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Terms of Use

 

Your access to and use of this Website and the information, material, products and services available through this Website are subject to all applicable laws and regulations and to the following Terms and Conditions. By accessing, browsing and shopping at this Website, you accept, without limitations or qualification, these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Website.

Procsmart reserves the right to modify, alter, or otherwise update these Terms and Conditions at any time. The user is therefore advised to carefully review these Terms and Conditions prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the services. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

User Eligibility
Use of the Website 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 Website. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement..

Except where additional Terms and Conditions are provided 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 Procsmart you agree to be bound by the Terms and Conditions.

Your Obligations
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself. You further agree to maintain and promptly update all information to keep it true, accurate, current and complete. All information provided by you during the process of registration or purchase is protected in accordance with our Privacy Policy.

Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or anyone else using your username and password, whether or not authorized by you. Procsmart shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or username.

You agree that you will use the services provided by Procsmart , its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Website.

You agree not to upload or transmit any material through the website designed to interfere with or disrupt the normal operating procedures of a computer. You agree not to use the Website for disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

Any unauthorized modification, tampering or change of information, or any interference with the availability of or access to this Website is strictly prohibited. Procsmart reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claims, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Website (including any information, material, products or services available through this Website).

Product and Pricing Information
While Procsmart strives to provide accurate product and pricing information, typographical errors may occur. In the event an incorrect price or information is posted for a product, Procsmart reserves the right, at their sole discretion, to refuse or cancel any order placed for that product.
Cancellation by Procsmart
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. 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 require 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.
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. The customer agrees not to dispute the decision made by Procsmart and accept Procsmart's decision regarding the cancellation.
Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on Procsmart will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Procsmart . Further the said information will not be utilized and shared by Procsmart with any of the third parties unless required for fraud verifications or by law, regulation or court order. Procsmart 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 otherwise' shall be exclusively on you. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Fraudulent Transactions
Procsmart reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. Procsmart reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these Terms and Conditions.
Modification and Discontinuation
Procsmart reserves the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, editing deletion, suspension or discontinuance of this website.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Dehra Dun shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Procsmart and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time.

Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Procsmart on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain Procsmart property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Procsmart of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Procsmart owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Procsmart will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Procsmart is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". Procsmart does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant Procsmart the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Procsmart and its affiliates for all claims resulting from any Comments you submit. Procsmart and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Procsmart and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Procsmart or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to Procsmart. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Procsmart. You may not modify, distribute or re-post anything on this Website for any purpose.

The Procsmart names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Procsmart. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

References on this Website to any names, marks, products or services of third parties or hypertext links to third party Websites or information are provided solely as a convenience to you and do not in any way constitute or imply Procsmart endorsement, sponsorship or recommendation of the third party, information, product or service.

Procsmart is not responsible for the content of any third party Websites and does not make any representations regarding the content or accuracy of material on such Websites. If you decide to link to any such third party Websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Procsmart or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Procsmart, one of its affiliates or by third parties who have licensed their materials to Procsmart and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Procsmart and is also protected by Indian and international copyright laws.

Objectionable Material
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Procsmart and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity
You agree to defend, indemnify and hold harmless Procsmart , 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 Procsmart 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
This User Agreement is effective unless and until terminated by either you or Procsmart . You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website. Procsmart may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to Procsmart. Upon any termination of the User Agreement by either you or Procsmart, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Procsmart's 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 Website or affect any liability that may have arisen under the User Agreement.
Limitation of Liability and Disclaimers
The Website is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website.

The Website provides content from other Internet Websites or resources and while Procsmart tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Procsmart 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 Website.

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, Procsmart 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 Website, its services or this User Agreement.

Without prejudice to the generality of the section above, the total liability of Procsmart 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.

Procsmart, 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 Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Procsmart 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 Website; and/or any interruption or errors in the operation of the Website.

Website Security
You are prohibited from violating or attempting to violate the security of the Website, 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 Website, 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. Procsmart 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 Website or any activity being conducted on this Website. 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 Website other than the search engine and search agents available from Procsmart on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
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 you and Procsmart with respect to the Procsmart Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Procsmart with respect to the Procsmart Websites/services. Procsmart 's failure to act with respect to a breach by you or others does nive its right to act with respect to subsequent or similar breaches.