Terms & Conditions

1. Website Ownership and Content

This Website is solely and exclusively owned and operated by IMS of Smithfield (hereinafter referred to as “IMS of Smithfield”). IMS of Smithfield Retail is the Original Owner and Author of the Website www.imsofsmithfield.com (hereinafter referred to as the “Website”) and of all the copyrights, trademarks, brand names, logos and other intellectual property rights incidental or consequential thereto.
The materials and services provided for and depicted on www.imsofsmithfield.com are the sole properties of IMS of Smithfield and protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the IMS of Smithfield.in (“IMS of Smithfield Content”) is provided to you by IMS of Smithfield for the sole purpose of using the Services.
No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way save and except that you may download one copy of the materials on any single computer for your personal non-commercial residential use only, provided that you keep intact all copyright and other intellectual property rights.

Modification of the materials or use of the materials published on the website for any other purpose is not permissible and will be construed as a violation of IMS of Smithfield copyright and other proprietary rights by you.

The use of any such material on any other Website or networked computer environment is strictly prohibited and is liable for civil, criminal or other legal proceedings.
Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with “IMS of Smithfield” are the sole and exclusive property of IMS of Smithfield.

You must not use the services provided by IMS of Smithfield or the website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.

You must not use the services provided by IMS of Smithfield or the website to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights of others. The Website www.imsofsmithfield.com the copyrights, trademark, logo, trade name, brand name and other intellectual property rights now existing or that may arise/accrue in future to from the website www.imsofsmithfield.com and the Contents thereof are the sole and exclusive ownership and property of IMS of Smithfield and are protected by applicable copyright, trademark and other intellectual property laws of United Kingdom.

Except as expressly authorized herein, you shall not modify, license, assign, sell, distribute, reproduce, transmit, display, publish, broadcast, circulate, disseminate, commercially exploit or create derivative works based on the Website, the Service or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent.
Use of the Website or the Content in violation of these Terms and conditions of use, or any applicable law, rule or regulation, or the rights of any third party is strictly prohibited and any act to the contrary shall be entirely at your own risk, costs and consequences thereof.

You agree, declare and confirm not to use the Website or the Content for any unlawful or immoral purposes and further to comply with any and all requests from IMS of Smithfield to protect our respective rights in the Website and the Content.

We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Website and the Content for any commercial purpose except for those expressly authorized by us.

We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website. In the event that you download any software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) shall always be the ownership and property of IMS of Smithfield and IMS of Smithfield retains full and complete title to the Software, and all intellectual property rights therein.
In the event you become aware of any infringement of any intellectual property rights of IMS of Smithfield or any action against or proceeding against IMS of Smithfield, you shall forthwith in good faith inform IMS of Smithfield of the same.

2. User Registration and Account Profile

You confirm that you are of the age of 18 or above and of sound disposing mind; and have accessed the Website voluntarily with full knowledge and notice of the terms and conditions of use, its binding nature and consequences of such breach.

IMS of Smithfield shall, from time to time provide you with exclusive usernames, passwords and/or other unique identifiers (“User Codes”) to enable you to access and use the Website.
You shall be liable and responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party.

You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used.

IMS of Smithfield shall not be liable or responsible for any breach of security caused by your failure to maintain the confidentiality and/or security of any of the User Codes.

If you create a login and apply for an account, you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your identity. IMS of Smithfield is not responsible for unsatisfactory delivery or unavailability of service caused by inaccurate registration information.

You agree and confirm to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you became aware and have knowledge that the confidentiality or security of any or all of the User Codes has been compromised in any way or unauthorized access to and/or use of the Website.

www.imsofsmithfield.com assumes that all information provided by the users/account holders at the time of signup as well as changes and updating of the profile is correct and true in nature and any bogus registration or use of the account.

We reserve the right to revoke or modify the User Codes at any time without prior notice. IMS of Smithfield reserves the right to refuse registration and deny creation of an Account and associated User ID and Password to any User at its sole discretion.
The sole discretion of termination and suspension of any account and the refusal of service to any person or account holder lies with the website and IMS of Smithfield.in can do the same by giving a notice to the user/account holder less than 24 hours in advance.

