Terms & Conditions

The following terms and conditions will be deemed to have been accepted by the user on the usage of the website smithways.com. You are requested to read them carefully before you use the services of the site, referred to as ‘digital assets’.

The digital assets are owned and maintained by Smithways, having its registered office at Vikrant Enclave, Shop No. 2, DDA Complex, G-8 Area, Rajouri Garden, New Delhi. Smithways reserves the right to make changes to terms, conditions and disclaimers at any time and without prior information to the customers of the services.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party or manufacturer or brand owner and so expressly mentioned, Smithways owns all Intellectual Property Rights to and into the digital assets, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trademarks, trade names, service marks, designs, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from this Website without obtaining authorization from Smithways.

User Security

By registering with the digital assets you can access or view the prices, product details, and submit purchase orders electronically. You are responsible for using the digital assets in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Warranties

Smithways makes no warranty for any damage suffered by customers from use of the services on this site. Furthermore, it makes No warranty that :

  • The information on the digital assets is a substitute to proper consultation and treatment from a, or other registered medical practitioners.
  • The digital assets will be available on an uninterrupted, timely, secure, or error free basis.
  • The results that may be obtained from the use of the digital assets or any services offered through the digital assets will treat any disease.

Usage Restrictions

You agree not to use the digital assets for any of the following purposes :

  • Circulate or spread any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Convey material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorized access to other computer / network systems which may include Interfering with any other person’s use or enjoyment of the Website
  • Breaching any applicable laws.
  • Interfering or disrupting networks or websites connected to the digital assets.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of Smithways.
  • Any activity which results in manipulation, defacement, hijacking, hacking, etc., of the website.
  • Use the digital assets to violate the security of any computer network, crack pass words or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
  • Engage in any fraudulent, abusive or illegal activity, including but not limited to any prohibited activity outlined in the Information Technology Act, 2000, communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use
  • Cache or permit caching by any person.
  • Rent, lease, sell, sublicense, or lend your access to the digital assets.

Charges

The firm will charge freight or handling charges or shipping charges, international payment gateway charges and/or statutory taxes as applicable. For more information, you may call us on the number given on site.

Limitation Of Liability

In no event will we be liable for damages of any kind , including, without limitation , direct , incidental ,consequential damages (including, but not limited to, damages for lost profits , business interruption , and loss of programs or information) arising out of the use of or inability to use our digital assets, or any information provided on the digital assets, or in the products any claim attributable to errors, omission , or other inaccuracies in the products or interpretations thereof.

Indemnification

User agrees to indemnify, defend and hold Smithways or its owners harmless from and against all losses, expenses, damages and cost, including reasonable attorney’s fees, arising out of or related to any misuse by the user of the content and services provided on the digital assets.

Governing Law

The laws of India shall apply and courts in Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. The firm reserves the right to make changes to the digital assets and the terms, conditions and disclaimers at any time and without information to the customer/customers of the services.

Software Available on the Digital Assets

Software or information (if any) that is made available for use or download from the digital assets (“Software”) is the copyrighted work of Smithways and/or its Licensors. Your use of the Software is governed by the terms of the end user license agreement (“License Agreement”), if any, which accompanies or is included in the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

Notices

User agrees to indemnify, defend and hold Smithways or its owners harmless from and against all losses, expenses, damages and cost, including reasonable attorney’s fees, arising out of or related to any misuse by the user of the content and services provided on the digital Notices under these Terms may be given by Smithways and the Customer in writing by delivering them by hand or by sending them by post to the last address given by the Customer and in the case of Smithways to the contact address mentioned on the digital assets.

In addition, Smithways may also publish notices of general nature, which are applicable to all Visitors or Customers in a newspaper or on its digital assets. Such notices shall have the same effect as a notice served individually to each Visitor or Customer.

In the case of hand delivery, cable, telex, facsimile notices or electronic communication, notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the digital assets. Smithways shall be deemed to have fulfilled any legal obligation to deliver to the Customer, if any such document is sent via electronic delivery at the electronic mail id last provided by the Visitor or Customer. Any instructions received from the Customer/Visitor by means of electronic delivery or by facsimile would be deemed to have been sent on paper.

Modification of These Terms of Use

Smithways reserves the right to change the terms, conditions and notices under which the digital assets are offered, including but not limited to the charges, if any, associated with the use of the digital assets. It shall be the sole responsibility of the user to regularly review these terms and conditions. The user’s continued use of the digital assets shall constitute his/her/its acceptance of any such changes to this policy.

Termination/Access Restriction

Smithways reserves the right, in its sole discretion, to terminate your access to any or all digital assets and the related services or any part or portion thereof, at any time, without notice.

Materials provided by you

Smithways does not claim ownership of the materials you provide to Smithways (including registration data, feedback, suggestions etc) or post, upload, input or submit to any of the digital assets or its associated services (Submissions). However by posting, uploading, inputting, providing or submitting your Submissions, you are granting Smithways and its group companies/affiliates the use of your Submissions in connection with the operation of their businesses including publishing your name in connection with your Submissions. Smithways shall not use or sell user identifiable data contained in the Submissions. However, Smithways has the sole & exclusive right to use, transfer or otherwise deal with compiled user aggregated data as not restricted by law.

Modification of These Terms of Use

Smithways reserves the right to change the terms, conditions and notices under which the digital assets are offered, including but not limited to the charges, if any, associated with the use of the digital assets. It shall be the sole responsibility of the user to regularly review these terms and conditions. The user’s continued use of the digital assets shall constitute his/her/its acceptance of any such changes to this policy.

Information on Products and Services

The information (including without limitation advice and recommendations) and services on this Website are intended solely as a general educational aid and does not constitute a recommendation to buy any products, etc. discussed therein by Smithways.

