CUSTOMER TERMS AND CONDITIONS
1.3 The User is any person/ individual, who visits, uses, browses, or otherwise becomes a buyer on the Platform and avails any service through the Platform or deals with or transacts with the Platform in any manner.
1.5 The Company may restrict Your access or use to any or all of its Services, at any time, without assigning any reasons at its own sole discretion in case the Company reasonably believes or suspects that You have or are likely to breach the Terms or You do not qualify under applicable laws or applicable standards as per these Terms or any of our Policies of the Company, its group, its subsidiaries or its affiliates. The Company may also refuse or restrict Your access or use to any or all of its Services if it believes that Your access or use in any way, may violate the Terms or in any way bring disrepute to Company, its subsidiaries, its group or any of its affiliates.
2.2 The Company provides various Services to You under this agreement including but, not limited to access to technology platforms such as websites, access to a market place to third party service providers in agreement with the Company, to provide or offer various home maintenance, management or related services and end to end home décor and furnishing needs (“Services”) on the Website to various consumers/Users and to receive and facilitate payment against such Services offered to consumers, or to facilitate settlement of defects or disputes raised by any consumers, if applicable.
2.2 Subject to the Terms and other applicable Policies, The Company shall only be liable or responsible for the Services it makes available to you in way of the Applications or content contained therein but, accepts or shall not accept any liability on behalf of the third party service providers listed on our Website, providing various Services to consumers. The third party service providers shall be solely responsible and liable for the service offerings made available to any consumers on the Platform. All Users/customers engaged with the Company, in a contractual capacity or customers who wish to engage with the Company for availing its Services shall be deemed to have acknowledged and agreed our Terms & Conditions and such other applicable covenants that apply to all project related work and Services with the Company at applicable stages, which comprehensively forms a part of the Terms. However, the Services are made available solely for Your own personal and non-commercial use, unless specifically agreed otherwise, by the Company in writing.
2.3 All the Services and information displayed on the Company Platform shall constitute an "invitation to offer". Your order towards the hiring of Services constitutes your acceptance of the offer which shall be subject to the Terms. The Services shall be rendered at a price that is exclusively determined by the Company. The Company reserves the right to accept or reject your offer.
2.4 The Company grants you a non-exclusive, non-transferable, non-sub-licensable, revocable license to use or access any or all of its Services, in whole or in part to access and use any or all of the Services on Your personal device. The Company shall not be liable for any damages or losses caused to any entity due to the unauthorized access or use of any of the Services. The Company reserves all the rights related to its Services which are specifically not assigned herein or any other agreement in force at the time.
3 Use of Platform:
3.1 Access to our Platform is free of charge and you are to ensure your system is compatible to access or use of the Platform.
3.2 We may require you to provide us with certain information including your name, date of birth, contact e-mail, phone number and such other information as required for Services availed on the Platform.
3.3 By using and accessing the Platform you represent and warrant to us that:
i) You have the right, authority, and capacity to use the Platform, and agree to and abide by the Terms;
ii) The use and access of the Platform and all the content posted on the Platform by you is solely for your own private use;
iii) You shall use the Platform and the Services provided therein only for purposes that are permitted by (a) the Terms and Conditions; and (b) any applicable law, regulation, or generally accepted practices or guide in the relevant jurisdictions;
iv) You shall not engage in infringing any of our intellectual proprietary rights by creating derivative works, reverse engineer, change source codes, or translating codes into reading formats or to distribute, sell, lease, assign, resell, transfer, bequeath, publicly display, stream, transmit, perform, broadcast, modify, copy, distribute, transmit, display, perform, reproduce, publish, license any information obtained from us or by the use of the Platform in any manner whatsoever, or otherwise in order to exploit the Services unless specifically agreed to by the Company;
v) Your use of the Platform shall not violate any applicable laws and regulatory requirements currently in force relating to your use of this Platform;
vi) You shall not in any manner whatsoever, use this Platform to disperse any information and data which is not in consonance with the applicable laws and regulatory requirements currently in force;
vii) You shall not in any manner whatsoever advertise or sell any goods or Services to other Users of this Platform and/or benefit commercially from Platform content;
viii) You agree not to publish any information or personal data relating to a third party in your material provided through the Platform;
ix) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Company, its group of Companies, affiliates and subsidiaries or otherwise use, infringe, remove, tarnish or dilute any Company’s Intellectual Property rights including but, not limited to copyright, patents, trade-secret trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
The Users of the Platform are strictly prohibited from doing the following acts:
i) Violating or attempting to violate the integrity or security of the Platform;
ii) Any unauthorized access or use shall be restricted to the Services and shall be responsible or liable for any damages or losses caused to any of our Intellectual proprietary rights, in any manner, due to such unauthorized access or use.