3. Scope of Service

1. Payment & Shipping Terms

You agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
IMS of Smithfield accepts no liability for any errors or omissions, whether on behalf of itself or third parties. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. After the receipt of payment the Buyer, IMS of Smithfield shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.
A delivery charge of £6.95 is applicable for all orders under the value of £70. The delivery charge is inclusive of all taxes.
IMS of Smithfield shall dispatch the order in 1 working days from the date of confirmation of order placed by the customer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in any way. Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
“We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time”.
Credit card details:
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to IMS of Smithfield.

2. Reviews, Comments, Blogs & Social Media

IMS of Smithfield enables you to post your reviews, statements and comments on various products and Services featured on the Website, and in respect of such a comment/article/blog, You grant IMS of Smithfield and/or its affiliates the right and authority to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media and to use the name, if any, that you submit in connection with such review or comment.
By submitting ideas, comments, suggestions, documents, and/or proposals (“User Feedback”) to IMS of Smithfield.in through the website, on IMS of Smithfield Facebook Page & on any other Social Media Platform, you agree to grant IMS of Smithfield permission to use or disclose (or choose not to use or disclose) without any restriction or limitation, any such User Feedback for any purpose, in any way, in any media worldwide.
In order to allow IMS of Smithfield to use your User Feedback, you acknowledge and agree that: (a) IMS of Smithfield is not under any obligation of confidentiality, express or implied, with respect to such User Feedback; (b) IMS of Smithfield may have under consideration or in development something similar to such User Feedback already; and (c) you are not entitled to any compensation or reimbursement of any kind from IMS of Smithfield under any circumstances for such User Feedback.
3. Rewards & Discounts

IMS of Smithfield in its sole discretion at any time and with or without notice may offer/reduce or cancel incentives or promotions, shorten or extend/cut short the duration of any incentive or promotional program and/or terminate or modify any incentive or promotional program.
All discounts being offered are the sole discretion of the IMS of Smithfield and any queries regarding the same are to be directed to IMS of Smithfield.
The deals, offers, discounts etc. offered to one user/account holder will be in the name of the person registered at the time of signup and cannot be used, sold, transferred, or in any way distributed to other account holders or to anyone else in general.

4. Your Representations and Warranties

1. You hereby represent and warrant to IMS of Smithfield that:

You are the person to whom the User Codes used to access the Website were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is correct accurate and complete, and you take sole responsibility to update such information and as when necessary, or
You are accessing the Website on behalf of the company or organization to whom the User Codes you used to access the Website were issued by us;
You authorize IMS of Smithfield to verify this information, and IMS of Smithfield at its sole discretion may prosecute users for any incorrect information or any misrepresentation.
You will not modify, reverse engineer, hack, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website; or modify another website so as to falsely imply that it is associated with www.imsofsmithfield.com.

5. Privacy Policy

IMS of Smithfield is committed to safeguarding your privacy and upholding the highest levels of information security. To that end, we adhere to the strictest consumer privacy guidelines and protect any information you provide to and through our website, Any information provided to IMS of Smithfield (in course of user of services) is not shared any other third party except in cases where in such information sharing becomes necessary to provide a particular service. For example, customer details are needed to be shared with the service provider to or process an order.

1. IMS of Smithfield may use your personal information for the following purposes:

To convey your order you’ve selected or for rendering any other services, by providing your name address and contact phone number to the service provider,
To provide you with information about the services of the IMS of Smithfield,
To provide services which Registered Users are entitled to under applicable terms and conditions
To produce aggregate statistical data for the improvement of services offered by www.imsofsmithfield.com
To use the aggregate statistical data for promotional purposes,
For any other purposes related to those above.

2. We do not collect personal information from you when you visit our site unless you intend to advertise or use our services or want to know more about them. We may, however, track the non-personal information about your visit which may include your domain name, webpage or complete URL from which you entered our site, your IP address & how much time you spend on our pages etc. In order to operate the Site and provide you with information on products and services that may be of interest to you, we may collect information that could be used to contact you such as full name, postal address, phone number and email address, financial information (e.g. Passwords and credit card numbers), demographic information (e.g. Zip code, hometown, gender, purchase history information and age), public information such as user ratings and reviews and a user name from you.

3. You consent and give your no-objection to IMS of Smithfield to record, retain and use all information, data and electronic communication that you input or otherwise communicate during your access to and/or use of the Website or any e-mail to or from us and any other means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable, and our privacy policies.

