1. Important Information about This Legal Contract
1.1.This Sale Agreement is a legal contract between the Customer and SMM-ART Training & Consultancy Services Pvt. Ltd. The Customer accepts this Sale Agreement by making a purchase, placing an order on the Site. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question. This Sale Agreement constitutes the entire agreement between the Customer and smmart Training & Consultancy Services Pvt. Ltd. relating to the purchase or sale of products or services on the Site. In the event of any conflict between the terms and conditions stated on your order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our order shall control.
2.1.All product purchases that are downloadable or designed for online use are typically made available to the customer immediately after a successful transaction. If the product is require in media form, then maximum 7 days after successful transaction (i.e. appropriate delivery address provided and payment made for the product), smmart Training & Consultancy Services Pvt. Ltd. will provide confirmation of each purchase and delivery of the software via a confirmation screen on the web site and a confirmation email sent to the email address provided during checkout. While the delivery process is set up for instant transmission of the product (audio/video) access links, smmart Training & Consultancy Services Pvt. Ltd. will not refund the purchase price of the software because of a delay in providing these access links, usernames and/or passwords and smmart Training & Consultancy Services Pvt. Ltd. is not responsible for any delays in transmission due to web service outages or email delivery delays.
2.2.The product offered by smmart Training & Consultancy Services Pvt. Ltd. is very simple to use. Thus, all products are sold with the joint understanding that the customer possesses a basic knowledge of computer systems and Video /DVD player. No returns will be accepted due to the inability of the user to understand and utilize the product because of a lack of knowledge of these basic computer functions or DVD player. smmart Training & Consultancy Services Pvt. Ltd. will attempt to resolve any problems as quickly and easily as possible.
2.3.All the product can be easily use on any DVD / VCD player or computer. User can download VLC Player to use the product on computer.
2.4. If you are unsure of the content of any product title, please contact us before purchasing the product. We are happy to help you verify that you are purchasing the right product which will meet your needs.
3. Credit Card Purchases
3.1. The term “credit card holder” as used in these terms and conditions is defined as the person or entity in whose name the credit card was issued by the bank or financial institution that appears on the credit card. When you complete an online purchase from
www.smm-art.com using a credit card for payment, you agree to the following terms and conditions:
3.1.1. You are the credit card holder, a representative of the credit card holder or the credit card holder is aware you are making the purchase and has authorized you in advance to make the purchase using their credit card.
3.1.2. If you are not the credit card holder, you agree to notify the credit card holder of the purchase before making the purchase, and you guarantee to SMM-ART Training & Consultancy Services Pvt. Ltd. that you have made the credit card holder aware of the purchase in advance.
3.1.3. Should you have a problem with your purchase, you will contact SMM-ART Training & Consultancy Services Pvt. Ltd. to allow us to resolve the problem before contacting either the financial institution that issued the credit card or the credit card company.
3.1.4. To threaten a chargeback to alter purchase price after an order is placed is extortion; it is a felony and a Federal offense. Fraudulent use of credit cards will be investigated and reported to your local police, your local bank, and our merchant service. We will prosecute to the full extent of the law.
3.1.5. We do address verifications for every credit card. Orders that request delivery to an unverified address will require that we contact the actual owner of the credit card by phone. These phone numbers are obtained from sources other than the order itself.
3.1.6. An unauthorized credit card charge back after an order has been placed is known as friendly fraud or chargeback abuse, even if you are the owner of the card, it is theft and still fraud. We will dispute the chargeback with proof of delivery and, as required, file a report with the police.
3.1.7. Original orders processed in error, improper address, wrong phone number, declined or expired card, etc. will require that new order only be shipped to the billing address of the credit card.
3.1.8. We accept only those credit cards mentioned on the product ordering screens as the payment options for your purchase.
4. Credit Card Charge backs
4.1.smmart Training & Consultancy Services Pvt. Ltd. is proud to say that we have never once had a customer rightfully chargeback a purchase made online on our website
www.smm-art.com. However, we have been the victim of criminal or fraudulent charge backs. A criminal or fraudulent chargeback is when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place or receive the order. In almost all cases, the order is requested for delivery without a signature, as proof-of-delivery allows the merchant to successfully dispute the chargeback. Unfortunately, this new form of credit card fraud is becoming more common, and online/mail-order merchants who are unable to obtain a printed signature from the customer are the victims. Please note that charging back an order when that order was shipped and received is a theft. Fraudulent charge backs hurt honest customers by forcing online merchants to raise prices to cover cost or delay shipping when a request is made to ship without a signature.
