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Terms & Conditions

These Terms of Use are the legal terms and conditions subject to which Electrical Standard Products provides access to and agrees to the use ofthe so-called “Smartshop.Lntebg.com” of the Electrical Standard ProductsBusiness.

We hereby expressly inform you that the possibility to shop on Smartshop.Lntebg.com is only granted to legal entities having first fulfilled the conditions to register an account in “Smartshop.Lntebg.com” and reciprocally with the aim to improve respective online experience by presenting one view of L&T Electrical & Automation’s products, solutions, and services to our professional partners.

By logging to Smartshop.Lntebg.com, you acknowledge that you have read and understood the present Terms of Use and you agree to be bound by all of their provisions.

Please understand that if you do not accept these Terms of Use, you will not be able to become a User (as defined hereinafter) of Smartshop.Lntebg.com.

1. Purpose of the Smartshop.Lntebg.com

The Smartshop.Lntebg.com is a web-based portal for sell of its electrical standard products through e-commerce and it is operated and managed by Schneider Electric Private Limited, acting through and only for its Electrical Standard ProductsBusiness (hereinafter referred to as E&A) having its registered office address at C-56, Mayapuri Industrial Area, Phase II, New Delhi-110064.

The Smartshop.Lntebg.com is dedicated to offer the possibility for Users, Customers to access the wide range of electrical products of E&A & purchase through e-commerce portal.

On the Smartshop.Lntebg.com, E&A will provide the User with a variety of Contents and services such as but not limited to the following: -For online purchase of E&A products from its wide range of products sold by the authorized channel partners of E&A at its e-commerce website portal;
- For providing technical information and installation support to the Users
- For providing latest updates on the E&A products

 

2. Definitions

For the purposes of these Terms of Use, the capitalized terms below shall have the meaning defined herein below:
“Account” means the account You create on Smartshop.Lntebg.com
“Account Information” means information about You that You provide to us in connection with the creation or administration of Your Account on Smartshop.Lntebg.com.
“Affiliates” means, with respect to each of E&A and the User, any corporation, company or other legal entity that is directly or indirectly (i) controlling E&A or the User, or (ii) controlled by E&A or the User, or (iii) under common control with, respectively, E&A or the User, and the term “control” shall, for the purpose of this definition, mean the direct or indirect control of at least 50% of the stock capital and/or of the voting rights.
“Content” means any of the E&A Contents and User Contents, when any of the same is not specifically referred to in these Terms of Use.
“Intellectual Property Rights”: means any and all rights of any kind and any type arising under statute, regulation, ordinance, common law, treaty, convention or otherwise, and including, without limitation any patents, utility models, moral rights, copyright and neighboring rights, trademarks and trade dress rights, mask work rights, service marks, right in domain names, Smartshop.Lntebg.com rights, rights in computer software, database rights, rights in confidential information (including but not limited to all rights in know-how and trade secrets) and any other intellectual property rights, in each case whether registered or not, including but not limited to applications and renewals, and all rights and forms of protection having equivalent or similar effect, recognized under the laws of each and every jurisdiction throughout the world.
“Personal Information” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Policies” means the Privacy Policy and any other privacy notice provided, referenced in or incorporated into the Smartshop.Lntebg.com or these Terms of Use.
“Privacy Policy” means Schneider Electric Global Data Privacy Policy located under our global website legal information at www.schneider-electric.com (and any updates and any successor or related locations designated by us), as it may be updated by us from time to time.
“E&A Content” means any digital content, such as but not limited to, any information, content and data related to product literatures of E&A products, solutions, in whatever format such as but not limited to text, audio, video, images, graphics, drawings, schematics, photos and literature, that is created or otherwise generated by or on behalf of E&A or any of its Affiliates. “User(s)” or “You” means any corporation, company or other legal people to whom access to and the right to use the Smartshop.Lntebg.com is granted by E&A, when such person has fulfilled the conditions to log to the Smartshop.Lntebg.com as defined herein and has accepted these Terms of Use.
“User Contents” means any digital content, such as but not limited to, any information, feedback, ratings, and suggestions, in whatever format such as but not limited to text, audio, video, images, graphics, drawings, schematics, photos, literature and as the case may be downloadable contents, that the User uploads, collects, stores, processes, uses, creates or modifies through its use of the Smartshop.Lntebg.com, such as in relation to (i) the E&A Contents, (ii) E&A products whether E&A branded or not or (ii) the products, solutions and/or services that the User builds in or considers building in the Smartshop.Lntebg.com.

3. Eligibility

To be eligible to log to the Smartshop.Lntebg.com, and without prejudice to the provisions set out in Section 4 “User Account” below, You must be a legal person acting in Your ordinary course of business considering that the Smartshop.Lntebg.com is intended to be used for professional purpose only.

When the person agreeing to these Terms of Use on behalf of a legal person is a natural person, such natural person declares and warrants to E&A that he/she is of legal age in his/her country of residence and has the authority to bind that legal person to these Terms of Use in which event, "You" and "Your" will be deemed to refer to that legal person.
Any person agreeing to these Terms of Use must be authorised to perform any other legal acts required of You under these Terms of Use.

