TERMS AND CONDITIONS
Effective Date: November 1, 2023
Website Covered: smssindia.in
THE AGREEMENT: The use of this website and services on this website provided by SMSS Facility Management Services (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms of Service”), all parts and sub-parts of which expressly incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.smssindia.in (The “Website”), all pages on the following, and any service provided by or on this Website (“Service”).
By accessing either directly or through a hyperlink, the Website, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, vendors, buyers, customers, merchants, browsers, and contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy, which sets forth how data collected and you is collected, used, and stored.
1) DEFINITIONS
The Parties referred to in these Terms of Service shall be defined as follows:
a) Owners, Us, We: The Owner, as the creator, operator, and publisher of the Website, makes the Website and certain Services on it available to users. SMSS Facility Management Services, Owner, Us, we, Our Ours, and other first-person pronouns will refer to the Owner and all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For these Terms of Service, “User” or “you” shall mean any natural or legal access to the Website. The term “Your” shall be construed accordingly.
c) Parties: collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the website, You warrant that You have read and reviewed these Terms of Service and agree to be bound by it. If You disagree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further, based on the Service obtained by a User, additional terms and conditions for the specific Services may apply, which shall be deemed an agreement between the Users and the Owners.
3) ABOUT THE SITE
The Website is an online store that sells the following: Facility Management services. We reserve the right to refuse service or refuse to sell service on the Website at our sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users you contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.
4) LICENSE TO USE WEBSITE
The owner may provide You with certain information due to Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other material which may assist in Your use of the Website or Service (“Owner Materials”). Subject to these Terms of Service, the Owner grants You a non-exclusive limited, limited, non-transferable, and revocable license to use the Owner Material solely in connection with Your use of the website and Service. The Owner Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Service or at the termination of these Terms of Service.
You agree not to collect the contact information of other Users from the website or download or copy any information employing unsolicited access to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the Website. You agree that you bypass any measures the Owner uses to prevent or restrict access to the Website.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the Owner's property, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (Owner IP”). You agree that the Owner owns all rights, title, and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute to Owner IP in any way, including electronically or via registration of any trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Owner.
a) To make the Website and Services available to You, You grant the Owner a royalty-free. Non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivate works of any content You publish, upload, or otherwise make available to the Website (“Your Website). The Owner claims no further proprietary rights in Your Content.
b) If you feel that Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, don't hesitate to contact us and let Us know.
6) USER OBLIGATION
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another time, as well as a password. You may also provide personal information, including but limited to Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if you discover that Your notification has been compromised, You agree to notify Us immediately in writing. Identifying information will suffice. You are responsible for maintaining the safety and security of Your identifying information and keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card or other type of payment service, billing address, or additional payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse Services, terminate accounts, or remove or edit content in its sole discretion.
7) PAYMENT & FEES
Should You register for any of the paid Services on this Website or purchase any product or service on this Website, You agree to pay Us the Specific monetary amounts required for that product or those Services. These monetary amounts (“fess”) will be described to You during Your account registration and/or confirmation process. The final piece required for payment will be shown to You immediately before purchase.
We reserve the right to refuse Service or to sell the product on the Website at our sole discretion to anyone for any reason.
8) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Owner's Website, Services, or general business.
I) You further agree not to use the Website or Services;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity, whether knowingly or unknowingly; (d) to violate any local, central or international law statute, ordinance or regulation; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd, and lascivious or pornographic, or exploits minors in any way or assist in human trafficking or content that would violate rights of publicity and privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other website, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the Website or any other party’s use of the Website; (j) to spam, phish, pharm, pretext, spider, crawl or scrape for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet;
(l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the service or any related website for violating prohibited uses. We reserve the full authority to review all the content Users post on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be assigned to the Website by You or other Users. You acknowledge that the Website is not responsible or liable and does not control the content of any information posted to the Website by You or other User of the Website. You are solely responsible for the same. You agree that You shall not upload, post, or transmit any content you have a right to make available (such as another party's intellectual property).
You agree to comply with all applicable state, central laws, statutes, and regulations concerning your use of the Website and further agree that you will transmit any information, data, text, files, links, software, chat communications or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourage conduct that could constitute a criminal offense give rise to civil liability or otherwise violate any applicable local, state provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms of Service.
