These Terms Of Use Including The Privacy Policy (“Terms”) Provide And Capture Important Legal Information About Access Or Usage Access And Use Of Our Wishlist Services; Computerized Online Gift Ordering Services; Online Retail Services Relating To Gifts And Gift Cards; Providing Online Facilities Featuring Information For Consumers In The Field Of Gifts; Promoting The Goods And Services Of Others By Providing Online Facilities Featuring Gift Suggestions And Connecting Sellers Of Such Goods And/Or Services; Providing Assistance In Gift Selection; And Invite Management Service (“Services”), Which Are Made Available To You Through Www.Huzzay.Com (The “Website”) And Our Mobile Application Which Is Accessible Through Tablets, Smartphones, Connected Televisions, And Other Devices (“App”) (Together The App And The Website Are Referred To As “Platform”) And The Conditions Of Your Use Of The Platform Or Part Thereof. By Downloading, Installing, Accessing, Signing Up And Using Our Platform, You Confirm And Agree To Be Bound By These Terms.
If You Do Not Agree To Be Bound By These Terms, You Should Not Access, Or Use The Platform And Should Delete Any Versions Of The Platform And Any Data Downloaded By You While Using Such Platform.
If You Continue To Use This Platform, You Are Agreeing To Be Bound By These Terms, Which Along With The Privacy Policy (“Privacy Policy”) Govern Your Relationship With Us.
This Document Is An Electronic Record In Terms Of Laws Prevailing In India. This Electronic Record Is Generated By A Computer System And Does Not Require Any Physical Or Digital Signatures. These Terms Are Published In Accordance With Applicable Laws That Require Publishing The Rules And Regulations, Privacy Policy And Terms Of Use For Access Or Usage Of The Platform Owned By Us.
1.1 “Account” shall Mean The Account, Which The Registered Members Shall Be Required To Create On The Platform To Avail The Services;
1.2 “Firm”; “Us”; “We”; “Our” Shall Mean Huzzay!, Having Its Address At [●];
1.3 “Guests” Shall Mean Persons Who Do Not Register With Us, But Want To Use Our Services To Access, View And/Or Purchase Gifts From A Registered Member’s Wishlist. No Login Is Required For Guests, But A Password May Be Required To View A Registered Member’s Wishlist;
1.4 “Merchants” Shall Mean Independent Third Party Entities Who Can Fulfill Orders For Gifts Purchased From A Registered Member’s Wishlist;
1.5 “Payment Options” Shall Mean The Payment Options Made Available On The Platform, From Time To Time;
1.6 “Registered Member(S)” Shall Mean The Users Who Avail The Services Using The Platform After Registering On The Platform And Can Do All The Things That Visitors Can Do, And: (I) Create, Access, Manage, And Update Their Own Personal Accounts On The Platform; (Ii) Create, Access, Manage, And Update Their Own Wishlist Through The Services; (Iii) Access And Use Our Services To Purchase Gifts From Other Members Wishlist; Or (Iv) Post Comments And Other Content Through The Services (Collectively, “Registered Member Content”);
1.7 “User”; “You”; “Your” Shall Mean And Include Any Natural Or Legal Person Who Has Transacted Or Agreed To Transact Through The Platform And/ Or Has Accessed The Platform Including Users Who Install, Download, Access And/ Or Use The App, Or Access And/ Or Use The Website, Including The Registered Members, Visitors, Guests And The Merchants;
“Visitors” Shall Mean People Who Do Not Register With Us, But Want To Explore The Website. No Login Is Required For Visitors. Visitors Can: (I) View All Publicly-Available Content On The Website; And (Ii) E-Mail Us; And
2.1 The Platform Provides The Services In India Wherein The Users Can Create Their Gift Registries And Invite Persons To View List Their Gift Registries And Purchase Or Contribute To The Wishlist Through The Platform, Order From And Require Delivery By A Particular Merchant Defined By The Registered Member, If Available, Or From A Merchant Automatically Determined By The Platform, And Pay The Merchant Directly By Cash Or By Accessing The Payment Options That May Be Available From Time To Time. We Also Allow The Visitors And Guests To Surf The Platform Without Registering On The Platform.