4. User Account

If You wish purchase on the Smartshop.Lntebg.com, You shall first create an Account on www.smartshop.Lntebg.com_______(Hereinafter referred to as Smartshop.Lntebg.com Website) and complete the related registration process by providing us with current, complete and accurate Account Information required by the applicable registration form. Any refusal to complete one of such required Account Information shall prevent You from the possibility to create an Account.

You are responsible for keeping Your Account Information confidential and are responsible for all activity that occurs under Your Account.

For this purpose of creating an Account and registering on Smartshop.Lntebg.com Website, You shall:
(a) duly complete the dedicated online registration form(s) made available on Smartshop.Lntebg.com Website; in doing this, You must give true and accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay by writing a mail to CIC (Customer Interaction Centre) to update such information. You shall ensure that your e-mail address, as supplied in such registration form, is an address at which You can be contacted and is current at all times;
(b) On filling the registration form a verification email is sent on the user’s email id. In this email there is a link to configure password. The user needs to click on the link and set the desired password;
(c) maintain protection of your Credentials and ensure these are not accessible by third parties You shall be liable for all activities carried out under your Credentials and accept all risks of any authorized or unauthorized access thereto;
(d) not remain connected to your Account while your computer or any other device connected thereto is unattended; and
(e) If and to the extent, you become aware that third parties are misusing your Credentials, You shall notify E&A thereof without undue delay in writing; after receipt of any such notice, E&A will deny access to your Account under such Credentials. Your access to such pages will then only be possible again upon your application to E&Afor either resetting the old password or/and completion of a new registration process to Smartshop.Lntebg.com Website.

E&A is entitled, at any time and without notice or liability to you, to deny you the right to access, or terminate your access to, your Account by blocking or disabling your Credentials, in particular if youuse false data for the purpose of your registration to Smartshop.Lntebg.com Website; violate these Terms of Use or any Policies associated hereto or incorporated herein; neglect your duty of care created by these Terms of Use with regard to your Credentials; orviolate any applicable laws in the access to or use of your Account, the Smartshop.Lntebg.com Portal and/or its Contents.

Denial or termination by E&A of your access to your Account shall not waive or affect any other right or remedies to which E&A may be entitled at law or, if applicable, in equity.

 

5. Acceptable Use.

 

In accessing or using the Smartshop.Lntebg.com, you agree:

  • not to disrupt or interfere with the security of, or otherwise abuse,the Lntebg.com or any services, system resources, accounts, servers or networks connected to or accessible through Smartshop.Lntebg.com, other E&A websites or online portals or any affiliated or linked web sites;
  • not to disrupt or interfere with enjoyment by any other user of theLntebg.com, other E&A websites or online portals or any affiliated or linked web sites;
  • not to upload, post, or otherwise transmit through or on theLntebg.com, other E&A websites or online portals or any affiliated or linked web sites, any viruses or other harmful, disruptive or destructive files or to otherwise change or alter any information or content offered by or through any of the aforesaid web sites or web pages;
  • not to use or attempt to use the Credentials of any other user of theLntebg.com, other E&A websites or online portals or any affiliated or linked web sites, neither create or use a false identity on any of them;
  • not to transmit through or on theLntebg.com, any spam mail, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings;
  • not to divulge your Credentials to any third-party either online or offline oftheLntebg.com;
  • not to attempt to obtain unauthorized access to theLntebg.com;
  • not to use the Lntebg.com to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy or Intellectual Property Rights of where applicable) of E&A, its Affiliates or anythird-party;
  • not to use the Lntebg.com to publish, post, distribute or disseminate any information or material which is obscene, defamatory, indecent or unlawful;
  • not use any hardware or software intended to damage or interfere with the proper working of the Lntebg.com or to surreptitiously intercept any system, data or Personal Information from the Smartshop.Lntebg.com:
  • not to interrupt or attempt to interrupt the operation of the Lntebg.com in any way;
  • not to use theLntebg.comto take any action which would cause E&A and/or its Affiliates to be in violation of any law or regulation.

The User agrees to abide by all additional restrictions displayed on the Smartshop.Lntebg.com as it may be updated from time to time.

When accessing and using the Smartshop.Lntebg.com in any country, You are exclusively and fully responsible for Your compliance with all laws and regulations applicable thereto in such country.

Accessing and/or using the Smartshop.Lntebg.com where such use would be unlawful or otherwise restricted, is prohibited under these Terms of Use.

In using the Smartshop.Lntebg.com and any Contents available therein, the User is solely responsible for any commitments it makes to its own partners, customers or any other third-party in relation with such use and any action undertaken by the User in pursuance of such use.

The User shall not make any commitments to its own partners, customers or any other third-party on behalf ofE&A.

