We reserve the
right to refuse any order placed through the Site. We may, in our sole discretion, limit
or
cancel quantities purchased per person, per household, or per order. These restrictions
may include orders placed
by or under the same customer account, the same payment method, and/or orders
that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.
All
sales are final and no refund will be issued.
8.Â
PROHIBITED ACTIVITIES
You may
not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial
endeavors except those that are specifically endorsed or approved by us.
As
a user of the Site, you agree not to:
- Systematically
retrieve data or other content from the Site to
create or compile, directly or indirectly, a
collection, compilation, database, or directory
without written permission from
us.
- Trick,
defraud, or mislead us
and other users,
especially in any
attempt to learn
sensitive account
information such as user
passwords.
- Circumvent,
disable, or otherwise
interfere with
security-related
features of the Site,
including features that
prevent or restrict the
use or copying of any
Content or enforce
limitations on the use
of the Site and/or the
Content contained
therein.
- Disparage,
tarnish, or otherwise
harm, in our opinion, us
and/or the
Site.
- Use
any information obtained
from the Site in order
to harass, abuse, or
harm another
person.
- Make
improper use of our
support services or
submit false reports of
abuse or
misconduct.
- Use
the Site in a manner
inconsistent with any
applicable laws or
regulations.
- Engage
in unauthorized framing
of or linking to the
Site.
- Upload
or transmit (or attempt
to upload or to
transmit) viruses,
Trojan horses, or other
material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party’s uninterrupted
use and enjoyment of the
Site or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the
Site.
- Engage
in any automated use of
the system, such as
using scripts to send
comments or messages, or
using any data mining,
robots, or similar data
gathering and extraction
tools.
- Delete
the copyright or other
proprietary rights
notice from any
Content.
- Attempt
to impersonate another
user or person or use
the username of another
user.
- Upload
or transmit (or attempt
to upload or to
transmit) any material
that acts as a passive
or active information
collection or
transmission mechanism,
including without
limitation, clear
graphics interchange
formats (“gifsâ€),
1×1 pixels, web bugs,
cookies, or other
similar devices
(sometimes referred to
as “spyware†or
“passive collection
mechanisms†or
“pcmsâ€).
- Interfere
with, disrupt, or create
an undue burden on the
Site or the networks or
services connected to
the
Site.
- Harass,
annoy, intimidate, or
threaten any of our
employees or agents
engaged in providing any
portion of the Site to
you.
- Attempt
to bypass any measures
of the Site designed to
prevent or restrict
access to the Site, or
any portion of the
Site.
- Copy
or adapt the Site’s
software, including but
not limited to Flash,
PHP, HTML, JavaScript,
or other
code.
- Except
as permitted by
applicable law,
decipher, decompile,
disassemble, or reverse
engineer any of the
software comprising or
in any way making up a
part of the
Site.
- Except
as may be the result of
standard search engine
or Internet browser
usage, use, launch,
develop, or distribute
any automated system,
including without
limitation, any spider,
robot, cheat utility,
scraper, or offline
reader that accesses the
Site, or using or
launching any
unauthorized script or
other
software.
- Use
a buying agent or
purchasing agent to make
purchases on the
Site.
- Make
any unauthorized use of
the Site, including
collecting usernames
and/or email addresses
of users by electronic
or other means for the
purpose of sending
unsolicited email, or
creating user accounts
by automated means or
under false
pretenses.
- Use
the Site as part of any
effort to compete with
us or otherwise use the
Site and/or the Content
for any
revenue-generating
endeavor or commercial
enterprise.
-
Use the Site to advertise or offer
to sell goods and services.
-
Sell or otherwise transfer your
profile.
9.Â
USER GENERATED
CONTRIBUTIONS
The
Site does not
offer users to
submit or post
content. We may
provide you with
the opportunity
to create,
submit, post,
display,
transmit,
perform,
publish,
distribute, or
broadcast
content and
materials to us
or on the Site,
including but
not limited to
text, writings,
video, audio,
photographs,
graphics,
comments,
suggestions, or
personal
information or
other material
(collectively,
"Contributions").
Contributions
may be viewable
by other users
of the Site and
through
third-party
websites. As
such, any
Contributions
you transmit may
be treated in
accordance with
the Site Privacy
Policy. When you
create or make
available any
Contributions,
you thereby
represent and
warrant
that:
- The
creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary
rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third
party.
- You are the
creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us,
the Site, and other users of the Site to use your Contributions
in any manner contemplated by the Site and these Terms of
Use.
- You have
the written consent, release, and/or permission of each and
every identifiable individual person in your Contributions to
use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Site and these
Terms of Use.
- Your
Contributions are not false, inaccurate, or
misleading.
- Your
Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam,
mass mailings, or other forms of
solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise
objectionable (as determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
- Your
Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence
against a specific person or class of
people.
- Your
Contributions do not violate any applicable law, regulation, or
rule.
- Your
Contributions do not violate the privacy or publicity rights of
any third party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors;
- Your
Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference,
or physical handicap.
- Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable
law or regulation.
Any
use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or
suspension of your rights to use the Site and the
Marketplace Offerings.
