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1.ACCEPTANCE OF TERMS
1.1 The www.hndmd.in ("Website") is a domain owned and operated by HNDMD, a proprietorship business under the laws of India.
1.2 This User Agreement ("Agreement") sets out the terms and conditions on which HNDMDshall provide the Services to the Users through the Website. The Users shall be deemed to have read, understood and accepted this Agreement, which may be updated or modified by HNDMD from time to time.
1.3 The use of the Website is offered to the Users conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and as may be posted on the Website from time to time. This Agreement shall be effective and binding upon Users’ 'acceptance'. 'Acceptance' shall mean Users’ affirmative action in clicking on "I have read the Terms and Conditions and I accept them" box and on the Submit button as provided on the registration page. For removal of doubts, it is clarified that use of the Website by the Users constitutes an acknowledgement and acceptance by the Users of this Agreement. If the Users does not agree with any part of such terms, conditions and notices, the Users must not use the Website.
1.4 HNDMD at its sole discretion reserves the right not to facilitate acceptance of any request by the users for listing, display or offering any products and services through the website without assigning any reason thereof. Any contract to provide any service by HNDMD is not complete until the entire consideration towards the service is received by HNDMD .
2. MODIFICATION OF TERMS
2.1 HNDMD reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The Users shall be responsible for regularly reviewing these terms and conditions.
4. LIMITED USE/PROHIBITION AGAINST UNLAWFUL USE
4.1 The Users agree and undertake not to buy, trade, resell or exploit for any commercial or non commercial purposes, any part of Service.
4.2 As condition of the use of the Website, the Users warrant that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms Of Services including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden, or impair the Website or interfere with any other party's use and/or enjoyment of the Website or cause any damage or hamper with the business of HNDMD . The Users shall refrain from obtaining or attempting to obtain any material or information through any means not intentionally made available or provided for or through the Website.
4.3 "Users Information" is defined as any information provided to HNDMD in the registration, buying process, in the feedback area or through any e-mail feature. The Users are solely responsible for User Information, and HNDMD acts only as a passive conduit for Users’ online distribution and publication of Users Information. HNDMD is in no way responsible for correctness of any Users information.
4.4 The Users further agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that HNDMD's name is stated as the source and prior written permission of HNDMD is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, any copyright violation and unwarranted modification of data and information within the content of the Website is not permitted.
4.5 No AdvertisingAny type or format of texts and graphics published by a User on the Website (offers, evaluations, entries as part of the “Questions and Answers function”, etc.) or communicated in any other way through the Website shall not contain any form of advertising for products which the User is not currently, or in the immediate future, selling on the Website.
4.6 No contractual conclusion outside of the Website.Any type or format of texts and graphics published by a User on the Website must not target contract conclusions outside of the Website, or directly or indirectly request the same.
5. DICLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1 HNDMD has endeavored to ensure that all the information on the Website is correct, but HNDMD neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall HNDMD be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall HNDMD be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, HNDMD shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond HNDMD’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
6. LINKS TO THIRD PARTY SITES
6.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HNDMD or the Website and HNDMD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HNDMD is not responsible for any form of transmission, whatsoever, received by the Users from any Linked Site. HNDMD is providing these links to the Users only as convenience, and the inclusion of any link does not imply endorsement by HNDMD or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
7. USE OF COMMUNICATION SERVICES
7.1 The Website may contain services such as email, chat, bulletin board services, information related to various news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The Users agree and undertake to use the Communication Services only to post, send / receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the Users agree and undertake that when using a Communication Service, the Users will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, pornographic, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless the Users own or control the rights thereto or have received all necessary consents;
d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
(f) conduct or forward surveys, contests, pyramid schemes or chain letters;
(g) download any file posted by another user of a Communication Service that the Users know, or reasonably should know, cannot be legally distributed in such manner;
(h) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(i) violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
(j) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
7.3 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Users are responsible for keeping themselves updated of and adhering to such limitations if they download the materials.
8. TERMINATION OF AGREEMENT AND SERVICES/ACCESS RESTRICTION
8.1 HNDMD reserves the right, in its sole discretion, to terminate access to the website and the related services or any portion thereof at any time, without any prior notice.