 

6. User Contents.

 

6.1 By providing User Contents to the Smartshop.Lntebg.com, and unless otherwise separately agreed in writing between User and E&A, the ownership of Intellectual Property Rights on User Contents shall remain vested in the User or its licensors and shall not be transferred to E&A.  The User grants E&A, with the right to sub-license to its Affiliates, an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and worldwide right to publish, use, reproduce, modify, adapt, translate, create derivative works from, distribute and display User Contents on the Smartshop.Lntebg.com for the purpose of the provision by E&A of the Smartshop.Lntebg.com’s features and benefits to its Users as set forth in these Terms of Use.

6.2 You warrant and represent that You have and will maintain all the rights necessary to provide any User Content to E&Afor publication on the Smartshop.Lntebg.com and to grant the foregoing license rights to E&A, on a worldwide basis, for the duration of these rights and without further restriction or obligation on E&A. No compensation will be owed by E&A with respect to the use of Your User Contents in accordance with these Terms of Use. You further warrant that the User Contents are accurate, do not contain confidential or proprietary information, are not in violation of any law, contract or Third-Parties’ rights and that its publication will not cause any harm to any legal or natural person. User will indemnify and hold harmless E&A and its Affiliates from and against all claims resulting from User Contents, its publication on the Smartshop.Lntebg.com or any breach to the above stated warranties and representations.

6.3 E&A is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Smartshop.Lntebg.com, including User Contents provided by the User, and E&A has an absolute right to remove any material from the Smartshop.Lntebg.com in its sole discretion at any time.

6.4 E&A may determine in its discretion to make Your User Content available on the Smartshop.Lntebg.com. If we reasonably believe any of Your User Content violates the law, infringes or misappropriates the rights of any third-party or otherwise violates these Terms of Use such as but not limited to Section 5 hereof (“User conduct”), we will notify you thereof and require that such User content be removed from the Smartshop.Lntebg.com and no longer be available or the access to it be disabled on the Smartshop.Lntebg.com. If you do not remove or disable access to such User Content within the number of days notified in our notice, we may remove or disable access to such User Content. Notwithstanding the foregoing, we may remove or disable access to any User Content without prior notice in connection with illegal content, where the content may disrupt or threaten the Smartshop.Lntebg.com or as required to comply with law or any judicial, regulatory or other governmental order or request.

If You request that E&A removes any of Your User Content from availability on the Smartshop.Lntebg.com, E&A will within a reasonable period of time remove such of Your User Content from the Smartshop.Lntebg.com and cease making such of Your User Content available thereon.

Any restricted access or deletion of Your User Content from the Smartshop.Lntebg.com does not release you from any liability to E&A, its Affiliates or any third-party in result of the fact that Your User Content breached or failed to comply with the Terms of Use, any applicable laws and/or Third-Parties’ rights.

 

7. E&A Contents.

 

7.1 Accuracy. E&A Content made available on the Smartshop.Lntebg.com are believed by E&A to be accurate. Whilst we try and ensure that the information regarding E&A Contents which appear on the Smartshop.Lntebg.com are accurate, errors may occur. If we discover material error(s) in any such information, we will make our best efforts to update such information on the Smartshop.Lntebg.com as promptly as possible upon our awareness thereof.

We take every care to ensure that the description and images of the E&A Contents we make available on the Smartshop.Lntebg.com are correct. However, any such images and descriptions on the Smartshop.Lntebg.com are not intended to be binding and are intended only to give a general description of the E&A Contents.

You should independently evaluate the accuracy and usefulness for your particular needs of any E&A Content available through the Smartshop.Lntebg.com. Any E&A Content is subject to change without notice by E&A.

7.2 Use rights of E&A Contents. Only the right to use the E&A Contents is provided to you on the Smartshop.Lntebg.com. Your use of the Smartshop.Lntebg.com and the E&A Contents made available on the Smartshop.Lntebg.com does not grant, transfer or otherwise convey to You any title, copyright and other Intellectual Property Rights in the E&A Contents. Mentioning, referring to or otherwise relating to E&A Contents in User Contents does not transfer, assign or otherwise convey to You any right to E&A Contents.

Use by the Buyer of any E&A Content consisting of desktop software or other software or firmware digital modules available for download from the Smartshop.Lntebg.com are subject to the end-user license agreement that accompanies said E&A Content, and You will be required to agree to such end-user license agreement when You download and/or install said E&A Content.

Your use of any E&A Content downloadable or accessible from or through the Smartshop.Lntebg.com, such as but not limited to desktop software, software or firmware digital modules, mobile applications, web applications or cloud-based services, is governed by the end user license agreements, the terms of use or terms & conditions applicable to such E&A Content. You agree that You will be required (i) to agree to such end user license agreements, terms of use or terms & conditions when You download, install, access and/or make use of such E&A Content and (ii) to abide by each and any end user license agreements, terms of use and other terms & conditions applicable to E&A Content; You further agree that in case of conflict for any E&A Content between these Terms of Use and any such end user license agreements, terms of use or other terms & conditions applicable to E&A Content, such end user license agreements, terms of use and other terms & conditions applicable to the concerned E&A Content shall control to the extent of the conflict and with respect only to Your use of that E&A Content.