iii) Transmitting any information, through the Platform that is disruptive or competitive to the provisions of the use of Platform;
iv) Intentionally submitting on the Platform any incomplete, false, or inaccurate information;
v) Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
vi) Framing or hot-linking or deep linking any of the Content posted on our Platform;
vii) Copying or plagiarizing in any manner any of the Content or information available on the Platform;
viii) Transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.
5. Eligibility to Use the Services:
5.1 Registration by the User:
The User hereby agrees to follow and fulfil all the criteria that may be set by the Platform before getting access to their Services and to the Platform. This may include providing necessary documents, fulfilling paperwork including KYC documentation.
Upon successfully completing the registration process, the email provided by the User must be verified. To this end, an e-mail containing a link will be sent to the address provided, the User shall confirm by clicking on this link. After registration has been validated, the User’s account will be activated and the User will be able to use the Services.
The User is personally responsible for keeping his/her login data (login, password) private. Should an unauthorised third party gain knowledge of the User’s data, the Company must be notified immediately.
5.2 User’s Account:
5.2.1 Use of the Platform is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms
5.2.2 Company reserves the right to terminate your use and refuse to provide you with access to the Platform if the Company discovers that you are under the age of 18 years. The Platform is not available to persons whose membership has been suspended or terminated by the Company for any reason whatsoever.
5.2.3 If you are registering as a business entity, you represent that you have the authority to bind the entity to the Terms. Unless otherwise specified, the products/Services on this Platform are directed solely at those who use/avail the products/Services within India. Company makes no representation that any products or Services referred to on this Platform are appropriate for use, or available outside India. Those who choose to access this Platform from outside India are responsible for compliance with local/international laws if and to the extent local laws are applicable. Company will deliver and render the products/Services only within India and will not be liable for any claims relating to any products ordered from outside India.
5.2.4 If you use the Platform, you shall be solely responsible for maintaining the confidentiality of your User Name and Password and you shall be responsible for all activities that occur under your User Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall have the right to indefinitely suspend or terminate or block access to the Platform and/or underlined Services. You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you protect your User Account.
5.2.5 Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification. You agree that Company shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Platform.
5.3 Representations and Warranties of the User:
5.3.1 It has full power and authority to enter into this agreement and to give the warranties in this agreement;
5.3.2 It has adequate controls and procedures to enable it to comply at any and all times with applicable laws to which it may be subject;
5.3.3 the execution and delivery of this agreement and the consummation of the transactions contemplated thereby, and the fulfilment of and compliance with the Terms and conditions hereof do not: violate any applicable laws and/ or any judicial or administrative order, award, judgement or decree applicable to the User;
5.3.4 conflict with the Terms, conditions or provisions of the constitutional by-laws or any other regulations of the User;
5.3.5 the User is not disqualified from entering into the transactions on the Platform in any manner, is an authorised business establishment and holds all the requisite permissions, authorities, approvals and sanctions to conduct its business and to enter into the present agreement. The User acknowledges that the present agreement is governed by the Indian Contract Act, 1872 and other relevant laws of India, and the User warrants that it shall at all times be in compliance with all applicable laws;
5.3.6 the User has adequate rights under relevant laws to enter into this agreement and perform the obligations contained herein;
5.3.7 the User shall ensure not to upload any description/ image/ text/ graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited or is in violation of intellectual property rights of any third party;
5.3.8 the User agrees to pay their tax dues as and when they arise. These may include but are not limited to any kind of direct or indirect taxes or duty or any other kind of charge that may be levied by the authorities as per the applicable laws;
5.3.9 the User hereby commits that they would not engage in any criminal, tortious or civil misconduct while using the Platform. This may include but are not limited to cheating, fraud, etc. Further, the User also agrees that in case such liability arises, the User would indemnify the Company for the same;
5.3.10 all the details entered in the Platform are accurate, complete and truthful. The User undertakes to keep the information provided in his/her account up to date. If such information is found to be false, incorrect or out of date, the Company may block or discontinue the User’s access to the Platform.