2.2 Although The Platform May Display Information Related To The Gifts In Form Of Goods Or Services That May Be Listed By Some Or All The Merchants, The Users Understand And Acknowledge That We Shall Not Be Responsible For The Nature Or Authenticity Of The Information So Provided. The Users Understand And Acknowledge That Their Use Of The Platform Is At Their Own Risk And We Shall Not Be Liable For Any Consequences Arising From Such Use. Further, We Do Not Make Any Representation Or Provide Any Warranties With Respect To The Goods Or Services. We Shall Not Be Liable Or Responsible For The Activities Or Consequences Of Use Or Misuse Of Any Information That Occurs Under Your Account.
2.3 We Are Not Responsible For The Timeliness And Quality Of Goods Or Services Supplied By The Merchant (S). The Merchant Shall Be Entitled To Cancel The Orders/ Requests, In Part Or Full, By Intimation To The Registered Member And Guest.
2.4 We Are Under No Obligation To Accept Any Individual As A Registered Member, Guest Or Merchant And May Accept Or Reject Any Registration In Its Sole And Complete Discretion. In Addition, We May Deactivate Any Account At Any Time, Including, Without Limitation, If It Determines That A Registered Member, Guest Or Merchant Has Violated These Terms Of Use.
3.1 Registration And Login Credentials Are Necessary For Registered Members For Availing The Services And For Merchants For Providing Goods Or Services. You Shall Register On The Platform Only If You Are A Person Who Can Form Legally Binding Contracts Under Indian Contract Act, 1872. If You Are A Minor I.E. Under The Age Of 18 Years, You May Use The Platform Or Access Content On The Platform Only Under The Supervision And Prior Consent/ Permission Of A Parent Or Legal Guardian. If You Are A Legal Entity, You May Use The Platform Only If You Have Necessary Authorisation From Such Legal Entity.
You Must Not Set Up An Account On Behalf Of Another Individual Or Entity Unless You Are Authorized To Do So.
3.2 You Understand And Acknowledge That We Are Merely Providing A Platform In The Form Of The App Or Website, On A Non-Exclusive Basis, To The Users. You Understand And Acknowledge That The Provision Of The Said Platform By Us Does Not, In Any Way, Establish Us As A Provider/Vendor Of The Goods Or Delivery Services. We Are Not Responsible For The Timeliness And Quality Of Goods Or Services Supplied, Invoicing, Payments, Returns And Refund And Any Other Aspect Relating To The Goods And/ Or Services And The Transactions Between The Registered Members, Guests And Merchants.
3.3 We Reserve A Right To Terminate Any Registrations Which Are In Contravention To The Provisions Of Applicable Law.
3.4 To Avail The Services Provided Through This Platform, You Need To Complete The Registration Process On The Platform Signup Page. For Such Registration, You Shall Be Required To Provide Your Mobile Number And Authenticate It Using A One Time Password (Otp) Sent To Your Mobile By Sms And/Or Provide Your Email Address And Validate It (The “Account”), For Availing The Services Through The Account. Through This User Account You Will Be Eligible For Receiving Further Alerts And Instructions Related To Some Of Your Platform Activities.
3.5 By Registering For An Account And/ Or Accessing The Platform, You Represent And Warrant That You Are Of The Age Of Majority In The Jurisdiction In Which You Reside. You Agree To:
a) Provide Accurate, Authenticated And True Information About Yourself;
b) Maintain The Security Of Your Passwords And Identification;
c) Promptly Update The Email Address And Mobile Number Listed In Connection With Your Account To Keep It Accurate So That We Can Contact You; And
d) Be Fully Responsible For All Actions Through Your Account.
The User Confirms That The Information Provided By The User As On The Date Of Registration On The Platform, Is Complete, Accurate And Up-To-Date And If We Have Reasonable Grounds To Believe That Such Information Provided By The User Is Untrue, Inaccurate Or Incorrect, We Reserve The Right To Suspend Or Terminate The Services To Such User. The User Acknowledges That We Have Not And Will Not Independently Verify The Information Provided By The User And That We Shall Not Be Liable For Authenticity, Accuracy Or Completeness Of Any Information Provided By The User. We May Also Request You For Additional Documents Or Information For Verification.