Any use, reproduction or redistribution of any E&A Content not in accordance with the relevant end-user license terms, terms of use or terms and conditions of the concerned E&A Content, and/or in violation to any applicable law, is expressly prohibited and may result in severe civil and criminal prosecution to the extent of any law applicable thereto.

For some of E&A Contents you have downloaded from the Smartshop.Lntebg.com, these may not be further used until You accept an update thereof. Some other E&A Contents that are entirely or partly hosted online may be updated at any time and may not require Your permission to update.

While using any E&A Content available through the Smartshop.Lntebg.com, You shall fully comply with all specifications, general descriptions and warnings related to the functionalities, performances and use environments related to the E&A products, solutions and services to which the E&A Content relates. You acknowledge and agree that the E&A Content are intended to be used by users having sufficient technical qualifications which You shall ensure, under your responsibility to obtain and maintain through Your use of the E&A Content.

7.3 Downloads of or connection to E&A Contents. Some E&A Contents may be made available for download to Users through a download link. Subject to the paragraph below, we usually store the download link and related digital keys for downloadable E&A Contents for a reasonable time following the date we make them available on the Smartshop.Lntebg.com, but do not promise to store them for any given length of time. For E&A Contents that can be accessed through an access link, different terms may apply to our storage of such access links.

You agree that we may cancel or modify at any time our storage program of download links, digital keys or access links. You also agree that we may stop supporting the storage of links or keys for one or more E&A Content at any time and for any reason, including, by way of example, at the end of the E&A Content support life cycle, after which You will no longer have access to the download link, digital key or access link. If we cancel or modify our program such that You will no longer have access to the download link, digital key(s) or access link, we will do our best efforts to inform you thereof by any means reasonably available to us.

7.4 Availability of the Smartshop.Lntebg.com, E&A Contents

E&A makes all reasonable efforts to ensure that the Platform is accessible at all times.

The User may however be prevented from accessing the Platform or experience access problems due to technical difficulties or during maintenance work or upgrades.

The content of this Platform and the websites accessible via hypertext links at this Platform may be corrected, amended or updated at any time without notice.

E&A reserves the right to modify the availability of E&A Contents in the Smartshop.Lntebg.com at any time and without notice. E&A makes no representation, nor provides any warranty, that all features of the Smartshop.Lntebg.com, E&A Contents are accessible, available or appropriate in all geographic locations in the world. Should You access the Smartshop.Lntebg.com by Your connection to the website of any E&A Affiliate in any country, E&A makes no representation, nor provides any warranty, that all features of the Smartshop.Lntebg.com, E&A Contents available on or through such local E&A web site are available or appropriate to internet users located in any other country.

Please visit E&A website in the country where E&A is incorporated or has its principal place of business or contact your local sales representative for more information regarding the availability in this country or your country, if different, of the features of the Smartshop.Lntebg.com, E&A Contents and the products, solutions and services concerning which the Smartshop.Lntebg.com provides information to Users.

E&A does not guarantee that any E&Aproducts, solutions and services that are listed or referred to on the Smartshop.Lntebg.com will be available at all times at E&A sales offices, E&A’s resellers or any online interface from which such E&Aproducts, solutions and services are sold. It may happen that some E&Aproducts, solutions and services become unavailable at E&A, our resellers or on our online interfaces from time to time or are offered for a limited period of time; E&A does not warrant or represent that it will provide information on the Smartshop.Lntebg.com concerning availability thereof.

 

8. Personal Information

 

Your Personal Information will be processed by E&A as described in privacy notices and Policies, including the E&A Data Privacy & Cookie Policy made available to you at https://www.schneider-electric.com/en/about-us/legal/data-privacy.jsp. The aforesaid Policy and its address on E&A corporate or local website is subject to change by E&A for any lawful purpose including but not limited to compliance with changes to applicable data protection laws.

You are responsible for any third-party Personal Information that you upload, store, create, use, share, modify, delete or otherwise process during your use of the Smartshop.Lntebg.com. You must comply with all applicable laws and regulations, obtain all required consents and make all required notifications in this respect.

 

9. Intellectual Property

 

9.1. E&A, its Affiliates or licensors own and shall remain sole and exclusive owner(s) of, the title, copyright and other Intellectual Property Rights in the Smartshop.Lntebg.com, the E&A Contents. Any rights not expressly granted in these Terms of Use are reserved.

Any E&A Content is either copyrighted by Schneider Electric Industries SAS or otherwise the proprietary ownership of Schneider Electric Industries SAS, its Affiliates or its licensors under any applicable Intellectual Property Rights laws and international treaties. The E&A Contents may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold by the User in any form or by any means, in whole or in part. You further agree that You will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from the Smartshop.Lntebg.com and/or the E&A Contents. Except for the right of use granted to You under the end user license agreements or other terms of use applicable to E&A Contents, no transfer or grant of rights under any Intellectual Property Rights applicable to the E&A Contents is made or implied by any provision of these Terms of Use, and any other use of the E&A Contents is strictly prohibited.

