MyHemis.com is a Website/ Application which provides an
online marketplace (“Website/ Application”) where registered suppliers
(“Suppliers”/ “Resellers”/ “Retailers”/ “Service Provider”) can offer to sell
their products & Services to registered users of the Website/ Application
(“Resellers”/ “End Users”). The Website/ Application and the website at https://myhemis.com (“Website”)
(collectively, the “Platform”) are operated by Heftig Digital Services Private
Limited. The Company’s role is limited to the managing Website/ Application and
associated marketing, payment collections, order management, enquiry management
and other incidental services to enable the transactions between the Suppliers,
Resellers, Retailers, Service Provider and the Customer (“Business”,
“Resellers”, “End Users”). The users of this marketplace can use it both on
Mobile, Tabs, PC’s, Desktop and Laptops.
By installing, downloading or even merely visiting or
accessing any part of the Website/ Application or utilising the Services and
accessing the Website, users, including without limitation users who are
browsers, Suppliers, Resellers, Service Providers, merchants, or contributors
of content (collectively, “User”) agree to be bound by the Terms of Use
(“Terms”) contained herein and by other policies of the Company (“Policies”) as
posted on the Website/ Application or Website from time to time. References to
the User in these Terms must be construed in the context in which the term is
used. For instance, a User placing an order should be read as the Suppliers,
Resellers, Retailers, Service Provider and the Customer (“Business”,
“Resellers”, “End Users”) placing an order.
The Terms and the Policies take effect on the date on
which the Website/ Application is downloaded/Website is used and/or the date on
which they are updated, creating a legally binding arrangement between the User
and the Company. The User’s agreement with the Company includes these Terms and
the privacy policy (“Privacy Policy”) available at
https://myhemis.com/privacypolicy (collectively the “Agreement”).
Users can review the most current version of the Terms
and Policies at any time on this page. The Company reserves the right to
unilaterally update, change or replace any part of these Terms by posting
updates or changes to the Website/ Application. It is the responsibility of the
Users to check this page periodically for changes. The Users’ continued use of
or access to the Website/ Application following the posting of any changes
constitutes acceptance of those changes. As long as the User complies with
these Terms, the Company grants the User a personal, non-exclusive,
non-transferable, limited privilege to enter and use our Platforms and
services.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS
ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM,
THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS
UPDATED FROM TIME TO TIME).
USER ELIGIBILITY
User(s)
represent and warrant that they have the right to access or use the Platform.
Persons who are “incompetent to contract” within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to access and use the Platform.
The Platform can
be accessed and used by those individuals or business entities, including sole
proprietorship firms, companies and partnerships, which can form legally
binding contracts under Indian Contract Act, 1872. Only individuals who are
eighteen (18) years of age or older may use the Website/ Application and avail
Services. The Company reserves the right to terminate the Users account and /
or deny access to the Platform if it is brought to the Company’s notice or if
is discovered that the User does not meet the conditions herein.
ACCOUNT REGISTRATION, SUSPENSION AND TERMINATION
The Company does
not permit Users to access and view the contents of the Website/ Application
without registration on the Website/ Application. Users may access the Website/
Application by registering to create an account and become a member. The
membership is limited for the purpose of buying or selling products &
Services, is subject to these Terms, and strictly not transferable.
The Users agree
to provide accurate, current and complete information during the registration
process and to update such information to keep it accurate, current and
complete.
The Users are
required to enter a valid phone number while registering on the Company’s
Platforms. By registering their phone numbers with the Company, the Users
consent to be contacted by the Company via phone calls, SMS notifications or
instant messages, in case of verifications and in case of
subscription/service/promotional updates. The Users may opt of
subscription/service/promotional updates.
Upon
registration, the Users may be required to complete a verification process as
part of setting up their accounts. Once set up, the Users are responsible for
maintaining the confidentiality of their account information, and are fully
responsible for all activities that occur through their accounts. Should there
be instances of any unauthorized use of their accounts or any other breach of
security, the Users are required to notify the Company to stop processing
requests from their accounts, until further instructions.
It is the
responsibility of the Users to provide correct mobile number so that the
Company can communicate with the Users via SMS. The Users understand and agree
that if the Company sends an SMS but the Users do not receive it because the
Users’ mobile number is incorrect or out of date or blocked by the Users; if
the users mobile is out of memory; service provider, or the Users are otherwise
unable to receive SMS, the Company shall be deemed to have provided the
communication to the Users effectively.
The Company
reserves the right to suspend or terminate the account or access to the
Website/ Application including blocking any amounts due to the User and
associated account -
(i) if any
information provided during the registration process or thereafter proves to be
inaccurate, not current or incomplete; and/or
(ii) if, in the
Company’s assessment, the User has (a) charged an unreasonably high price; (b)
unreasonable instances of returns and/or cancellations initiated; (c) engaged
in actions that are fraudulent, negligent or derogatory to the Company’s
interests.
