payment for any merchandise you have already ordered from the website or modify any obligation that may have occurred under these TOS. The TOS are applicable to you immediately upon your accessing of this site. Some provisions of the TOS shall survive the termination of this agreement.