Last updated March 16, 2023
Next Smart Solutions Private Limited (“Company”) is the owner of the domain [‘www.rusehome.com] (“Website”) and the [Rusé] mobile application (“Application”).The Company offers this Platform (defined below), including all content, information, tools and services available from this Platform to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.It is strongly recommended that you read and understand these Terms of Use carefully, as by accessing the Platform, you agree to be bound by the same and acknowledge that it constitutes a binding agreement between you and the Company. If you do not agree to the Terms of Use, you should not use or access the Platform for any purpose whatsoever. The Terms of Use may be updated from time to time by the Company. The Company reserves the right to unilaterally update, change or replace any part of these Terms of Use by posting updates or changes to the Platform. It is the responsibility of the Users to check this page periodically for changes. The Users continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes. It is therefore recommended that you review the Terms of Use, as available on the Platform, each time you access and/ or use the Platform.
1. DEFINITIONS
“Buyer” shall mean and include any legal person, entity or users, who desires to purchase Products, using the Platform.
“Product(s)” shall mean smart home appliance, device or items listed on the Platform for sale.
“Platform” shall mean the Website and Application, as the context may permit.
“Services” shall mean the services through the Platform, where a User can purchase any predefined package consisting of smart home electrical appliances, offered in various ranges by purchasing the plans offered by the Company by consenting to pay the price, as per the plan chosen by the User.
“User/user”, “You/you”, “Your/your” means any natural or legal person who visits, browses, accesses or uses the Platform.
“Use” or “Using” means to browse, access, view, avail services or other benefits from using the Platform.
“We”, “Company”, “us” and “our” means Next Smart Solutions Private Limited and its affiliates, officers, employees, agents, partners and licensors.
2. ACCOUNT AND REGISTRATION OBLIGATIONS
Users can only utilise the Services by creating an account. By registering for an account on the Platform, or availing the Services, Users automatically become members and agree to the Terms of Use. The membership is limited to the purpose and is subject to the acceptance of and adherence with the Terms of Use by the Users. So long as the Users abide by and accept the Terms of Use, the Company grants the Users a non-transferrable, limited, non-exclusive and revocable privilege to register and use the Platform and avail the Services.
The Users agree to provide accurate, current and complete information during the registration represents and warrants that they have not impersonated any person or entity or otherwise mispresented their identity, age or affiliation to any person or entity.
If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your personal device to prevent unauthorised access to your account.
You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have reasons to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You can access and update much of the information you provide through your account. You agree and acknowledge that you will use your account on the Platform to purchase Products only for personal use and not for business purposes. The Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
As part of the registration process on the Platform, we may collect the following personally identifiable information about you: name including first and/or last name, email address, mobile phone number, contact details, demographic profile (like your age, gender etc.) and information about the pages on the Platform you visit and access, the links you click on the Platform, the number of times you access the page and any such browsing information.
Further the Company may allow the Users to register and log into their accounts through third party accounts such as Facebook or Google.
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company.
3. ACCESS TO THE PLATFORM
We will do our utmost to ensure the availability of the Platform is uninterrupted and that the transmission is error-free. However due to the nature of the internet this cannot be guaranteed.
Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of the new facilities or services at any time without prior notice.
The Company reserves the right to suspend or terminate the account or access to the Platform permanently: (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; or (ii) if the Users are found to be non- compliant with the Terms of Use
4. ELIGIBILITY
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent etc. are not eligible to use/access the Platform.
However, if you are a minor i.e. under the age of 18 (eighteen) years, you may access the Platform under the supervision of an adult parent or legal guardian who agrees to be bound by the Terms of Use. You are however prohibited from purchasing any Product(s) which is for adult consumption, the sale of which to minors is prohibited.
Each User represents that they are competent to contract in terms of the Indian Contract Act, 1872 and has not been disqualified or whose account has not been previously suspended or removed by the Company from the Platform. Each User also represents and warrants that the Users have the right, authority and capacity to be bound the Terms of Use.