10.Â
CONTRIBUTION LICENSE
You and
Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting
suggestions or other feedback regarding the Site, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do
not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area
on the Site. You are solely responsible for your Contributions to the Site and
you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
11.Â
GUIDELINES FOR REVIEWS
We may provide
you areas on the Site to leave reviews or ratings. When posting a review, you must
comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity,
or abusive, racist, offensive, or hate language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital
status, sexual orientation, or disability; (4) your reviews should not contain
references to illegal activity; (5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any conclusions as to the legality of
conduct; (7) you may not post any false or misleading statements; and (8) you may not
organize a campaign encouraging others to post reviews, whether positive or
negative.
We may
accept, reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or
partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you
hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce,
modify, translate, transmit by any means, display, perform, and/or distribute
all content relating to review.
12.Â
SOCIAL MEDIA
As
part of the functionality of the Site, you may link your
account with online accounts you have with third-party
service providers (each such account, a “Third-Party
Accountâ€) by either: (1) providing your Third-Party
Account login information through the Site; or (2)
allowing us to access your Third-Party
Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party
Account. You represent and warrant that you are entitled
to disclose your Third-Party
Account login information to us and/or grant us access
to your Third-Party
Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by
the third-party service provider of the Third-Party
Account. By granting us access to any Third-Party
Accounts, you understand that (1) we may access, make
available, and store (if applicable) any content that
you have provided to and stored in your Third-Party
Account (the “Social Network Contentâ€) so that it is
available on and through the Site via your account,
including without limitation any friend lists and (2) we
may submit to and receive from your Third-Party
Account additional information to the extent you are
notified when you link your account with the Third-Party
Account. Depending on the Third-Party
Accounts you choose and subject to the privacy settings
that you have set in such Third-Party
Accounts, personally identifiable information that you
post to your Third-Party
Accounts may be available on and through your account on
the Site. Please note that if a Third-Party
Account or associated service becomes unavailable or our
access to such Third-Party
Account is terminated by the third-party service
provider, then Social Network Content may no longer be
available on and through the Site. You will have the
ability to disable the connection between your account
on the Site and your Third-Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We
make no effort to review any Social Network Content for
any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not
responsible for any Social Network Content. You
acknowledge and agree that we may access your email
address book associated with a Third-Party
Account and your contacts list stored on your mobile
device or tablet computer solely for purposes of
identifying and informing you of those contacts who have
also registered to use the Site. You can deactivate the
connection between the Site and your Third-Party
Account by contacting us using the contact information
below or through your account settings (if applicable).
We will attempt to delete any information stored on our
servers that was obtained through such Third-Party
Account, except the username and profile picture that
become associated with your account.
13.Â
SUBMISSIONS
You acknowledge and agree
that any questions, comments, suggestions, ideas, feedback, or other information regarding the
Site or the Marketplace Offerings ("Submissions") provided by you to us are non-confidential and
shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
14.Â
SITE MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions
or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability,
to remove from the Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed
to protect our rights and property and to facilitate the proper functioning of the Site and the
Marketplace Offerings.
15.Â
PRIVACY POLICY
We care about
data privacy and security. By using the Site or the Marketplace Offerings, you agree to
be bound by our Privacy Policy posted on the Site, which is incorporated into these
Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in
India
. If you access the Site or the Marketplace Offerings from any other region of
the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
India
, then through your continued use of the Site, you are transferring your data to
India
, and you expressly consent to have your data transferred to and processed in
India
.
16.Â
TERM AND TERMINATION
These Terms of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT ANDÂ
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating
a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action,
including without limitation pursuing civil, criminal, and injunctive redress.
17.Â
MODIFICATIONS AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Site at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or
part of the Marketplace Offerings without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance
of the Site or the Marketplace Offerings.
We cannot
guarantee the Site and the Marketplace Offerings will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance related
to the Site, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you. You agree
that we have no liability whatsoever for any loss, damage, or inconvenience caused by
your inability to access or use the Site or the Marketplace Offerings during any
downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these
Terms of Use will be construed to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections, updates, or releases in connection
therewith.
18.Â
GOVERNING LAW
These terms
shall be governed by and defined following the laws of
India
. Humanity Infotek and yourself irrevocably consent
that the courts of
India
shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these terms.
19.Â
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms
or the relationship established by this Agreement to the jurisdiction of the
India
courts. Humanity
Infotek shall also maintain the right to bring proceedings as to the
substance of the matter in the courts of the country where you reside or, if these Terms
are entered into in the course of your trade or profession, the state of your principal
place of business.
20.Â
CORRECTIONS
There
may be information on the Site that contains typographical errors, inaccuracies, or omissions
that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without prior notice.
21.Â
DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
22.Â
LIMITATIONS OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
23.Â
INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation of the rights of
a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any
other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us,
and you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or
proceeding which is subject to this indemnification upon becoming aware of
it.
24.Â
USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25.Â
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY
OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SITE. You hereby waive any rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature
or delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
26.Â
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a waiver of such right or
provision. These Terms of Use operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Terms of
Use is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use and does not affect the validity
and enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Terms
of Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you
may have based on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
27.Â
CONTACT US
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the Site, please contact us at:
Humanity Infotek
46,Kerala Club Rd
Coimbatore
, Tamil Nadu
641018
India
Phone: 09751282555
info@humanityinfotek.com