Terms of service

This Document Is An Electronic Record In Terms Of The Information Technology Act, 2000 And Rules Made Thereunder. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures.

This Document Is Published In Accordance With The Provisions Of Rule 3(1) Of The Information Technology (Intermediaries Guidelines) Rules, 2011 That Requires Publishing The Rules And Regulations, Privacy Policy And Terms Of Use For Access Or Usage Of This Website/Mobile Application.

The domain names www.smotect.com (hereinafter referred to as the “Website/ Application”an) are owned by M/s Project Happiness, a company incorporated under Indian Law as Proprietor Company, and having its registered office at 275/2184, Motilal Nagar 1, Opp. Vibgyor School, Goregaon West, Mumbai - 400104, Maharashtra, India. The Website/ Application is a platform for selling Ayurveda based products relating to tobacco smoking for its reduction and quitting same in addition creating self-help pre-recorded Guided sessions for motivating, inspiring for same (“Products”) to customers primarily Pan India. Project Happiness, may, at its sole discretion and in a manner it deems fit service customers outside India on a case to case basis.

Project Happiness reserves a right, at its sole discretion, to change, modify, add or remove all or any of these Terms of Use (“Terms” or “Terms of Use”), at any time without any prior written notice to you. It is your sole responsibility to review these Terms periodically for updates and changes. Your continued use of the Website/ Application following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms, Project Happiness grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Website/ Application.

Acceptance of Terms
Please carefully read these Terms. In order to use the Website/ Application, you must first agree to the Terms. By accessing, browsing or otherwise using the Website/ Application, you are agreeing to these Terms and concluding a legally binding contract with Project Happiness. You are advised to read these Terms carefully before proceeding.
You may not use the Website/ Application if you do not accept the Terms or are unable to be legally bound by the Terms. Your use of the Website/ Application is governed by these Terms and shall include the applicable policies which are incorporated herein by way of reference. By impliedly or expressly accepting these Terms, you also accept and agree to be bound by all policies of Project Happiness, including but not limited to its privacy policy ("Privacy Policy"), as amended from time to time.
As a condition of your access to and use of the Website/ Application, you agree that you will comply with all applicable laws and regulations when using the Website/ Application.

Eligibility
Use of the Website/ Application is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Website/ Application. Any person under the age of 18 shall not register on the Website/ Application and shall not transact on or use the Website/ Application. If a minor wishes to use or transact on the Website/ Application, such use or transaction may be made by the minor’s legal guardian or parents on the Website/ Application. Project Happiness reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website/ Application if it is brought to Project Happiness’s notice or if it is discovered that such person is not eligible to use the Website/ Application.

Account and Registration Obligations
The Website/ Application allows only limited and restricted access to the services for registered users.
In order to use the Website/ Application, as part of the registration process, you will have to create an account on the Website/ Application (“Account”), which can be done by signing up by entering your name, registered Mobile number, e-mail address and password.
While registering with Project Happiness to use the Website/ Application, you shall not:
create an Account for anyone other than yourself, unless such person's prior permission has been obtained;
use an Account that is the name of another person with the intent to impersonate that person
use a name for the Account that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful; or
create more than one Account on the Website/ Application.
All Agents, Distributors, Direct selling agents and others ,who have written contract/Agreement with company can use, create an Account or register as per the terms conditions mentioned in such Contracts.

Project Happiness Holistics cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