5.4 Account Deactivation:
5.4.1 If a User requests for a closure of the account, the account will be put on hold for a period of 60 (Sixty) days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said User for downloading payment and taxation reports, if required. After 60 (Sixty) days, the User would be required to reach out to the Company confirming that the User has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the User’s account will be deactivated provided there are no outstanding payments due from the User, with certain information being retained by the Company at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the Users in the future. If a User decides to enter into transactions on the Platform again, the User will not be able to create a new account but the older account can be restored if it is required.
5.4.3 The Company may at any time, at its sole discretion, reinstate suspended Users. A User that has been suspended or blocked in Terms of clause 5.4.2. may not register or attempt to register with the Company or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a User is reinstated by the Company. Notwithstanding the foregoing, if the User breaches the Terms or other Company policies as may be published on the Platform from time to time, the Company reserves the right to recover any amounts due and owed by the User to the Company and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against the User.
5.5 User’s Obligations:
5.5.1 The Company reiterates that the access or use of any of the Services offered are for individual above the age of 18 years and, in case any child accesses or uses any of our Services it shall be done in complete parental guidance only. You also represent and warrant that the access and use of the Services are only for the legal means and purposes and that any engagement in any kind of illegal or not permitted activities shall immediately result in deletion or suspension of Your use or access to any of our Services.
5.5.2 The Company may require certain personal information in order to get your User account registered on our Platform for better and effective use of the same, in doing so, it may also require relevant governmental issued identity proofs to ascertain such identities provided at the time of registering one’s User account. In case any of the governmental identities are not aligned with the details provided for any refusal in providing such governmental identities may result in suspension or deletion of your User account on our platform either temporarily or permanently.
5.5.3 You agree and hereby acknowledge that whilst accessing or using our Services, You shall not be rude, cause inconvenience, nuisance or damage any property including reputation of any of our employee, agents or third party service provides duly registered with us to provide such Services. The Company shall not be responsible or liable for any such claims or disputes raised by any third party service providers but, reserves its every right in law or in equity to take actions against you in case such activities are committed against our employee.
5.6 Non Discrimination:
5.6.1 The Company does not and prohibits any discrimination based on race, religion, creed, class, ethnicity, nationality, sex, gender, sexual orientation, colour, disability, religion, faith, marital status etc; that may be barred under applicable laws. In case it is found that You have discriminated against any of our employee or any third party service providers based on any of these identities or characteristics such as refusing service offerings from them or to make such comments. The Company may at its sole discretion may suspend/ terminate your User account and if applicable, we may also proceed for legal sanctions.
5.6.2 However, the discrimination policies shall largely depend upon the applicable laws of the jurisdiction we currently operate under and in some countries, such preferences may be allotted to a certain class of individuals.
5.7 Text Messaging/ Communications:
You agree and hereby acknowledge that Your access or use of the Services may result in You receiving text messages containing information regarding our applicable offers and discounts to Your phone number. In case You require the Company to stop sending such messages, You may ask Us to remove from message receiving consumers but, the same may affect Your use or access to any or all of our Services. When You use the Platform or sends emails, other data, information, or communication to the Company, You agree and understand that You are communicating with the Company and You consent to receipt of communications, whether marketing, promotional or otherwise, from the Company periodically or as and when required. The Company may communicate with You by email, on the registered mobile number, or any other mode of communication as deemed fit by the Company.
5.8 User’s Content:
5.8.1 The Company may require You to provide certain information, feedbacks, comments or other things regarding Services or the service offerings made available to You by third party service providers in way of text, audio or video as the Company deems fit. You hereby agree and acknowledge that Your continued access or use of our Services grants us an irrevocable, perpetual, transferable, royalty-free license to copy, modify, create any derivate works and to distribute, make copies, make publicly available in any manner the User content that may be necessary as per the Company’s sole discretion, without giving You any further notice and taking Your consent for the same.