The Company, in its sole discretion and without any liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Platform, if:
i. it is discovered or brought to the notice to you do not conform to the eligibility criteria; or
ii. Company has reasons to believe (including through evaluation usage patterns) that the eligibility criteria is not met; or
iii. there is a breach the terms of the Terms of Use.
5. LICENSE & SITE ACCESS
The Company grants you a limited, non-transferable, license to access and make personal use of the Platform and not to download (other than page caching) or modify it, or any portions of it, except with written consent of the Company.
The license does not include any right to resale or right to make commercial use of this Platform or its contents including but not limited to:
i. any collection and use of any Product listings, descriptions, or prices;
ii. any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of another merchant;
iii. or any use of data mining, robots, or similar data gathering and extraction tools.
This Application or any portion of the same may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Platform’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license to use the Platform.
You shall not attempt to gain unauthorised access to any portion or feature of the Platform or any systems or networks connected to the Company, by hacking, crawling, scraping, ‘password-mining’, or any other means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which you do not have any right;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii. harms minors in any way;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
vi. impersonates another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
ix. is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or license granted by the Company.
6. DATA OWNERSHIP AND INTELLECTUAL PROPERTY CLAIMS
All the content included in this Platform including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company and its affiliates and is protected by laws of India. All software used in this Platform is the property of the Company, its affiliates and is protected by India’s copyright laws.
You may not extract/ or re-utilise parts of the contents of the Platform without the Company’s written consent.
The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at the Contacting Us section mentioned below.
7. PRICING AND PRODUCT DESCRIPTION
We do not warrant that product description or other content of the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
The Company does not make any representation or warranty as to specifics of the images displayed on the Platform and the images have no bearing on the quality of the products displayed. The Users shall take no inference based on the picturisation of the products offered. The price indications on the Platform may vary due to some technical issue, typographical error or difference in product information and the Company shall not be responsible for the changed prices during the transaction. The terms and conditions of delivery, payment, etc. shall be governed by the plan opted by the User. Should any User of this Platform send any feedback or data, such as ideas, comments, suggestions or questions regarding any Company product or service or the content of this Website, such information shall be deemed to be non-confidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you.
8. PAYMENT
You as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with the Company to purchase the Products from the Company using the payment facility, and you shall pay the transaction price through your issuing bank to the Company or through any other medium acceptable to the Company.
Once the payment is completed, a voucher will be generated and could be send to ultimate consumer.
Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
Company may delay notifying the payment confirmation if the Company deems suspicious.
You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and payment gateway networks. Further, by providing this payment facility, the Company or its service providers are neither acting as trustees nor acting in a fiduciary capacity with respect to the payment.
The Buyer acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.
9. CANCELLATIONS
If the order is cancelled after payment has been charged and eligible for a refund of the plan, refund will be credited back to the account of User through any of the banking channels.
Order cannot be cancelled if the products have been dispatched by the company.
Once received, user can avail refunds under the refunds and return policy.
10. REFUNDS AND RETURN POLICIES
Refund and return requests must include the name of the registered User.
Any returns will be credited back to the account of User through any of the banking channels after successful checking of the product’s working and once received by the company.
Refunds and returns are issued only under the following circumstances:
In case of any manufacturing defect in the smart home electrical appliances.
If the order is cancelled after payment has been charged and eligible for a refund of the plan
11. DELIVERY POLICY
Currently we deliver free of charge to any point within Bengaluru, Mumbai, Pune, Delhi, Gurugram, Noida and Hyderabad. However, delivery charges may be charged in certain cases at the discretion of the Company.
Delivery of products would be done as per the lead time committed and users can check the delivery status of their order on the Platform.
The smart home electrical appliances are delivered and set up by company’s in-house team and there are no delivery charges and set up costs.
There are no maximum number of delivery attempts. The User is contacted repeatedly, and attempts are made till delivery is completed. It is in the best interests of the User to avail of delivery in the first two attempts, as delivery to other Users would have to take precedence if the first two delivery attempts are missed by the User.
