Terms & Condition, Cancellation and Refund policy

Terms & Conditions:


  1. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of mdsmartadvisory.com
  3. The domain name www.mdsmartadvisory.com "Website", is owned and operated by MDSmart Advisory Private Limited “Company” a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office registered office is No:8, 1st floor, K.G Street, Dhanalakshmi Colony, Vadapalani, Chennai, Tamil Nadu, India – 600026, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  4. For the purpose of these terms and conditions the term “we”, “us”, “our” used anywhere on this page shall mean “MDSmart advisory Private Limited” Whose registered office is No:8, 1st floor, K.G Street, Dhanalakshmi Colony, Vadapalani, Chennai, Tamil Nadu, India – 600026.
  5. And the term “you”, “your”, “user”, “visitor” shall mean any natural or legal person who is visiting our website and are agreed to purchase from us, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
  6. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires
  7. The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  8. The use of the Website by the User is solely governed by this Policy as well as the Terms of Use of the Website (“Terms”, available at www.mdsmartadvisory.com), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other.
  9. The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
  10. The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.


PRIVACY POLICY:


  1. The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website to make its users’ experiences safer and easier.
  2. The User is aware that the Company/Website may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Website, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Company/Website to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
  3. If the User chooses to purchase products / services from the Website, the User consents to allowing the Company/Website to collect information about the User’s buying behaviour and trends.
  4. I agree and consent to receive all communications at the mobile number provided, even if this mobile number is registered under DND/NCPR list under TRAI regulations. And for that purpose, I further authorize the Company to share/disclose the information to any third-party service provider or any affiliates, group companies, their authorized agents or third-party service providers.
  5. If the User chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
  6. The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Website, etc., may be collected and complied by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
  7. The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities (such as placing an order) require the User to provide valid personal information to the Company/Website for the purpose of registration. The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
  8. The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this data to is used to customise the Website for the benefit of the User, and providing all users of the Website with products/services/content that the Company/Website believes they might be interested in availing of, and also to display content according to the User’s preferences.
  9. The User is further aware that the Company/Website may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Website, and also reviews for the various sellers listing their products/services on the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Company/Website remove sellers whose products are unsatisfactory in any way, and the User hereby expressly authorises the Company/Website to publish any and all reviews written by the User on the Website, along with the User’s name and certain contact details, for the benefit and use of other Users of the Website.
  10. Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Company to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
  11. As you access and use our services, we collect certain information from you, including but not limited to, phone number, email address, device make-details, and IP address. By accessing and using our services, you expressly consent to the sharing and disclosure of your information so collected, with our third-party service providers, business partners, and agents. For example, your information may be shared with third-party services i.e. payment gateway service providers to ensure fraud prevention and Pay Later check out experience. Please refer to the third-party privacy policy for more details.


COOKIES:


  1. The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookiesare useful for enabling the browser to remember information specific to a given user, including but not limited to a user’s login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the User’s computer's hard drive and web browser, and does hereby expressly consent to the same.
  2. The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website
  3. Additionally, the User is aware that he/she might encounter cookies or other similar devices on certain pages of the Website that are placed by third parties or affiliates of the Company/Website. The User expressly agrees and acknowledges that the Company/Website does not control the use of such cookies/other devices by third parties, that the Company/Website is in no way responsible for the same, and that the User assumes any and all risks in this regard.


DIVULGING/SHARING OF PERSONAL INFORMATION:


  1. The User is aware that the Website/Company may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
  2. The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
  3. The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.


SECURITY:


Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.



THIRD PARTY ADVERTISEMENTS / PROMOTIONS:


The User is aware that the Company/Website uses third-party advertising companies to serve ads to the users of the Website. The User is aware that these companies may use information relating to the User’s visits to the Website and other websites in order to provide customised advertisements to the User. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.



USER’S CONSENT:


By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User’s consent the Company/Website sharing/divulging the User’s information, as per the terms contained hereinabove in Section 4 of the Policy.



GRIEVANCE OFFICER:


In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below: Mr. Gokul Dhanasekar - Support@mdsmartadvisory.com



DISPUTE RESOLUTION AND JURISDICTION:


It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.


  1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow.
  2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Chennai in the state of Tamil Nadu, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Chennai, Tamil Nadu, shall have exclusive jurisdiction over any disputes arising between the Parties.



RESPONSIBLE USE AND CONDUCT:


  1. The content of the page of this website is subject to change without notice.Neither we nor any third parties provide any warranty or guarantee has to the accurate timelines, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Your knowledge that such information materials my content inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  2. Your use of any information or materials on our website and/or product pages is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any Business or Services or information available through our website and/or product pages meet your specific requirements.


TRADEMARK& COPY RIGHTS:


  1. Our website contains materials which is Owned by or licenced to us. This material includes, but are not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice which forms part of these terms and condition. All trademark reproduced in our website which are not the property of, or licence to, the operator is acknowledged on the website
  2. Unauthorized use of information provided by us shall give rise to claim for damages and/or be a criminal offence.From time to time our website may also include links to other websites. These links are provided for your convenience to provide further information.
  3. You may not create a link to our website from another website or document without MDSmart Advisory Private Limited’s prior written consent. Any dispute arising out of use of our website and/or purchase with us and/or any engagement with us is subject to the laws of India.
  4. We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the card holder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.


CANCELLATION AND REFUND POLICY:


  1. MDSmart Advisory Private Limited believe in helping its customers as for as possible and as there for a liberal cancellation policy under this policy.Cancellation will be considered only if the request is made within 2 to 3 days of placing the order.
  2. We strive to ensure that the services you avail through our website are to your full satisfaction, and are the best in the industry at extremely reasonable and affordable rates.
  3. However, there may arise situations when you desire a refund. Firstly, when you pay for the services but later on decide that you do not wish to avail them. Secondly, when there is a delay in the services offered from our side, beyond the time frame we have intimated to you, due to human error i.e., factors for which we are solely responsible. Thirdly, although we highly doubt it, you might find our services unsatisfactory. In all three situations, kindly send in an e-mail to on the Ticket that has been created in your name, making a copy to support@mdsmartadvisory.com We would like to clarify that only refunds of the professional fees component of the charges paid by you shall be considered for a refund.
  4. Upon receiving your mail, the Senior Management at MDSmart Advisory Private Limited shall decide on whether your request for a refund should be processed, contingent on the reasons for such a request. Please note that we reserve the right to take the final and binding decision with regard to requests for refund.
  5. Most importantly, we wish to clarify that in cases outside our control, including but not limited to national holidays, department holidays, delays on the part of the Government of India, the respective State Governments, Our affiliates or elsewhere, acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, power disruption, lack of phone network connectivity, technical failures, breakage of sea cable, hacking, piracy, we shall not liable for any delays.
  6. If we confirm your request for refund, subject to the terms and conditions mentioned herein or elsewhere, we will send you an e-mail seeking the details required to refund the amount which may include your Bank Account details such as the account number and the IFSC code of the branch in question. Kindly note that it will take us a minimum of about 48-72 working hours from the receipt of all such information to process the refund and initiate the transfer.
  7. We reiterate once again that only the professional fees paid for our services shall be refunded, subject to the discretion of the Senior Management at MDSmart Advisory Private Limited.

We assure you that we are continuously working to improve our services and are we are welcome to any suggestions from your end. For any other queries please contact out customer support desk/contact us at mdsmartadvisory.com.
We appreciate your interest and support and we welcome you to our community!