Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules under are applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of a Smoor website www.smoor.in (hereinafter referred to as "Smoor") and services and tools are governed by the following terms and conditions as applicable to Smoor. If you transact on Smoor, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Bliss Chocolates India Private Limited, a company incorporated under Companies Act, 1956 with registered office at No.21, 1st Main Rod, M.E.S. Colony, Konena Agrahara, Bangalore – 560017, Karnataka, India and these terms and conditions constitute your binding obligations.
Use of the Smoor Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Smoor Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Smoor and shall not transact or use Bliss Chocolates website. As a minor if you wish to use or transact on Smoor, your legal guardian or parents who have registered as users of Smoor may make such use or transaction. Smoor Chocolates reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to Smoor Chocolate’s notice or if it is discovered that you are under the age of 18.
When you use the website or send emails or other data, information or communication to Smoor, you agree and understand that you are communicating with Smoor through electronic records and you consent to receive communications via electronic records from Smoor periodically and as and when required. Smoor may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Smoor website is free. Smoor does not charge any fee for browsing and buying on the Smoor. However Smoor reserves the right to charge fee and change its policies from time to time. In particular, Smoor may at its sole discretion introduce new services and modify some or all of the existing services offered on the Smoor website. In such an event Smoor reserves, without notice to you the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Smoor. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Smoor.
• You shall not host, display, upload, modify, publish, transmit, update or share any information:
(a) that belongs to another person and to which you do not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) misleading in any way.
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(n) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which Smoor, in its sole discretion, believes is or could be construed as being illegal;
(q) interferes with another user's use and enjoyment of the Smoor Website or any other individual's user and enjoyment of similar services;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. Smoor reserves the right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of Smoor website, or any other systems or networks connected to Smoor website or to any Smoor’s server, computer, network, or to any of the services offered on or through Smoor Website, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of Smoor Chocolates website or any network connected to Smoor website nor breach the security or authentication measures on Smoor website or any network connected to Smoor Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Smoor website, or any other customer of Smoor, including any Smoor account not owned by you, to its source, or exploit Smoor website or any service or information made available or offered by or through Bliss Chocolates Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Smoor website.
• You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Smoor website or Smoor Chocolate’s systems or networks, or any systems or networks connected to the Smoor.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the Website.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Smoor on or through the website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You understand that Smoor has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Smoor Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Smoor, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Smoor shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Smoor.
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Smoor and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Smoor, and that the recipient may use such information to harass or injure you. Smoor does not approve of such unauthorized uses but by using the Smoor Website you acknowledge and agree that Smoor is not responsible for the use of any personal information that you publicly disclose or share with others on Smoor. Please carefully select the type of information that you publicly disclose or share with others on Smoor.
• Smoorchocolates.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Smoor is owned, controlled or licensed by or to Smoor, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Smoor products and services purposely made available by Smoor for downloading from the site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Smoor does not take responsibility or liability for the actions, products, content and services on Smoor website, which are linked to Affiliates and / or third party websites using Smoor APIs or otherwise. In addition, Smoor may provide links to the third party websites of affiliated companies and certain other businesses for which, Smoor assumes no responsibility for examining or evaluating the products and services offered by them, and Smoor does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Smoor does not in any way endorse any third party website(s) or content thereof.
Smoor welcomes links to this site. You may establish a hypertext link to Smoor website, provided that the link does not state or imply any sponsorship or endorsement of your site by Smoor. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Smoor website, including any logos or characters, without the express written consent of Smoor and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Smoor website without Smoor’s prior written consent.
• You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
• You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Smoor on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Smoor does not warrant that:
• This website will be constantly available, or available at all; or
• The information on this website is complete, true, accurate or non-misleading.
Smoor will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Smoor website.
Smoor does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Smoor website; their servers; or electronic communication sent from Smoor are free of viruses or other harmful components.
Nothing on Smoor constitutes, or is meant to constitute, advice of any kind.
All the products sold on Smoor are governed by different state laws and if Smoor is unable to deliver such products due to implications of different state laws, Smoor will return or will give credit for the amount received by Smoor from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Smoor. By registering your phone number with us, you consent to be contacted by Smoor via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.
• Before or at the time of collecting personal information, we identify the purpose for the information that is being collected.
• We collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by the law.
• We will retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purpose for which it is to be used, and to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make available to customers, information about our policies and practices relating to the management.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.