(ii) if the
Users are found to be non-compliant with the Terms, Policies and/or the Privacy
Policy as the case may be.
On registration,
the Users will receive a password protected account and an identification. The
Users agree to:
(i) maintain the
confidentiality of their password;
(ii) take full
responsibility for all activities by Users accessing the Website/ Application
through their account;
(iii)
immediately notify the Company of any unauthorized use of their account or any other breach of
security that they become aware of; and
(iv) ensure that
they exit from their account at the end of each session.
The Users are
solely responsible for all activities that occur under their account and that
all purchases made by them are intended for sale or consumption in the course
of their business/ individual/ personal activities.
It shall be the
responsibility of the User to treat the user identification code, password and
any other piece of information that is provided by the Company, as part of the
security procedures, as confidential and not disclose the same to any person or
entity other than the Company. The Company shall at times and at their sole
discretion reserve the right to disable any user identification code or
password if the Users have failed to comply with any of the provisions of these
Terms, Policies and/or the Privacy Policy as the case may be and/or don’t
follow the rules and regulation prescribed by Indian Constitution Cyber Act (under section 79 3(b) of Information Technology Act, 2000) for the use of IT,
software, Website/ Application and digital content .
Notwithstanding
anything to the contrary herein, the Users acknowledge and agree that they
shall have no ownership or other property interest in their account, and
further acknowledge and agree that all rights in and to their account are and
shall forever be owned by and inure to the benefit of the Company. However, any
and every activity undertaken by a User under his/her account shall be the sole
responsibility of such User and the Company shall not be liable for such
activity in any manner.
AMENDMENT TO THE TERMS
The Company
reserves the right to change, modify, amend, or update these Terms and/ or the
Agreement from time to time and such amended provisions of these Terms and/ or
the Agreement shall be effective immediately upon being posted on the Platform.
If the Users do not agree with such provisions, the Users must stop using the
Platform with immediate effect. The Users’ continued use of the Platform will
be deemed to signify their acceptance of the amended provisions of these Terms
and/ or the Agreement.
ORDERS AND FINANCIAL TERMS
The Website/
Application allows Users to place orders for the products sold by various
Suppliers and the Company will, subject to the terms and conditions set out
herein, facilitate the placement of orders for the products to the Users. The
Company does not own, sell, resell products on its own and/or does not control
the Suppliers. The Company reserves the right to delist any product from the
Website/ Application.
The Users
understand that any order that they place shall be subject to the terms and
conditions set out in these Terms, and any terms and conditions imposed by the
Suppliers concerned.
On receipt of an
order from a User, the Company shall send electronically a confirmation of such
order to the Supplier and the User concerned. Further, the Company may inform
the Users about the availability or unavailability or change in price of the
order as informed by the Supplier concerned. Confirmation of the order shall be
treated as final.
All
commercial/contractual terms are offered by and agreed to between Suppliers and
the Users alone. The commercial/contractual terms include without limitation,
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products, etc. The Company does not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the
Suppliers and the Users. All discounts and offers are by the Suppliers and not
by the Company.
The Users
acknowledge and agree that the Company may, at the request of the Supplier, act
as the payment agent for the limited purpose of accepting payments from them on
behalf of the Supplier. Upon payment of the amounts to the Company, which are
due to the Supplier, the payment obligation to the Supplier for such amounts is
completed, and the Company will be responsible for remitting such amounts, to
the seller. The Users understand, accept and agree that the payment facility provided
by the Company is neither a banking nor financial service but is merely a
facilitator providing a third party payment processor for the transactions on
the Website/ Application. Further, by providing payment facility, the Company
is neither acting as a trustee nor acting in a fiduciary capacity with respect
to the transaction or the transaction price. The Company will not be liable for
any charges made by the Users bank in relation to payment of the total amount
nor company is responsible for any other charges to be paid by the customer as
payment gateway/ nodal charges and/or bank charges along with charges to use
marketplace to sell and buy any product or services. Here the company is only
the facilitator and not responsible for any financial transactions and / or
loss & fraud of money during transaction using any mode of payment over the
payment gateway (Domestic & International Credit Card, Domestic &
International Debit Card, RuPay Card, UPI Payment, Wallet payment or via any other
mode of payment like NEFT, RTGS, IMPS and via bank transactions) as the company
doesn’t comes under PCI-DSS (Payment Card Industry Data Security Standard)
compliance and don’t store any information of the user for real time/ off line
transaction purpose.
The Users agree
to provide current, complete and accurate purchase and user website/
application account information for all purchases made at on the Website/
Application. The Company agrees to promptly update the Users account and other
information, including email addresses and phone/ mobile numbers etc., so that
the Company can complete the transactions on behalf of attached payment
gateway. Further to this attached payment gateway or any other financial
institution that who is authorised by Government of India and have valid
PCI-DSS certificate can store credit card numbers and expiration dates and
which will remain saved not with the company, but with the attached payment
gateway and/ or financial institution only.