9.2. E&A brand and any trademarks, service marks, service or trade names, logos of E&A or its Affiliates that are affixed or otherwise referred to on the Smartshop.Lntebg.com, the E&A Contents are registered trademarks of Schneider Electric Industries SAS, its Affiliates or its licensors, or are otherwise protected under any applicable Intellectual Property Rights laws and international treaties, and may not be copied, imitated, or used, in whole or in part, without prior written permission of Schneider Electric Industries SAS or its relevant Affiliate. The same shall apply to all page headers, custom graphics, button icons and scripts displayed or otherwise available on the Smartshop.Lntebg.com. No transfer or grant of rights to Users or any other third-party under any such trademark rights, service marks, service or trade names, logos or other Intellectual Property Rights is made or implied by any provision of these Terms of Use.

 

10. Indemnity

 

You shall defend, indemnify, and hold harmless E&A and its Affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to any claim made by any third-party against E&A, its Affiliates and/or their employees, officers, directors, representatives or licensors arising out of or in connection with : (a) your use of any Content; (b) any breach of these Terms of Use or violation of applicable law by you or your employees, subcontractors or agents; (c) Your User Contents or the combination of Your User Content with any other Content, including any claim involving alleged infringement or misappropriation of third-party’s Intellectual Property Rights by Your Content or by the use, development, production, advertising, or marketing of Your Content; or (d) a dispute between you and any third-party. If E&A and/or any of its Affiliates is under the obligation to respond to a third-party subpoena or other compulsory legal order or process described above, You will also reimburse E&A and, if applicable, its concerned Affiliate for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates. E&A or its concerned Affiliate will promptly notify you of any claim falling under this Section 10, but our failure to promptly notify you will only affect your obligations under this Section 10 to the extent that our failure prejudices Your ability to defend the claim. You may: (a) use counsel of your own choice and reasonably satisfactory to E&Aor its concerned Affiliate to defend any claim falling under this Section 10, and (b) settle such claim as you deem appropriate, provided that you obtain prior written consent of E&A or its concerned Affiliate before entering into any such settlement. If E&A or its concerned Affiliate reasonably determines at any time that any claim falling under this Section 10 might adversely affect it, E&A or its concerned Affiliate may take control of the defence of such claim at its expense and without limiting Your indemnification obligations under this Section 10.

 

11. Warranty and disclaimers of warranties

 

EACH OF E&A and ITS AFFILIATES DOES NOT MAKE ANY WARRANTY THAT THE Smartshop.Lntebg.com, THE CONTENTS, THE OR ANY OTHER FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, NOR DOES E&A and ITS AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE Smartshop.Lntebg.com, THE CONTENTS, OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) ANY INFORMATION OBTAINED THROUGH THE USE OF THE Smartshop.Lntebg.com OR (II) THE CONTENTS. YOU ASSUME FULL AND SOLE RESPONSIBILITY FOR YOUR USE OF THE Smartshop.Lntebg.com, THE CONTENTS. YOUR SOLE REMEDY AGAINST E&A FOR DISSATISFACTION WITH THE Smartshop.Lntebg.com, THE CONTENTS IS TO STOP USING THEM.

WHILE E&A TAKES REASONABLE CARE TO ENSURE THAT THE E&A ContentS ACCESSIBLE ON OR THROUGH THE Smartshop.Lntebg.com IS KEPT UP TO DATE, E&A SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR LOSSES ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF ANY OF SUCH INFORMATION NOT BEING ACCURATE, COMPLETE OR UP TO DATE.

ALTHOUGH E&A MAKES EVERY ENDEAVOR TO KEEP THE Smartshop.Lntebg.com, THE E&A CONTENTS FREE FROM VIRUSES OR OTHER CONTAMINATION FEATURES, AND DUE TO THE INHERENT RISKS OF TELECOMMUNICATIONS AND TRANSFER OF DATA OVER THE INTERNET, E&A CANNOT WARRANT THAT THE Smartshop.Lntebg.com, THE CONTENTS SHALL BE FREE FROM VIRUSES OR OTHER CONTAMINATION FEATURES. E&A SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGES OR LOSSES RESULTING FROM VIRUSES, MALICIOUS CODES OR CORRUPTION OF DATA THROUGH ACCESS TO AND/OR USE OF THE Smartshop.Lntebg.com, THE CONTENTS.

YOU ACKNOWLEDGE THAT ACCESS TO AND USE OF THE Smartshop.Lntebg.com, THE CONTENTS OR  MAY BE SUBJECT TO LIMITATIONS, DELAYS AND POTENTIAL FAILURE INHERENT TO INTERNET CONNECTIVITY OR OTHER TELECOMMUNICATION NETWORKS AND FACILITIES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME MAY OCCUR. E&A MAKES NO WARRANTY THAT ACCESS TO THE Smartshop.Lntebg.com, THE CONTENTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT FAILURE OR DEFECTS THEREOF, IF ANY, WILL BE CORRECTED OR THAT CONTENT OR DATA LOSS WILL NOT OCCUR. E&A SHALL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN ACCESS TO AND/OR USE OF THE Smartshop.Lntebg.com, THE CONTENTS OR ANY LOSS OR DAMAGE RESULTING FROM THE AFORESAID LIMITATIONS, DELAYS OR POTENTIAL FAILURE.