8.3 This Agreement may be terminated by the User only through a written notice to HNDMD or by sending an email to HNDMD on [email protected] as long as all the requirements below are met: ·
The User's account status has been settled, i.e. there is no balance in favour of HNDMD .
Should the User object to any terms and conditions of this Agreement,
or become dissatisfied with the Service in any way, the User's only
recourse is to immediately: (a) discontinue use of the Website/Service;
and (b) notify HNDMD of such discontinuance.
8.4 Upon termination of the Service, User's right to use the Website/Services shall immediately cease. The User shall have no right and HNDMD shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later and the User shall have no right over the same.
9. USER'S OBLIGATIONS AND USER'S ACCOUNT
9.1 The Users understands that the Services may include certain communications from HNDMD as service announcements and administrative messages.
9.2 Registration of the Users on the Website is optional. Only limited access to the Website is available to non-registered Users. Non-registered Users may not be permitted to avail the Services on the Website. In order to obtain increased access to the Website and to avail the Services the Users are required to register on the Website as a registered User. If the Users opt to register himself/herself on the Website, upon completion of the registration process, the Users shall receive a user id and password. The Users agree and undertake at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the Users agree not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party.
9.3 The Users also agree and undertake to immediately notify HNDMD of any unauthorized use of the user id or user's password or and to ensure that the user logs off at the end of each session at the website. HNDMD shall not be responsible for any, direct or indirect loss or damage arising out of the Users’ failure to comply with this requirement.
9.4 The Users also agree to: (a) provide true, accurate and complete information about himself/herself and his/her beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or HNDMD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HNDMD has the right to suspend or terminate the Users’ registration and refuse any and all current or future use of the Website and/or any Service.
9.5 Furthermore, the Users grant HNDMD the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
9.6 Users agree to comply with all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding his/her use of HNDMD service and his/her bidding on, listing, purchase, solicitation of offers to purchase, and sale of products or services. Users agree to not engage in any transaction of product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
10. EXACTNSES NOT GUARANTEED
10.1 It is understood by the Buyer, that Pictures of the Products shown are merely indicative and are not an identical representation of the actual product. HNDMD hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
11.1 Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. However, as an interface feature, prices may additionally be provided in other currencies. Prices, products and Services may change at HNDMD’s discretion
Without prejudice to the other remedies available to HNDMD under this agreement or under applicable law, HNDMD may limit the Users activity, or end the Users listing, warn other Users of the Users actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
b) HNDMD is unable to verify or authenticate any information provided by the Users; or
c) HNDMD believes that the Users actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the Users, other users of the website and/or HNDMD .
12.1 HNDMD may at any time in its sole discretion reinstate suspended Users. Once the User have been indefinitely suspended the Users may not register or attempt to register with HNDMD or use the website in any manner whatsoever until such time that the Users are reinstated by HNDMD . Notwithstanding the foregoing, if the Users breach this agreement, the terms of service or the documents it incorporates by reference, HNDMD reserves the right to recover any losses, damages, claims suffered or incurred by HNDMD and any amounts due and owing by the Users to HNDMD and to take legal action as HNDMD deems necessary.
13. PROPRIETARY RIGHTS
13.1 HNDMD may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by HNDMD and shall not copy, transmit or create derivative works of such material without express authorization from HNDMD .
13.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the Terms Of Service or the right to use the Website by the Users contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
15. INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
The Users agree to indemnify, defend and hold harmless HNDMD and the website, HNDMD's affiliates, third parties and their respective officers, directors, agents and employees from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by HNDMD and/or the website that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Users pursuant to this agreement and/or the Terms of Service..
If any provision of this Agreement 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 Agreement shall continue to be in full force and effect.
18. NOTICE OF GRIEVANCES
We are not liable for any infringement of copyright arising out of materials posted on or transmitted by you using our Services through our Communication Facilities, or items advertised using our Services, by you or any other user, subscriber or third party. If you come across any abuse or violation of these Terms, please report to [email protected]
This document is an electronic record in terms of Information Technology Act, 2000 and 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.
19. CANCELLATION AND RETURNS
HNDMD has no cancellation policy, and any changes from the same would be on a case by case basis at the sole discretion of HNDMD . Refund Policies are applicable as mentioned on the HNDMD FAQ's page