In connection
with any order, information such as name, billing address and credit card
information will have to be provided to the third party payment processor. If
the Users are directed to the third party payment processor, they may be
subject to terms and conditions governing use of that third party’s service and
that third party’s personal information collection practices. Users are
requested to review such terms and conditions and privacy policy before using
the Website/ Application.
The Company
merely collects the payment on behalf of the Supplier. All applicable taxes and
levies, the rates thereof and the manner of applicability of such taxes on the
documents are being charged and determined by the Supplier. The Company holds
no responsibility for the legal correctness/validity of the levy of such taxes.
The sole liability with respect to any legal issue arising on the taxes payable
shall be with the Supplier. In case Company is applying any extra charges
including GST, the GST will be paid to the Government by the Company and is
responsible for those extra charges under Maximum Retail Price only.
The transaction
is bilateral between the Suppliers and the Users and, the Company is not liable
to charge or deposit any taxes applicable on such transaction other than the
extra charges plus GST placed by the Company as mentioned above. The Suppliers
are bound by, including without limitation, the following laws:
As per above mentioned
acts and regulations and any other relevant law in place during the tenure of
this association, the Company understands that there is an obligation on the
Supplier to ensure that the package in which the products are sold complies
with labelling and packing requirements and other laws that may be prescribed
in this regard. Hence, it shall be the sole responsibility of the Supplier to
comply with applicable laws and the Company or the company shall not be held
responsible in any manner. Suppliers shall indemnify the Company and the
Platform for any harm or loss in relation to contravention of above
regulations.
USE OF THE WEBSITE/ APPLICATION
The Users agree,
undertake and confirm that the their use of the Platform shall be strictly
governed by these Terms, Policies and the Privacy Policy. The Users shall not
host, display, upload, download, modify, publish, transmit, update or share any
information which:
(a) is grossly
harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic, libellous, slanderous, criminally inciting or invasive of
another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in
any manner whatsoever; or unlawfully threatening or unlawfully harassing
including but not limited to “indecent representation of women” within the
meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(b) is patently
offensive to the online community, such as sexually explicit content, or
content that promotes obscenity, paedophilia, racism, bigotry, hatred or
physical harm of any kind against any group or individual;
(c) harasses or
advocates harassment of another person;
(d) infringes
upon or violates any third party’s rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person’s name, email address, physical address or
phone number) or rights of publicity;
(e) promotes an
illegal or unauthorized copy of another person's copyrighted work, such as
providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices;
(f) tries to
gain unauthorized access or exceeds the scope of authorized access to the
Website/ Application or to the profiles, blogs, communities, account
information, or other areas of the Website/ Application or solicits passwords
or personal identifying information for commercial or unlawful purposes from other
Users;
(g) interferes
with another User’s use and enjoyment of the Platform or any third party users
enjoyment of similar services;
(h) refers to
any website or URL that, in our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that
would be prohibited or violates the spirit of these Terms;
(i) violates any
law for the time being in force;
(j) impersonates
another person;
(k) contains
software viruses or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information; and
directly or
indirectly, offers, attempts to offer, trades or attempts to trade in any item,
(l) the dealing of which is prohibited or restricted in any manner under the
provisions of any applicable law, rule, regulation or guideline for the time
being in force.
By using the
Platform the Users represent and warrant that:
(a) All
registration information submitted by the Users is truthful, lawful and
accurate;
(b) The Users
use of the Website/ Application shall be solely for their use and they shall
not authorize others to use the account;
(c) The Users
will not submit, post, upload, distribute, or otherwise make available or
transmit any information that: (i) is defamatory, abusive, harassing,
insulting, threatening, or that could be deemed to be stalking or constitute an
invasion of a right of privacy of another person; (ii) is bigoted, hateful, or
racially or otherwise offensive; (iii) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (iv) is illegal or encourages or
advocates illegal activity or the discussion of illegal activities with the
intent to commit them;
(d) All
necessary licenses, consents, permissions and rights are owned by the Users and
there is no need for any payment or permission or authorization required from
any other party or entity to use, distribute or otherwise exploit in all
manners permitted by these Terms, Policies and Privacy Policy, all trademarks,
copyrights, patents, trade secrets, privacy and publicity rights and / or other
proprietary rights contained in any Content that the Users submit, post,
upload, distribute or otherwise transmit or make available;
(e) The Users
will not use the Website/ Application in any way that is unlawful, or harms the
Company or any other person or entity;
(f) The Users
will not post, submit, upload, distribute, or otherwise transmit or make
available any software or other computer files that contain a virus or other
harmful component, or otherwise impair or damage the Website/ Application or
any connected network, or otherwise interfere with any person or entity’s use
or enjoyment of the Website/ Application;
(g) The Users
will not use another person’s username, password or other account information,
or another person’s name, likeness, voice, image or photograph or impersonate
any person or entity or misrepresent your identity or affiliation with any
person or entity;
(h) The Users
will not delete or modify any content of the Website/ Application, including
but not limited to, disclaimers or proprietary notices such as copyright or
trademark symbols, logos;
(i) The Users
will not post or contribute any information or data that may be obscene,
indecent, pornographic, vulgar, profane, racist, sexist, discriminatory,
offensive, derogatory, harmful, harassing, threatening, embarrassing,
malicious, abusive, hateful, menacing, defamatory, untrue or political or
contrary to our interest;
(j) The Users
shall not access the Website/ Application without authority or use the Website/
Application in a manner that damages, interferes or disrupts, any part of the
Website/ Application or any equipment or any network on which the Website/
Application is stored or any equipment of any third party;
(k) The Users
will always be in compliance with applicable laws;
(l) The Users
release and fully indemnify the Company and/or any of its officers and
representatives from any cost, damage, liability or other consequence of any of
the actions of the Users of the Website/ Application and specifically waive any
claims that the Users may have in this behalf under any applicable laws of
India. Notwithstanding its reasonable efforts in that behalf, the Company
cannot take responsibility or control the information provided by other Users
which is made available on the Website/ Application.