5.8.2 You represent and warrant that the content uploaded or made available on the platform does not infringe any party’s intellectual proprietary rights including but not limited to copyright, trademarks, brand-names, logos etc. Any claim or dispute arising out of any User content that may infringe someone’s or some entity’s intellectual proprietary rights then, You shall be solely responsible and liable for uploading such content on our platform. You also represent and warrant that any content that may be defamatory, disparaging, rude, vulgar, obscene, pornographic, encroaches one’s privacy shall not be uploaded or made available on our platform or in connection with our Services. The Company bears no responsibility or liability for any such acts committed by any of its Users and it may facilitate the deletion or removal of such contents from or website but, does not take any responsibility to review and monitor each and every content uploaded on any of the Users/ Customers. Any claims, actions, disputes arising out of such content shall not make the Company liable or responsible for such acts and Company shall take every reasonable and best endeavours to provide the details of such Users uploading content to take necessary actions to investigating agencies, if applicable. Company may also suspend or remove or delete the User account or block the access or use of any of its Services upon material breach in these Terms including uploading any such content that may be illegal or bring disrepute to the brand name ‘HappyLivein’ and all of its affiliates.
5.9.1 You agree and acknowledge that your use or access to any or all of our Services may result in certain fee to You in consideration to the Services provided. As a part of the Services, the Company facilitates the transfer of Payments to the Service professionals or third Party service providers for the Services they render to you and collects payments on behalf of such Service professionals. It is agreed that the certain fee may be payable by You to the Company at the time of booking of the Services provided by third party Service Providers. However, you also agree and acknowledge to pay to Company for the Services received by any third party service providers vailed or booked through the Platform provided by Company by way of its Services. Any payable amount against Service professional and/or third party service provider shall create a charge upon You to pay for the Services availed along with the fee being charged for the Services facilitated by the Company.
5.9.2 You shall be required to pay the Service professionals the amount indicated at the time of booking as well as amounts towards (a) Any additional service that you may avail, (b) Out of pocket expenses incurred by the Service professional, (c) Expenses arising out of the purchase of goods required or utilised for the performance of the service (“Charges”). In addition to the charges payable to the Service professional, the Company reserves the right to charge you a convenience fee for facilitating the booking and transferring the payments to the Service professionals (this fee is referred to as “Fees”). You acknowledge that the final bill you receive may include additional charges, including without limitation a safety fee, warranty fee, insurance fee, or Service professional welfare fee.
5.9.3 The Company shall notify you of the Applicable Charges, Fees and payment methods at the time of booking. Generally, you may make payments through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the service We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method. For the avoidance of doubt, in the event you pay through the method of cash upon completion’, you acknowledge that you will be required to pay both Charges and Fees to the Service professional.
5.9.4 Taxes : All such Charges and Fees shall be inclusive of all applicable taxes and duties and the same shall be final, non-refundable unless otherwise agreed by the Company or required under applicable relevant laws. Under certain laws, the Company shall consider any requests made by You or third party service providers for reconsideration of charges, entitlement to a refund or other remedies for a failure of provision of Services, if applicable.
5.9.5 The Charges and Fees may be payable at the time of making the booking, or upon completion of Services as specified by the Company.
5.9.6 For the avoidance of doubt, please note that the Charges are payable to the Service professionals, and the Company acts as a limited collection agent on behalf of such Service professionals to collect and transfer the amount due to them.
5.9.7 All payment or charges shall become due and payable at the time of booking any Services on our platform and such payment shall be facilitated by the Company from Your first preferred payment method but, in case the first preferred payment method is not working, after sending an email regarding the same, Company may proceed to appropriate or use the monies present in Your secondary payment method, if available with the Company. Company shall issue a receipt for every payment made by Users to the Company for the Services or on behalf of third party service providers.
5.9.8 Company reserves the sole and exclusive rights to revise, remove, modify any or all of the Fees and Charges for the use of its Services at any time on the Platform, . You agree and acknowledge that any charge or fee regarding Services or any third party service offerings listed on the Applications may vary from time to time based on various factors such as location, demands, availability, time, exclusivity, professional standards etc. and the same shall not make Company liable or responsible for offering Services or any other Services of similar kind at different prices.
