Terms and Conditions

Last updated: August 25, 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://smworld.co.in website (the “Service”) operated by Sculpted Memories (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Sculpted Memories and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Sculpted Memories.

Sculpted Memories has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Sculpted Memories shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Privacy Policy:

  1. Information shared by the customer at registration shall, under normal circumstances, only be used for the purposes of identity and address verification.
  2. Registration information shall not be shared with any other agencies or business partners for any purpose except in cases of default.
  3. In cases of default, this information may be used for the recovery of equipment or dues and may be shared with private investigators and debt collection agencies.

Modification of Reservations (In Rentals) :

  1. Reservations will be cancelled / modified only by email from the customer’s registered email ID. No verbal cancellations or modifications will be actioned. The date of receipt of the email shall be treated as the date of intimation of cancellation.
  2. Reservations can be cancelled wholly or partly upto 7 days before the pickup date of the original rental period without any charges. Reservations cancelled within 7 days from the pickup date will be liable for 50% of the total rent as cancellation charges.
  3. In the case of no-shows or cancellations on the day of pickup, the full rent will be charged even if the items are not picked up by the customer.
  4. Rentals can only be extended after our formal confirmation. Such extensions shall be charged at the rate of 15% of the per-day rent for each hour of extension beyond the return time. Extensions without our explicit confirmation shall be treated as unauthorised extensions and penalised accordingly.
  5. It is the customer’s responsibility to inform us immediately of any potential delays in the return. Failure to do so will result in the extension being treated as an unauthorised extension.
  6. Any unauthorised extension shall be treated as a new rental and charged at 1.5 times the normal applicable rental rate. Unauthorised extensions may, at our sole discretion, be treated as default and will be sufficient cause to initiate recovery proceedings.

Renting:

  1. It is the customer’s responsibility to inspect the items at the time of pickup and return them to us in the same condition at the end of the rental period along with all accompanying accessories, packaging, filters, hoods, etc. Failure to return accompanying items will result in 50% rent being charged till the time all pending items are returned.
  2. If accessories, packaging, etc provided with the rented item are missing, the customer shall be liable for the replacement cost of the missing item and / or a fine.

Damages and Loss:

  1. The customer is expected to inform us immediately about the malfunction, loss or damage of any item and follow our instructions thereafter. Only cases where such an incident is voluntarily disclosed to us immediately shall be eligible for calculation of replacement cost on the basis of depreciated value of the asset rather than the purchase price of a new copy of the asset.
  2. Any unreasonable delay in informing us about damage or loss shall render the case ineligible for consideration on the basis of extenuating circumstances and will invite the full extent of damages and penalties.
  3. Damaged items will be submitted to the brand’s authorised service center and the reason for the damage identified by the service center shall be binding on both parties. If the damage is not due to regular usage, the customer shall be liable to pay for the repair, incidental charges and 50% of the rental charges for the duration the item is under repair.
  4. In case of total loss, theft or confiscation by law enforcement authorities, the equipment shall be deemed sold to the customer for the replacement cost of the equipment, payable immediately.
  5. In cases of damage where equipment cannot be repaired or restored to its original condition or where the brand does not have an authorised service center in Pune or Mumbai, the customer is liable to pay the replacement cost of the equipment and the damaged equipment will be handed over to the customer.
  6. The customer is expected to arrange for insurance cover for equipment against damage, theft, etc if required.

Limitation of Liability:

  1. While we try to ensure that all our equipment is fully functional, we do not accept any responsibility for losses the customer may incur due to the failure or non-availability of equipment during the rental period.
  2. It is the customer’s responsibility to use the equipment in an appropriate manner and comply with all applicable laws, regulations and ordinances pertaining to the possession and use of the equipment. Any liability, loss or encumbrance arising out of violation of these shall be borne entirely by the customer.
  3. Equipment confiscated by law enforcement authorities for any reason during a rental, shall be deemed sold to the customer at replacement cost.

Ownership:

  1. The equipment shall remain at all times, our property and the customer shall have no rights or claim to the equipment.
  2. Any images, videos or sound recordings made by the customer using the equipment shall remain the sole property of the customer.

Default:

  1. If the rented items are not returned within 2 days from the end of the rental period and no extension has been authorised, the customer shall be considered to be in default.
  2. If it is found that any of the customer’s information is incorrect, the customer shall be considered to be in default.
  3. Non-payment of dues by the customer within the stipulated time period shall be considered as default. Late payments shall be charged a finance charge of 5% per month or part thereof.
  4. In the case of default, we reserve the right to pursue all available civil and criminal remedies against the customer, including but not limited to: recovering possession of the equipment, obtaining from the customer’s form of payment any amounts owed, hiring debt collection firms or private investigators, filing of criminal charges, and any civil remedies available.

Contact Us

If you have any questions about these Terms, please contact us.