(m) The Users
shall not attempt to gain unauthorized access to any portion or feature of the
Website/ Application, or any other systems or networks connected to the
Website/ Application by any means. The Users shall not probe, scan or test the
vulnerability of the Website/ Application nor breach the security or authentication
measures on the Website/ Application or any network connected to the Website/
Application.
(n) The Users
agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Website/ Application or any
transaction being conducted on the Website/ Application, or with any other
person’s use of the Website/ Application. The Users may not use the Website/
Application or any of its content for any purpose that is unlawful or
prohibited by these Terms, Policies or the Privacy Policy.
(o) The Users
shall at all times ensure full compliance with the applicable provisions, as
amended from time to time, including that of (i) the Information Technology
Act, 2000 and the rules thereunder; (ii) all applicable domestic laws, rules
and regulations (including the provisions of any applicable exchange control
laws or regulations in force); and (iii) international laws, foreign exchange
laws, statutes, ordinances and regulations (including, but not limited to
Direct and Indirect Taxes applicable as per current statue in the country)
regarding the use of the Website/ Application and listing, purchase,
solicitation of offers to purchase, and sale of products or Services. The Users
shall not engage in any transaction which is prohibited by the provisions of
any applicable law including exchange control laws or regulations for the time
being in force.
(p) In order to
allow the Company to use the information supplied by the Users, without
violating any rights or any laws, the Users agree to grant the Company a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights. The Company will only use the information in
accordance with these Terms of Service and Privacy Policy available at
https://MyHemis.com/privacy, applicable to use of the Website/ Application.
From time to
time, the Suppliers shall be responsible for providing information relating to
the products proposed to be sold by them. In this connection, the Suppliers
undertake that all such information shall be accurate in all respects. The
Suppliers shall not exaggerate or overemphasize the attributes of such products so as to mislead
other Users in any manner.
The Company
reserves the right, but has no obligation, to monitor the materials posted on
the Website/ Application. The Company shall have the right to remove or edit any content that in
its sole discretion violates, or is alleged to violate, any applicable law or
either the spirit of these Terms. In no event shall the Company assume any
responsibility or liability for any content posted or for any claims, damages
or losses resulting from use of content and/or appearance of content on the Website/
Application.
The Company
shall have all the rights to take necessary action and claim damages that may
occur due to the Users involvement/participation in any way either on their own
or through group/s of people, intentionally or unintentionally in hacking.
The Users
understand that their content, may be transferred, unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
The Users
understand and acknowledge that the use of the Website/ Application requires
internet connectivity and telecommunication links. The Users shall bear the
costs incurred to access and use the Website/ Application and avail the
Services, and the Company shall not, under any circumstances whatsoever, be
responsible or liable for such costs.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Company is
not responsible for any inaccuracy, incompleteness or outdated information made
available on the Website/ Application, either provided by the Users or the
Suppliers. The material on the Website/ Application is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. The Users agree that, the Company does not
own any responsibility or obligation whatsoever towards either ensuring the
accuracy of the information provided by the Users. Any reliance on the material
on the Website/ Application is at the Users’ own risk.
The Website/
Application may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. The
Company reserves the right to modify the contents of the Website/ Application
at any time, but has no obligation to update any information on the Website/
Application. The Users agree that it is their responsibility to monitor changes
to the Website/ Application.
Occasionally
there may be information on the Website/ Application that contains
typographical errors, inaccuracies or omissions that may relate to information
pertaining to the products, pricing, promotions, offers, shipping charges,
transit times and availability. The Company reserves the right to correct any
errors, inaccuracies or omissions, and to change or update information if any
information on the Website/ Application is inaccurate at any time without prior
notice.
The Company
undertakes no obligation to update, amend or clarify information in the
Website/ Application, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied to the Website/
Application, should be taken to indicate that all information on the Website/
Application or pertaining to the Services have been modified or updated.
