Deals shall mean and include an offer for a product or service, which is provided on the website.

Intellectual Property rights, IPR means all intellectual property rights subsisting under the laws of each and every jurisdiction throughout the world. The intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

ACCEPTING THE TERMS :

SmileBasket shall interact with customers / clients through E-mail, Form on our website, Chat program on our website, Phone call, Skype or similar service and by printed communication (documents, brochures etc.) by clicking a button or checkbox on a website. You accept and agree to the terms, where this option is made available to you by SmileBasket in the user interface.  In order to use the site, you must first agree to the terms. You may not use SmileBasket if you do not accept the terms.

ELIGIBILTY :

This website may only be used or accessed by persons who are binding under the Indian Contracts Act 1872. Persons who are incompetent to contract within the meaning include incompetent persons, insolvents; minors are not eligible to use the website.

REGISTRATION :

You agree to SmileBasket that you are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The company its employees or its associates will not be responsible for any losses arising from its breach of secrecy of its username and password. You must provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using identity of any other person. If you provide any information that is untrue, inaccurate, not current or incomplete or not in accordance with the agreement, the company has the right to suspend or terminate or block your access to the website in any manner whatsoever.

Seller Registration :

Buyer Registration:

SELLERS AND LISTING POLICIES :

• A seller who wishes to sell products on SmileBasket will have to register on our website through the Sell on SmileBasket page by providing all the requisite information needed to complete the form. SmileBasket expects the users to enter true, authorized, legal and correct data ensuring that it is not misleading, fraudulent, false and otherwise illegal. SmileBasket reserves the right to suspend/terminate a sellers account based if we discover that any aforesaid data or does not comply with the policies listed here under seller policies and in all such cases sellers will be liable for any loss, liability or consequences arising due to this. All sellers will be outlining specific policies pertaining to their own store such as shipping, delivery timelines, and returns. All store owners will be required to comply with SmileBasket disclaimer policies.

• The Listed items of the sellers on the site must be kept in stock as displayed on the website and any items not available for immediate delivery must be removed from the listing. There can be multiple listings for different styles, but only single listing for different colours, sizes and based on resource availability you may list various customizations available for a certain product. The customization allows customer to request sellers for different customization within a listed product, which you may communicate to be feasible or not subject to the availability of resources for such a customization.

• You agree to SmileBasket that you are solely responsible for the information and content shared on SmileBasket and it shall not be or contain any false, misleading, illegal, unauthorized, counterfeit, stolen goods, obscene, pornography, adult goods.

• You must ensure that your products will not infringe any copyrights, trademark, and intellectual property rights of any other company or third party. You agree to SmileBasket that you will be solely responsible for any such infringement issues or its website, and SmileBasket does not hold any responsibility or liability in all circumstances where disputes may arise with third parties.

• You shall be responsible for all the information provided in the description of the product on the website. All such information shall be correct and complete without any misleading content or attributes which you will later not be able to provide with the product at the time of order. You must not to use any unrelated brand names or publish any other websites, competitors, text or content about the products. If required SmileBasket will facilitate logistics, product photo shoot, and description content upon request by the seller subject to applicable charges put forth by SmileBasket from time to time.

• SmileBasket reserves the right to end any listing without any notice at its discretion subject to the listing not complying with the policies of the company. You agree SmileBasket will not engage in any unfair practice by the sellers or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

• SmileBasket provides facilities for buyers to write reviews, share reviews about product on the website as well as social networks. SmileBasket will not take any action against the buyer who writes the reviews based on the product which may result in causing loss of business and reputation to the seller.  The seller cannot take legal action against the buyer for writing reviews based on the product.

• SmileBasket is commited to deliver goods to buyers within a stipulated time period. You agree to SmileBasket that you will try best possible to uphold these timelines for delivery by shipping the products in stock as early as possible in order to avoid any delays in delivery. Typical time set across by SmileBasket is 5 days for shipping and 10 days for delivery. You agree to SmileBasket that the product will be shipped within 5 days of the product being bought, and should reach the buyer within 10 days of the order being placed. Further, in case of more than 2 delays in a month according to these timelines may lead to temporary de-activation of the store. Any uncontrollable delays by the courier companies would be excluded in consideration of delivery delays.

• Re-activation of the store lies at the sole discretion of SmileBasket and/or its directors.