4. We may accept advertisements from third-party advertisers or provide links to external Web sites. The privacy policy of these advertisers and sites for information regarding their collection of information and use of cookies are not under our control. We are not responsible for the content or privacy practices of other Web sites. Any third party cookies are subject to the privacy policy of the company placing them.

5. IMS of Smithfield is wholly committed to protecting the privacy of the young. Our site is not designed to attract children under the age of 18 and IMS of Smithfield does not knowingly collect personal information from children on our websites. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 18. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers.

6. When you order from us, we will share your address and other necessary information (required to deliver the food to your home) with the service provider. You agree to share such information with them. We may use aggregated information like how visitors use our Website and share such information with third parties in order to improve our Website and to help us attract advertisers and listings. For example, we may share how many individuals visited our Website and, on average how much time they spent on our site. Such use and sharing of aggregated information will not reveal any of your personal information to third parties. For this purpose, we may also provide these third parties service provider’s anonymous information about your site navigation.

7. Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on our Website or a govt. order. We may also share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of IMS of Smithfield or IMS of Smithfield Site’s terms of use, or as otherwise required by law. IMS of Smithfield will disclose personal information; to the extent, it possesses any, when in its good faith judgment the law requires it to do so, such as in response to court orders or other legal processes, or when disclosure is necessary to protect our rights or the rights of our advertisers.

8. No transmissions over the internet can be guaranteed to be 100% secure. Ergo, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. By using this Website or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. IMS of Smithfield may post a notice on our Web site if a security breach occurs

9. The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country.

10. Log-in areas on www.imsofsmithfield.com requires that your browser accept cookies. A cookie is a small amount of information that is sent from a web server to your browser and stored on your computer’s hard drive. IMS of Smithfield.in uses cookies to verify that you are properly signed in, for example. IMS of Smithfield.in may also use cookies from time to time to measure your response to new aspects of the websites and/or emails in an effort to continually improve customer service and website usability. Please be aware that a cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address. You can erase or block cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain www.imsofsmithfield.com services, as well as parts of the website, may not work correctly or will not work at all if your browser is set not to accept cookies. Web pages may contain electronic images (called a “single-pixel GIF” or “web beacon”) that are used to count users who have visited that page or to access certain cookies.

11. Changes may be periodically incorporated. IMS of Smithfield may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice. Our Privacy Policy is regularly reviewed and revised to make sure we continue to serve the best interests of our customers. We reserve the right to update this Privacy Policy to reflect any changes. If we decide to change our Privacy Policy, we will post those changes to this Policy, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

6. Limited Liability

1. www.imsofsmithfield.com is dedicated to maintaining the privacy of the users/account holders with respect to all the necessary information given at the time of registration and thereafter. However, you will provide the same at your own risk and the website or its owners will not be in any way held responsible for any misuse or duplication of data provided therein for any reason by any third party. By providing the information as prescribed in the registration form and thereafter, you also consent to the tabulation, storage and use of the above data by the website for sending offers, information and deals etc. in the future via emails, SMS, telephonically and posts and sharing of the information to other sister concerns of IMS of Smithfield.in for their benefit.

2. IMS of Smithfield shall not be liable or responsible for any special or consequential damages that may result from the use of, or the inability to use, the materials on their Website www.imsofsmithfield.com

3. In no event shall IMS of Smithfield have any liability to you or others for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this Website.

4. You declare and confirm that you are accessing www.imsofsmithfield.com voluntarily and entirely at your own risk and consequences incidental or consequential to such use.

5. You acknowledge and agree that IMS of Smithfield neither endorses the content of advertisements or third parties’ web content, nor shall it be responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime committed thereby.

6. Neither IMS of Smithfield nor any of its officers or employees shall be liable or responsible for any direct, indirect, incidental, special or consequential damages arising out of or relating to these Terms and conditions of use, resulting from the use or the inability to use the Website services or resulting from any services provided by IMS of Smithfield or any messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user’s transmissions or data.

7. In no event or circumstances shall IMS of Smithfield be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the Website to you.

8. IMS of Smithfield or its officers or employees shall not in any manner be responsible for any force majeure event, the act of God or any circumstances beyond its control. As set out hereinafter which hinder your free and full access to the Website and or its services.