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY
The Company
endeavours to make the Website/ Application available during the Company’s
working hours. However, the Company does not represent that access to the
Website/ Application will be uninterrupted, timely, error free, free of viruses
or other harmful components or that such defects will be corrected.
The Company does
not warrant that the Website/ Application will be compatible with all hardware
and software which is used by the Users. The Company shall not be liable for
damage to, or viruses or other code that may affect, any equipment, software,
data or other property as a result of downloading and installing the Website/
Application.
The Company does
not represent or warrant that the information available on the Website/
Application will be correct, accurate or otherwise reliable. The Suppliers take
sole responsibility for the correctness of the details pertaining to specifics
(such as quality, value, saleability, etc) of the products proposed to be sold
or offered to be sold or purchased on the Website/ Application. The Company
does not implicitly or explicitly support or endorse the sale or purchase of
any products nor provide any warrantee/guarantee of the products sold to the
Users, and in no event shall such products be the responsibility of the Company.
The Company is
not responsible for any non-performance or breach of any contract entered into
between the Suppliers and the Users. The Company cannot and does not guarantee
that the concerned Suppliers will perform any transaction concluded on the Website/
Application. The Company shall not and is not required to mediate or resolve
any dispute or disagreement between the Users concerned.
The Company does
not make any representation or warranty as to the item-specifics (such as legal
title, creditworthiness, identity, etc) of any of its Users.
The Company does
not at any point of time during any transaction between any Supplier and a User
take possession of any of the products offered nor does it at any point gain
title to or have any rights or claims over such products. At no time shall the
Company hold any right, title or interest over the products nor shall the
Company have any obligations or liabilities in respect of such contract entered
into between the Users. The Company is not responsible for damages or delays as
a result of products which are out of stock, unavailable or back ordered.
The Company only
provides a Platform for communication and it is agreed that the contract for
sale of any of the products shall be a strictly bipartite contract between the
Suppliers and the Users concerned.
The Company
shall not be liable for any misuse of the information shared by the Users with
it; or through the Users profile; or with a third party on the Platform, chat
rooms, forums, or comments.
The Website/
Application may be under constant upgrades, and some functions and features may
not be fully operational. The Website/ Application is provided on an “as is”
and “as available” basis. The Company expressly disclaims all warranties of any
kind, whether express or implied with respect to the records and other data
that is made available by it to the Users.
The Company
makes no representation or warranty that: (i) the Website/ Application will be
accurate or reliable; (ii) the Website/ Application will be uninterrupted,
timely, secure, or error-free; (iii) any information that may be obtained from
the use of the Website/ Application will be accurate, timely or complete; or
(iv) any errors in any software used on the site or in connection with the
Website/ Application will be corrected.
The Company does
not represent any of the Users or Suppliers, and disclaims any liability with
respect to any error or inconsistency with respect to any information relating
to such Suppliers or Users displayed on the site. Any information provided with
respect to the Users and fees payable is subject to change without notice. Any
trademark, word mark or intellectual property of any Users or Suppliers belongs
to such Users/Suppliers alone, and the Company has no right or claim over the
same.
Users
acknowledge and agree that the Company is not an arbitrator or judge of
disputes concerning intellectual property and it cannot, by any means, verify
that any Supplier selling or supplying merchandise on the Platform have the
right to sell the products. The Company encourages Users to assist it in
identifying listings on the Platform, which, according to the Users’ knowledge
or belief infringe their rights or third party rights.
The Users
further acknowledge and agree that by taking down a listing, the Company does
not and cannot be deemed to be endorsing a claim of infringement and further in
those instances in which the Company declines to take down a listing, the
Company does not and cannot be deemed to be endorsing that the listing is not
infringing of third party rights or endorsing any sale or supply of merchandise
or services pursuant to or on account of such listing.
The Company
reserves the right in its sole discretion to remove any
material/content/photos/offers displayed on the Platform which in the Company’s
reasonable belief is unlawful or could subject the Company to liability or is
in violation of these Terms or is otherwise found inappropriate in the
Company’s opinion. The Company reserves the right to cooperate with any
investigation in this regard.
The Company
reserves the right to suspend or terminate the account of a User as deemed
appropriate by it. Users agree that the Company shall have no liability to any
Users, including liability in respect of consequential or any other damages, in
the event the Company takes any of the actions mentioned in this clause.
The Company is
not responsible and will have no liability for: (i) any content or products
provided by any persons or entities other than the Company; (ii) damages of any
kind that result from the downloading of any data or any other materials on the
site or through the Website/ Application; or (iii) the failures of the internet
or any data or telecommunications equipment, system or network used in
connection with the Website/ Application.
The Company
shall not be liable for: any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation any financial losses, loss of data, replacement costs, or
any similar damages, whether based in contract, tort, strict liability or
otherwise, arising from the use of the Website/ Application, or for any other
claim related in any way to the use of the Website/ Application, including, but
not limited to, any errors or omissions in any content, or any loss or damage
of any kind incurred as a result of the use of the Website/ Application or any
content posted, transmitted, or otherwise made available via the Website/
Application, even if advised of their possibility.