E&A RESERVES THE RIGHT TO DO ANY OF THE FOLLOWING, AT ANY TIME, WITHOUT NOTICE: (1) TO MODIFY, SUSPEND OR TERMINATE AT ITS SOLE DISCRETION THE OPERATION OF OR ACCESS TO THE Smartshop.Lntebg.com AND THEREBY TO THE CONTENTS, OR ANY PORTION THEREOF; (2) TO MODIFY OR CHANGE THE Smartshop.Lntebg.com, THE E&A CONTENTS AND/OR ANY PORTION THEREOF, AND ANY APPLICABLE POLICIES; AND (3) TO INTERRUPT THE OPERATION OF THE Smartshop.Lntebg.com, OR ANY PORTION THEREOF, AS NECESSARY TO PERFORM ROUTINE OR NON-ROUTINE MAINTENANCE, ERROR CORRECTION OR OTHER CHANGES. YOU UNDERSTAND THAT ACCESS TO AND/OR USE OF THE Smartshop.Lntebg.com, THE CONTENTS MAY BE INTERRUPTED OR COMPLETELY UNAVAILABLE FOR PERIODS OF TIME DUE TO CERTAIN CAUSES WHICH MAY INCLUDE, WITHOUT LIMITATION, MAINTENANCE WORK.

TO THE FULLEST EXTENT PERMITTED BY LAW AND WITHOUT PREJUDICE TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED BY CONTRACT, E&A MAKES NO ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE Smartshop.Lntebg.com, THE CONTENTS INCLUDING BUT NOT LIMITED TO WARRANTIES OF SATISFACTORY QUALITY, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT, UNDER THESE TERMS OF USE.

ANY CONTENT MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, E&A MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE CONTENTS OTHER THAN THOSE REPRESENTATIONS OR WARRANTIES SPECIFICALLY DEFINED BY E&A OR ITS AFFILIATES UNDER SEPARATE END-USER LICENSE AGREEMENT OR OTHER TERMS OF USE APPLICABLE TO E&A CONTENTS.

 

12. Limitation of liability

 

12.1. IN NO EVENT SHALL E&A OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, GOODWILL, REPUTATION, SAVINGS, DATA, DATA USE OR OTHER INTANGIBLE DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, YOUR ACCESS TO OR USE OF, OR THE INABILITY TO ACCESS OR USE THE Smartshop.Lntebg.com, THE CONTENTS, OR OTHER FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION AND EVEN IF E&A OR ITS AFFILIATES HAS/HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

12.2. FURTHER, NEITHER E&A NOR ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS, PENALTY, SURCHARGES, INTEREST OR ADDITIONAL MONETARY LIABILITIES ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS TO OR INABILITY TO ACCESS TO THE Smartshop.Lntebg.com OR YOUR USE OR INABILITY TO USE THE Smartshop.Lntebg.com, THE CONTENTS,OR OTHER FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF YOUR ACCESS TO OR YOUR USE OF THE Smartshop.Lntebg.com, THE CONTENTS, OR SUCH OTHER FUNCTIONS, MATERIALS AND INFORMATION, OR (II) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE Smartshop.Lntebg.com FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY OF YOUR INVESTMENTS, EXPENDITURES OR COMMITMENTS IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE Smartshop.Lntebg.com, THE CONTENTS, OR OTHER FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE OF THE Smartshop.Lntebg.com, THE CONTENTS, OR SUCH OTHER FUNCTIONS, MATERIALS AND INFORMATION; (E) THE SUPPLY BY YOU OR ANY THIRD PARTY NOT BEING UNDER CONTROL OF E&A OR ITS AFFILIATES OF INCORRECT OR INCOMPLETE INFORMATION; (F) THE FAILURE BY YOU OR ANY THIRD PARTY NOT BEING UNDER CONTROL OF E&A OR ITS AFFILIATES TO SUPPLY ANY INFORMATION REQUESTED BY E&A OR ITS AFFILIATES; (G) ANY ACT, OMISSION, NON-PERFORMANCE OR DELAY ATTRIBUTABLE TO OR CAUSED BY YOU OR ANY THIRD PARTY BEING UNDER YOUR CONTROL; OR (H) ANY MATTER OUTSIDE CONTROL OF E&A OR ITS AFFILIATES.

