Terms & Conditions

These Terms & Conditions (the “Terms”) govern your access to and use of this website and its content (the “Site”), which is operated by SMASH Digital Media Private Limited (“SMASH Digital Media Private Limited”, “we”, “us” or “our”). By accessing or using the Site you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy and Cookie Policy.

If you do not agree, please do not use the Site. If you are using the Site on behalf of a business, you confirm that you are authorised to accept these Terms on its behalf.

The Site introduces SMASH Digital Media Private Limited and the growth, marketing, creative and technology services we offer, and lets you contact us about them. Information on the Site, including service descriptions, case studies and insights, is provided for general information only. It is not a binding offer, a quotation or professional advice for your specific situation.

Any engagement with us for paid services is governed by a separate written proposal, statement of work or services agreement. If those documents conflict with these Terms, they prevail for the services they cover. Nothing on the Site creates a client relationship until such an agreement is in place.

You may use the Site for lawful business and personal purposes only. We may change, suspend or withdraw any part of the Site at any time, without notice, and we do not promise that it will always be available or free from errors.

You are responsible for your own equipment and internet connection and for the accuracy of anything you submit to us.

When using the Site you must not:

• break any applicable law or regulation, or encourage anyone else to;
• submit false, misleading or someone else's personal information, or impersonate any person or business;
• send spam, malware or any content that is unlawful, defamatory, abusive or infringes another person's rights;
• attempt to gain unauthorised access to the Site, its servers, databases or the admin areas, or probe, scan or test their security;
• interfere with or disrupt the Site, including by overloading it, or by using bots, scrapers or other automated means to extract content or submit forms in bulk;
• copy, reverse-engineer or exploit the Site's code or design except as the law permits.

When you send an enquiry through the Site, you give us the details you choose to share, such as your name, company, contact details, location, budget range and goals. You confirm that the information is accurate and that you are entitled to share it. We use it as described in our Privacy Policy.

Submitting an enquiry does not oblige either of us to enter into an agreement. Response times we mention are targets, not guarantees.

The Site and everything on it, including text, graphics, logos, icons, images, video, animations, layout, software and the “SMASH” name and marks, belongs to SMASH Digital Media Private Limited or its licensors and is protected by copyright, trade mark and other intellectual property laws.

You may view the Site and make a single copy of a page for your own personal or internal business reference. You may not reproduce, republish, distribute, modify or create derivative works from any part of it, or use our name or marks, without our prior written permission.

Client names, logos and work shown in case studies belong to their respective owners and appear with permission or for illustration only.

If you send us ideas, suggestions or feedback about the Site or our services, you agree that we may use them freely without obligation or payment to you. This does not apply to confidential information you share as part of an engagement we have agreed in writing.

The Site may link to third-party websites and services, such as social networks and WhatsApp, or load content from them. We do not control and are not responsible for their content, availability, security or privacy practices. A link is not an endorsement. Their own terms and policies apply when you use them.

The Site and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we give no warranties of any kind, express or implied, including about accuracy, completeness, fitness for a particular purpose or uninterrupted, error-free or virus-free operation.

Case studies, statistics and results shown on the Site describe past work for particular clients. Marketing outcomes depend on many factors outside anyone's control, so they are examples only and not a promise or forecast of results for you.

To the fullest extent permitted by law, SMASH Digital Media Private Limited, its directors, employees and partners are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, data, goodwill or business opportunity, arising from your use of, or inability to use, the Site or from reliance on its content. Where liability cannot be excluded, our total liability for any claim connected with the Site is limited to the maximum extent the law allows.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation. Liability for paid services is governed by the agreement for those services, not by this section.

You agree to indemnify and hold SMASH Digital Media Private Limited harmless from claims, losses and reasonable costs (including legal fees) arising from your breach of these Terms or your misuse of the Site.

How we handle personal data is explained in our Privacy Policy, and how the Site uses cookies and similar technologies in our Cookie Policy. Both form part of these Terms.

We may restrict or end your access to the Site at any time, without notice, if we reasonably believe you have broken these Terms or are putting the Site or other people at risk. Sections that by their nature should continue to apply, including intellectual property, disclaimers, liability, indemnity and governing law, survive any termination.

We may update these Terms from time to time. The updated Terms apply from the moment they are published, and continuing to use the Site afterwards means you accept them. For material changes we will take reasonable steps to make them visible on the Site.

These Terms and any dispute connected with the Site are governed by the laws of India. We encourage you to contact us first so we can try to resolve any concern informally and in good faith.

If a dispute cannot be resolved that way, the courts at Kochi, Kerala, India have exclusive jurisdiction, subject to any mandatory rights you have under the law where you live.

• Entire agreement: these Terms, with the policies they refer to, are the whole agreement between you and us about the Site.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: a delay or failure to enforce a right is not a waiver of it.
• Assignment: you may not transfer your rights under these Terms. We may transfer ours as part of a reorganisation or sale of the business.
• Electronic communications: you agree that we may communicate with you electronically, and that such communications satisfy any legal requirement to be in writing.

If you have a question about these Terms, please reach out at smash@sysmantech.net or through our contact page.

• Email: smash@sysmantech.net
• Phone: +91 95399 00003
• Address: Ground Floor, Arthungal Residency, Lower, Cheruparambath Rd, Tagore Nagar, Giri Nagar, Kadavanthra, Kochi, Ernakulam, Keralam 682020

You can also use the form on our contact page. We aim to reply to every message promptly.