The Company or
its employees, affiliates, authors or agents shall not be liable to any party
for any losses or injury arising out of or relating to the information provided
on the Website/ Application. In no event will the Company or its employees,
affiliates, authors or agents be liable to the Users or any third party for any
decision made or action taken by the Users. Interlia, the Company does not
guarantee that:
(a) The Platform
will meet the Users’ expectations; or
(b) The Platform
will be accessible without interruption or in a timely, reliable, or fault-free
manner; or
(c) The results
obtained through use of the Platform will be correct and reliable; or
(d) The quality
of the products, services, information, or other material purchased or obtained
by the User through the Platform will meet the User’s expectations.
The Users shall
be solely responsible for damages to their data system or for loss of data
arising from download of content from the Website/ Application. No guidance or
information, written or oral, obtained from the Company or via the Platform,
shall constitute any warranty, unless stated otherwise.
SELLING
Suppliers are
permitted to list products & Services for sale on the Website/ Application
in accordance with the Terms and Policies which are incorporated by way of
reference in this Terms of Service. The Suppliers represent and warrant that
they are legally able to sell or list the products & Services on the
Website/ Application; and the listed items do not infringe upon the
intellectual property, trade secret or other proprietary rights or rights of publicity
or privacy rights of third parties. The Suppliers and the Users agree that the
Company is not responsible for in case any of the party Seller and/or End user/
customer denies for delivery of the product & Services, that will be solely
the responsibility of the Seller to ensure the timely delivery of the Product
& services to the End User/ customer as per the order placed.
After placing a successful order, customer will be able to receive an OTP/ pass code in the user panel/
application and which need to be shared to the delivery person by the customer
to ensure the final delivery confirmation. This is the sole responsibility of
the Supplier to retrieve the customer OTP/ passcode from the customer and then
to pass on the same in the accurate proposed place in the website/ application
to confirm the delivery of the Service and the product or otherwise the
delivery of the product and services will not be tending to complete order and
hence the payment to the Supplier will not be released from the company end. Here
Company has to do nothing with this mutual transaction between the End User/
Customer and Supplier in getting the OTP/ passcode from the End User/ Customer
and then passing on it to the website/ application and confirming the final
delivery status, by the delivery executive from Supplier end. Company will only
be responsible to converting the order status based on the above-mentioned
actions using website/ application.
Company will not
be responsible for the delivery of ordered product and services to the End
User/ customer premises and Seller will only be solely responsible for the
timely delivery of the product & services to the End User/ Customer and to
confirm the final order delivery following the above-mentioned procedure.
In any case if
the End User/ Customer is unable to receive the OTP/ Pass code in his/her user
panel, then initially it is the responsibility of the End User/ Customer to
raise the same with the company over the provided method of communication and
thereafter it is the sole responsibility of the Supplier to update in this
regard to the Company using the appropriate method of communication so as to
confirm the final delivery of the product and the services. In case the issue
of not getting the OTP/ pass code is not been rectified within stipulated time
of delivery of the product, it is always advised to the Supplier to get the
products back from the customer and to decline the order.
PRIVACY
All information
about Users that are collected, stored or transmitted in any way on the
Website/ Application, including any registration information, is subject to our
Privacy Policy (the “Privacy Policy”), available at Privacy Policy .
The information
collected by the Company through the Website/ Application includes Users’
mobile number, bank details and KYC for the limited purpose of fulfilling
transactions on the Website/ Application. Compilation of user accounts and user
accounts bearing contact number and e-mail addresses are owned by the Company.
The Users agree
that information about their use of the Platform through their mobile
telecommunication device may be communicated to the Company, and the Company
may obtain information from the Users’ mobile carrier or mobile device. In
addition, use of the Platform through a mobile telecommunication device may
cause data to be displayed on and through the Users’ mobile device. By
accessing the Platform using a mobile telecommunication device, the Users
represent that to the extent they import any of their data to their mobile
telecommunication device they have authority to share the transferred data with
their mobile carrier or other access provider.
The Users agree
to promptly update their account information in the event of change or deactivation
of their mobile account to ensure that the messages intended for them are not
sent to another person. Failure to do so is the sole responsibility of the
Users. The Users acknowledge that they are responsible for all charges and
necessary permissions related to accessing the Platform through their mobile
access provider. The Company urges the Users to check with their providers to
find out if the Platform is available on their mobile devices.
DISCLOSURE
The Users
acknowledge, consent and agree that the Company may access, preserve and
disclose their account information if required to do so by law or in a good
faith belief that such access, preservation or disclosure is reasonably
necessary to:
(a) comply with
legal process nationally or internationally;
(b) enforce
these Terms;
(c) respond to
the Users’ requests for service or complete the Users’ tasks;
(d) protect the
rights, property or personal safety of the Company, its subscribers and the
public, or pursuant to the terms of the Privacy Policy.