5.9.9 Company shall not appropriate any part of Your payment, either in whole or in part, to the third party service providers for offering such Services to You in form of tips or gratuity. However, you may be able to do so through our Applications for the Services provided to you by any third party service providers after completion of such Services at your own volition and the same, shall not be mandated at any point by the Company. You shall be responsible for paying for the charge or fee as applicable, respectively, to the Services availed by the third party service providers and for the Services offered by the Company and the same cannot be cancelled without charging any cancellation fee.
5.9.10 Company also reserves the right to make available certain subscription offers, discounts, promotion to any class of Users at its own discretion or upon in exchange for a consideration wherein the Users shall be given a premium subscription of the User account bearing such benefits. You agree and acknowledges that there may be various instances of the same Services being sold or offered at various Users for the reasons mentioned hereinabove and the same shall not create an exclusive right upon every User to claim such rebates as may be applicable unless specifically provided for by the Company in any manner as suggested hereinabove.
5.10 Payment Processors:
We may use a third-party payment processor (“Payment Processor”) to bill you through your selected mode of payment. The processing of such payments will be subject to the terms and policies of such payment processors in addition to these Terms. We shall not be liable for any error of the Payment Processor. In the event of any unsuccessful/ failed payment, the money debited will be credited in accordance with the terms of the Payment Processor.
6.1 You acknowledge and undertake that you are accessing the Services on the Company’s platform and are transacting at your own risk. You affirm that you are using your best and prudent judgment before entering into any transactions through any of the platforms. The Company expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services listed or displayed or transacted or the content (including pricing information and/or specifications) on any of the Company platforms.
6.2 While the Company has taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of Services), software, and related graphics are provided as is, without warranty of any kind, and Company accepts no liability for any errors or omissions, whether on behalf of itself or third party service providers or vendor/partners. Company do not implicitly or explicitly support or endorse the sale or purchase of any Services on the platform. At no time shall the Company have any obligations or liabilities in respect of any transactions on any of the platform.
6.3 As stated in clause titled as “Services” herein, for all Services as provided via the Platform i.e., the Website you shall enjoy any warranties (as applicable) on such Services as provided by the original service providers or vendors/ partners (as the case may be) through the Company, during the Warranty Period.
6.4 While Company shall endeavour to ensure that the original, third party service providers or vendor/partners warrants for the Services and as such, all related requisite details and documents in relation to warranty/ guaranty are provided to you upon completion of any work/ project, Company shall neither be liable nor responsible for any actions or inactions of third party service providers or vendor/partners nor any breach of conditions, representations or warranties by the third party service providers or vendor/partners and hereby expressly disclaim and any all responsibility and liability in that regard. Further, Company shall not mediate or resolve any dispute or disagreement between you and the third party service providers or vendor/partners.
6.5 You understand that in all cases the original, third party service providers or vendors/ partners may determine whether you are eligible for any additional Services or not depending on the Terms and conditions (T&Cs) of such warranties provided by the respective original, third party service providers or vendors/partners, and Company shall have no responsibility or liability to you or any other person for any aspect of Services, including but not limited to any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence, or for cost of recovery, recoupment of any investment made by you or your affiliates, or for any loss of profit, revenue, business, or data or punitive or consequential damages.
6.6 The Company warrants that the Company is an E-Commerce Entity in consonance with the Consumer Protection (E-Commerce) Rules, 2020 and therefore, the Company’s obligation is only limited to acting as a ‘facilitator’ between you and such original, third party service providers or vendors/ partners. You acknowledge that Company shall not provide any warranties/ guarantees of any nature whatsoever in its own capacity for any Services to be provided/ provided by such original, third party service providers or vendors.
6.7 Company shall not be liable for any damages, liability or losses arising out of: (i) any transaction/ agreement (oral or otherwise); or (ii) due to relationship between you and any third party service providers or vendors/ partners, in spite of the Company been advised of the possibility of such damages. Without limiting the disclaimer of warranties and limitation of liability, unless otherwise required by applicable law, in no event shall the Company’s total liability to you in connection with any Services for all damages, losses and causes of action exceed INR. 10,000/- [Rupees Ten Thousand only].
