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1.ACCEPTANCE OF TERMS
1.1 The www.hndmd.com ("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 HNDMD shall 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.
3. PRIVACY POLICY
3.1 The Users hereby consent, express and agree that he/she have
read and fully understood the Privacy Policy of HNDMD in respect of the
Website, as set out in Privacy Policy. The Users further consent that
the terms and contents of such Privacy Policy are acceptable to him/her.
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.
7.2 HNDMD reserves the right, but has no obligation, to monitor the
materials posted in the public areas of the Sites. HNDMD 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 or letter of these Terms of Use. Notwithstanding this right of
HNDMD , YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS
YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES.
Please be advised that Content posted in public areas of the Sites does
not necessarily reflect the views of HNDMD . In no event shall HNDMD
assume or have 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 Sites. You hereby represent and warrant
that you have all necessary rights in and to all Content you provide and
all information it contains and that such Content shall not infringe
any proprietary or other rights of third parties or contain any
libellous, tortuous, or otherwise unlawful information.
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.
8.2 The Users agree that HNDMD may under certain circumstances and
without prior notice, immediately terminate the Users’ user id and
access to the Website/Services. Causes for termination may include, but
shall not be limited to, breach by the Users of this Agreement or the
Privacy Policy, Buying and selling forbidden products, requests by
enforcement or government agencies, requests by the Users, non-payment
of fees owed by the User in connection with the Services as specified.
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, colour etc. may be required due to
limitations caused by availability of product difference in size charts
of respective brands etc.
11. PRICING
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
12. BREACH
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:
a) the Users are in breach of this agreement, the privacy policy and/or the documents it incorporates by reference;
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.
14. HEADINGS
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.
16. INDEMNIFICATION
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..
17. SEVERABILITY
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