INTRODUCTION

Welcome to Smartbuy CyberMart Pvt. Ltd. also hereby known as “we", "us" or "CyberMart". We are an online ecommerce website and these are the terms and conditions governing your access and use of CyberMart along with its related sub-domains, sites, mobile app, services and tools. By using the Site, you hereby accept these terms and conditions and represent that you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by parent company based in USA: ConvexTech Inc. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

 

A

YOUR ACCOUNT

To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation. You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.

Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

 

B

PRIVACY

Please review our Privacy Agreement which also governs your visit to the Site CyberMart. The personal information/data provided to us by you or your use of this Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.

 

C

PLATFORM FOR COMMUNICATION

You agree, understand and acknowledge that the Site CyberMart is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and Cybermart while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.

 

D

CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

 

E

LICENSE TO ACCESS THE SITE

We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non- exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for personal items and services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you. Content provided on this Site is solely for informational purposes. Product representations including price, available stock, features, add-ons and any other details as expressed on this Site are the responsibility of the vendors displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions. We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of third parties; or any use of data mining, robots, or similar data gathering and extraction tools.

This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable. You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action.

     

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the Site for illegal purposes.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
  • Interfere with another’s utilization and enjoyment of the Site.
  • Post, promote or transmit through the Site any prohibited materials as deemed illegal by the USA, Local and international Laws.
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

 

F

YOUR CONDUCT

You must not use the website 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 must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site For fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of the United States of America or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam”. Use the Site for illegal purposes. To cause annoyance, inconvenience or needless anxiety. For any other purposes that is other than what is intended by us.

 

G

REPRESENTATIONS AGAINST OBJECTIVE CONTENT

We have thousands of products for sale on the Site and many comments on listings; nevertheless, we cannot know the contents of every product listed for sale or every comment or review submitted. As a result, we follow the "claim, review, and takedown" principle." If you believe that any content on the Site is illegal, offensive (including, but not limited to, sexually explicit content or content that promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, or defamatory, please contact us immediately. Please note that any content that is ethnically objectionable, disparaging, otherwise harmful to third parties; that relates to or promotes money laundering or gambling; or that is harmful to minors in any way, that impersonates another person; that threatens the unity, integrity, security, or sovereignty of local and foreign States; or that is objectionable or otherwise unlawful in any way; or that consists of or contains software viruses, ("objectionable content"). Include your name, address, and phone number, as well as many claim facts as feasible, such as the name of the problematic material party, instances of objection, and proof of objection, among other things. Please keep in mind that providing insufficient information will render your claim ineffective in court.

 

H

CLAIMS AGAINST INFRINGING CONTENT

Others' intellectual property is respected by us. If you believe your intellectual property rights have been violated, please contact us at info@cybermart.com, and we will do everything possible to resolve your complaint in a timely manner. Please include your name, address, and contact information, as well as many pertinent details about the claim as possible, such as the identity of the infringing party, instances of infringement, and proof of infringement. Please keep in mind that providing erroneous information will render your claim invalid and valueless in court. Furthermore, supplying inaccurate or misleading information may be regarded as a legal infraction, with legal consequences. We also recognise the ability of a producer to enter into exclusive distribution or resale arrangements for its goods. Violations of such agreements, on the other hand, do not constitute an infringement of intellectual property rights. It would not be acceptable for us to assist in the enforcement of any of these agreements as it is the topic between the manufacturer, distributor, and/or the respective reseller. While we are unable to provide legal advice or reveal personal information that is protected by law, we encourage that any inquiries or concerns you have about your rights be sent to a legal specialist.