You may not use our product for any illegal or unauthorized purpose, nor may you, in using the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
9) COMMUNICATION
You understand that each time you use the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services you selected and consent to receive communications via phone or electronic records from the Website, including e-mail messages telling you about the products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communications can also be by posting any notices on the Website. You agree that the communications sent to you by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
10) AFFILIATE MARKETING & ADVERTISING
Through the Website and Services, the Owner may engage in affiliate marketing whereby the Owner receives a commission on or a percentage of the sale of goods or services on or through the Website. The Owner may also accept advertising and sponsorship from commercial businesses or receive other advertising compensation.
11) PRIVACY INFORMATION
You may provide Us with certain information through Your Use of the Website and Services. By using the Website or the Services, You authorize the Owner to use Your information in India and any other country where we may operate.
a) Information we may collect or receive: When You register for an account, You provide US with a valid email address and may give Us additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may receive news from external applications. You can access Our Website, or We can receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track specific the passive information received to improve Our marketing and analysis, and for this, We may work with third-party providers.
c) How You can Provide Your Information: If You would like to disable Our access to any passive information We receive from various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You terminate Your account, The Owner may store some information about You for future reference.
12) SALES OF GOODS/SERVICES
The Owner may sell goods or Services or allow third parties to sell goods or Services on the Website. The Owner undertakes to be accurate with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase at Your own risk. For goods or services sold by others, the Owner assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety, or legality of these products. For any claim You may have against the manufacturers or sellers of the product, You agree to pursue that claim directly with the manufacturers or sellers and not with the Owner. You hereby release the Owner from any claims related to goods or services manufactured or sold by third parties, including all warranty or product liability claims.
In our sole discretion, we may limit or cancel quantities purchased per person, household, or order—any order by or under the same customer account. The same credit card or orders that use the same billing or shipping address may be subject to the above. E may restrict the sale of products or Services to any person, geographic region, or jurisdiction at our sole discretion as we may decide on a case-by-case basis.
We further reserve an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If we cancel your order, we will contact the e-mail and billing address/phone number provided when the order was made.
We care to accurately display the colors and images of our product or services, but we cannot guarantee that your computer or phone screen's display of any color will be accurate. We also do not provide any warranties that the quality of any product, service, information, or other material purchased or obtained by you will meet your expectations and standards or that any error in the service will be corrected. Prices and descriptions of products are subject to change at any time without notice, at our sole discretion. We may remove or discontinue any product from our site without prior notice. Any offer for any product or service made on this site is void where prohibited.
We may provide you access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representation, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the relevant third-party provider. provides tools
(s)
We will make reimbursements for return without undue delay and not later than:
(i) 30 Days after the day we received back from you any goods supplied or
(ii) (if earlier) 30 Days after the day you provided evidence that you have returned the good; or
(iii) If no goods are supplied 30 Days after the day we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; otherwise, you will not incur any fees due to the reimbursement.
13) REVERS ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the Security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
14) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
15) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any legal claims and demands, including reasonable advocates fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its legal counsel and may participate in its defense if the Owner wishes.
16) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner’s Service for illegal spam activities, including gathering email addresses and personal information from others or sending mass commercial emails.
17) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused by Your use of any third-party services linked to or from Our Website.
18) MODIFICATION & VARIATION
The Owner may modify these Terms of Service occasionally and at any time without your notice. You agree that the Owner has the right to modify these Terms of Service or revise anything contained d herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior versions of these Terms of Service unless prior arrangements are specifically referred to or incorporated into the latest changes or variations of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your Cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications of these Terms of Service is a maintenance of Your continued consent.
c) If you fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
19) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or versions, written or oral, regarding the use of this Website.
20) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime for any reason but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
21) TERM,TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property right if the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
22) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warrant that the Website or Service will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties regarding the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damages that may occur to You through Your computer system or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
All information, software, products, services, and related graphics provided on this site are “as is” and “as available” without warranty of any kind, expressed or implied. The Website disclaims all warranties, expressed or implied, including, without limitation, all implied warranties of merchantability. Fitness for a particular purpose, title, and non-infringement or arising from a course of dealing, usage, or trade practice. We make no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any product or services on this Website does not constitute any endorsement or recommendation of such products or services.
The website makes no warranty that the is of the Website will be uninterrupted, timely, secure, without defects, or error-free. You expressly agree that the use of the site at your own risk. The Website shall not be responsible for any content found on the Website.
Your use of any information or material on this site or otherwise obtained through the use of this Website is entirely at your own risk, for which we shall not be liable. You shall ensure that any products, services, or information on this website meet your requirements.
