This document is an electronic record in terms of the Information Technology Act, 2000 (as amended from time to time). It rules there as applicable, and the provisions about electronic records in various statutes were amended by the Information Technology Act, 2000. This document is published following the requirements of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 which requires publishing of the rules and regulations, privacy policy and user agreement for access or usage of the website.
Tribetayling Private Limited, is a Limited Liability Partnership formed under the Limited Liability Partnership Act-2008 having its corporate office at 1310, Haware Infotech Park, Vashi, Navi Mumbai, Maharastra – 400703 (hereinafter referred to as the “Company”) has created an intermediary online platform by the name SMANN (hereinafter referred to as the “Site”, “Website”, “Platform” “Tribetayling or “Smann ”) which acts as an intermediary e-commerce marketplace facilitating delivery of food and other items The marketplace is a platform for domestic consumers to transact with third-party sellers, who have been granted access to the Site. The Company does not provide any services to users other than providing the marketplace as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing. The Company is not and cannot be a party to any transaction between you and the third-party sellers or have any control, involvement or influence over the products purchased by you or services received by you from such third-party sellers. (Hereinafter together referred to a “Products and Services”). The said Products and Services are described in detail in clause 4 hereunder. By accessing and/or using the Site the user 1 acknowledges that he/she has read understood and agrees to be legally bound by the terms and conditions outlined in this document. If you do not agree to abide by this User Agreement (the “Agreement”), you are not permitted to access or use the Site. All text, graphics, design, content, and other works are copyrighted works of the Company. The Company acknowledges the proprietary rights of third parties displayed on the Site. For this Agreement the terms “we”, “us” or “our”, refer to Smann or Company user interchangeably. When you use the services available on the Site, you consent to our collection, use, and disclosure of information about you as described both in this Agreement and the Privacy Policy displayed on the Site. The information contained on or linked to this Website is general only. Nothing on this Website is or purports to be advice. You should not rely on any information on or linked to this Website. If you need advice, you should seek personal professional advice based on your circumstances.
ACCEPTANCE OF TERMS
The services that we at SMANN provide to user is subject to the following terms and conditions:
This Agreement governs the use of certain specific material contained on the Website, and sets forth the terms and conditions that apply to use of the Site by User. By using the Website, the user agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to the user and is not transferable to any other person or entity. User is responsible for all use of user’s account (under any screen name or password) and for ensuring that all use of user’s account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of user’s password(s), if any. We shall have the right at any time to change or discontinue any aspect or feature of Website, including, but not limited to, content, material, and third-party communication link 2 (herein after referred to as “Third Party Websites”) needed for access or use.
SERVICES AND CONTRACT
On the Website, you can compare third-party products and services, including discounts being offered by such third parties on the sale of its products and services. We allow or provide access to websites hosted by other third parties, including the possibility to compare various services offered by third parties.
CHANGED TERMS
The Company shall have the right at any time to change or modify the terms and conditions applicable to the user’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Website, or by electronic or conventional mail, or by any other means by which the user obtains notice thereof. Any use of the Website by the user after such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions.
DESCRIPTION OF SERVICES
Through the Website, we provide users with access to a variety of services, as described in detail hereunder: The services constitute a technology platform that enables users of the Smann mobile application or website provided as part of the Services to arrange the delivery services through third independent third party drivers (“Third Party Providers”). Unless otherwise agreed by Smann in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT SMANN DOES NOT PROVIDE LOGISTICS SERVICES AND LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TRIBETAYLING PRIVATE LIMITED OR ANY OF ITS AFFILIATES.
Smann is a platform for domestic consumers to transact with third-party sellers, who have been granted access to the Site to display and offer products for sale through the Site. For abundant clarity, the Company does not provide any services to users other than providing the Site as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing. The Company is not and cannot be a party to any transaction between you and the third-party sellers, or have any control, involvement or influence over the products purchased by you from such third-party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Site. Services on the Site are available to only select geographies in India, and are subject to restrictions based on business hours and days of third-party sellers. Transactions through the Site may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Marketplace.
EQUIPMENT
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto.
USER CONDUCT
Users shall use the Website for lawful purposes only. User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to Products and Services. Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, and graphics which may belong to third parties and is copyrighted as a collective work under respective copyright laws. Smann acknowledges the proprietary rights of other parties mentioned on our Website. User may not modify, publish, copy, reproduce, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Website’s material will be permitted without the express permission of the Company and/or the copyright owner.