 

I

DISCLAIMER

You understand and agree that you are using the Site's services and transacting at your own risk and that you are using your best and most reasonable judgment before entering into any transactions. We will not be liable for any actions or inactions or any breach of representations, conditions, or guarantees solely made by the manufacturers of the items, and we fully disclaim all duty and liability in this regard. We will not act as a negotiator or arbitrator in any kind of controversy or disagreement between the product's vendors/producers & you. We also expressly disclaim any express or implied warranties/representations about the quality, suitability, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular reason, or legality of the products listed, displayed, or transacted, or the content (that includes items or pricing details and/or specifications) on the website. While we have made measures to avoid inaccuracies in content, this Site, including all content, information (including product prices), software, products, services, and related graphics, is provided "as is" with no warranties of any kind. We do not encourage or endorse the purchase or sale of any products on the Site, either implicitly or explicitly. No right, title, or interest in the products sold through or displayed on the Site will ever vest in us, and CyberMart will never have any responsibilities or liabilities in connection with any transactions on the Site. We will not be liable or responsible for the conduct or inactions of any other service provider listed on our Site, including but not limited to payment providers, installment programs, warranty services, and other similar services.

 

J

INDEMNITY

You agree to indemnify and hold harmless CyberMart as owned by ConvexTech Inc. USA, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees from any claim or demand made by a third party, or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party. You expressly release CyberMart as owned by ConvexTech Inc. the USA and/or its affiliates, as well as any of their officers and representatives, from any cost, damage, liability, or other consequence of any of the service providers' actions/inactions, and specifically waive any claims or demands you may have in this regard under any statute, contract, or otherwise.

 

K

COMMUNICATION WITH US

You are communicating with us through artificial intelligence when you visit the Site or send us e-mails. When placing an order with us, you will be needed to supply a valid phone number. We may contact you via e-mail, SMS, phone call, publishing notices on the Site, or any other method we deem appropriate. When a third party is engaged in your transactions, you can determine by carefully scrutinising them, and we may share customer information relating to those transactions with the third party. You should read their privacy policies & relevant terms and conditions thoroughly. The CyberMart and customer Interaction Policy lays forth the expectations that Cybermart must meet while interacting with customers through the FAQ Section, Instant Messenger, and Product Review Platform of the Site. This website observes all the communication and transactions that occurred and has the right to take action in case of any infringement.

 

L

AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISES

At any time, we reserve the right to change the website, its policies, any other publicly disclosed conditions or service promise, and these terms & conditions. Unless a change to those policies or these conditions is required by law or government authority, you will be bound by the policies and terms and conditions in effect at the time you used the Site (in which case it will apply to orders previously placed by you). If any of these conditions is found to be invalid, void, or unenforceable for any reason, that condition will be deemed severable, and the validity and enforceability of the other conditions will not be affected.

 

M

EVENTS BEYOND OUR CONTROL

We will not be held liable for any delay or failure to perform our obligations under these terms if the delay or failure is caused by an event beyond our reasonable control. Your legal rights are unaffected by this situation.

 

N

WAIVER

You understand and recognise that we are a private commercial firm with the right to conduct business as we see fit in order to achieve our objectives. You also acknowledge that if you violate our Site's terms and we do nothing, we retain the right to employ our rights and remedies in any other situation where you violate these terms.

 

O

TERMINATION

We may, in addition to any other lawful or equitable remedies, immediately terminate the Terms & Conditions or rescind any or all of your rights that are granted under this policy without prior notice to you. If this Agreement is terminated, you must immediately cease all access to and use of the Site, and we will immediately revoke all passwords and account identification issued to you, deny your access to and use of the Site in whole or in part, based on to any additional/other legal or equitable remedies. Any termination of this agreement will have no effect on the party’s respective rights and obligations (including, but not limited to, payment obligations) arising prior to the termination date. You further agree that the Site will have no liability to you or anyone else as a result of any such suspension or termination. Your sole and exclusive remedy, if you are unsatisfied with the Site or any terms, conditions, rules, policies, guidelines, or procedures used to operate the Site, is to stop using it.

 

P

GOVERNING LAW AND JURISDICTION

The following terms and conditions are governed by and are constructed complying with the laws of the Indian Government. You agree, as we do, to submit to the exclusive jurisdiction of the court of Telangana, India.