The Website assumes no responsibility for the accuracy, currency, completeness, or usefulness of information, views, opinions, or advice in any material contained on the Website. Any input from third party parties or advertising is made available without making any changes so the Website cannot guarantee accuracy and is not liable for any inconsistencies arising. All postings, messages, advertisements, photos, sounds, images, texts, files, videos, or other materials posted on, transmitted through, or linked from the Website are solely the responsibility of the persons from whom such content originated, and the Website does not control and is not responsible for Content available on the Website.
There may be instances when incorrect information is published inadvertently on our Website or in the Service, such as typographical errors, inaccuracies, or omissions that may related to products descriptions, pricing, promotions, offers, inaccuracies or omissions that I describe to product descriptions, pricing, promotions, offers, products, shipping charges, transit times and availability. Any errors, inaccuracies, or omissions may be corrected at our discretion at any time, and we may change or update information or cancel the order if any information in the Service or on any related website is accurate at any time without prior notice (including after you have submitted your order).
We undertake no obligations to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No special update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.
The Website shall not be responsible for any interaction between you and other users of the Website Under no circumstances will the Website be liable for any goods, services, resources, or content available through such third-party dealings or communications or for any harm thereto. The Website is under no obligation to become involved in any dispute between you and other users of the Website between you and other users of the Website or between you and any other third parties. You agree to release the Website from all claims, demands, and damages arising from or in connection with such dispute.
You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that any unauthorized third parties cannot hack the Website or any of the information provided by You. You expressly agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into throughout the Website.
You hereby agree and confirm that the Website shall not be liable or responsible in any manner whatsoever for such hacking or any loss or damages by you due to unauthorized access of the Website by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorized third party ( including those which are although sent representing the name of the Website but have not been authorized by the Website) which is in violation or infringement of this Terms of Service or the Privacy Policy.
You expressly agree that the Website is not responsible or liable for nay threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You expressly agree that the Website is not responsible for any content sent using and/or included on the Website by any third party.
The Website is liable and will make no refund in case of any delay, cancellation, strike, force, majeure, or other causes beyond its direct control. They have no responsibility for any additional expense omission, delays, or acts of any government or authority.
You will be solely responsible for any damages to your computer system or data loss from downloading any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use of data or profits, arising out of or in any way connected with the use or performance of the site, the delay or inability to use the site or related services, the provisions of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other particulars of the Website or otherwise arising out of the use of the Website, damages resulting from the use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If the limitations above, We are found liable for any loss or damages which arise out of or in any way connected with the use of the Website and/or provision of Services; then the liability will in no event exceed 50% (fifty percent) of the amount you paid to Us in connection with such transaction(s) on this Website.
You accept all responsibility for and hereby agree to indemnify and hold harmless Us from and against any action taken by you or any person authorized to use your account, including, without limitation, disclosure of the password to third parties. By using the Website, you agree to defend, indemnify, and hold harmless the indemnified parties from any liability regarding your use of s the site or participation in any site’s activities. If you are dissatisfied with the Website, the Service, or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
23) LIMITATION ON LIABILITY
No provision hereof, in the absence of any affirmative action by the Holder to exercise this Warrant to purchase Warrant Shares, and no enumeration herein of the rights or privileges of the Holder, shall give rise to any liability of the Holder for the purchase price of any Common Stock or as a stockholder of the Company, whether such liability is asserted by the Company or by creditors of the Company. In the absence of negligence, bad faith, or willful misconduct, none of the Sponsor, the Administrator, nor the Authorized Participant shall be liable to each other or any other person, including any party claiming by, through or on behalf of the Authorized Participant, for any losses, liabilities, damages, costs or expenses arising out of any error in data or other information provided to any of them by each other or any other person or out of any interruption or delay in the electronic means of communications used by them.
24) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given under these Terms of Service shall be in English language.
b) JURISDICTION, VENUE, & GOVERNING LAW: Through Your use of the Website or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, except its conflicts of law provisions. In case any litigation expressly permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Bengaluru, Karnataka, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive but mandatory. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of these Terms of Service shall continue in full force.
d) NO WAIVER: If we fail to enforce any provisions of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or other provision. Wavier of any part or sub-part of these Terms of Service will not comprise of any other part or sub-part
e) HEADING FOR CONVENIENCE ONLY: Heading of parts and sub-parts under these Terms of Service are of convenience and organization only. Heading shall not affect the meaning of any provision of these Terms of Service.
f) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties due to this Term of Service. No Party has any authority to bind the other to third parties.
g) ELECTRONIC COMMUNICATION PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax or mode of electronic communication which can be mutually agreed upon. For any questions or concerns please email Us at the following address: smssindia.in@gmail.com.