Note: Except as required by the Company under the aforementioned, the Services are provided "as is" and “as available”. Company disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including any implied warranties of fitness and non-infringement; and makes no representation that the Services, and/or any Services requested in connection therewith remains solely with you, to the maximum extent permitted under applicable law, including the relevant consumer law legislation. Furthermore, Limitation subject to the statues of India with respect to Consumer Protection, limitations and content as above mentioned in this section part do not purport to limit liability or alter your rights as a “consumer” that cannot be excluded under applicable law, including the relevant consumer law legislation.
7 Intellectual Property
7.1 All material on this Platform, including images, logos, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
7.2 The Platform, its selection and arrangement, including but not limited to all text, graphics, User interfaces, data, written posts, software, graphics, visual interfaces, sounds and music (if any), artwork and computer code, are owned and controlled exclusively by us, our partners or our licensors only. The design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
7.3 The Company may also contain and display third party trademark(s), logo(s), content(s) (“Third Party Marks”) under a valid license or in accordance with applicable law. The intellectual rights to such Third Party Marks shall belong to their respective owners. You are not permitted to use our marks or any such Third Party Marks. It is hereby specifically recorded that the trademark, copyright and other Intellectual Property in the products available on the Platform is the sole and exclusive property of third parties. We are authorised by such third parties to put up the products on the Platform for license of use to the end customers. Intellectual Property Rights for the purpose of this Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.
7.4 Unless otherwise indicated, we have been granted the licensed use to all intellectual property (“IP”) rights and into the trademark ‘HAPPYLIVEIN’ and own/ are the licensed Users of any other IP that is available on the Platform, including, without limitation, any and all rights, title and interest in and to copyright, trade mark, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
7.5 You acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from us or thirty party owners of such Content.
7.6 We respect other people's intellectual property rights and if you believe that any content or material on our Platform infringes on your intellectual property rights, you can write and inform us about the same at email@example.com
8. Third-Party Links and Content:
8.1 You agree and acknowledge that the Services, in part or in whole, may be made available to You by any other affiliate or brand name associated with the Company or any of the third parties (may include individuals and entities affiliated with us) registered on the market place to offer service offerings to the Users. However, the Company shall only be responsible and liable towards its Services and shall not be held responsible for any of the Service(s) provided by third party service providers to various consumers, who availed such Services from the market place maintained by the Company on this Platform. The Services may be made available through any third party Services, content or advertising that the Company has no control on. You acknowledge and agree that we are not responsible or liable for the accuracy of any content posted on such third-party websites or resources, products, Services, and other information available on the third-party website. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the Content, products, Services, and other information available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
8.2 You also understand and agree that our Platform may have third-party links and these Terms and Conditions do not apply to other websites that might have their link on our Platform. These third-party sites have separate and independent policies of use and therefore, we have no responsibility or liability for the content and activities of these linked sites. Thus, it is recommended and advised that you peruse the respective policies of these third-party sites for more detailed information which will help you become aware of their practices and instructions for use of their Website.
9.1 This Platform, all products (including but not limited to software) and Services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that:
(i) This Platform will be constantly available, or available at all;
(ii) The information on this Platform is complete, true, accurate or non-misleading;
(iii) The Company will be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. We do not warrant that this site; information, Content, materials, product or Services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components;
9.2 We provide no express or inferred representation or warranty (whether statutory or otherwise) in respect of this Platform or its content thereof; including, without limitation, as to their condition, reasonable quality, performance, fitness, accuracy for purpose, or that it is up to date, and all such representations and warranties are excluded, except to the degree that such exclusion would be prohibited by law.
9.3 All the products and Services rendered on Platform are governed by central and state laws, as applicable. You will be required to enter a valid email and/or phone number while placing an order on the Website. By registering your email/ phone number with us, you consent to be contacted by us via mails/phone calls and/or SMS notifications, in case of any order or delivery or installation related updates.
10 Limitation of Liability:
10.1 You clearly understand and agree that the Company shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct or indirect, incidental, ancillary, consequential, punitive, special or exemplary damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss, resulting from or arising out of the use of or the inability to use the Platform or Services thereof, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.