 

Q

CONTACT US

You may reach us through this link Click Here

 

R

OUR SOFTWARE

"Our software" refers to any software (including any updates or upgrades to the software, as well as any related documentation) that we make available to you for use in connection with the Site from time to time (the "Software"). You may only use the software to enable you to utilise and enjoy our services in accordance with the Terms and Conditions and any other applicable terms as set forth on the Site. You may not incorporate any portion of the Software into your own programs, compile any portion of it with your own programs, transfer it for use with another service, sell, lease, lend, rent loan, sublicense, or assign any rights to the Software in whole or in part. You may not use the Software in any way that is illegal. We have every right to stop providing service and cancel your right to use the Software at any time. If you fail to comply with any of the Terms and Conditions contained here or elsewhere on the Site, your rights to use the Software will instantly end without notice from us. In the event of a disagreement with these Conditions & Agreements, additional third-party terms incorporated within the Site or provided as such that are clearly identified in relevant documentation may apply and control the use of such software. All software used in any of our services is owned by us, our affiliates, or their software suppliers, and is protected by law, including but not limited to copyright laws. You may be using the services of one or more third parties when you use the Site, such as a wireless carrier or a mobile platform provider. These third-party services may have their own policies, terms of service, and fees that apply to your use of them. You may not, and you will not encourage, assist, or authorise anyone else to, copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software, in whole or in part, or create any derivative works from or of our software. We may offer automatic or manual upgrades to the Software at any time and without notification to you in order to maintain its current.

 

S

CONDITIONS OF SALE

Please read these terms and conditions carefully before ordering any products on the Site. These terms & conditions state clearly that you agree to be bound and act by them.

a

CONDITIONS RELATED TO THE SALE OF THE PRODUCT OR SERVICE

This section covers the terms and conditions of the Site's product and service sales.

b

THE CONTRACT

Your order is a legally binding promise to purchase the product or service displayed on our website. Any confirmations or status updates you get prior to the shipping of your order serve simply to validate the order details you provided and do not imply that your transaction has been confirmed. The acceptance of your order is considered verified once the product is dispatched to you. If your order is dispatched in many parcels, you may receive separate dispatch confirmations. When you place an order, we provide an estimated timescale for processing your purchase; however, we cannot guarantee that this deadline will be precisely followed in all circumstances because we rely on third-party service providers to uphold this promise. We guarantee that we will do everything possible to achieve the estimated deadline. The only ones that offer and agree on commercial/contractual terms are you and the vendors. Commercial/contractual terms include price, shipping fees, payment methods, payment terms, date, period, and manner of delivery, warranties related to products and services, and after-sales services linked with products and services. Cybermart has the right to cancel any order prior to shipping at any time. We'll send you an email or SMS to let you know about the cancellation as soon as possible. In the event of such cancellations, any prepayments made will be refunded to you within the time frames stated. A page for Returns, Refunds, and FAQs for Return Products should be built (s). You represent and warrant that the product(s) or service(s) you ordered are for internal/personal use only and are not for resale. You give us permission to make a declaration on your behalf to any governmental authority, stating the above-mentioned purpose for your Site orders. When an order's amount exceeds an individual's average consumption, the Site may cancel it. This is true for both the number of products ordered in a single order and placing several orders for the same product in quantities greater than the average individual consumption. A variety of characteristics, as well as our exclusive judgment, will define what constitutes a typical individual's consumption amount restriction, which will vary from person to person. You have 30 minutes to cancel your order free of charge before it is shipped. Please note that we only sell products in quantities that correspond to the needs of the ordinary household. This is true for both the number of products ordered in a single order and placing multiple orders for the same product in numbers that are representative of a normal household.

c

RETURNS

For more information, please see our Returns Policy (Return Policy Link). Note that if your return is denied, you will receive a refund within 3-5 business days. If you do not receive your item after three attempts, it will be discarded.

 

NOTE: Above Terms & Conditions are ought to be followed by our customers and are bound legally under the laws of the Indian Government.