• You agree to SmileBasket that utmost care would be taken during fulfillment of any order. This includes correct, non-damaged product shipped against any order. In case of more than two returns per month due to incorrect or damaged product being shipped, the shipping charges for both ways for all such return orders will be agreed to be borne entirely by the seller.

PROHIBITED ITEMS:

1. Adult goods and services which includes pornography and other sexually suggestive materials including literature, imagery and other media escort or prostitution services and Website access and/or website memberships of pornography or illegal sites

2. Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne

3. Body parts which includes organs or other body parts

4. Bulk marketing tools which include email lists, software, or other products enabling unsolicited email messages (spam)

5. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free

6. Child pornography which includes pornographic materials involving minors

7. Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection

8. Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials

9. Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software

10. Drugs and drug paraphernalia which include illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms

11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items

12. Endangered species which includes plants, animals or other organisms including product derivatives in danger of extinction

13. Gaming/gambling which includes lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content

14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.

15. Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.

16. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts

17. Miracle cures which includes unsubstantiated cures, remedies or other itemsmarketed as quick health fixes

18. Offensive goods which includes literature, products or other materials that:

    • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors

    • Encourage or incite violent acts

    • Promote intolerance or hatred

19. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals

20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner

21. Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances

22. Regulated goods which includes air bags; batteries containing mercury, Freon or similar substances/refrigerants, chemical/industrial solvents; government uniforms, car titles, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, goods regulated by government or other agency specifications

23. Securities which includes stocks, bonds, or related financial products

24. Tobacco and cigarettes which includes cigars, chewing tobacco, and related products

25. Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products

26. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments

27. Wholesale currency which includes discounted currencies or currency exchanges

28. Live animals or hides/skins/teeth, nails and other parts etc of animals

29. Multi Level Marketing collection fees

30. Matrix sites or sites using a matrix scheme approach

31. Work-at-home approach and/or Work-at-home information

32. Drop-shipped merchandise

33. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India

34. The Merchant providing services that have the potential of casting the EBS and/or Payment Gateway facilitators in a poor light and/or that may be prone to Buy & Deny attitude of the cardholders when billed (e.g. Adult material/ mature content/Escort services/ friend finders) and thus leading to chargeback and fraud losses

35. Businesses or websites that operate within the scope of laws which are not absolutely clear or are ambiguous in nature (e.g. Web-based telephony, Websites supplying medicines or controlled substances, websites that promise online match-making)

36. Businesses out rightly banned by law (e.g. Betting & Gambling/ publications or content that is likely to be interpreted by the authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes &games of chance

37. The Merchant who deal in intangible goods/ services (eg. Software download/ Health/ Beauty Products), and businesses involved in pyramid marketing schemes or get-rich-quick schemes or any other product or Service, which in the sole opinion of either the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them / both of them, as communicated by either of them/ both of them to the Merchant from time to time. This shall be without prejudice to any other terms & conditions mentioned in this Agreement

38. Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam)

39. Web-based telephony/ SMS/Text/Facsimile services or Calling Cards, Bandwidth or Data transfer/ allied services. Voice process /knowledge process services

40. Mailing lists

BUYING POLICY:

Buyers will be using the site for general browsing and buying products from the site. The buyer will register on SmileBasket and transact, and must ensure that he/she is legally able to buy any item on the site.

RETURNS & CANCELLATION:

• Return Cases: In case of any COD orders getting returned due to change of customer decision or customer not present to receive the product, the entire shipping cost including return shipping will be borne by the seller.  Sellers can choose to use SmileBasket shipping services or their own shipping partners for Cash on delivery services.
  
  
• Cancellation Cases: Sellers are requested and expected to have stock updated periodically and correctly. Any cancellations due to incorrect stock update or any other reason causing inconvenience to customer will be liable for cancellation charges of 10% on invoice amount for more than 3 cancellations per month. This cancellation charge will be applied on all the invoice amounts of the cancelled orders.



• Lost or Damaged shipment cases: In case of any shipment being lost/damaged by our shipping partner, aramex , an amount of Rs.1000  or the product amount whichever is less will be returned to the seller irrespective of invoice amount. 

