Please read the
following terms and conditions very carefully as your use of service is subject
to your acceptance of and compliance with the following terms and conditions
("Terms").
By subscribing to
or using any of our services you agree that you have read, understood and are
bound by the Terms, regardless of how you subscribe to or use the services. If
you do not want to be bound by the Terms, you must not subscribe to or use our
services. These Terms and various other policies are binding as per the
provisions of the Information Technology (Intermediaries guidelines) Rules,
2011 formulated under the Information Technology Act of 2000.
In these Terms,
references to "you", "User" shall mean the end user
accessing the Website, its contents and using the Services offered through the
Website, "Service Providers" mean independent third party service
providers, and "we", "us" and "our" shall mean
Vector E-commerce Private Limited and its affiliates.
1. Introduction:
a)
www.hhpestrelief.com ("Website") is an Internet based content and
e-commerce portal, a company incorporated under the laws of India.
b) Use of the
Website is offered to you conditioned on acceptance without modification of all
the terms, conditions and notices contained in these Terms, as may be posted on
the Website from time to time. www.hhpestrelief.com at its sole discretion
reserves the right not to accept a User from registering on the Website without
assigning any reason thereof.
2. User Account,
Password, and Security:
You will receive
a password and account designation upon completing the Website's registration
process. You are responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify
www.hhpestrelief.com of any unauthorized use of your password or account or any
other breach of security, and (b) ensure that you exit from your account at the
end of each session. www.hhpestrelief.com cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section 2.
3. Services
Offered:
www.hhpestrelief.com
provides a number of Internet-based services through the Web Site (all such
services, collectively, the "Service"). One such service enables
users to purchase original products such as seeds and accessories from various
supplier brands (collectively, "Products"). The Products can be
purchased through the Website through various methods of payments offered. The
sale/purchase of Products shall be additionally governed by specific policies
of sale, like cancellation policy, return policy, etc. and all of which are
incorporated here by reference. In addition, these terms and policies may be
further supplemented by Product specific conditions, which may be displayed on
the webpage of that Product.
4. Privacy
Policy:
The User hereby
consents, expresses and agrees that he has read and fully understands the
Privacy Policy of www.hhpestrelief.com. The user further consents that the
terms and contents of such Privacy Policy are acceptable to him.
5. Limited User:
The User agrees
and undertakes not to reverse engineer, modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information or software obtained from the Website.
Limited reproduction and copying of the content of the Website is permitted
provided that www.hhpestrelief.com's name is stated as the source and prior
written permission of www.hhpestrelief.com 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 and unwarranted modification
of data and information within the content of the Website is not permitted.
6. User Conduct
and Rules:
You agree and
undertake to use the Website and the Service only to post and upload messages
and material that are proper. By way of example, and not as a limitation, you
agree and undertake that when using a Service, you 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, 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 you own or control the rights thereto or have received all necessary
consents; you 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) conduct or
forward surveys, contests, pyramid schemes or chain letters;
(f) download any
file posted by another user of a Service that you know, or reasonably should
know, cannot be legally distributed in such manner;
(g) 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;
(h) violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service;
(i) violate any
applicable laws or regulations for the time being in force in or outside India;
and
(j) violate,
abuse, unethically manipulate or exploit, any of the terms and conditions of
this Agreement or any other terms and conditions for the use of the Website
contained elsewhere.
7. User Warranty
and Representation:
The user
guarantees, warrants, and certifies that you are the owner of the content which
you submit or otherwise authorised to use the content and that the content does
not infringe upon the property rights, intellectual property rights or other
rights of others. You further warrant that to your knowledge, no action, suit,
proceeding, or investigation has been instituted or threatened relating to any
content, including trademark, trade name service mark, and copyright formerly
or currently used by you in connection with the Services rendered by
www.hhpestrelief.com.
8. Exactness Not
Guaranteed:
www.hhpestrelief.com
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 supplier brand, quantity etc. may be required due to
limitations caused by availability of product difference in quantity charts of
respective brands etc. In this instance you agree that www.hhpestrelief.com
will send an approval request via the email address, which you submitted when
placing your order. If you do not agree with the requested change you retain
the right to reject the requested product change by replying to it within 10
days of it being sent to you.
