Introduction
This document is an electronic record in terms of the Information Technology Act, 2000 and related rules.
It is published according to Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This rule requires websites to publish their rules, regulations, privacy policy, and user agreement for access or usage.
Ownership and Operator
The domain name www.smartphonethoughts.com (referred to as “Website”) is owned by 11Press, a company registered under the Companies Act, 2013. Our registered office is at: 11Press Sukhwani Imperial Phase 2, Unit C-6 Morwadi, Pimpri, Pune 411018, India
Our Commitment
At 11Press, we aim to provide a safe and secure environment for you to explore and shop for your favorite products. We have designed our terms of service with your needs in mind, no matter where you are in the world.
User Definitions
- “You” or “User” refers to any individual or legal entity who registers on the Website to become a buyer by providing registration data.
- “We”, “Us”, “Our” refers to 11Press, the owner and operator of the Website www.smartphonethoughts.com.
Terms and Conditions
Your use of the Website and its services and tools are governed by these terms and conditions (“Terms & Conditions”). These include the applicable policies which are part of this agreement by reference. If you conduct transactions on the Website, you will be subject to the policies relevant to those transactions. By using the Website, you agree to these Terms & Conditions and policies, creating a binding agreement between you and 11Press.
Key Points to Remember:
- The Website can be used to browse or make purchases without registration.
- Your interaction with the Website constitutes an agreement to these Terms & Conditions.
- You are responsible for complying with the policies applicable to your transactions on the Website.
Eligibility for Membership
To use the services of Smartphone Thoughts, you must be able to legally form binding contracts as per applicable laws. Individuals considered legally incapable of forming contracts, such as minors (under 18 years old), can use the site only under the supervision of a parent or legal guardian who agrees to be bound by these terms. If you are under 18 but at least 13 years old, your parent or guardian must handle transactions on your behalf as registered users.
Smartphone Thoughts reserves the right to terminate your membership and deny access to the website if it is discovered that you are under 18 years old. The site is not accessible to those whose memberships have been suspended or terminated for any reason. If you are registering as a business, you must have the authority to bind the entity to this User Agreement.
Unless specified otherwise for particular products, these terms and conditions override any previous agreements or understandings and will take precedence over any other terms related to orders placed. By using the services of Smartphone Thoughts, you agree to these terms and conditions.
Account and Registration Obligations
When you register, buy, or list products on Smartphone Thoughts, you provide us with personal information (“Your Information”), which we protect in accordance with our Privacy Policy. As a user, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to be responsible for all activities that occur under your account. Smartphone Thoughts is not liable for any loss or damage resulting from your failure to protect your password or account. If you suspect someone else knows your password, contact us immediately. We may require you to change your password or suspend your account if there is a security breach or misuse of the site.
You must provide true, accurate, current, and complete information about yourself during registration and maintain this information promptly. If you provide any false, inaccurate, incomplete, or outdated information, or if we suspect that your information is not accurate or current, Smartphone Thoughts reserves the right to suspend or terminate your membership indefinitely and deny access to the site.
Electronic Communications
When you visit our website or send us emails, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically as well. We will communicate with you via email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically fulfill any legal requirement that such communications be in writing.
Contents Posted on the Site
Our website contains various types of content such as text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artworks (collectively referred to as “Content”). Some of this Content may be generated by third-party users over whom we have no control, while other Content is created by our in-house team. Regardless of the source, you are encouraged to make informed and careful decisions before purchasing any product featured on our site.
Unless explicitly stated in these terms, you are not allowed to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute any part of our website or Content in any form to another computer, server, website, or any other medium for publication or distribution, or for any commercial enterprise without our express written consent.
You may download and use information about our products and services made available on our website under the following conditions: (1) you do not remove any proprietary notice language in all copies of such documents; (2) you use this information only for your personal, non-commercial informational purposes and do not copy or post it on any networked computer or broadcast it in any media; (3) you do not modify any of this information; and (4) you do not make any additional representations or warranties relating to these documents.
