TERMS, CONDITIONS, AND USER AGREEMENT:

May 2017 

Agreement. Use of and access to SMRF’s web contents, database, e-mail, and/or mobile application properties, if any, as well as any related content, regardless of media, is subject to the terms, conditions, and disclaimers set forth below and to all applicable laws and regulations. SMRF reserves the right to modify these disclaimers, terms, and conditions of access without advance notice. This agreement constitutes a binding contract between SMRF and you, the user. By accessing one of SMRF’s web, database, e-mail, and/or mobile application properties, you hereby accept this User Agreement in full. As a material condition of such access and use, you warrant that you are over the age of eighteen and that you have provided complete and accurate information in any communication with SMRF.

SMRF Database. SMRF database contains information on safety ratings, labelling and certifications of products that are available in the market. All these information can potentially change. SMRF safety ratings are based on existing scientific facts, on the availability of new information rating can vary. Information available should be considered as an effort to assist consumers to make informed choices. SMRF makes no representations or warranties about any of the products rated on its web, database, or products referenced in e-mail messages. SMRF hereby disclaims all warranties with regard to the products rated on its web, database, and mobile application properties, or products referenced in e-mail messages, including express warranties, statutory warranties, implied warranties of merchantability, or warranties of fitness for a particular purpose. 

Accuracy. SMRF will continuously work towards ensuring that any information on our website is up to date. The product ratings, images, conclusions, recommendations, and findings that appear on web, database, and mobile application properties, or in e-mail messages, reflect SMRF’s research at the time of publication which can subject to change. Value judgement of products is purely based on SMRF’s rating guidelines. SMRF guidelines categorises products as poor, moderate and good based on health risk indicators and data quality indicators. SMRF understands that these values or judgements made by SMRF maybe not agreeable to some users. Please note weightage of the health and data quality is a subjective issue and may face different view of opinion.

Personal Use. Any information available on SMRF website, database, email or mobile application is solely for your personal, non-commercial use. They are meant to help consumers make informed choices about their health and safety. You may not develop or derive for commercial sale, or any other use, any data in machine-readable or other form that incorporates or uses any substantial part of SMRF’s web, database, e-mail, and/or mobile application properties, nor transfer to or store any data residing or exchanged over SMRF’s web, database, e-mail, and/or mobile application properties in any electronic network for use by more than one user, unless you obtain prior written permission from SMRF. Specifically, unless explicitly authorized in these terms and conditions, or authorized by prior written agreement with SMRF you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from SMRF’s web, database, e-mail, and/or mobile application properties.

Reproducing SMRF Materials. SMRF welcomes requests to reproduce SMRF materials, including, but not limited to, articles, reports, blog entries, press releases, videos, images and photos. For more information about sharing SMRF’s work in any medium, including online and in hard copy, please visit our Reprint Permissions page.

Use of SMRF Verified Logo Trademarks. Please be advised that you may not use SMRF’S verified logo trademarks, company logos, domain names and similar designations of source or origin (“SMRF’s Marks”) to develop, manufacture, promote, market, distribute, and/or sell products without first obtaining permission.  If you are a company interested in using SMRF’s Marks or would like to find a way to partner with us, please e-mail:  contactus@safetymonitor.org.

SMRF VERIFIED™ LOGO is an effort to bring more transparency and improve the quality of ingredients in products in the market. SMRF verified logo on a product assists the consumer to make an informed choice. The logo essentially means that the product ingredients and claims are verified by a third party. To learn more about what the logo means and/or how to participate in the program, visit https://safetymonitor.org/verified-program/. For the sake of clarity, you may not use the SMRF VERIFIED LOGO™ mark without first going through the assessment process and obtaining the requisite approval.

Risk Warning By accessing SMRF’s web, database, e-mail, and/or mobile application properties, you acknowledge that any reliance upon any advice, opinion, statement, recommendation, or other information displayed or distributed through SMRF’s web, database, e-mail, and/or mobile application properties is at your sole risk. SMRF reserves the right, in its sole discretion and without notice, to correct any errors, omissions, or publish any update in any portion of SMRF’s web, database, e-mail, and mobile application properties. SMRF’s opinions, findings, ratings and any other source information via media will be published on its website. All information is provided with an aim to assist the consumers. SMRF shall not be responsible for any decisions made by the consumers.  