12.3. EXCEPT IN CASE OF (i) E&A’S FRAUD OR FRAUDULENT MISREPRESENTATION, (ii) E&A’S WILFUL MISCONDUCT OR GROSS NEGLIGENCE, OR (iii) DEATH OR INJURY TO AN INDIVIDUAL PERSON WHERE NO LIMITATION OF LIABILITY SHALL APPLY, THE TOTAL AGGREGATED LIABILITY OF E&A AND ITS AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE Smartshop.Lntebg.com, THE CONTENTS, OR OTHER FUNCTIONS, MATERIALS AND INFORMATION PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE Smartshop.Lntebg.com, SHALL IN NO EVENT EXCEED YOUR ACTUAL DIRECT DAMAGES UP TO AND WITHIN THE LIMIT OF (A) THE TOTAL AND WITHOUT TAX AGGREGATED AMOUNT OF ANY FEES YOU HAVE PAID TO E&A OR ITS AFFILIATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM WITH RESPECT TO YOUR ACCESS AND USE OF THE Smartshop.Lntebg.com, THE CONTENTS, AS APPLICABLE, WITH RESPECT TO WHICH YOUR CLAIM IS BASED, OR (B) TWO THOUSAND RUPPES (INR 2000) IN CASE THE ACCESS AND USE OF THE Smartshop.Lntebg.com, THE CONTENTS IS MADE AVAILABLE TO YOU FREE OF CHARGE OR OTHER FEE.

12.4. THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS OF WARRANTY OR LIABILITY STATED IN THESE TERMS OF USE SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THESE TERMS OF USE AND DO NOT AFFECT OR PREJUDICE STATUTORY RIGHTS WHICH, AS THE CASE MAY BE, BENEFIT YOU UNDER MANDATORY OR PUBLIC ORDER LAWS OR REGULATIONS APPLICABLE IN THE COUNTRY WHERE: (A) YOU HAVE YOUR PRINCIPAL RESIDENCE IF YOU ARE A NATURAL PERSON; OR (B) YOUR REGISTERED OFFICE OR PRINCIPAL PLACE OF BUSINESS IF YOU ARE A LEGAL PERSON; AND/OR, AS RELEVANT IN THE CONTEXT, (C) YOU WILL ACCESS TO AND/OR USE THE Smartshop.Lntebg.com,  IN EITHER CASE ON BOTH CENTRAL AND STATE LEVEL WHEN APPLICABLE.

 

13. Third-party websites

 

It is strictly prohibited for Users to create any hyperlink or hypertext links to the Smartshop.Lntebg.com or to any Content provided on the Smartshop.Lntebg.com, without E&A’s express prior written consent.

In case the Smartshop.Lntebg.com enables the User to download or link to, indicate the web address of or otherwise access to, User’s own websites, User Contents, third-parties’ websites or contents, or any other products, services or information accessible from or provided through User’s websites or third parties’ websites, the User shall bear all risks and costs, as applicable, that are associated with the use of such User’s websites, User Contents, third-parties’ websites, contents, products, services or information. E&A does not control and is not responsible for User’s websites, User Contents, third-parties’ websites, contents, products, services or information. Your access to and use of the User’s websites, User Contents, third-parties’ websites, contents, products, services or information (including as applicable the download or activation thereof), through Your access and/or Your use of the Smartshop.Lntebg.com, shall be subject to the terms of use or other legal document governing such User’s websites, User Contents, third-parties’ websites, contents, products, services or information, which shall govern the relationship with respect thereto between You and said third-parties.

 

14. Export control

 

You agree that You will comply with all applicable local, state, national and international laws and regulations, including but not limited to export control laws and regulations of the United States of America or other countries, that relate to Your access to and use of the Smartshop.Lntebg.com, the Contents, or any other functions, materials and information provided in connection with or accessible through the Smartshop.Lntebg.com.

 

15. Modifications to these Terms of Use

 

These Terms of Use as in force at the time You make any use of the Smartshop.Lntebg.com, will govern your use of the Smartshop.Lntebg.com and will serve as the related contract between you and E&A.  E&A reserves the right, at its sole discretion, to amend, add or remove any provision to or from these Terms of Use at any time. Any such amendment, addition or removal to these Terms of Use will be posted by E&A on the Smartshop.Lntebg.com. E&A recommends that every user of the Smartshop.Lntebg.com visits it on a regular basis, and it shall in any case be your responsibility to check the then-current Terms of Use prior to making use of the Smartshop.Lntebg.com. Your continued use of any Service after any amendment, addition or removal to these Terms of Use is published by E&A, shall be deemed as your acceptance and agreement to the changed Terms of Use. In the event you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Smartshop.Lntebg.com.

 

16. Termination

 

While not obligated to perform investigations, E&A may investigate violations of these Terms of Use and, as the case may be any misuse of the Smartshop.Lntebg.com and cooperate with appropriate law enforcement authorities with respect to security threats, fraud, or other illegal, malicious, or inappropriate activity by You or any third-party through Your access to and/or Your use of the Smartshop.Lntebg.com.

E&A is entitled, at any time and without notice or liability to You, to remove, disable access to, or modify any of Your User Contents that violates these Terms of Useand/or terminate Your access to Your Account by blocking or disabling your Credentials and therefore Your possibility to access to and use the Smartshop.Lntebg.com, for any legitimate reason, including, without limitation, if (i) You use false data for the purpose of creating Your Account; or (ii) You are in breach of these Terms of Use or any Policies associated hereto or incorporated herein; or (iii) You neglect Your duty of care created by these Terms of Use with regard to Your Credentials; or (iv) You violate any applicable laws in Your access to or Your use of the Smartshop.Lntebg.com and/or any E&A Content. Termination by E&A of Your access to and therefore Your possibility to use the Smartshop.Lntebg.com shall not waive or affect any other right or remedies to which E&A may be entitled at law or, if applicable, in equity, with respect to any of the foregoing events.