10.2 We are not responsible for incomplete, illegible, misdirected or stolen entries. To the fullest extent permitted by the laws of the jurisdiction in which we operate, we also exclude legal responsibility for any loss to you arising from use of our Platform or Service including from viruses, bugs or other technical malfunction, the failure of any software or equipment that impedes the operation of our Platform or the placing of entry fees, or for delays and disruptions on our Platform, a suspension or other action taken with respect to your account, and for any loss of actual or anticipated income, loss of revenue, loss of goodwill and reputation, loss of anticipated savings, loss of use, loss of data, increased costs and expenses, wasted expenditure and any indirect, special and consequential damages, arising as a result of your use of the Platform or Services thereof, whether or not such loss or damage is foreseeable, foreseen or known.
10.3 We make reasonable efforts to ensure that the products, data, statistics, and other content and material appearing on or forming part of our Platform and Service is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) in this respect.
10.4 The Company does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the products or Services proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products or Services on the Platform and accepts no liability for any errors or omissions
10.5 The Company is not responsible for any non-performance or breach of any contract entered into between Users and Service providers and/or sellers. We cannot and do not guarantee that the concerned Users/Buyers and/or Service providers/sellers will perform any transaction concluded on the Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Service providers/sellers.
10.6 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. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Platform and use your best judgment on that behalf.
10.7 Company does not at any point of time during any transaction between User/Buyer and Service provider/seller on the Platform come into or take possession of any of the products or Services offered by the Service provider/ seller nor does it at any point gain title to or have any rights or claims over the products or Services offered by Service provider/ seller to Buyer.
10.8 At no time shall the Company hold any right, title or interest over the products/Services nor shall the Company have any obligations or liabilities in respect of any such contract entered into between Buyers and Service providers/sellers. Company is not responsible for unsatisfactory or delayed performance of Services or damages or delays as a result of products which are out of stock, unavailable, back ordered and which are beyond reasonable control of the Company. The Company shall have no responsibility or liability towards any of the Services as availed by third party service providers listed on the Platform.
10.10 The Company’s sole and exclusive liability shall only arise in cases wherein the defects, disputes or claims as raised by Users till the extent the same are reasonably under control of the Company.
10.11 The Company shall maintain a database in which all of the consumers’/Users defects, disputes and claims shall be tracked and in case there is any inordinate delays in redressing the issues or settling such claims by the third party service providers. The Company reserves the sole and exclusive right to refrain or refuse use or access to all or any of its Services to either its Users or third party service providers, as applicable.
11.1 You agree and hereby acknowledge that, You shall defend, indemnify and hold the Company, its group of Companies and its affiliates, subsidiaries, franchises, affiliates, including, independent contractors, service providers, consultants, licensors, agents, and representatives, and each of their respective partners, officers, and employees, from and against any and all claims, demands, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to:
i) Your access to or use of the Platform or Services; or
iii) Your violation of any applicable law(s), rules or regulations or the rights (including infringement of intellectual property rights) of a third party;
iv) Your conduct in connection with the Platform.
11.2 The liability shall only delve to the Company in case such losses or damages caused directly or indirectly by the actions or inactions of the Company or any of its affiliates.
11.3 For the purpose of this Clause, the Company shall have right to withhold or adjust the consideration, or any other dues payable to you.
11.4 16.3. The indemnity as provided above will be in subsistence in perpetuity.
12 Breach of Terms:
If we suspect or are under the suspicion that you have breached any of the provisions under this Terms, or if requested by any legal enforcement, we will take whatever steps we and/or they deem are necessary, including but not necessarily limited to stopping your use of our Platform and/or Service, removing your credentials from the Platform, sending you a warning, taking legal action, and informing the appropriate authorities. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnities and limitations of liability.
13 Complaints and Feedback:
13.1 We use reasonable endeavours to ensure that our Services are trouble-free and operate with transparency and integrity. We welcome feedback from our Users and, whilst we always use all reasonable endeavours to ensure that your experience as User of our Platform is a positive one, we nevertheless want to hear from you if you have any cause for complaint. We shall take reasonable actions to remedy problems with our Services as quickly as is reasonably possible, within the legal and technical boundaries.
13.2 If you wish to contact us with general questions, feedback or to complain about any aspect of your dealings or transactions with us or our Services, please contact us at firstname.lastname@example.org setting out your complaint/feedback in sufficient detail (if applicable).