THIRD PARTY LINKS
Certain content
or products available via the Website/ Application may include materials from
third-parties. Third-party links on the Website/ Application may direct the
Users to third-party websites that are not affiliated with the Company. The
Company is not responsible for examining or evaluating the content or accuracy
and does not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or
services of third-parties.
The Company is
not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party’s policies
and practices and make sure to understand them before engaging in any
transactions. Complaints, claims, concerns, or questions regarding third-party
products should be directed to the third-party.
OPTIONAL TOOLS
The Company may
provide you with access to third-party tools over which Company neither
monitors nor has any control nor input. The Users acknowledge and agree that
access to such tools is in an “as is” and “as available” basis, without any
warranties, representations or conditions of any kind and without any
endorsement. The Company shall have no liability whatsoever arising from or
relating to your use of optional third-party tools.
Any use by the
Users of the optional tools offered through the Website/ Application is
entirely at their own risk and discretion and it is the responsibility of the
Users that they ensure that they are familiar with and approve of the terms on
which tools are provided by the relevant third-party provider(s).
The Company may
also, in the future, offer new features through the Website/ Application
(including, the release of new tools and resources). Such new features shall also
be subject to these Terms of Service.
SECURITY COMPONENTS
The Users
understand that the Platform and software embodied within the Platform may
include security components that permit digital materials to be protected, and
that use of these materials is subject to usage rules set by the Company or
other parties that facilitate the same. The Users agree that they will not
attempt to override, disable, circumvent or otherwise interfere with any such
security components and usage rules embedded in the Platform.
INTELLECTUAL PROPERTY
The Company is
either the owner of intellectual property rights or has the non-exclusive,
worldwide, perpetual, irrevocable, royalty free, sub-licensable (through
multiple tiers) right to exercise the intellectual property, on the Website/
Application, and on the material published on it in cases where it may be so
construed. The Users acknowledge that the copyright in the information shared
with the Company by the Suppliers or other content providers may vest in such
persons and not in the Company unless otherwise stated.
“MyHemis.com”
and related icons and logos whether registered or unregistered are the
trademarks of the Company and are protected under applicable copyright,
trademark and other proprietary and intellectual property laws. Users’
unauthorized adoption copying, modification, use or publication of these marks
is strictly prohibited.
All Content
including Information (defined below) is copyrighted to the Company excluding
any third-party content including without limitation, content shared by Suppliers
and any links to any third-party websites being made available or contained on
the Platform. Users may not use any trademark, service mark or logo of any
independent third parties without prior written approval from such parties.
The Users must
not modify the paper or digital copies of any materials printed or downloaded
in any way, and they must not use any illustrations, photographs, video or
audio sequences or any graphics separately from any accompanying text.
The Users must
not use any part of the materials on the Website/ Application for commercial
purposes without obtaining a license to do so from the Company. All rights, not
otherwise claimed under these Terms by the Company are hereby reserved.
Any information
or advertisements contained on, distributed through, or linked, downloaded or
accessed from the Platform or any offer displayed on the Platform
(“Information”) is intended, solely to provide general information for the
personal use of the Users, who fully accept any and all responsibility and
liabilities arising from and out of the use of such Information.
The Company does
not represent, warrant or endorse in any manner the accuracy or reliability of
such Information, or the quality of any products and/or services obtained by
the Users as a result of any such Information.
The Information
is provided “as is” with no guarantee of completeness, accuracy, timeliness or
of the results obtained from the use of the Information, and without warranty
of any kind, express or implied, including, but not limited to warranties of
performance, merchantability and fitness for a particular purpose. Nothing
contained in these Terms shall to any extent substitute for the independent
investigations and the sound technical and business judgment of the Users.
In no event
shall the Company be liable for any direct, indirect, incidental, punitive, or
consequential damages of any kind whatsoever with respect to the User(s) use of
such products.
COMMUNICATIONS
The Company
urges the users to beware of fake offers and fraudulent callers/messengers who
may impersonate themselves as representatives of the Company. The
Company’s authorized representatives will
never contact the Users to demand money for prizes or ask for password/PIN/CVV.
In the event you are asked for confidential details by anyone posing as the
Company’s representatives, please ask them to communicate with you through
email and only respond to emails from MyHemis.com domain.
FORCE MAJEURE
The Company
shall not be liable for any damages whatsoever arising out of force majeure or
other similar circumstances, directly or indirectly affecting the Company
and/or the Platform. Examples of force majeure events include without
limitation real or potential labour disputes, governmental actions, war or
threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding,
explosion, earthquake, provisions or limitations of materials or resources,
inability to obtain the relevant authorization, accident, and defect in
electricity or telecommunication network. Force majeure or other events beyond
the Company’s control. Hindrance, delay or complication in the maintenance of
the Platform entitles the Company to suspend or limit the Platform until
further notice.