Any decisions will be based solely on your own discretion and evaluation of the products of Smithways and your need for the same. While adequate care would be taken to ensure completeness, accuracy etc. of the information/services provided, Smithways shall in no circumstances be liable for any loss or damage caused by your reliance on information obtained through this Website. It is your sole responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on this Website. You should consult your own legal counsel, business Advisor and tax Advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given.

Message Boards/Chat Rooms

The site provides message boards & chat rooms for user discussions. We expect our viewers to exercise due caution before transacting on any message posted on the boards/chat rooms. We request the participants not to misuse the boards & chat rooms by posting malicious & ill intentioned messages. The messages posted on chat rooms & message boards are the views of the individual posting them. We will not assume any liability on account of the message posted on message boards & chat rooms.

Security Practices and Procedures

Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place.

Privacy Policy

Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place.

  • User Privacy – The user’s right to privacy is of paramount importance to us. Any information provided by the user will not be shared with any third party. We do everything we reasonably can to protect your rights of privacy on systems and the website controlled by us, but we are not liable for any unauthorized or unlawful disclosures of your personal and confidential information made by third parties who are not subject to our control, for example courier agencies and intermediaries that have links to our order processing system. You should take note that the information and privacy practices of our business partners, advertisers, sponsors or other sites to which we provide hyperlinks, may be different from ours. Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. We collect email address, name, phone number when you use our services or products. This information is used to send you personalized offers, product & service updates and health information based on your interests.
  • Personal Information – Sensitive personal data or any personal information (name including first and last name, email address, mobile phone number and contact details, age, date of birth, area ZIP/Postal Code, password); financial information such as bank account or credit card or debit card or other payment instrument details; physical, physiological and mental health condition; medical history; sexual orientation; medical records and history; biometric information (such as DNA, fingerprints, voice patterns, etc. that are used for authentication purposes); user interests, will be considered sensitive personal data or information under the Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and any such information collected will be available for view by the user on the Website. Any personal/sensitive information will not be disclosed by Smithways to any third party without prior permission. No prior permission will be required if the request for such information is –
    • Necessary for compliance of a legal obligation.
    • Shared with Government agencies mandated under the law to obtain information for the purpose of verification of identity.
    • For prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. Any personal/sensitive information can be transferred to any other Company/person in India only if

Consent is given by the user. – It is necessary for the performance of contract between us and the user. Any personal information shall not be collected without consent by the user. The information will be collected for lawful purpose or if it is considered necessary for the purpose. The information collected shall be used only for the purpose for which it is collected and shall not be retained for a period longer than what is required.

The user will be aware about the fact that the information is being collected, its purposes and recipients, name and addresses of the agencies retaining and collecting the information.

The personal/sensitive information will be collected only for the purpose for which it is sought.

The user will be provided with an opportunity to review the information provided and make corrections, if required.

Before collecting the information, the user will be provided with an option to not provide the information sought.

The user will be able to withdraw their consent later. If done so, we have the option of not providing the good/services for which the information is sought.

Cookies

Smithways uses “cookies” to track usage patterns, traffic trends and user behaviour, as well as to record other information from the website. For certain services provided on this website, cookies allow Smithways and/or its group companies/affiliates to save information locally so that you will not have to re-enter it the next time you visit. Many content adjustments and customer service improvements are made based on the data derived from cookies. The information we collect from cookies will not be used to create profiles of users and will only be used in aggregate form.

The User may set his/her/its browser to refuse cookies. If the User so chooses, the User may still gain access to most of the Website, but the User may not be able to conduct certain types of transactions (such as shopping) or take advantage of some of the interactive elements offered.

If the User uses any of the sharing features that may be offered by the digital assets, the User’s friend’s email address will not be retained on Smithways Website or used in any way by Smithways or its group companies/affiliates.

Security Practices and Procedures

Our Company complies with reasonable security practices and procedures to protect the sensitive and personal information collected by us. Regular audits are conducted to ensure that reasonable security practices and procedures are in place.

Additional Terms and Conditions

  • You are accepting these terms and conditions (after having read, understood and accepted the brochure/ prospectus/ sales literature/ terms and conditions of the Policy as available on the Company’s website) and declare and confirm that all the statements made by you herein/ documents submitted, if any, are complete and accurate and you have complied with the need to disclose all the material facts for considering your acceptance which shall be the basis of contract with the Company.
  • You understand that the Policy shall become void at the Company’s option, in the event of any untrue or incorrect statement, misrepresentation, non-description or non-disclosure of any material fact, in the proposal form/personal statement, declaration and connected documents or any material information having been withheld by you or anyone acting on your behalf.
  • You understand that the Policy shall become void at the Company’s option, in the event of any untrue or incorrect statement, misrepresentation, non-description or non-disclosure of any material fact, in the proposal form/personal statement, declaration and connected documents or any material information having been withheld by you or anyone acting on your behalf.
  • You consent to and authorize the Company and /or any of its authorized representatives to seek medical information from any hospital/medical practitioner or any other related entity that you have attended or may attend in future concerning any disease or illness or injury.
  • You consent to provide a valid age proof and identity proof at the time of claims or any other time when required by the company.
  • You consent to receive information from the Company through hard copy documents and electronic or telecommunication mediums from time to time. You authorize the Company to exchange, share or part with the information relating to the contact details and information with other Smithways Companies as may be required and you will not hold the Company or any other group company of Smithways and their agents liable for use of this information.

Contact

If you have any questions you may contact us at no: 9355-480-480 and also write to info@smithwayspharma.com. The Grievance Officer will contact you.