The Users May Choose Not To Provide The Merchant Or Us With Any Information Including Personal Information. The Users May Note That If The User Chooses Not To Provide Certain Information To Us Or The Merchant (S), It May Affect In Our Ability To Render The Services And Of The Merchant(S) To Complete The Transactions Initiated By The User On The Platform.
Unauthorized Use; False Information: You Shall: (I) Notify Us Immediately Of Any Unauthorized Use Of Your Account Or Any Other Known Or Suspected Breach Of Security, (Ii) Use Reasonable Efforts To Stop Any Unauthorized Use Of The Platform Or Your Account That Is Known To You Or Suspected, And (Iii) Not Provide False Identity Or Information To Gain Access To Or Use The Platform.
3.6 No Registration With The Platform Deems To Make You A Member, Shareholder Or Affiliate Of Us For Any Purposes Whatsoever, Nor Shall You Have Any Rights That Our Statutory Members.
We Do Not Guarantee The Identity Of Any User Nor Do We Ensure Or Guarantee That A User Will Complete A Transaction.
3.8 The User:
(i) Confirms That All The Information Hereunder Is Wilfully Shared By The User And We And The Users May Choose Not To Provide The Merchant Or Us With Any Information;
(ii) Agrees And Understands That We, At Our Sole Discretion, Reserve The Right To Temporarily Or Permanently Discontinue Its Services, For Breach Or Non-Compliance Of The Provisions Of Breach Of The Terms By The Users Or For Breach Or Non-Compliance The Applicable Laws Or Otherwise; And
(iii) Agrees And Understands That The Information Shared By The User Through The Platform To Us Will, On A Need-To-Know Basis, Be Accessible To The Merchants And That The User Agrees And Understands That We At All Times Shall Be Entitled To Disclose The Information Pursuant To Any Law, Guideline Or Regulation Or To Pursuant To Request By Any Government Authority. The User May Choose To Withdraw His/ Her Consent Provided Hereunder At Any Point In Time By Written Communication To Us At yay@Huzzay.com
4.1 You Will Be Responsible For Maintaining The Confidentiality Of Your Account Including Use Of Your Sign-In Name, Password, And Unique Identifiers. You Will Promptly Inform Us Of Any Need To Deactivate A Password Or Sign-In Name, Or Change Any Unique Identifier. We Reserve The Right To Delete Or Change Your Password, Sign-In Name, Or Unique Identifier At Any Time And For Any Reason. You Are Fully Responsible For All Activities That Occur Under Your User Account. You Agree To Immediately Notify Us Of Any Unauthorized Use Of Your Account Or Any Other Breach Of Security. We Cannot And Will Not Be Liable For Any Loss Or Damage Arising From Your Failure To Comply With This Provision.
4.2 You Agree To Use The Platform Only: (I) For Purposes That Are Intended And Permitted By These Terms; And (Ii) In Accordance With Any Applicable Law, Regulation Or Generally Accepted Practices Or Guidelines. You Agree Not To Engage In Activities That May Adversely Affect The Use Of The Platform By Other Users And/ Or Adversely Affect Our Interest.
4.3 You Agree Not To Access (Or Attempt To Access) The Platform By Any Means Other Than Through The Interface That Is Provided By Us. You Shall Not Use Any Deep-Link, Robot, Spider Or Other Automatic Device, Program, Algorithm Or Methodology, Or Any Similar Or Equivalent Manual Process, To Access, Acquire, Copy Or Monitor Any Portion Of The Platform, Or In Any Way Reproduce Or Circumvent The Navigational Structure Or Presentation Of The Platform, Materials Or Our Property, To Obtain Or Attempt To Obtain Any Materials, Documents Or Information Through Any Means Not Specifically Made Available Through The Platform.
4.4 You Acknowledge And Agree That By Accessing Or Using The Platform, You May Be Exposed To Content From Other Users And Third Parties That You May Consider Offensive, Indecent Or Otherwise Objectionable. We Disclaim All Liabilities Arising In Relation To Such Offensive Content On The Platform.
5.1 Notwithstanding Anything Otherwise Mentioned In These Terms, Platform Lists Registered Members And Guests And Merchants, In Certain Cases, Basis Its Requirement. Unless The Goods Or Services Are Sold By Us, We Are Neither A Seller Nor An Aggregator Of The Goods Or Services And We Shall In No Manner Whatsoever Be Liable To The Users For Any Breaches By The Merchant Of The Applicable Law Including The Consumer Protection Act, 2019. The Merchant Shall Be Solely Responsible For Complying With The Requirements Under The Consumer Protection Act, 2019 And The Buyer Shall Not Have And Shall Not Make Or Raise Any Claims Against Us For Breach Or Non-Compliance By The Merchant With The Provisions Of Any Applicable Law.