Once registered, in order to log into the Account on the website, you will be required to provide the e-mail address, mobile number and password used at the time of registration (“Account Information”).
You agree that the information that you provide to us at all times, including at the time of registration, will be true, accurate, up-to-date, and complete. You agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete or if Project Happiness has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete, or not in accordance with the these Terms, Project Happiness Holistics shall have the right to indefinitely suspend or terminate or block access to your Account on the Website/ Application and refuse to provide you access to the website.
You shall not transfer or share your Account Information with anyone. You are responsible for maintaining the confidentiality of your Account Information and for all activities that occur under your Account.
Project Happiness  Holistics reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Website/ Application and your Account Information.
In no event and under no circumstances shall Project Happiness be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website/ Application, theft of your Account Information, your use of the Account Information or your release of the Account Information to a third party or your authorization to allow another person to access and use the Website/ Application using your Account.
You understand that once you register as a user on the website, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from Project Happiness on your registered mobile number and you may receive e-mails on your registered e-mail address. These messages, e-mails and calls could relate to your registration, transactions that you carry out through the Website/ Application and promotions that are undertaken by Project Happiness. You, hereby, by way of accepting these Terms consent to the receipt of such communication from Project Happiness.
You agree to, (i) immediately notify Project Happiness of any misappropriation or unauthorized use of your Account Information or any other breach of security; and (ii) ensure that you exit from the Account at the end of each session. Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause. You may be held liable for losses incurred by Project Happiness or any user or visitor of the Website/ Application due to authorised or unauthorised use of your Account, as a result of your failure in keeping your Account Information confidential.
You shall not use anyone else’s account at any time while accessing the Website/ Application, unless permitted by written communication
If you have to create an Account on the Website/ Application, you, as an registered user, are permitted to make purchases on the Website/ Application, you shall be required to provide Project Happiness with accurate and complete details of your e-mail address, mobile number and shipping address. You understand that, Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
You may also otherwise use the Website/ Application by, including but not limited to, posting queries on the Website/ Application or seeking online consultation, for which you shall be required to provide accurate and complete details of all information as may be required by Project Happiness. Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
You understand that once you use the Package, option or otherwise provide information for using the services on the Website/ Application, you may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, and phone calls from Project Happiness on your mobile number and you may receive e-mails on your e-mail address. These messages, e-mails and calls could relate to your transactions that you carry out through the Website/ Application and promotions that are undertaken by Project Happiness. You, hereby, by way of accepting these Terms consent to the receipt of such communication from Project Happiness.

Services Offered on the Website/ Application
Project Happiness, through the Website/ Application, simply acts as a platform for selling the Products offered to you on the Website/ Application including but not limited to complete Programme for your need. Pre-recorded guided sessions is based on MBCT approach of counselling. Project Happiness does not have any control and does not determine or advise or in any way involve itself in the manufacturing of the Products. It is further clarified that Project Happiness only sources such Products from other third-party manufacturers from time to time. Under no circumstance does Project Happiness claim to manufacture the Products offered for sale on the Website/ Application or provide any warranty in relation to such Products, and any claims in relation to the unsatisfactory performance of the Products or the like should be channelled to such third party manufacturers, whose details Project Happiness may provide to you as it may deem fit.
Project Happiness provides a number of services through the Website/ Application, as enumerated in detail below.

Purchase of Products
This service enables you to purchase Products from Project Happiness directly through the Website/ Application from time to time. It shall be your sole responsibility to ensure that the Products so purchased are personally consumed by you, and not by any third party, except in cases of purchases made, on behalf of a minor, by the minor’s legal guardian or parents on the Website/ Application. It is clarified that Products may not be purchased by any entity, not being a natural person, under any circumstance whatsoever. Project Happiness reserves the right to terminate any person’s membership/ account and/or refuse to provide such person with access to the Website/ Application and/or cancel any orders so placed, if it is brought to Project Happiness’s notice or if it is discovered that such person is not eligible to purchase the Products in accordance with this Clause. You hereby agree that Project Happiness shall in such a scenario have the right to cancel your order placed and refund the payment made by you at the time of purchase of the Product in accordance with the refund policy, at its sole discretion. Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
The Products can be purchased on the Website/ Application through various methods of payments offered. The sale/purchase of Products shall be additionally governed by the returns/exchange policy, refund policy and cancellation policy, as contained in these Terms.
To help you understand which Products to purchase from Project Happiness on the Website/ Application, you may go the Website/ Application.
Project Happiness recommends that you do not consume the Products so purchased without such consultation. Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
Project Happiness facilitate you to consult expert Doctors on Panel by paying their consultation fees through online or offline whenever required. Project Happiness will further provide you with contact details of Doctors on panel as and when required. It is further clarified that in case any complication arise due to side effect or contraindication or otherwise, Project Happiness will not be responsible for same.
It is clarified that after your purchase of product, under any circumstance whatsoever, constitute a professional relationship between you and Project Happiness. It is further clarified that the information on the Website/ Application is not a substitute for professional medical advice or treatment for specific medical conditions. The information provided on the Website/ Application is for general informational purposes only and the Website/ Application is not intended to provide diagnosis, treatment cure or any other medical advice.

Project Happiness recommends that you do not make any medical decisions on your own, and you always seek advice from qualified healthcare professionals for any questions you may have about your medical condition. You acknowledge and understand that Project Happiness has no means to ascertain your medical condition or if the Products you have purchased from the Website/ Application will be compatible with your body constitution, pre-medical history and/or any other medicines consumed by you. Project Happiness cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

Project Happiness does not at any time make any claims or representations that consumption of the Products will cure or provide permanent solutions to any of your Smoking/Tobacco Addiction or specific medical conditions in any manner whatsoever.

Project Happiness is not at all liable for any complication or contraindication through availing any of the service.

Project Happiness advice you to consult our doctor if under some other medication prior to use of services.

Project Happiness pre-recorded guided sessions is purely based on counselling subject to MBCT approach and require your active participation to get the desired results.

The provision of services on the Website/ Application may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Project Happiness strives to keep the Website/ Application up and running; however, all online services suffer occasional disruptions and outages, and Project Happiness isn’t liable for any disruption or loss you may suffer as a result.

Project Happiness may discontinue some or all of the services provided on the Website/ Application, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

Payment Facility  
1. The Website/ Application permits payment via. various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards and internet banking.  
2. While availing any of the payment method/s available on the Website/ Application, Project Happiness will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:  
-i) Lack of authorization for any transaction(s), or  
-ii) Exceeding the preset limit mutually agreed by you and between bank/s, or  
-iii) Any payment issues arising out of the transaction, or  
-iv) Rejection of transaction for any other reason(s) whatsoever.
3. All payments made against the purchases on Website/ Application by you shall be compulsorily in Indian Rupees. Project Happiness will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website/ Application.  
4. At the time of delivering your order, Project Happiness may request you to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing you with a safe online shopping environment.  
5. You acknowledge that Project Happiness will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond control of Project Happiness.  

Shipping  

1. Project Happiness reserves the right to accept or reject an order placed on the Website/ Application in part or in full. Project Happiness will notify you of its acceptance of the order on your email address (provided at the time of registration or purchase), as soon as possible by confirming receipt of your order and dispatch of the same. All decisions in relation to the acceptance or rejection made by Project Happiness shall be final and binding. You agree not to challenge such decision in any manner whatsoever.  
2. As soon as an order is dispatched, Project Happiness shall send a shipping confirmation through it’s shipping partner and contact you via. e-mail , Project Happiness will send  delivery details on your email. You, as a registered user, can track the order using the tracking ID you received in your Email Id and can also track the order by visiting the ‘Order History’ page under the Account.
3. Once the order has been placed, you agree and acknowledge that you cannot modify the order. It is however clarified that you may amend the shipping address by notifying Project Happiness in writing any time before the order has been packed for dispatch. The standard timeline for delivery of orders placed on the Website/ Application across India is 10 (Ten) business days.  
4. Notwithstanding anything to the contrary contained hereinabove, during high season and sale, shipping of products may take a little longer.  

Use of the Website/ Application
You agree, undertake and covenant that, during the use of the Website/ Application, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
belongs to another person or entity and to which you do not have any right.
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another person's privacy, hateful or racially or ethnically objectionable, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
is misleading in any way.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses.
tries to gain unauthorized access or exceeds the scope of authorized access to the Website/ Application or to profiles, blogs, communities, account information, bulletins, or other areas of the Website/ Application or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Website/ Application.
engages in commercial activities without Project Happiness’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.
interferes with another user’s use of the Website/ Application.
refers to any Website/ Application or URL that, in Project Happiness’s sole discretion, contains material that is inappropriate for the Website/ Application or any other Website/ Application, contains content that would be prohibited or violates the letter or spirit of these Terms.
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.
You agree and acknowledge that you shall not use the Website/ Application for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website/ Application. You further agree and acknowledge that you shall use the Products and/or any other services purchased on the Website/ Application only for your personal use and not for business purposes.
Project Happiness shall have the right, but not the obligation, to monitor access to or use of the Website/ Application to ensure your compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.
You will adhere to the dress code; you agree that you will not indulge in loose talk with counsellor and you also agree not to leak any data.
You are deemed to give consent to record the call audio and video for the purpose of quality and legal purpose.
You agree that you will talk with counsellor in relation with your smoking/tobacco habit and related issues only not otherwise.
Smotect Quit Smoking Natural may help in success rate of > 95% towards reducing/quitting, and claims by us are based on clinical data. (This means either smoking habit reduced or quitted, this is based on results of Clinical trial)
The result is dependent on your active participation in all programmes including but not limited to lifestyle modifications as recommended in the guided sessions.

Representations
You hereby represent and warrant that you have validly entered into these Terms and have the legal power to do so. You further represent and warrant that you shall be solely responsible for the due compliance with these Terms.

Limitation of Liability
In no event shall Project Happiness, its directors, employees or agents, be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website/ application; (iii) unauthorized access to or use of the secure servers and/or any and all personal and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the website/ application; (v) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website/ application by any third party; and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website/ application, whether based on warranty, contract, tort, or any other legal theory, and whether or not Project Happiness is advised of the possibility of such damages. subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Project Happiness vis-à-vis any user of the website/ application, regardless of the form of claim, shall be limited to the aggregate of transaction amount paid by the user to Project Happiness. the foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.

Disclaimer of Warranties
The website/ application and all information, content, materials and services included on or otherwise made available to you through the website/ application (collectively, the "materials") are provided by Project Happiness on an "as is," "as available" basis, without representations or warranties of any kind. Project Happiness makes no representations or warranties of any kind, express or implied, as to the operation of the website/ application, the accuracy or completeness of the materials and the accuracy of the information. Project Happiness shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, document or information. you expressly agree that the use of the website/ application is at your sole risk. Project Happiness will not be liable for any damages of any kind arising from the use of the website/ application or the materials including, without limitation, direct, indirect, consequential, punitive, and consequential damages, unless otherwise specified in writing. to the full extent permitted by law, Project Happiness disclaims any and all representations and warranties with respect to the website/ application and its materials, whether express or implied, including, without limitation, warranties of title, merchantability, and fitness for a particular purpose or use.

Indemnification
You shall indemnify and hold harmless Project Happiness, its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

Intellectual Property Rights
The Website/ Application and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”)on the Website/ Application is owned and controlled by Project Happiness or its manufacturers or suppliers and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
Through your use of the Website/ Application, by no means are any rights impliedly or expressly granted to you in respect of such Content. Project Happiness reserves the right to change or modify the Content from time to time at its sole discretion.
The trademarks, logos and service marks displayed on the Website/ Application ("Marks") are the property of Project Happiness or its vendors or manufacturers or respective third parties. You are not permitted to use the Marks without the prior consent of Project Happiness, the vendor or the manufacturer or the third party that may own the Marks.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Project Happiness owns all intellectual property rights to and into the trademark “Project Happiness”, and the Website/ Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Project Happiness or thirty party owner of such Content. You may download material from the Website/ Application only for your own personal use and for no commercial purposes whatsoever.
Any infringement shall lead to appropriate legal proceedings against you at appropriate forum for seeking all available remedies under applicable laws of India.

Termination of Access to your Account
The Account can be terminated at any time by:

You; by ceasing to use the Website/ Application.Project Happiness; in its sole discretion for any reason or no reason including your violation of these Terms or lack of use of the Website/ Application. You acknowledge that the termination of services may be affected without any prior notice, and Project Happiness may immediately deactivate or delete your Account and all related information and/or bar any further access to your Account or the Website/ Application. Further, you agree that Project Happiness shall not be liable for any discontinuation or termination of services by any third party.The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

Governing Law and Dispute Resolution
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, Maharashtra, India.

Assignment
It is expressly agreed by the parties that Project Happiness may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to you, except to the extent provided by law.

Grievance Redressal Mechanism
In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Contact Details are provided below:
Address: 275/2184, Motilal Nagar 1, Opp. Vibgyor School, Goregaon West, Mumbai - 400104. Maharashtra. India
Ph. No: +91-9808188188
E-mail: support@smotect.com
If you wish to make a complaint regarding any violation of the provisions of these Terms, you may send a written complaint to the Grievance Officer, who shall redress the complaint in accordance with the provisions of the Information Technology Act, 2000 and Rules made thereunder.

How to Contact Us
If you have questions or concerns about these Terms, please contact Project Happiness at support@smotect.com