9. Neither IMS of Smithfield nor shall its employees be held liable or responsible for any information displayed on it or for updating any such information.

10. IMS of Smithfield is not liable and responsible for any claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever arriving out of and as a result of reviews posted on the website www.imsofsmithfield.com regarding establishments as the website only provides a platform for users to express their opinions and these under no circumstance are views of IMS of Smithfield, its affiliates, officers, employees, agents, partners and licensors.

7. Indemnity

1. You agree to indemnify and do hereby keep indemnified, safe and harmless IMS of Smithfield, its successors and assigns of from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever suffered or sustained by IMS of Smithfield due to :

Your breach of any terms or conditions of use or your representations and warranties contained in these Terms and conditions of use,
Your access to and/or use of the Website and/or the Content
Any act, deed, matter or thing which shall or may constitute an infringement of the copyright, trademark or any other intellectual property rights of any third party;
Any bogus or false orders placed by you or any third party using your user ID and password,
Any false, incorrect or misleading information provided by you to IMS of Smithfield as to your name, e-mail address. Address, mobile number etc.
Any disclosure of information, user Id, password made by you to any third party.
2. IMS of Smithfield shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

The use or the inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website;
Any shortcoming/error with respect to any information or Services purchased or obtained from a User or a third-party content provider through IMS of Smithfield;
Unauthorized access by third parties to data or private information of any User;
Statements or conduct of any User of the Website; or
Authenticity, availability, suitability, reliability, the accuracy of the information, software, Services, content, etc.
8. Modification and Updating Termination

IMS of Smithfield reserves the right in its sole discretion at any time and for any reason with or without prior notice to you to (a) modify or discontinue, in whole or in part, any portion of the Website, the Content, hours of availability and/or your access to the Website, and (b) to modify, amend and alter these Terms and conditions of use. These terms and conditions of Use (as may be revised from time to time as described herein) are valid, subsisting and binding upon you and, unless otherwise expressly stated in these Terms and conditions of use, will survive the termination of your access to, and use of, the Website. IMS of Smithfield may refuse, restrict, suspend or terminate your Account or services provided to you at any time, at its sole discretion without notice or suspend your Account until verification of the information you provided is complete without liability to you or any other party. IMS of Smithfield may take technical action to block you from visiting the Website if it has reasons to believe or notice that you have violated or committed a breach of any of the terms and conditions of use. IMS of Smithfield shall in cases of suspected abuse, fraud, or violation make such rules and take such decisions relating to termination of membership as shall be final and binding on you. Should you object to any of the Terms and conditions of use, or any subsequent modifications thereto, your only recourse is to immediately discontinue participation in the Website and properly terminate your membership with IMS of Smithfield and you agree, confirm and undertake not to raise any dispute in respect of the same

9. Governing Laws, Jurisdiction and Dispute Resolution

1. This Agreement shall be governed by and construed in accordance with the laws of United Kingdom

2. The competent Courts at United Kingdom shall have the sole and exclusive Jurisdiction to try and entertain all the disputes arising between the parties hereunder.

3. Any or all differences, disputes, non-compliance or non-payment arising out of these presents or interpretation thereof shall be first resolved amicably by the parties, within a period of 30 days from the date of receipt of notice by either Party from the other Party of any such dispute or difference.

4. In the event the Parties fail to amicably settle and resolve the dispute/s or differences/ that may have arisen between them within a period of 45 days from the date of reference, any and all such claims, disputes, questions, controversies, differences, non-payment or non-compliance involving any of the Parties in respect of or concerning or connected with these presents or its interpretation or implementation, or any clause or provision hereof, including related to the execution, validity, performance or breach or relating to the termination hereof (collectively referred to as “Disputes”), shall be referred to Arbitration in accordance with the terms of Arbitration stated below

5. The arbitral tribunal shall constitute of the sole arbitrator appointed by IMS of Smithfield. The Arbitration proceedings shall be commenced and prosecuted in accordance with the provisions of the Arbitration and Conciliation Act,1996 (Arbitration Act) and the rules made thereunder, as may be amended from time to time or its re-enactment in force. The Arbitral Tribunal shall be appointed in the manner provided in the Arbitration Act.

