Terms and Conditions

This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable, along with 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the domain name https://www.theboomerangstore.com (‘Website’), including the related mobile site and mobile application (hereinafter referred to as the ‘Platform’).

The Platform is owned by SMARTISTRY PRIVATE LIMITED, a company incorporated under the Companies Act, 2013, with its registered office at 143 22B, 143 22A Riverview, RESIDENCY 2, St. Karappakam, Kanchipuram – 600097, Tamil Nadu (hereinafter referred to as the ‘Platform Owner’, ‘we’, ‘us’, ‘our’).

Our warehouse is located at 147/1, MILITARY ROAD, Ramanujar Temple, Kancheepuram – 631501, Tamil Nadu.

Your use of the Platform, services, and tools is governed by the following Terms and Conditions (“Terms of Use”) as applicable to the Platform, including applicable policies incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies applicable for such a transaction. By mere use of the Platform, you are contracting with the Platform Owner, and these Terms and Conditions, including the policies, constitute your binding obligations with the Platform Owner.

These Terms of Use relate to your use of our Website, goods (as applicable), or services (as applicable) (collectively, ‘Services’). Any additional terms and conditions proposed by you that conflict with these Terms of Use are expressly rejected by the Platform Owner and shall be of no force or effect. These Terms of Use can be modified at any time without prior notice. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

1. User Agreement

  • For the purpose of these Terms of Use, wherever the context so requires, ‘you’, ‘your’ or ‘user’ shall mean any natural or legal person who has agreed to become a user/buyer on the Platform.
  • ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE PROCEEDING.

2. General Terms of Use

  • To access and use the Services, you agree to provide true, accurate, and complete information during and after registration. You shall be responsible for all activities done through the use of your registered account on the Platform.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials offered on this website or through the Services for any specific purpose.
  • You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of our Services and the Platform is solely at your own risk and discretion, for which we shall not be liable to you in any manner. You must independently assess and ensure that the Services meet your requirements.

3. Intellectual Property Rights

  • The contents of the Platform and the Services are proprietary to us and licensed to us.
  • You will not have any authority to claim any intellectual property rights, title, or interest in its contents, including but not limited to the design, layout, look, and graphics.

4. Unauthorized Use

  • Unauthorized use of the Platform and/or Services may lead to action against you as per these Terms of Use and/or applicable laws.

5. Payment & Pricing

  • You agree to pay us the charges associated with availing the Services.
  • Prices for products/services may change without notice. The Platform Owner reserves the right to modify or discontinue any product or service without prior notice.

6. Legal Compliance & Restrictions

  • You agree not to use the Platform and/or Services for any unlawful, illegal, or forbidden purposes under these Terms, Indian laws, or any other local laws applicable to you.
  • The Platform and Services may contain links to third-party websites. Accessing these links means you will be governed by the terms of use, privacy policy, and other policies of such third-party websites.

7. Transactions and Contracts

  • By initiating a transaction on the Platform, you are entering into a legally binding contract with the Platform Owner.
  • The Platform Owner is not responsible for any direct or indirect losses incurred due to misuse of account credentials, payment failures, or transaction errors.

8. Indemnification

  • You shall indemnify and hold harmless the Platform Owner, its affiliates, group companies, and their respective officers, directors, agents, and employees from any claims or demands, including reasonable attorney’s fees, made by any third party due to or arising out of:
    o Your breach of these Terms of Use,
    o Violation of any law, rules, or regulations, or
    o Infringement of intellectual property rights of a third party.

9. Force Majeure

  • Notwithstanding anything contained in these Terms of Use, neither party shall be liable for failure to perform obligations if performance is prevented or delayed due to a force majeure event.

10. Governing Law & Jurisdiction

  • These Terms of Use shall be governed by and construed in accordance with the laws of India.
  • All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu.

11. Contact Information

  • All concerns or communications relating to these Terms of Use must be directed to us using the contact information provided on this website.