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.
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 HAYUMSAIDABA and its affiliates.
1. Introduction:
www.Hayumsidaba.com (“Website”) is an Internet based content and
e-commerce portal licensed by KHABA ENTERPRISE PRIVATE LIMITED, a
company incorporated under the laws of MINISTRY
OF CORPORATE AFFAIRS Govt. of India. 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. Hayumsidaba at its sole discretion reserves the right not to
accept a user from registering on the Website without assigning any reason
thereof.
2. Eligibility to Use:
The Services are not available to minors under
the age of eighteen (18) or to any users suspended or removed from our Website
by ‘us’ for any reason whatsoever. If ‘you’ do not conform to the
above qualification, ‘you’ shall not be permitted to avail of the
Services or use the Website. You represent that ‘you’ are of legal age
to form a binding contract and are not a person barred from receiving services
under the laws as applicable in India. Notwithstanding the foregoing, if ‘you’
are below the age of eighteen (18) years, ‘you’ may avail the Services
provided by ‘us’ through ‘your’ legal guardian in accordance with
the applicable laws.
Hayumsidaba reserves the right to refuse access to use the Services offered
at the Website to new users or to terminate access granted to existing users at
any time without according any reasons for doing so. You shall not have more
than one active Account on the Website. Additionally, ‘you’ are
prohibited from selling, trading, or otherwise transferring your Account to
another party.
3. 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, uploads,
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.
4. 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 (i) immediately notify Hayumsidaba of any
unauthorized use of your password or account or any other breach of security,
and (ii) ensure that you exit from your account at the end of each session. Hayumsidaba
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
You shall ensure that the Account Information
provided by ‘You’ in the Website’s registration form is complete,
accurate and up-to-date. Use of another user’s Account Information for availing
the Services is expressly prohibited. If You provide any information that is untrue,
inaccurate, not current or incomplete (or becomes untrue, inaccurate, not
current or incomplete), or Hayumsidaba has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, Hayumsidaba
has the right to suspend or terminate Your Account and refuse any and all
current or future use of the Website (or any portion thereof).
(5) Services Offered:
Hayumsidaba 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 merchandise such as Manipuri
Indigenous food items, Kauna craft, Handloom and Handicraft items and many more
from various brands. (Collectively, “Products”). Upon placing an
order, Hayumsidaba shall ship the product to you and be entitled to its
payment for the Services.
6. Privacy Policy:
The User hereby consents, expresses and agrees
that he has read and fully understands the Privacy Policy of Hayumsidaba.
The user further consents that the terms and contents of such Privacy Policy
are acceptable to him.
7. 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 Hayumsidaba’s
name is stated as the source and prior written permission of Hayumsidaba
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.
8. Pricing:
Prices for products are described on our Website and are
incorporated into these Terms by reference. All prices are
in Indian rupees, products and Services may change at Hayumsidaba’s discretion.
9. 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 reportabuse@Hayumsidaba.com
10. Unauthorized Charges on your card:
If you see charges on your credit/debit card
for purchases made on Hayumsidaba, but you never created an account or
signed up, please check with your family members or business colleagues
authorized to make purchases on your behalf, to confirm that they haven’t
placed the order. If you’re still unable to recognize the charge, please report
the unauthorized purchase within 60 days of the transaction to enable Hayumsidaba
to begin an investigation.
11. User Warranty and Representation:
The user guarantees, warrants, and certifies
that you are the owner of the content which you submit or otherwise authorized
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,
logo, trade name service mark, and copyright formerly or currently used by you
in connection with the Services rendered by Hayumsidaba.
12. Exactness Not Guaranteed:
Hayumsidaba 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. Alter actions to certain
aspects of your order such as the merchandise brand, size, color etc. may be
required due to limitations caused by availability of product difference in
size charts of respective brands etc. In this instance you agree that Hayumsidaba
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 production change by replying to it within 10
days of it being sent to you. Hayumsidaba may re-request that you accept
a production alteration one additional time if an alternative method to send
your merchandise is available. If you reject this 2nd request your order will
be cancelled and you will be fully refunded via your initial method of payment.
13. Intellectual Property Rights:
i) Unless otherwise indicated or anything
contained to the contrary or any proprietary material owned by a third party
and so expressly mentioned, Hayumsidaba 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 Hayumsidaba without obtaining
authorization from Hayumsidaba.
ii) 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.
14. Links to Third Party Sites:
The Website may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the control
of Hayumsidaba or the Website and Hayumsidaba 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. Hayumsidaba
is not responsible for any form of transmission, whatsoever, received by you
from any Linked Site. Hayumsidaba is providing these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Hayumsidaba
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.
15. Disclaimer of Warranties/Limitation of
Liability:
Hayumsidaba has endeavored to ensure that all the information on the
Website is correct, but Hayumsidaba neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information, product or Service. In no event shall Hayumsidaba 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 Hayumsidaba 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, Hayumsidaba 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 Hayumsidaba’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.
16. Indemnification:
You agree to indemnify, defend and hold
harmless Hayumsidaba 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 Hayumsidaba 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.
17. Shipping:
Title and risk of loss for all products
ordered by you shall pass on to you upon Hayumsidaba’s shipment to the
shipping carrier.
18. Delivery:
Hayumsidaba will make a maximum of three attempts to deliver your order. In
case the customer is not reachable or does not accept delivery of products in
these attempts Hayumsidaba reserves the right to cancel the order(s) at
its discretion.
An estimated delivery time is displayed on the Order Summary
page. On placing your order, you will receive an email containing a summary of
the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to
- bad weather
- Traffic Jam
- political disruptions
- other unforeseen circumstances
In such cases, we will
proactively reach out to you. Please check your emails regularly for such
updates. Also, we will not be able to compensate for any mental agony caused
due to delay in delivery.
19. Copyright
COPYRIGHT ©: Hayumsidaba
2020. All rights reserved. Everything you see or read on the Hayumsidaba
websites is copyrighted unless otherwise noted and may not be used except as
provided in these Terms & Conditions or with the written permission of Hayumsidaba.
Use by third parties, even by way of extract, for commercial purposes is not
allowed. Infringements may be subject to legal action.
20. Termination:
a) Hayumsidaba 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 20.a
above, these Terms will survive indefinitely unless and until Hayumsidaba
chooses to terminate them.
c) If you or Hayumsidaba
terminates your use of the Website or any Service, Hayumsidaba may
delete any content or other materials relating to your use of the Service and Hayumsidaba
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.
21. 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 Imphal, Manipur.
22. Contact Information:
If you have questions or concerns regarding
this Terms & Conditions, please contact our support at support@Hayumsidaba.com / Hayumsidaba2020@gmail.com