User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or any other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area or the Website, the user automatically grants or warrants that the owner of such material has expressly granted Smann 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. The user also permits any other user to access, view, and store or reproduce the material for that user’s personal use. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Website by the user.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of our services require the user to open an account, user must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. The user is entirely responsible for maintaining the confidentiality of the user’s password and account. Furthermore, the user is entirely responsible for any activities that occur under the user’s account. The user agrees to notify the Company immediately of any unauthorized use of the user’s account or any other breach of security. The Company will not be liable for any loss that the user may incur as a result of someone else using the user’s password or account, either with or without the user’s knowledge. However, the user could be held liable for losses incurred by the Company or another party due to someone else using the user’s account or password. Users may not use anyone else’s account at any time, without the permission of the account holder.
LIMITATION OF LIABILITY
User expressly agrees that use of the Website is at user’s sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Company is not liable for any delay in food delivery or if the food delivered is old, not as per specifications of the order or stale. Payments once made will be refunded based upon the situation. The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Notice of liability: despite regular controls, the Company is not liable for the content of external third party websites. The owners of these websites are fully responsible for the content of the linked pages. Please contact us if you notice external pages with illegal or immoral content. The legal information in this Agreement also applies to the Company’s social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. User specifically acknowledges that Smann is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the user. In no event will the user or any person or entity involved in creating the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the Website. User hereby acknowledges that the provisions of this section shall apply to all content on the site. In addition to the terms set forth above neither, Smann nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
Force majeure –
Smann Will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third-party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.
LINKS TO THIRD-PARTY WEBSITES
The links on the Website (including Company company-appointed vendor’s websites) will let you leave our Website. The linked sites are not under the control of Smann and Smann is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Smann is not responsible for webcasting or any other form of transmission received from any linked site. Smann is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smann of the site. Smann is only an intermediary service provider 3 (hereinafter referred to as “Intermediary”), and not a distributor or publisher of content supplied by third parties. Accordingly, Smann has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including, users or any other user of the website, are those of the respective author(s) or distributor(s), vendors and not of Smann. Smann does not guarantee the accuracy, completeness, or usefulness of neither content nor its merchantability or fitness. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, not under contract with Smann. Smann neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than our authorized employee or spokespersons while acting in their official capacities. Under no circumstances will Smann be liable for any loss or damage, whether financial or otherwise, caused by a user’s reliance on information obtained through the Website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
MONITORING
Smann shall have the right, but not the obligation, to monitor the content of the Website, including third-party websites, to determine compliance with this Agreement and any operating rules established by Smann and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that Smann in its sole discretion, finds to violate the provisions hereof or otherwise objectionable.
INDEMNIFICATION
User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Website by user. PAYMENT SECURITY Smann is only an Intermediary and therefore does not ensure that transactions you conduct online a safe and secure. To achieve this, please read the terms of use, privacy policy and any other policies or agreements outlined on each respective third-party website whose service the user may decide to avail at a given point in time. TERMINATION either Smann or the user may terminate this Agreement at any time. Without limiting the foregoing, Smann shall have the right to immediately terminate the user account in the event of any conduct by the user that Smann in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this Agreement.
MISCELLANEOUS
This Agreement and any operating rules for the Website established by Smann constitute the entire agreement of the parties concerning the subject matter hereof and supersede all previous written or oral agreements between the parties concerning such subject matter. TRADEMARKS The names of actual companies, websites, services and products mentioned herein and on the Website, may be the trademarks of their respective owners. Smann acknowledges the proprietary rights of the trademarks of other parties mentioned both in this document and on the Website. Any rights not expressly granted herein are reserved.
YOUR CONSENT
By using the Website, you consent to the terms of our Agreement and to the Site’s processing of information for the purposes given above.
GRIEVANCE REDRESSAL MECHANISM
If you have any grievance relating to this Agreement, you may email our grievance officer at social@smann.in or mail to 1310, Haware Infotech Park, Vashi, Navi Mumbai, Maharastra – 400703.
COMPLIANCE WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION RULES, 2011)
We at Smann take all reasonable measures to secure our computer systems and information contained therein following the reasonable security practices and procedures prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information Rules, 2011).
GENERAL PROVISIONS
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the user and the Company concerning your use of the Site. If you have questions regarding the agreement, please email: social@smann.in
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed under the laws of India and courts in Mumbai, India only shall have jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.