13.3 We take all complaints/feedbacks very seriously and always endeavour to deal with these in a fair, expedite and transparent manner.
14.1 Electronic Contracting: Your affirmative act of using and accessing the Platform constitutes your electronic signature to the Terms, making the Terms of this document binding upon you.
14.2 Force Majeure: We shall not be liable to the User or be deemed to be in breach of these Terms by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control on account of Force Majeure Events where Force Majeure Events include fire, earthquake, flood, tsunami, epidemic, pandemic, strike, lockout, lockdowns, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, failure or delay of any transportation agency, laboratory, or any other furnisher of essential supplies, equipment, or other facilities’ omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government or other regulatory authority acts which are beyond the control of either Party, or any other reasons which cannot be reasonably forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
14.4 Severability: If any provision of the Terms is held to be unenforceable, then this document will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the document, valid and enforceable.
14.5 Remedies: If either party to the Terms breaches any provision of these Terms relating to Confidential Information or intellectual property rights, there may not be an adequate remedy available solely at law; therefore, an injunction, specific performance, or other forms of equitable relief or monetary damages or any combination thereof may be sought by the injured party to these Terms.
14.6 Waiver: No failure or delay by the injured party to the Terms in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder at law or equity.
14.7 Relationship between the Parties: Nothing in the Terms shall deem to constitute a partnership between us and you and it is hereby understood and parties shall be related on principal to principal basis only, and is not a legal representative, partner, or agent of the other Party. Neither Party shall have any right, power or authority, whether express or implied, to create any obligation on behalf of the other Party.
14.8 Assignment: You shall not assign, transfer, delegate or subcontract any of its rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause shall be null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may at any time assign or transfer any or all of its rights or obligations under this agreement without your prior written consent to any affiliate or to any person acquiring all or substantially all of the Company’s assets.
15 Governing law and Dispute Resolution:
15.1 Any disputes, claims or controversy in connection with or in relation to the Services as provided by the Company or Services provided by any third parties on the Platform and/or Applications or interpretation, validity of any part or in whole of the Terms, construction or enforceability of Terms (whether allegedly contractual or non-contractual disputes and claims) (“Dispute”) shall be governed by, construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, you hereby submit to the exclusive jurisdiction of courts in Gorakhpur, Uttar Pradesh over all issues arising out of these Terms or use of the Services.
15.2 Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by Arbitration in Gorakhpur, Uttar Pradesh in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The Tribunal shall consist of a sole arbitrator. The language of Arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party of the arbitration shall bear its own costs with respect to any dispute.
15.3 The Company also maintains complaints redressal mechanism to resolve or to facilitate to resolve such Disputes, subject the User shall report any defect or deformities in Services or Services provided by third party service providers Within 48 hours of its first occurring or coming to knowledge. Any delay in the timeframe as stipulated by the Company, shall not bring any responsibility or liability upon the Company, to resolve or to facilitate to resolve any of such disputes.
15.4 However, the Users shall have all the rights in law or in equity to redress any disputes against the Company or otherwise. In case any claims or disputes arises, the same shall be resolved amicably by both of the parties
16 Contact Information:
16.1 In case there are queries, questions or complaints or any grievances related to or in connection with these Terms, Services or Services provided by third party service providers, Users may contact these personnel as appointed by the Company to redress such claims or grievances. For intellectual property claims, consumer complaints or disputes regarding consumer protection claims: Grievance Officer Email Id: email@example.com Timings: 10 am to 5 pm.
The Company may issue notices relating to or in connection with the Services or Terms or Services provided by third parties at your registered email address and mailing address as shared with us whilst creating User account and You can also share any notices or written communication to us on our email id: firstname.lastname@example.org.
18 Amendments to the Terms or Policy:
18.3 It is strongly advised that You at all times check for any such updates, amendments or any modifications in the Terms or Policies and in case You do not agree with any amendments or modifications made in the Terms or Policies, You must immediately stop using or accessing any or all of our Services, in whole.. These Terms expressly supersede any prior written agreements. The Company shall not be liable for any damages or losses caused to You due to the lack of knowledge of any updates, amendments or modifications to the Terms or any Policies.