Welcome to smbhav.amazon.in (smbhav2024.com) site (the “Site”) brought to you by Amazon Seller Services Private Limited ("Amazon" or "we" or "our" or "us"). The Site provides you with information in relation to ' Amazon Smbhav' which is an annual initiative ("Event") launched by Amazon in India, aimed at empowering small and medium-sized businesses and entrepreneurs.
By visiting the Site and/or by registering for the Event, you accept and agree to these terms and conditions ("Terms of Use"). Please read them carefully. In addition, when you use any current or future Amazon service or business or this Site, you are also subject to and agree to the guidelines, terms and agreements applicable to such service or business including the Amazon Conditions of Use and Privacy Notice, which are incorporated herein by reference.
These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Event:
1.1 Registration: If you wish to attend the Event, you can register for it by logging in to smbhav2024.com and/ or by following instructions on the Site and/ or as communicated to you. Your registration for the Event can be completed by:
(i) filling in the online form where you will be required to provide your complete and correct details such as name, phone number, e-mail address, etc.; and/or
(ii) by paying the appropriate registration fee of the Event.
By registering for the Event, you represent and warrant that you are at least eighteen years of age. Please be informed that you are responsible for providing Amazon with correct and accurate details for the purpose of registering for the Event and Amazon will not be responsible for the same. Amazon does not allow offline registration for the Event. Upon completion of the registration and payment of the registration fee, you will be issued event pass by us which will be sent to you at your specified e-mail address and phone number. The event pass for the Event are non-transferable and non-refundable in nature and are intended solely for your personal use.
1.2 Fee: You may pay the registration fee for the Event by using payment methods indicated on the relevant registration page. However, we do not accept cheque or demand draft as payment method for the registration fee. The registration fee is inclusive of applicable goods and services taxes. Please review Event details and payment details carefully before completing any payments. Amazon is not liable for any issues arising from the payment processing, including but not limited to transaction errors, failures, delays, unauthorized payments, or similar issues. By proceeding with the payment, you acknowledge and accept these terms.
1.3 Disqualification: Amazon reserves the right, at its sole discretion, to disqualify you from the Event if any fraudulent activity is identified as being carried out for the purpose of registering or attending for the Event or if any of the conditions of this Terms of Use are not met.
1.4 Third Party Offerings: The Event may feature benefits, services, activities, sessions or sponsorships provided or offered by third parties ("Third Party Offerings"). Participation, availing or engagement with such Third Party Offerings is at your own risk. Such Third Party Offerings are provided 'as-is', and Amazon makes no endorsement, representations or warranties regarding the quality, reliability, validity or suitability of such Third Party Offerings. You are advised to read and understand any terms and conditions applicable to such Third Party Offerings before engaging with them. Amazon is not liable or responsible for any issues or disputes that may arise in connection with such Third Party Offerings.
1.5 Participation: The participation in this Event is voluntary. You will be required to show your event pass to be allowed entry into the Event venue. Amazon reserves the right at its sole discretion to refuse entry or eject persons who fail to produce an event pass when requested. You understand that you and your property may be subject to a reasonable search upon entry to the Event and you may be asked to provide photo identification. If you refuse to participate in these security measures, or for any other reason, we may deny you entry at our sole discretion. We also reserve the right to ask you to leave the Event if you do not behave in a respectful, professional and appropriate way, or violate any applicable law, or do not follow any restrictions imposed at the Event venue, or your behavior causes us concern for the safety or security of Event attendees or any other reasons determined by Amazon at its sole discretion. If we deny you entry or require you to leave, you will not receive a refund.
1.6 Event Schedule: We may at our sole discretion reschedule or cancel the Event at any time for reasons including, but not limited to, availability or suitability of venue or speakers or on security, health, or safety grounds, and we may deny, limit, or cancel your Event registration at any time. We may also change the Event program at any time in our sole discretion. We are not responsible for any damages or losses, direct or indirect, resulting from such cancellation. By participating in the Event, you expressly agree that Amazon or any of its affiliates will not be liable or responsible for any loss or damage whatsoever, that you may suffer, directly or indirectly, in connection with the Event.
1.7 Recordings and Your Materials. You grant us, our affiliates, and our independent contractors the right to record, film, photograph, and capture your voice and image in any media at the Event (the "Recordings"). You grant to Amazon and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to reproduce, modify, distribute, and translate, or use in any manner, for any purpose, all or any part of the Recordings, and any other materials submitted or presented by you to us (in electronic copy or hard copy, verbally, or otherwise) ("Your Materials"). We may edit or modify the Recordings and Your Materials, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any moral rights you may have in the Recordings and Your Materials. You represent and warrant that (a) Your Materials are true and accurate to the best of your knowledge, (b) you have the necessary rights and permissions to grant the license in this clause 1.6, and (c) Your Materials do not violate or infringe any copyright, trademark, or other proprietary rights of any person or entity.