INTERNATIONAL RETURNS :

         In case of international order getting returned due to import charges not paid by customer, entire import duty, custom duty or international taxes will be borne by the seller in addition to the shipping costs. The product being returned to the seller is subject to the seller being ready to bear return import charges.
         Import duty charges usually vary from country to country and depends on the product amount. In case of multiple sellers for an international return, import duty charges will be shared between the sellers. This resolution for loss sharing is the sole responsibility of SmileBasket and will be binding on all the sellers.
         For any damaged/loss shipments entire import charges if applicable will be borne by the seller in addition to the shipping costs. Any liabilities arising out of such cases will be the sole responsibility of sellers and SmileBasket.com will not be held for any loss or damage of your products.

DISPUTES (RESOLUTIONS) POLICY:

• General
  Normally, Transactions are conducted smoothly on SmileBasket.com. However there may be some cases where both the Buyers and Sellers may face issues. At SmileBasket.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.




• What is a dispute?
  A Dispute can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.
  
  

• How does a dispute occur in the Marketplace?
  Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
  It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Sellers payment for that order is put on hold immediately until the issue is resolved.




• How is a dispute created?
  Whenever there is a disagreement, the Buyer & the seller can write to dispute@SmileBasket.com in order to raise a dispute. Disputes should be raised at a particular transaction level.




• What are the various types of disputes?
  Following are the indicative examples of potential disputes:

  1. Wrong item received
  2. Item Not as described
  3. Damaged or Defective item received

        In case the Seller rejects the return request of the Buyer, and sp;Buyer raises a dispute, then SmileBasket.com will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of         the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is not entitled to any refund.

Buyer Eligibility and Restrictions :
Only the Buyers who have purchased the product on SmileBasket.com are eligible for the Buyer Protection Program.
Buyers can file a dispute within 5 days from the date the seller has rejected the return request of the Buyer.
Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyers responsibility. Buyers should refuse to accept delivery if the item is damaged.
To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller directly or indirectly through SmileBasket.com and attempt to resolve the issue. If the Buyer doesnt hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with SmileBasket.com by writing an email to dispute@SmileBasket.com
Fraudulent charges and claims are not covered under Buyer Protection Program
Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. SmileBasket.com shall verify the disputes so raised and may process only such claims that are valid and genuine.
SmileBasket.com shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
Claims of the nature of Buyer remorse (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
SmileBasket.com reserves its right to initiate civil and/or criminal proceedings against a Buyer / Seller who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, SmileBasket.com may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
Decisions made by SmileBasket.com under the Buyer Protection Program shall be final and binding on its Buyers & Sellers.
SmileBasket.com reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
Through this program, SmileBasket.com shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

CHARGES :

1. Sellers will be allowed to list their products for listing charges as mentioned in the fees policy

2. On SmileBasket.com, subject to the product not being a part of the list of prohibited items listed in this terms and conditions and being approved by SmileBasket, which is entirely at SmileBaskets discretion. A small commission will be charged on every transaction made on products listed on SmileBasket. The seller agrees that the price of the products listed on the site will be the final transaction price when a customer places an order against the product.

3.  You agree SmileBasket may apply fees from time to time in accordance with the fees policy incorporated herein. Any other charges arising out of the services provided by SmileBasket to facilitate transactions for the sellers will be revised and communicated from time to time with the sellers.

4.  You agree SmileBasket receives the right to terminate your account and take legal action in cases of non-payment of any fees payable to HighFive India Private Ltd. for use of any of its services.

MODE OF PAYMENT :

• SmileBasket has partnered with various payment facilitating companies to ensure smooth and efficient transactions to the customers and sellers.  The mode of payment can be on cash on delivery, net banking, credit/debit cards, itz cards or cash before delivery.

• The buyers on SmileBasket will be paying through above modes only to the account of SmileBasket. On receiving the amount on SmileBasket Companys account the seller will be notified to process the order and all such amounts will be added to the seller account books on SmileBasket on confirmation of delivery of the products

• There will be no transaction directly to the sellers bank account from the customer and twice every month on predefined dates all the seller accounts will be cleared against the total amount payable by SmileBasket against any product which is sold and also completed the return policy time period for the product without the product being returned. All such payments are subject to confirmation of delivery of the product to the customers.  This requires all the sellers to ship through courier services which are traceable at any given point in time. You agree that SmileBasket reserves the right to delay any such payments for orders which lack any kind of tracking services, which results in discomfort to the customers and sellers alike.