INDEMNIFICATION
The Users shall
indemnify, defend, and hold harmless the Company and its subsidiaries,
affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, from and
against any and all losses, liabilities, claims, suits, proceedings, penalties,
interests, damages, demands, costs, and expenses (including legal and statutory
fees and disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by the Company that arise out of, result from, or
in connection with:
(a) the User’s
breach of these Terms;
(b) any claims
made by any third party due to, or arising out of, or in connection with User’s
use of Platform;
(c) the User’s
violation of any rights of another, including intellectual property rights; and
(d) the User’s
violation of any applicable laws.
Notwithstanding
anything to the contrary in these Terms, in no event shall the Company and its
affiliates, if any, be liable to the User or anyone claiming through the User
in respect of any subject matter of these Terms under contract, negligence,
strict liability or other legal or equitable theory for any special,
incidental, indirect, consequential, exemplary or punitive damages, loss of
goodwill, loss of revenue, loss of opportunity, loss of anticipated profits,
whatsoever, including those resulting from loss of use, data or profits,
whether or not foreseeable or whether or not the Company has been advised of
the possibility of such damages, or based on any theory of liability, including
breach of contract or warranty or negligence or any other claim arising out of
or in connection with the use of or access of the Website/ Application.
SEVERABILITY
In the event any
provision of these Terms, Policies or the is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms, such determination shall not affect the
validity and enforceability of any other remaining provisions.
TERMINATION
These Terms are
effective unless and until terminated by either the Company or the Users. The
Users may terminate these Terms of Service at any time by notifying the Company
that they no longer wish to use the Website/ Application or the Services, or
when they cease using the Website/ Application.
If in the
Company’s sole judgment the Users fail, or it is suspected or discovered that
the Users have failed to comply with any term or provision of these Terms, the
Company may also terminate their access to the Website/ Application, or cease
the provision of the services at any time without notice and the Users will
remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny the Users access to the Website/ Application or the
services (or any part thereof).
ENTIRE AGREEMENT
These Terms,
Policies, Privacy Policies and any policies or operating rules posted by the
Company on the Website/ Application constitute the entire agreement and
understanding between the Users and the Company with respect to the Website/
Application, and supersede any prior or contemporaneous agreements,
communications and proposals, whether oral or written, between the Users and
the Company (including, but not limited to, any prior versions of the Terms of
Service).
Here Marketplace
(myhemis.com website/ application) User’s might read as - Suppliers, Resellers,
Retailers, Service Provider, Business, Resellers, End Users, Individuals and/or
any independent identity, any constitutional identity
Here Suppliers
might be read as - Suppliers,
Resellers, Retailers, Service Provider, any constitutional identity
Here Customer
might be read as - Business,
Resellers, End Users, Individuals and/or any independent identity, any
constitutional identity
Any ambiguities
in the interpretation of these Terms shall not be construed against the
Company.
WAIVER
The failure of
the Company to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are
governed by the laws of India. Any action, suit, or other legal proceeding,
which is commenced to resolve any matter arising under or relating to this
Website/ Application, shall be subject to the jurisdiction of the courts at
Ghaziabad, Uttar Pradesh, India.
CONTACT INFORMATION
Questions about
the Terms should be sent to us at help@MyHemis.com or legalsupport@MyHemis.com.
POLICIES
Policies related
to returns/ exchanges, penalties, refunds, cancellation will be updated in the
Website/ Application from time to time. The Company holds the right to change
these policies as required in the Website/ Application without any permission
from the Users.
NOTICES
All notices or
demands to or upon the Company shall in writing and shall be deemed to be duly
made when sent to the registered address of the Company.
All notices or
demands to or upon a User(s) shall be effective if either delivered personally,
sent by courier, certified mail, by facsimile or email to the last-known
correspondence, fax or email address provided by the User(s) on the Platform,
or by posting such notice or demand on an area of the Platform that is publicly
accessible.
Notice to a
User(s) shall be deemed to be received by such User(s) if and when the Platform
is able to demonstrate that communication, whether in physical or electronic
form, has been sent to such User(s), or immediately upon Platform’s posting
such notice on an area of the Platform that is publicly accessible.
MISCELLANEOUS
Headings for any
section of these Terms are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
Further if the
User(s) is unable to understand the English/ Hindi and/or the content of the
Terms & Conditions and the policies for using the said Website/
application, Company will not be hell responsible for the same in any condition
& circumstances.
The Company
shall have the right to assign its obligations and duties in these Terms to any
person or entity.
All calls to the
Company are completely confidential. However, the Users’ calls may be recorded
to ensure quality of service. Further, for training purpose and to ensure
excellent customer service, calls from the Company may be monitored and
recorded.
Partners of the Company and/or any other designated person (if any) are the designated Grievance Officer in respect of these terms. Any complaints or concerns with regard to the Platform or any breach of these Terms or Privacy Policy can be directed to the designated Grievance Officer in writing at the registered address of the Company or through an email signed with electronic signature sent to legalsupport@MyHemis.com .