9. Intellectual
Property Rights:
a) Unless
otherwise indicated or anything contained to the contrary or any proprietary
material owned by a third party and so expressly mentioned,
www.hhpestrelief.com owns all Intellectual Property Rights to and into the
Website, including, without limitation, any and all rights, title and interest
in and to copyright, related rights, patents, utility models, trademarks, trade
names, service marks, designs, know-how, trade secrets and inventions (whether
patentable or not), goodwill, source code, meta tags, databases, text, content,
graphics, icons, and hyperlinks. You acknowledge and agree that you shall not
use, reproduce or distribute any content from the Website belonging to
www.hhpestrelief.com without obtaining authorization from www.hhpestrelief.com.
b)
Notwithstanding the foregoing, it is expressly clarified that you will retain
ownership and shall solely be responsible for any content that you provide or
upload when using any Service, including any text, data, information, images,
photographs, music, sound, video or any other material which you may upload,
transmit or store when making use of our various Service. However, with regard
to the product customization Service (as against other Services like blogs and
forums) you expressly agree that by uploading and posting content on to the
Website for public viewing and reproduction/use of your content by third party
users, you accept the User whereby you grant a non-exclusive license for the
use of the same.
10. Links To
Third Party Sites:
The Website may
contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of www.hhpestrelief.com or the Website and
www.hhpestrelief.com 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. www.hhpestrelief.com is not responsible
for any form of transmission, whatsoever, received by you from any Linked Site.
www.hhpestrelief.com is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by www.hhpestrelief.com or
the Website of the Linked Sites or any association with its operators or owners
including the legal heirs or assigns thereof. The users are requested to verify
the accuracy of all information on their own before undertaking any reliance on
such information.
Our store is
hosted on Shopify Inc and managed by www.hhpestrelief.com. They provide us
services for online e-commerce platform that allows us to sell our products and
services to you and web page use Shopify services for secure and safe
transition and Gateway Integration for payment transition.
11. Disclaimer Of
Warranties/Limitation Of Liability:
a)
www.hhpestrelief.com has endeavored to ensure that all the information on the
Website is correct, but www.hhpestrelief.com neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information, product or Service. In no event shall www.hhpestrelief.com 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 or Products; (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 www.hhpestrelief.com 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, www.hhpestrelief.com 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
www.hhpestrelief.com'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.
b) The
performance of the product is subject to usage as per manufacturer guidelines.
Read enclosed leaflet of the products carefully before use. The use of this
information is at the discretion of user.
12.
Indemnification:
You agree to
indemnify, defend and hold harmless www.hhpestrelief.com 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 www.hhpestrelief.com 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 you pursuant to these Terms.
13. Pricing:
Prices for
products are described on our Website and are incorporated into these Terms by
reference. All prices are in Indian rupees. Prices, products and Services may
change at www.hhpestrelief.com's discretion.
14. Shipping:
Title and risk of
loss for all products ordered by you shall pass on to you upon www.hhpestrelief.com's
shipment to the shipping carrier. Rules on COD vary based on transaction value,
products, shipping location and other relevant parameters. www.hhpestrelief.com
shall retain the right to offer/deny COD for specific cases.
15. Termination:
a) www.hhpestrelief.com
may suspend or terminate your use of the Website or any Service if it believes,
in its sole and absolute discretion that you have breached, violated, abused,
or unethically manipulated or exploited any term of these Terms or anyway otherwise
acted unethically.
b)
Notwithstanding Section 15.a above, these Terms will survive indefinitely
unless and until www.hhpestrelief.com chooses to terminate them.
c) If you or
www.hhpestrelief.com terminates your use of the Website or any Service, www.hhpestrelief.com
may delete any content or other materials relating to your use of the Service
and www.hhpestrelief.com will have no liability to you or any third party for
doing so.
d) You shall be
liable to pay for any Service or product that you have already ordered till the
time of Termination by either party whatsoever. Further, you shall be entitled
to your royalty payments as per the User License Agreement that has or is
legally deemed accrued to you.
16. Governing
Law:
These terms shall
be governed by and constructed in accordance with the laws of India without
reference to conflict of laws principles and disputes arising in relation
hereto shall be subject to the exclusive jurisdiction of the courts at
Bangalore, Karnataka.
17. Severability:
If any provision
of the Terms 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 these Terms shall continue to be in full force and effect.
18. Report Abuse:
As per these
Terms, users are solely responsible for every material or content uploaded on
to the Website. Users can be held legally liable for their contents and may be
held legally accountable if their contents or material include, for example,
defamatory comments or material protected by copyright, trademark, etc. If you
come across any abuse or violation of these Terms, please report to
info@www.hhpestrelief.com.