• Current payment cycles for all sellers on SmileBasket are as follows:

1. 6th to 10th of every month : Orders delivered from 16th of previous month to 30/31st of previous month.
2. 21st to 25th of every month: Orders delivered from 1st of current month to 15th of current month.

INTELLECTUAL PROPERTY RIGHTS :

You acknowledge and agree that SmileBasket(or SmileBaskets licensors) owns all legal rights, title and interest in and to the deal, including any intellectual property rights which subsist in the deal whether those rights happen to be registered or not, and wherever in the world those rights may exist. You further acknowledge that the offering may contain information which is designated confidential by SmileBasket and that you shall not disclose such information without SmileBaskets prior written consent.

 Unless SmileBasket has otherwise agreed in writing, nothing in the terms gives you a right to use any of SmileBaskets trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You additionally agree that in using the deal, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. any item that you purchase on the site.

DISCLAIMER AND EXCLUSION OF WARRANTIES :

You agree to SmileBasket the products sold/bought by vendors, customers, and individuals with no direct involvement of SmileBasket in the transaction; as such the quality, legality, ownership and any other claims and aspects listed by the seller of the product cannot be controlled by SmileBasket. However SmileBasket has procurement and curating in place for the items listed on its website to guarantee their authenticity.

 SmileBasket does not claim ownership of the sellers content on the website. You grant SmileBasket the rights to enable use any information store, reproduce, or reformat sellers content and display it on SmileBasket in any way.  SmileBasket will disclose your personal information only in accordance with its privacy policy.

You agree the information provided by SmileBasket is up to date and make no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, and suitability with respect to the website. Any reliance you place on such information with SmileBasket is strictly at your own risk.

In no event will SmileBasket be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with the use of this website.

SECURITY :

SmileBasket shall use traffic log cookies to identify which pages are being used. This helps to analyze data about webpage traffic and improve the website in order to tailor it to customer needs. You agree that SmileBasket use this information only for statistical analysis purposes and then the data is removed from the system.

You can choose to accept or decline cookies. SmileBasket is  committed to ensure that  information is secure and in order to prevent unauthorized access or disclosure have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information  collected.

PRIVACY POLICY :

SmileBasket requires a user to provide a valid email address to use the features listed on the site. In addition to this additional information might be needed from you, for additional services, like billing, shipping address etc. SmileBasket members may review and change their information, and opt out of receiving certain messages in their account settings, remove certain optional pieces of information.

SmileBasket may send promotional emails about new products, special offers or other information to the users using the email address and options for receiving this information provided during registration on our website. In the user account details page in the website, if you allow us, we may use your information from time to time to contact users for market research purposes and may contact by email, phone, fax or mail.

License OF SmileBasket :

 SmileBasket gives you a personal license to use the software provided to you by SmileBasket as part of the offering provided to you by SmileBasket. This license is for the sole purpose of enabling you to use and enjoy the benefit of the offering as provided by SmileBasket, in the manner permitted by these terms.

 You agree not to commercially exploit, either directly or by sale, or transfer commercially or profit from the offering and products. You agree not to permit anyone else to copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to extract the source code of the software or any part thereof.

 Unless SmileBasket has given you specific written permission to do so, you may not assign or grant a sub-license of your rights to use the service or otherwise transfer any part of your rights to use the service.

TERMINATION :

         The terms will continue to apply until terminated, either by you or by SmileBasket, as set out below.

• SmileBasket may at any time, terminate its legal agreement with you if:

a)      You have breached any provision of the terms or have acted in manner which clearly shows that you do not intend to, or is unable to comply with the provisions of the terms.

b)      we are required to do so by law where the provision of the Deal  is or becomes unlawful

• When these terms come to an end, all of the legal rights, obligations and liabilities that you and SmileBasket are subject to in relation to the obligation to maintain confidentiality or other legal rights, obligations and liabilities which are expressed to continue , shall be unaffected by this cessation.

LIMITATION OF LIABILITY :

         You expressly understand and agree that SmileBasket shall not be liable to you for any under the following cases:

• You acknowledge that SmileBasket information and materials may contain inaccuracies or errors and SmileBasket expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on SmileBasket is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• SmileBasket contains material which is owned by or licensed to us and the material being limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. 

• You agree all trademarks reproduced on SmileBasket which are not the property of, or licensed to, the operator of the trademark on our website are acknowledged on the website.

