In no event shall S-Mart management and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the S-Mart sites, with the delay or inability to use the S-Mart site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the S-Mart site, or otherwise arising out of the use of the S-Mart sites, whether based on contract, tort, negligence, strict liability or otherwise, even if the management of S-Mart or any of its suppliers has been advised of the possibility of damages. S-Mart does not endorse in anyway any advertisers/ contents of advertisers on its web pages. It is recommended that visitors verify the accuracy of all such information on their own initiative before undertaking action based on reliance on the information. The management of S-Mart shall not be responsible nor liable for any consequential damages arising on account of reliance on the contents of the advertisement.
This agreement is governed by the laws of the Republic of India. Visitors to this site hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mandya, Karnataka, India in all disputes arising out of or relating to the use of the S-Mart site. Use of the S-Mart sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Visitors agree to indemnify and hold S-Mart, its subsidiaries, affiliates, officers and employees, unharmed from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of use of or conduct on the S-Mart site. S-Mart reserves the right to disclose any personal information about any user or their use of the S-Mart site, including its contents, without your prior permission if S-Mart has a good faith belief that such action is necessary to:
Conform to legal requirements or comply with legal process;
Protect and defend the rights or property of S-Mart or its affiliated companies;
Enforce the terms or use; or
Act to protect the interests of its members or others.
S-Mart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of S-Mart’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the S-Mart sites or information provided to or gathered by the management of S-Mart with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and S-Mart with respect to the S-Mart site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and S-Mart with respect to the S-Mart site.