Last updated [October 5, 2020]
Smann is an e-commerce platform where,
1. Buyer creates an online order and send it to seller for confirmation
2. Seller confirms order and sends pricing and order details back to buyer
3. Buyer accepts the order details and can either purchase or cancel the order
4. Buyer can pay the order by 4 ways either cash on delivery, cash on pickup, online payment method or by adding it to its account (Khata this is approved by seller’s discretion)
5. Once payment is confirmed Seller delivers the items or keep it ready for pickup and completes the order
The actual contract for sale is directly between the Buyer and Seller. Smann only will provides the services of ordering product, pricing, discounting, etc. which is informational, and it is up to you to follow it or not. Smann does not, at any point of time during any transaction between buyer and seller, take the ownership of any of the goods offered by the seller nor does at any point, assert any rights or claims over the goods or services offered by the seller to the buyer. Smann is a facilitator between Buyer and Seller and does not take any legal responsibility for the authenticity or quality of products/services and buyers are encouraged to exercise prudence and diligence (including by viewing any available reviews of the products or services or the Seller) before purchasing such products or availing such services Buyer understands that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Seller. Buyer agrees to handle such issues and disputes directly between Buyer and the Seller. You acknowledge that Smann gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online service. Smann is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Smann Platform. Smann will make best efforts to assist buyers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
In case of dispute Smann may help facilitate the resolution of disputes through various modes but Smann has no control over following:
(a) the existence, quality, safety or legality of items
(b) the accuracy of third-party pricing
(c) the ability of sellers to sell items
(d) the ability of buyers to pay for items.
The Smann is not available to people under the age of 18 (Eighteen) or to anyone previously suspended or removed by Smann. By accepting the T&Cs or by otherwise using Smann, you represent that you are at least 18 years of age and have not been previously suspended or removed by Smann. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Smann reserves the right to suspend or permanently prevent you from availing Smann.
Smann is responsible for order cancellation before order confirmation, once order is confirmed, Smann is not responsible for any change in original order or payment cancellation. You agree not to dispute the decision made by Smann and accept Smann decision regarding the cancellation.
In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the Seller or Smann’s customer service team.
In no event, Smann or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages.
If any dispute, controversy or claim arises under this Agreement or in relation to any Smann Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavors to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Smann may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Smann must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
We may collect information about you in a variety of ways. The information we may collect via Smann depends on the content and materials you use, and includes:
Smann will use all the derived information to serve user better.
The Application may by default access your Facebook basic account information, including your name, email, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
The Application may by default access your Google basic account information, including your name, email, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Google Permission Reference page.
User information from social networking sites, such as [Facebook, Google, YouTube, Instagram, Pinterest, Twitter], including your name, your social network username, location, gender, birth date, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Application.
We may request access or permission to track location-based information from your mobile device, either continuously or while you are using the Application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
We may request access or permission to certain features from your mobile device, including your mobile device’s camera, contacts, microphone, social media accounts and other features. If you wish to change our access or permissions, you may do so in your device’s settings.
Device information such as your mobile device ID number, model, and manufacturer, version of your operating system, communication information including phone number, country, location, transactional and promotional SMS/app notification, specimen signature(s) for processing of your instructions received by us through our various payment and delivery channels and any other data you choose to provide.
We may request to send you push notifications regarding your account or the Application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
Personal and other information you may provide when entering contests or giveaways and/or responding to surveys will be used by Smann to create better customer experience.
Any Personal Data that we have access to shall never be shared without your
consent. In various processes / submission of order /service offerings, we
even seek your explicit consent to use / share your Personal Data. In our
business and operational processes, we only share the data on a partial and
"need-to-know" basis to designated personnel or partners or service
We will share your data with competent/ legal/statutory/regulatory agencies / authorities or partners/service providers acting on our behalf (as the case may be) in following cases:
1. only for enabling the provision of the products/services availed by you, strictly on a "need to know" basis and subject to applicable laws.
2. it is directed or required by legal/regulatory / statutory / governmental authorities under applicable laws/regulations though a legally obligated request.
3. it is required by financial institutions to verify, mitigate or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations.
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Application to:
1. Facilitate transactions or report on these transactions
2. Administer sweepstakes, promotions, and contests.
3. Compile anonymous statistical data and analysis for use internally or with third parties.
4. Undertake research and analytics for offering or improving our products/services and their security and service quality
5. Create and manage your account.
6. Deliver targeted advertising, coupons, newsletters, and other information regarding promotions and the Application to you.
7. Email you regarding your account or order.
8. Enable user-to-user communication.
9. Fulfill and manage purchases, orders, payments, and other transactions related to the Application.
10. Generate a personal profile about you to make future visits to the Application more personalized.
11. Increase the efficiency and operation of the Application.
12. Monitor and analyze usage and trends to improve your experience with the Application.
13. Notify you of updates to the Application.
14. Offer new products, services, mobile applications, and/or recommendations to you.
15. Perform other business activities as needed.
16. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
17. Process payments.
18. Respond to your queries or feedback
19. Request feedback and contact you about your use of the Application.
20. Resolve complaint/claim/dispute and troubleshoot problems.
21. Respond to product and customer service requests.
22. Send you a newsletter.
23. Carry credit checks, screenings or due diligence checks as lawfully required by us.
24. Undertake financial/regulatory/management reporting, and create and maintain various risk management models
25. Conducting audits and for record keeping purposes
26. Solicit support for the Application.
"Cookie" is a small piece of information stored by a web server on app so it can be later read back from app. We may use cookie and tracking technology depending on the features offered. No Personal Data will be collected via cookies and other tracking technology; however, if you previously provided Personal Data, cookies may be tied to such information.
We take various steps and measures to protect the security of your Personal Data from misuse, loss, unauthorized access, modification or disclosure. We use latest secure server layers encryption and access control on our systems. Please do not share your Smann login, password and OTP details with anybody.
We may share information we have collected about you in certain situations. Your information may be disclosed as follows:
If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
With your consent, or with an opportunity for you to withdraw consent, we may share your information with third parties for marketing purposes, as permitted by law.
If you interact with other users of Smann, those users may see your name, profile photo, and descriptions of your activities.
We may use third-party advertising companies to serve ads when you visit Smann. These companies may use information about your visits to the Application and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
We may share your information with our business partners to offer you certain products, services or promotions.
If you connect to Smann through a social network, your contacts on the social network will see your name, profile photo, and descriptions of your activity.
We may share your information with advertisers and investors for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law.
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails or other communications from third parties, you are responsible for contacting the third party directly.
We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.
By accepting Smann’s Terms here and the T&Cs in general, you accept that Smann may send the alerts to the mobile phone number/ email address provided by you at the time of registration or to any such number/e-mail address replaced and informed by you subsequently.
Tibetayling Private limited
26A, Skyline, Cosmos Horizon, Pokhran Road No-2 Near Bethani Hospital, Majiwada, Thane West Thane- 400610 Maharashtra - India