• You agree that unauthorized use of this website may give rise to a claim for damages or be a criminal offence.

• You acknowledge that from time to time SmileBasket may also include links to other websites. You agree to SmileBasket that these links are provided for your convenience to provide further information.  You agree to SmileBasket that we do not endorse the website(s) and have no responsibility for the content of the linked website(s). 

• You may not create a link to this website from another website or document without SmileBaskets prior written consent.

CONFIDENTIALITY :

         You may choose to restrict the collection or use of your personal information in the following ways with SmileBasket:

• Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
• If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by changing the settings under My account details on the website or by writing to or emailing us at wecare@SmileBasket.com.
• You agree SmileBasket will not sell, distribute or lease your personal information to third parties unless SmileBasket has your permission or are required by law to do so. You agree SmileBasket may use your personal information to send you promotional information about third parties which SmileBasket think you may find interesting if you bring to our notice that you wish this to happen.
• If you believe that any information SmileBasket is/ are holding on you is incorrect or incomplete, please write to or email to SmileBasket as soon as possible, at the above address and will promptly correct any information found to be incorrect.

EXTERNAL LINKS ON WEBSITE :

The Deal may include hyperlinks to other web sites or content or resources. However SmileBasket has no control over any websites or resources which are provided by companies or persons other than SmileBasket. You acknowledge and agree that SmileBasket is not responsible for the availability of any such external sites or resources, and does not endorse any advertising products or other materials available from such websites or resources

CHANGES TO TERMS :

         SmileBasket may make changes to the terms from time to time and the same will be communicated to you, on the website, without prior intimation to you. Your continued use of the deal will indicate your acceptance of the modified terms. When these changes are made, SmileBasket shall make the amended copy of the terms available in an accessible location. You understand and agree that if you use the deal after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, SmileBasket will treat your use as acceptance of the amended terms

BREACH :

SmileBasket may limit your activity immediately removing your information and warn other Users of your actions, and suspend or block your membership temporarily/permanently, or refuse to provide you with access to the SmileBasket website on the following basis:

• If you breach the terms of use or privacy policy or any other rules and policies and SmileBasket is unable to verify or authenticate any information you provide and is believed that your actions may cause legal liability for you, others or SmileBasket. SmileBasket has the sole discretion to reinstate suspended users.
  
• A User that has been suspended or blocked may not register or attempt to register SmileBasket Website in any manner whatsoever until such time that such User is reinstated by SmileBasket. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or  any other rules and policies, SmileBasket reserves the right to recover any amounts due and owing by you to SmileBasket and to take strict legal action  to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

INDEMNITY :

You shall indemnify and hold harmless SmileBasket its owner, licensee, affiliates, subsidiaries, group companies and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies.

NOTIFICATION OF MODIFICATIONS AND CHANGES TO THE T&C :

We reserve the right to change the Terms from time to time as we see fit and your continued use of the site will signify your acceptance of any adjustment to these terms. We will announce that these changes have been made on our home page and on other key pages on the Website.

We may not notify you about changes in Terms and you are advised to check the website frequently to view the latest terms. The date that the Terms page was last updated will be displayed on the Terms page on the website. Should it be that you do not accept any of the modifications or amendments to the Terms, you may terminate your use of this website immediately.

You are therefore advised to re-read this T&C on a regular basis.

COMPLAINTS FORUM AND GREIVANCE REDRESSAL :

You may address any of complaint, grievances and queries to any of the contact details available on our contact us link on our home page or in the alternative your queries and complaints may also be e-mailed to us. We shall strive to address your complaints as quickly and efficiently as possible. However on the event of a delay or inability to address the same, we shall not be held responsible.

GENERAL :

Sometimes when you use the site, you may as a result of or through your use of the offering use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods may be subject to separate terms between you and the company or person concerned.

 The terms constitute the legal agreement between you and SmileBasket and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of but excluding any offering which SmileBasket may provide to you under a separate written agreement, and completely replace any prior agreements between you and SmileBasket in relation to the offering.

You agree that if SmileBasket does not exercise or enforce any legal right or remedy which is contained in the terms or which SmileBasket has the benefit of under any applicable law, this will not be taken to be a formal waiver of SmileBasket rights and that those rights or remedies will still be available to SmileBasket.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable. The terms and your relationship with SmileBasket under the terms shall be governed by the laws of India.