During time of delivery, the User is requested to check and verify the quality and details of each product being set up. This is to ensure that the User receives exactly what has been ordered to their satisfaction.
12. PICK-UP POLICY
User shall give at least 7 days prior notice to the Company regarding their intention to get the products picked up. The pickup is done free of charge from the point of original invoice address.
13. LINK TO THIRD PARTY
References on this Platform to any names, marks, Products or services of third parties or hypertext links to third party sites or information are provided solely for your convenience and such references do not in any way constitute or imply the Platform’s endorsement, sponsorship or recommendation of the third party information, product or service.
Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to visit the link to any such third party websites, you do so entirely at your own risk.
14. INFORMATION
User shall give at least 7 days prior notice to the Company regarding their intention to get the products picked up. The pickup is done free of charge from the point of original invoice address.
15. OBJECTIONABLE MATERIAL
You understand by using this Platform or any services provided on this Platform, you may encounter content which may be deemed to be offensive, indecent, or objectionable, which content may or may not be identified as such.
Please notify us immediately by writing to us at the address provided in the Contacting Us section mentioned below if you come across any objectionable content. Once this procedure has been followed, Company will make reasonable endeavoursto remove such objectionable content complained about within a reasonable time.
16. INDEMNIFICATION
User shall give at least 7 days prior notice to the Company regarding their intention to get the products picked up. The pickup is done free of charge from the point of original invoice address.
17. LIMITATION OF LIABILITY
The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event exceed the price of the Product charged from a User for purchases made pursuant to an Order under which such liability has arisen or has been established.
The Company shall not be liable for any illness or injury suffered by a Buyer, arising out of consumption/usage of a Product. The Company is merely providing the Platform and selling the Product(s) of the manufacturer/producer and thus any liability with When you visit the Platform you are communicating with us electronically. You will be required to provide a valid phone number while placing the order with us. We may communicate either by e-mail, SMS, phone call or by any other modes of communication.For contractual purposes, you have consented to receive communication from us with respect to your use of the Platform.
18. EVENTS BEYOND OUR REASONABLE CONTROL
We will not be responsible for any delay or failure to comply with any obligations under these Terms of Use, if the delay or failure arises from any cause which is beyond our reasonable control.
19. WAIVER
If you breach these conditions and we take no action it shall not be construed as a waiver and we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be construed in accordance with the applicable laws of India. Any dispute or difference related to these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Bangalore.
21. CHANGE
We reserve at our sole discretion to change, modify, add or remove portions of these Terms of Use, at any time without prior notice to you.
22. DISCLAIMER
The Company, its affiliates, officers, employees, agents, partners make no representation and warranty of any kind, express or implied, including but not limited to (i) any representation or warranty as to the specifics (such as quality, value, etc.) of the Product(s) sold or proposed to be sold on the Platform. (ii) any expectation of the Users with respect to the Products. (iii) any representation or warranty related to provision of uninterrupted, timely, secure, accurate or error-free services.
Further you acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and you are using the best and prudent judgement before entering into transactions through the Platform. You further acknowledge and undertake that you will use the Platform to order Product(s) for your personal use and not for business purposes.
Information regarding the Product(s), pricing, content, may be incorrectly reflected on the Platform due to some technical issue, typographical errors or Product information. In such an event the Company may cancel the Order placed by the Buyer.
Company may allow third parties to list their Product(s) on the Platform. Any liability arising in this case shall rest with the third parties and not the Company.
The Users may be able to avail certain services through the Platform which are provided by third parties, and such services shall be governed by such third party’s terms and conditions. Any liability arising in this case shall rest with such third parties and not the Company.
23. CONTACTING US
We can address any questions, comments and concerns about our practice with regards to the Terms of Use and for this purpose we are appointing a grievance officer. For any query User can mail us at [support@rusehome.com]