6. The place of arbitration and the seat of arbitral proceedings shall be at Kochi, United Kingdom. Any arbitral proceedings pursuant to any reference made under this Agreement shall be conducted in the English language. The decision of the arbitral tribunal and an award given by the arbitral tribunal shall be final and binding upon the Parties.

7. Notwithstanding the existence of any disputes between the Parties which is referred to the process of amicable resolution or, arbitration as the case may be, the parties during the pendency of the process of amicable resolution or, arbitration as the case may be, shall respectively continue to act on matters under this Agreement which are not the subject matter of the dispute or difference as if no such dispute or difference had arisen.

10. Disclaimer

IMS of Smithfield will not be liable for any damages of any kind arising from the use of this Website, or products acquired through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Pricing on this Website may be subject to change without notice.

1. Perishable products like meat & poultry are shown on the website here are indicative. We do our best to give a better result than shown. It may be possible that actual arrangement varies due to availability and other reasons beyond our control. However, we always ensure full or higher value to our customers.

2. Delivery schedule varies 0-1 days post confirmation of the order, depending on the destination city or town. For the products, which require special procuring, delivery time may vary.

3. For orders in which problem arises owing to the mistake of the user e.g. wrong address or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user.

4. Products sold by IMS of Smithfield on the website are strictly meant to be consumed in moderation, and IMS of Smithfield will not be held responsible by any means for any mental or physical damage or loss of life or failure of any or all organ/s in the body due to over-consumption of the products.

11. IMPORTANT

1. You agree and declare to comply with any and all rules, restrictions and disclaimers that are posted on the Website. All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices.

2. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

3. You agree and confirm to abide by the terms and conditions of use of this Website and you shall affix your digital signature as acceptance of the terms and conditions of use by affirmatively “clicking” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature at the time of registration and subsequently at the time of any transaction.

4. These terms and conditions of use represent the complete and exclusive agreement and understanding between you and IMS of Smithfield regarding your rights to access the Website and to use the Content and supersedes all agreements, writings, understandings which you may have with, and all representations (whether written or oral), regarding such subject matter.

5. Should any term or provision of these terms and conditions of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.

6. IMS of Smithfield?s failure to insist at any time upon strict compliance with any term of these Terms and conditions of use, or any delay or failure on our part to exercise any power or right given to us in these Terms and conditions of use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.

7. All rights and remedies given to us in this Terms and conditions of use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law, equity or under this Agreement.

8. The terms and conditions of Use will be binding upon you and your successors-in-title and assigns.

9. Any and all headings in the text of these Terms and conditions of use are solely for convenience or reference and do not constitute a part of these Terms and conditions of use, nor do they affect the meaning, construction or effect of these Terms and conditions of use.

10. The terms “including” and “includes” as used in these terms and conditions of use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as “including, but not limited to” or “includes, but not limited to.”

11. IMS of Smithfield may assign or delegate its rights, duties or obligations under these Terms and conditions of use without your prior consent. However, you shall not assign or transfer your membership or user id to a third party without the prior written consent of IMS of Smithfield.

12. These Terms and conditions of use are in addition to, and do not nullify, any other agreement between you and IMS of Smithfield governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website.

13. Force Majeure – Neither IMS of Smithfield nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of our obligations with respect to the affected elements under these Terms and conditions of use will be suspended for the duration of such Force Majeure Event.

14. By electronically indicating your agreement to these Terms and conditions of use or accessing the Website or using any of the Content after you have had an opportunity to review these Terms and conditions of use, you acknowledge and agree:

That you and, where applicable, the company or organization on whose behalf we grant you access to the Website intend to form a legally binding contract between you and IMS of Smithfield;
That you have read and understood the contents of and agree to the terms and conditions of Use;
That you agree and intend that these Terms and conditions of use be the legal equivalent of signed, written contracts, and equally binding;
That by electronically agreeing to these Terms and conditions of use, you acknowledge that you have received a copy of these Terms and conditions of use by your viewing a web page containing a hyperlink to the web page where these Terms and conditions of use are displayed or otherwise; and
That if you are executing these Terms and conditions of use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

15. You agree and declare to comply with any and all rules, restrictions and disclaimers that are posted on the Website. All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.