1.8 Release & Waiver: To the maximum extent permitted by law, you (for yourself, your heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on your behalf or as a result of your death or injury) hereby waive and/ or release Amazon and its affiliates, and their respective directors, officers, employees, contractors, representatives, agents, successors, and assigns, from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that you may have now or in the future associated in any way with the Event, the Recordings, or Your Materials.
2. Electronic communications: When you visit the Site or send e-mails to us or register for the Event, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or in any other manner. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Privacy: Please review our Privacy Notice which outlines how we process your personal information, when you visit this Site, register for the Event, or otherwise in connection with the Event. You hereby agree and consent to our collection, sharing and otherwise processing of your personal data as provided in the Privacy Notice and for the purposes of and in connection with the Event including as described herein. This may include sharing your personal information with third parties such as sponsors, partners, vendors, or other service providers for the purposes of and in connection with the Event, including but not limited to facilitating your, participation in or engagement with any sessions, contests, awards, competitions or other activities in connection with the Event, or access to or availing of benefits or services provided by such third parties, or for the purposes of organizing or conducting the Event. Such third parties may process your personal data in accordance with their privacy policies including sending you communications and marketing emails.
4. License for Site access: Subject to your compliance with these Terms of Use and payment of applicable fees, if any, Amazon grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Amazon and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Amazon and / or its affiliates, as may be applicable. 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 Amazon or its affiliates without their express written consent. You may not use any meta tags or any other “hidden text” utilizing Amazon's or its affiliates' name or trademarks without their express written consent. Any unauthorized use terminates the permission or license granted by Amazon and / or its affiliates.
5. Access to Site: We will do our utmost to ensure that availability of the Site will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
6. Copyright, authors' rights and database rights: All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Amazon or its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this Site is the exclusive property of Amazon and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this Site is the property of Amazon, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the Site without Amazon's and / or its affiliates' (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site, without Amazon and / or its affiliates' (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this Site without Amazon and / or its affiliates' (as may be applicable) express written consent.
7. Trademarks: Amazon, the Amazon logo, Amazon Services India, and other marks indicated on our Site are trademarks of Amazon.com, Inc. or its subsidiaries ("Amazon Affiliates"), in the European Union and/or other jurisdictions. The Site's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Amazon Affiliates. Amazon Affiliates' trademarks and trade dress may not be used in connection with any product or service that is not Amazon's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Amazon Affiliates. All other trademarks not owned by Amazon that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Amazon or its affiliates.
8. Your activity on the Site: The Site is not intended for use by children. If you are a minor i.e. under the age of 18 years, you may use the Site and Amazon only with involvement of a parent or guardian. Amazon and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Amazon, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law.
You must not use the Site for any of the following:
(i) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
(ii) to send, use or reuse any material that does not belong to you; or is illegal, is offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, or menacing; racially or ethnically objectionable, or disparaging; in breach of copyright, trademark, patent, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties or relates to or promotes money laundering or gambling or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;.
(iii) to deceive or mislead the addressee about the origin of messages.
9. Your License: If you submit material, and unless we indicate otherwise, you grant Amazon and its affiliates a nonexclusive, royalty-free, irrevocable, perpetual and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant Amazon and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit or that you otherwise provide on or through the Site; that the content is accurate; that the content is lawful; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon and its affiliates for all claims arising from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. Amazon takes no responsibility and assumes no liability for any content submitted by you or any third party.
10. Disclaimer of warranties and limitation of liabilities: This site is provided by Amazon on an "as is" and "as available" basis. Amazon makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this site. You expressly agree that your use of this Site is at your sole risk. Amazon reserves the right to withdraw or delete any information from this Site at any time in its discretion.
To the full extent permissible by applicable law, Amazon disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Amazon does not warrant that this Site, its servers, or e-mail sent from Amazon are free of viruses or other harmful components. Amazon will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
11. Indemnity and Release: You shall indemnify and hold harmless Amazon, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. You hereby expressly release Amazon and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
12. Losses: We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect, punitive, remote or consequential loss even if advised of the possibility of such loss, in connection with this Site.
13. Applicable Law: By visiting this Site, you agree that the laws of India will govern these Terms of Use and any dispute of any sort that might arise between you and Amazon or its affiliates.
14. Disputes: Any dispute relating in any way to your visit to this Site shall be submitted to the exclusive jurisdiction of the courts at Bangalore, India.
15. Site Policies, Modification and Severability: Please review our other policies on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and these Terms of Use at any time in our sole discretion without providing any notice. It is your responsibility to periodically review these terms to keep up-to-date with such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
16. Our Address: This Site is operated by Amazon Seller Services Pvt Ltd (or its authorized representatives) No.26/1,8th floor, Brigade Gateway, Dr. Raj Kumar Road, Malleshwaram (W), Bangalore - 560055.
17. Sanctions and Export Policy: You may not use this Site or any Amazon service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Amazon services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Amazon software), technology and services.
18. Miscellaneous: Any failure by Amazon to enforce any of these Terms of Use in any instance shall not be deemed to be a waiver of these Terms of Use and shall not give rise to any claim by any person. If you breach these Terms of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions. If any provision of this Terms of Use is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Terms of Use shall continue to be in full force and effect.