4.2.We report all wrongful or fraudulent charge backs to your local police, your local bank, and our merchant service. Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track every transaction and will use all means available to prosecute persons attempting fraud.
5. Prices, Charges and Payment
5.1.All prices are in INR. All credit card charges must be paid in INR; SMM-ART Training & Consultancy Services Pvt. Ltd. reserves the right to change the prices of products sold on this web site at any time.
6. Return Policy
6.1.Because the products sold by smmart Training & Consultancy Services Pvt. Ltd. are of audio and video, no returns of any product sold will be accepted until and unless there is some problem in the media. If we do decide or are forced to issue a refund or receive a charge-back, your debt will be turned over to our collections department and you will be charged to cover our loss. The Purchaser of any product or services from www.smm-art.com understands and agrees that all product/services purchased and/or downloaded are considered final purchase for which absolutely no refunds will be given or provided.
6.2.Further, Purchaser agrees and acknowledges that the Purchaser shall be solely responsible for and shall bear (and/or reimburse) smmart Training & Consultancy Services Pvt. Ltd. for any chargeback fees issued to smmart Training & Consultancy Services Pvt. Ltd. or from any credit card company, merchant service or other source of payment that is initiated at the request of the Purchaser. Stated another way, should Purchaser request a refund or chargeback from any credit card company, merchant service or other source of payment on the purchase of smmart Training & Consultancy Services Pvt. Ltd. products/services and should said card company, merchant or other source thereafter impose any fee or amount to smmart Training & Consultancy Services Pvt. Ltd. at the request of said Purchaser for or as a result, purchaser shall reimburse smmart Training & Consultancy Services Pvt. Ltd. for the refund amount plus the said charge back fee or amount. By purchasing any service/product
from www.smm-art.com , the Purchaser expressly authorizes smmart Training & Consultancy Services Pvt. Ltd. to direct a payment/charge to made to Purchaser’s credit card account (the same being the credit card account used in the initial purchase of said service/product) in the amount of the said refund and charge back fee (or amount charged to smmart Training & Consultancy Services Pvt. Ltd. for such refund).
7. Customer Data and Privacy
7.1. During the transaction process, customer contact information and purchase history is collected by our systems. smmart Training & Consultancy Services Pvt. Ltd. reserves the right to send relevant offers via email and postal mail to our customers using this contact data.
8. Terms of Audio & Video Media
8.1. You understand that, if you want to make a copy of any audio or video product, you acknowledge that you are the legal owner of the same product, and are looking to just make a new copy for archival (backup) purposes only. You also agree to destroy all copies of the product in the event it is ever no longer voluntarily in your possession. If you obtained your product though any other means, including any pirated versions, or if you do not already legally own the same product requested, then you may not use this product.
9. Professional Service Indemnification
9.1. You expressly agree to indemnify, hold harmless, and defend SMM-ART Training & Consultancy Services Pvt. Ltd. against lawsuits, claims, costs associated with defense or accusations, and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement, or services ordered by you, which may prove to be in violation of any law or infringement on the intellectual rights of a third party.
10. Consequential Damages
10.1. In no event shall smmart Training & Consultancy Services Pvt. Ltd., its subsidiaries or affiliates, or their respective officers, directors, employees, representatives or agents (collectively, ” smmart Training & Consultancy Services Pvt. Ltd. “) be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not smmart Training & Consultancy Services Pvt. Ltd. has been advised of the possibility of any such damages.
11.1. Any reproduction or redistribution of any smmart Training & Consultancy Services Pvt. Ltd. product not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No image, video clip, audio sample, text, content, may be copied or used in any way by the user. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH PRODUCT.
12. Terms of Service
12.1. smmart Training & Consultancy Services Pvt. Ltd. reserves the right to refuse to sell product or provide service to anyone, at its own discretion.
13. Contacting SMM-ART
13.1. For any general query call at +91 22 6772 9000 Extn 055 or mail to firstname.lastname@example.org . For any technical support call at +91 22 6772 9015 or +91 98196 97178 or mail us email@example.com our Support Team will get back to you within 24 Working hours.
14. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE!