Introduction

Welcome to www.partysmarty.in ("Website"), an Internet-based content and e-commerce portal operated by PARTY SMARTY, a firm incorporated under the laws of India. These terms and conditions ("Terms") govern your use of our services. By subscribing to or using any of our services, you agree that you have read, understood, and are bound by the Terms.

User Definitions

• "You" or "User": End user accessing the Website and using the Services.
  
• "Service Providers": Independent third-party service providers.
  
• "We", "Us", and "Our": PARTY SMARTY, its franchisor, affiliates, and partners.

Acceptance of Terms

Your use of the Website is conditioned on your acceptance of all the terms, conditions, and notices contained in these Terms, as may be updated on the Website from time to time. partysmarty.in reserves the right to refuse registration or access to any User at its sole discretion.

User Account, Password, and Security

• You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
  
• You agree to:
  

1. Immediately notify partysmarty.in of any unauthorized use of your password or account or any other breach of security.
   
2. Ensure that you exit from your account at the end of each session. partysmarty.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Services Offered

www.partysmarty.in provides various Internet-based services enabling users to purchase original PARTY SMARTY merchandise and partner products. Upon placing an order, partysmarty.in will ship the product to you and is entitled to payment for the Services.

Privacy Policy

By using the Website, you consent to the collection and use of your information as outlined in our Privacy Policy. You agree that you have read and understood the Privacy Policy, and that its terms are acceptable to you.

Limited User

Users agree not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content is permitted provided that Party Smarty’s name is stated as the source and prior written permission is obtained.

User Conduct and Rules

You agree to use the Website and the Service only to post and upload appropriate messages and material. You agree that when using a Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content.
  
• Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights or have received all necessary consents.
  
• Upload or distribute files that contain viruses or any other harmful software.
  
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  
• Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  
• Falsify or delete any author attributions, legal notices, or proprietary designations.
  
• Violate any applicable laws or regulations.
  
• Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website.

User Warranty and Representation

You guarantee, warrant, and certify that you are the owner of the content you submit or are otherwise authorized to use the content. The content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that no action, suit, proceeding, or investigation has been instituted or threatened relating to any content.

Exactness Not Guaranteed

partysmarty.in disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the user. Variations may occur due to limitations caused by availability of product as shown on the Website.

Color Output

Please note that colors vary from screen to screen, and most computer monitors will differ from the actual printed output. Party Smarty is not responsible for color variations and will not provide refunds or design revisions if colors do not match your expectations. Request a proof of colors before ordering if color matches are important to you.

Intellectual Property Rights

Unless otherwise indicated, partysmarty.in owns all Intellectual Property Rights to and into the Website, including any rights, title, and interest in copyright, patents, trademarks, trade names, service marks, designs, trade secrets, and inventions. You agree not to use, reproduce, or distribute any content from the Website without obtaining authorization from partysmarty.in.

Links to Third-Party Sites

The Website may contain links to other websites ("Linked Sites"). partysmarty.in is not responsible for the contents of any Linked Site or any changes or updates to such sites. The inclusion of any link does not imply endorsement by partysmarty.in.

Disclaimer of Warranties/Limitation of Liability

partysmarty.in endeavors to ensure that all information on the Website is correct but does not warrant the quality, accuracy, or completeness of any data, product, or Service. partysmarty.in is not liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages resulting from the use or the inability to use the Services.

Indemnification

You agree to indemnify, defend, and hold harmless partysmarty.in from any and all losses, liabilities, claims, damages, costs, and expenses arising from your use of the Website or Services.

Pricing

Prices for products are described on our Website and are in Indian rupees. Prices, products, and Services may change at partysmarty.in’s discretion.

Shipping

Title and risk of loss for all products ordered by you shall pass on to you upon partysmarty.in's shipment to the shipping carrier.

Termination

partysmarty.in may suspend or terminate your use of the Website or any Service if you breach any of the Terms. If terminated, partysmarty.in may delete any content or other materials relating to your use of the Service and will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law

These terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles. Disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Nagpur.

Report Abuse

Users are solely responsible for every material or content uploaded on the Website. partysmarty.in does not review the content before it appears on the Website and does not verify, endorse, or vouch for it. Users can be held legally liable for their content. If you come across any abuse or violation of these Terms, please report it to support@partysmarty.in.

Unauthorized Charges on Your Card

If you see charges on your credit/debit card for purchases made on partysmarty.in but did not create an account or sign up, please check with family members or business colleagues authorized to make purchases on your behalf. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable us to begin an investigation.

Cancellation of Fraudulent Orders

To provide a safe shopping experience, partysmarty.in monitors transactions for fraudulent activity. partysmarty.in reserves the right to cancel all past, pending, and future orders without liability in the event of suspicious activity. We may also refuse or cancel orders due to inaccuracies in pricing or stock unavailability. If your order is canceled after your card has been charged, the said amount will be reversed to your card account.

Mispricings

Despite our best efforts, a small number of items in our catalog may be mispriced. Prices are verified as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If an item's correct price is higher, we will cancel your order and notify you of the cancellation.

Disclaimer

It is the customer's responsibility to log in earlier to avail better products or styles, as partysmarty.in sales are "first come, first served." Merchandise is not restocked once sold out. No information regarding the presence of any product in our stock will be guaranteed, and we will alert you only when an item is sold out. The terms and conditions for contests shall be separately available on the Site. In the event of any conflict between these Terms and the contest terms and conditions, the latter shall prevail.

We shall not be liable for any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.