Medical Disclaimer. Any and all information and advice that SMRF makes available through its products and services, including through its web, database, e-mail, and mobile application properties, are for general informational purposes only and are not intended as, nor should they ever be considered a substitute for, professional medical advice. Do not use such information or advice for diagnosing or treating any medical or health condition. Always consult a physician or other qualified healthcare provider in all matters related to your health and/or the health of any family member, friend, or acquaintance, including questions about medical conditions, particularly regarding symptoms that may require diagnosis or medical care. Never disregard or delay seeking professional medical advice or care because of something you have read on any of SMRF’s web, database, e-mail, articles and mobile application properties. SMRF will not be liable to any eventuality or any personal loss that may have arisen due to failure of seeking advice or refusing a treatment. Any judgment or decision will be at your sole risk and SMRF information cannot be treated as warranties. 

Indemnification. You hereby agree to indemnify, defend, and hold harmless to the fullest extent permitted by law SMRF, and its officers, directors, representatives, agents, advisors, contractors, and employees, from and against any and all losses, liability, damages, costs, and expenses (including reasonable attorneys’ and consultants’ fees and disbursements, costs and expenses of investigation and litigation, and costs and expenses of settlement, judgment, interest and penalties) incurred by SMRF from any claims of any third person (including governmental agencies and authorities) arising out of, based upon, or resulting from: (1) breach or alleged breach of any of your representations, warranties, or obligations set forth in this User Agreement; (2) your reliance upon any advice, opinion, statement, recommendation, or other information displayed or distributed through SMRF’s web, database, e-mail, and/or mobile application properties; or (3) your manufacture, sale, distribution, promotion, advertisement, or use of any products, including claims related to personal injury or property damage. You shall cooperate as fully as reasonably required in the defence of any claim.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT THE USE OF SMRF’S ONLINE CONTENT AND SERVICES, INCLUDING SMRF’S WEB, DATABASE, E-MAIL, AND/OR MOBILE APPLICATION PROPERTIES, IS AT YOUR SOLE RISK. SMRF’S CONTENT IS PROVIDED ON AN ‘AS IS’ BASIS AND SMRF MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SMRF DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE, RECOMMENDATION, OPINION, OR OTHER INFORMATION OBTAINED THROUGH SMRF’S WEB, DATABASE, E-MAIL, AND/OR MOBILE APPLICATION PROPERTIES, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM SMRF NOT EXPRESSLY STATED IN THIS AGREEMENT. EXCEPT AS OTHERWISE STATED, SMRF MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON SMRF’S WEB, DATABASE, E-MAIL, AND/OR MOBILE APPLICATION PROPERTIES, OR ANY WEBSITE LINKED TO SMRF’S DATABASES.

SMRF FURTHER DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY PRODUCTS MADE AVAILABLE TO MEMBERS OF THE PUBLIC THROUGH ANY SMRF PROPERTIES OR E-MAILS, FOR EXAMPLE (BUT NOT LIMITED TO) CONSUMER GUIDES, GIFT BAGS AND THEIR CONTENTS, AND PRODUCT SAMPLE PACKS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

SMRF DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY THIRD-PARTY PRODUCTS DISPLAYING SMRF MARKS, INCLUDING BUT NOT LIMITED TO THE SMRF VERIFIEDTM MARK, ON THE PRODUCT’S PACKAGING OR IN ANY MARKETING MATERIALS, INCLUDING EXPRESS WARRANTIES, STATUTORY WARRANTIES, IMPLIED WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

SMRF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER EWG WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, EWG’S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Third-Party Sites. SMRF’s web, database, e-mail, and mobile application properties may contain links and pointers to other sites on the Internet, which may be maintained by third-parties. Such links do not constitute an endorsement by SMRF of any third-party site or any materials contained therein. SMRF does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.

Fee-Shifting, Choice of Law. If you attempt to bring any legal action against SMRF based in any way on its products or services, including SMRF’s web, database, e-mail, and/or mobile application properties, you agree that, in the event you do not prevail or SMRF does prevail, you will reimburse SMRF for any costs and attorneys fees associated with SMRF’s defence of the action. Use of or access to SMRF’s web, database, e-mail, and/or mobile application properties and any claim or dispute relating to SMRF’s web, database, e-mail, and/or mobile application properties shall be governed by the Indian laws, without regard to its conflicts of law principles. Any claims, disputes, or litigation arising in connection with the use of or access to SMRF’s web, database, e-mail, and/or mobile application properties will be brought solely in the Indian court of law, and you consent to the jurisdiction of such courts.  Use of or access to SMRF’s web, database, e-mail, and/or mobile application properties is unauthorized in any jurisdiction that does not give full effect to all provisions of these terms of service, including without limitation this paragraph. If any provision or portion of these terms and conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire User Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

For all other questions or suggestions, including those regarding our Terms, Conditions, and User Agreement, please email at: contactus@safetymonitor.org.