In General

Softnmart owns and operates this Website. This document governs your relationship with Softnmart. This Website’s access to and use and the products and services available through this Website are subject to the following terms, conditions, and notices. By using the Services, you agree to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted temporarily, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. We may restrict access to some parts or all of this Website from time to time.

This Website may contain links to other websites we do not operate. Softnmart has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how to use your information, can be found here. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not:

• Commit or encourage a criminal offense.
• Transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene.
• Hack into any aspect of the Service.
• Corrupt data.
• Cause annoyance to other users.
• Infringe upon the rights of any other person’s proprietary rights.
• Send any unsolicited advertising or promotional material, commonly referred to as “spam.”
• Attempt to affect the performance or functionality of any computer facilities or accessed through this Website.

Breaching this provision would constitute a criminal offense. Softnmart will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by distributed denial-of-service attack viruses. Or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this Website or to your downloading of any material posted on it or any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Softnmart or its licensors. They are protected by copyright laws and treaties worldwide—Softnmart and its licensors reserve all such rights. You may store, print, and display the content supplied solely for your personal use. You are not permitted to publish, manipulate, distribute, or reproduce in any format. Any of the content or copies of the content supplied to you or appeared on this Website, nor may you use any content with other business or commercial enterprise.

Terms of Sale

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to delays resulting from postal delays or force majeure for which we will not be responsible.

To contract with Softnmart, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Softnmart retains the right to refuse any request made by you. If your order is accepted, we will inform you by email. We will confirm the identity of the party with which you have contracted. This will usually be Softnmart or may, in some cases, be a third party. A contract is made with a third party Softnmart is not acting as either agent or principal. The contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide are true and accurate. Also, you are an authorized user of the credit or debit card used to place your order, and there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract

When you place an order, you will receive an acknowledgment email confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation that the goods you ordered have been dispatched to you. Softnmart will include only those goods listed in the confirmation email sent at the time of dispatch in the contract formed.

(b) Pricing and Availability

While we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. Suppose we discover an error in the price of any goods you have ordered. In that case, we will inform you of this as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we cannot contact you, we will treat the order as canceled. If you cancel and have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are displayed where applicable and included in the ‘Total Cost.’

(c) Payment

Card [Debit or Credit]

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon debiting your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you receive a confirmation email. The money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

Mobile wallet

Upon receipt of your order, we check a standard approval of your payment wallet to ensure adequate funding to complete the transaction. Your wallet will be debited after approval. The money received after debiting your wallet will be treated as a deposit against the value of the products or services you wish to purchase. Once the product or service has been purchased you will receive a confirmation email. The money paid as a deposit will be used considering the price of the product or service you purchased as listed in the confirmation email.

Payment gateway and others

Upon receipt of your order, we check a standard authorization of your payment bank account to ensure adequate funding to complete the transaction. Once approved, your bank account will be debited. The money received after your bank account will be treated as a deposit against the value of the goods or services you wish to purchase. Once the product or service has been purchased you will receive a confirmation email. The money paid as a deposit will be used considering the price of the product or service you purchased as listed in the confirmation email.

SSLCOMMERZ Payment Gateway

1. Terms and Condition, Return and Refund Policy & Privacy Policy needs to be mentioned in both Website Footer and Check Out.

2. In the Return and Refund Policy a standard timeline needs to be mentioned. (10 working days)

3. About Us should be present in the Website Footer, along with company and management details.

4. Registered Address needs to be mentioned on the website, as per trade license.

5. Delivery Time needs to be mentioned on the website (3-5 working days)

6. Trade license Number/ TIN Certificate Number needs to be mentioned on the website footer.

7. No demo version or Under Maintenance site will be acceptable in the case of Payment Gateway.

8. An updated payment banner should be attached to the website footer. I am attaching the banner to this email.

9. Product stock quantity should be mentioned in the website.

10. Stock out product should be mentioned on the picture.

11. Third-party advertisements should not be allowed. If the merchant allows any third-party advertisement, it should be his responsibility.

12. If the merchant shares any customer information with any third party it should be the merchant’s responsibility.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, Softnmart and its suppliers, content providers, and advertisers now expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Softnmart’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so fairly and legally. You do not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website you do not own. You must not frame this Website on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities, and third party copyright

Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services, and/or locations featured on this Website are in no way associated, linked, or affiliated with Softnmart. You should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trademarks/names featured on this Website. A trademark or brand name is referred to. It is used solely to describe or identify the products and services. It is not an assertion that such products or services are endorsed by or connected to Softnmart.

Indemnity

You agree to indemnify, defend and hold harmless Softnmart, its directors, officers, employees, consultants, agents, and affiliates, from any third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

Softnmart shall have the right in absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

Suppose any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you). In that case, the enforceability of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise; please let us know if you have any complaints or comments.

Waiver

Suppose you breach these conditions, and we take no action. In that case, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the parties’ entire agreement and supersede all preceding and contemporaneous agreements between you and Softnmart. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Softnmart.