Termination by E&A of Your access to and therefore Your possibility to use the Smartshop.Lntebg.com does not affect any rights or remedies which, before said termination, may have accrued to You or E&A under these Terms of Use, at law or, if applicable, in equity.

 

17. Governing law & settlement of disputes

 

These Terms of Use shall be governed by the laws of India , to the exclusion of its conflict of law rules and without prejudice to the statutory rights which may benefit You under mandatory or public order laws or regulations applicable in the country where: (a) You have Your principal residence if You are a natural person, or (b) Your registered office or Your principal place of business if You are a legal person, and/or, as relevant in the context, (c) where You access to and/or use the Smartshop.Lntebg.com, in either case on both federal and state level when applicable.

The United Nations Convention on the International Sale of Goods is expressly excluded from application to these Terms of Use.

Any dispute between You and E&A arising out of or in connection with these Terms of Use, whether based on contract, warranty, tort (including negligence), strict liability, statute or otherwise, which cannot be amicably settled, shall in all cases be finally settled according to the law governing these Terms of Use as defined above, by the competent courts of New Delhi , to the exclusion of any other jurisdiction, including in case of plurality of defendants, injunction-like or emergency proceedings and appeal in warranty.

You acknowledge and accept that E&A will be irreparably damaged (and damages at law may be an inadequate remedy) if You breach any provision of these Terms of Use and such provision is not specifically enforced. Therefore, in the event of a breach or threatened breach by You of these Terms of Use, E&A shall be entitled, in addition to all other rights or remedies, to (i) an injunction or other injunctive relief restraining such breach, without being required to show any actual damage or to post an injunction or other bond; and/or (ii) a decree for specific performance of the applicable provision of these Terms of Use, to the extent permitted by applicable law in the country where E&A has its registered office and/or, as relevant in the context, where You will use the Smartshop.Lntebg.com, in either case on both federal and state levels when applicable. 

 

18. Miscellaneous

 

18.1 Assignment. You may not assign transfer or otherwise dispose of these Terms of Use or any rights or obligations hereunder, by operation of law or otherwise, without E&A’s prior written approval and any such attempted assignment shall be void. E&A reserves the right to freely assign, transfer or otherwise dispose of these Terms of Use and the rights and obligations hereunder, to any Affiliate or successor-in-interestwithout notice or consent. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

18.2 Entirety of these Terms of Use. This Terms of Use incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of these Terms of Use. This Terms of Use supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether oral, electronic or written, regarding the subject matter of these Terms of Use. We will not be bound by any term, condition or other provision that is different from or in addition to the provisions of these Terms of Use (whether or not it would materially alter these Terms of Use) such as but not limited to any term, condition or other provision (a) submitted by you in relation to any order document, receipt, acceptance, confirmation, correspondence or other document, or (b) related to any questionnaire or process that you submit or require us to complete.

18.3 Independent Contractors. We and you are independent contractors, and these Terms of Use will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.

18.4 Language. All communications and notices made or given pursuant to these Terms of Use must be in the English language. If we provide a translation of these Terms of Use in any other language, the English language version of these Terms of Use will take precedence unless otherwise provided for under law applicable in the country where You have Your principal residence if You are a natural person or, if You are a legal person, Your registered office or Your principal place of business and/or, as relevant in the context, in the country where You access to and/or use the Smartshop.Lntebg.com, on both federal and state level when applicable.

18.5 Confidentiality and Publicity. You may use E&A Confidential Information only in connection with your use of the Smartshop.Lntebg.com as permitted under these Terms of Use. You will not disclose E&A Confidential Information at any time without E&A’s express prior and written consent.

You will not issue any press release or make any other public communication with respect to these Terms of Use without E&A prior express consent in writing.

18.6 Notices. (a) To You. We may provide any notice to you under these Terms of Use by: (i) posting a notice on the Smartshop.Lntebg.com; or (ii) sending a message to the email address then associated with your Account. Notices we provide by posting on the Smartshop.Lntebg.com will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your Account when we send the email, whether or not you actually receive the email.  (b) To Us. Any notice by You to E&A shall be in writing sent by overnight courier or registered or certified mail to the address of E&A’s registered office and shall include the words: “Attention E&A Legal Department”. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail, return receipt requested, will be effective three business days after they are sent.

18.7 No third-partybeneficiaries. This Terms of Use does not create any third-party beneficiary rights in any third-party.

18.8 No Waivers. The failure by us to enforce any provision of these Terms of Use will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

18.9 Severability. If any portion of these Terms of Use is held to be invalid or unenforceable, the remaining portions of these Terms of Use will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms of Use but the rest of these Terms of Use will remain in full force and effect.