You are responsible for any content you post or transmit to our website, including notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials (collectively, “Content”). By posting or transmitting such Content, it becomes our property, and you grant us worldwide, perpetual, and transferable rights to this Content. We are entitled to use this Content for any type of purpose forever, including but not limited to promotional and advertising purposes, and in any media now known or hereafter devised. This may also include the creation of derivative works incorporating the Content you provide. You agree that any Content you post may be used by us in accordance with our Privacy Policy and the Rules of Conduct on our site, and you are not entitled to any payment or other compensation for such use.
Privacy and Use of Your Content
We respect your privacy and will use any Content you provide in line with our Privacy Policy. By using our site, you agree to these terms and consent to our use of your Content as described. Our Privacy Policy details how we collect, use, and protect your information and the rights you have regarding your personal data. Your continued use of our site constitutes your agreement to these practices.
Compliance and Usage
By using our website, you agree to follow all applicable laws, rules, and regulations, including those under the Information Technology Act, 2000, and other relevant domestic and international laws. This includes compliance with laws related to sales tax, VAT, income tax, customs duty, and more. You must not engage in any transactions that violate these laws, including any exchange control regulations.
User Conduct and Security
Please be aware that other users, including unauthorized ones, may post offensive or inappropriate content on the website. While we do not approve of such actions, we are not responsible for any personal information you share or disclose on the website that may be used to harass or harm you. Exercise caution when sharing personal details.
You are prohibited from using the site for any unlawful purposes, including posting offensive, abusive, or objectionable content, encouraging criminal conduct, gaining unauthorized access to systems, disrupting others’ use of the site, breaching laws, interfering with networks, or copying protected materials without permission.
We may limit, suspend, or terminate services and user accounts if we believe users are creating problems, legal liabilities, or violating intellectual property rights. We reserve the right to cancel inactive accounts or modify services without prior notice.
Modifications and Liabilities
We may change these terms at any time without prior notification. You should regularly review the terms. Continuing to use the service after modifications implies acceptance of the new terms. We are not liable for delays due to incomplete address listings; customers will bear reshipping charges in such cases.
Governing Law and Jurisdiction
These terms are governed by Indian law. Any disputes will be resolved in courts located in Delhi. Disputes may also be referred to an independent arbitrator appointed by us, whose decision will be final and binding. The arbitration will comply with the Arbitration and Conciliation Act, 1996, and take place in Delhi.
Reviews, Feedback, and Submissions
All reviews, feedback, and suggestions submitted to us become our property. We have full rights to use, reproduce, and distribute these submissions without compensating you. Submissions should not violate third-party rights or contain harmful content. We may monitor and remove inappropriate comments but are not obligated to do so. You must ensure your submissions are truthful and lawful.
Copyright and Trademark
All intellectual property on the website, including text, images, and software, is owned by us or licensed to us. You are not granted any rights to use these materials beyond personal, non-commercial purposes. Unauthorized use, distribution, or modification of the content is prohibited.
Objectionable Material
You may encounter content deemed offensive or objectionable. Using the site is at your own risk, and we are not liable for any such content.
Indemnity
You agree to indemnify and hold us harmless from any claims, liabilities, damages, losses, and expenses arising from your actions or breaches of these terms.
Termination
These terms are effective until terminated by either party. You may terminate by discontinuing use of the site. We may terminate at any time without notice. Upon termination, you must destroy any downloaded materials from the site. Termination does not affect your obligation to pay for products already ordered or any liabilities incurred.
Limitation of Liability
The site is provided “as-is” without warranties. We are not responsible for errors, omissions, or technical issues. Our liability is limited to the value of products ordered. We are not liable for indirect, incidental, or consequential damages.
Site Security
You must not violate the site’s security, including unauthorized access, probing vulnerabilities, or disrupting services. Violations may lead to civil or criminal liability. We will cooperate with law enforcement for any violations.
Entire Agreement
These terms constitute the entire agreement between you and us. If any part is found invalid, the rest remains in effect. Our failure to enforce any part does not waive our right to do so later.