The Merchant Shall Be Responsible For Acknowledging The Receipt Of Any Consumer Complaint And Addressing Them In Accordance With The Provisions Of The Consumer Protection Act, 2019.
The Registered Member And/ Or Guests Shall Raise Complaints Pertaining To The Goods Or Services, Directly With The Merchant And The Merchant Shall Promptly Address The Same In Accordance With The Provisions Of The Applicable Laws. The Users Hereby Agree And Confirm That They Shall Not Make Us Party To Their Inter Se Disputes.
5.2 The Members And The Guests Hereby Agree And Understand That The Delivery Of The Goods And Services Will Be Through Third Party Service Providers And That They Shall Take Reasonable Measures And Checks Before Interaction, Engagement Or Making Payments.
5.3 We Shall Not Be Held Responsible Or Liable If The Actual Goods Or Services Do Not Match With Description Or Images. The Merchants Undertake To Maintain The Accuracy And Quality Of Goods And Services As Displayed On The Platform And When Its Finally Delivered To The Users. All Information Related To The Goods And Services To Be Provided By The Merchants, Is Provided On An “As Is” And “As Available” Basis. We Shall Not Be Liable For Any Inaccuracies Or Incompleteness In The Same.
5.4 The Use Of The Platform Shall Not Render Us Liable Or Responsible For The Non-Delivery Or Delay In Delivery Due To Any Reasons Whatsoever, Deficient Services, Damage Of Goods During Transit, Quality Of Goods, Loss, Breach Of Representations And Warranties, Non-Provision Of After Sales Or Warranty Services Or Fraud As Regards The Goods Or Services Purchased Through The Platform Or Purchases Directed Through The Platform.
Currently, We Do Not Charge Members Any Fees For Using The Services. Guests May Purchase Gifts From A Registered Member’s Wishlist By Selecting The Gift And Completing The Transaction On The Merchant’s Website Which Makes The Gift Available For Purchase. Guests Shall Pay The Merchant All Fees And Taxes Associated With Such Transaction. Notwithstanding Anything To The Contrary Set Forth In This Agreement, We Reserve The Right To Begin Charging Fees At Any Time Upon Notice To You.
Payment For The Goods Or Services Is Made Directly To The Merchant By The Guests And We Are Merely An Enabler Of Transaction Between The Guests And The Merchant. Therefore, The Return And Refund Policy Will Be Subject To The Merchant’s Return And Refund Policy And Handled Between The Guest And Merchant. We Shall Have No Responsibility Or Liability For Acts Of The Merchant, And The Onus Of Resolving Any Complaint / Issue Lies Exclusively On The Guest And Merchant.
7.1 You Understand That By Using This Platform, You May Be Exposed To Content That May Be Incomplete, Old, Offensive And/Or Objectionable Due To Any Reason Whatsoever. We Assume No Responsibility For Such Content. You Agree That You Are Solely Responsible For Use Of The Goods/ Services Made Available Through The Platform, And We Shall Not Be Responsible And/Or Liable For Any Consequences Arising From Such Use.
7.2 We Shall Have The Right To Review And Display The Information, Feedback, Ratings, Reviews Etc. (“Feedback”) That Is Publicly Viewable Provided By The Users On The Platform. The User Confirms That Its Feedback Will Be In Accordance With The Provisions Of The Applicable Law And That We Shall, At Our Sole Discretion, Have A Right To Remove Any Feedback. In Event The Users Deletes Any Feedback, The Same May Be Viewable From Achieved Pages Or In The Data Stored Or Copied By Other Users. We Shall Not Be Liable Or Responsible For Any Feedback Published By The User Which Is Non-Compliant With The Provisions Of The Applicable Laws.
By Accessing And/Or Using The Platform And/Or The Services, You Agree To Comply With The Below Mentioned Guidelines:
We Reserve The Right, In Our Sole And Absolute Discretion, To Deny You Access To The Platform And/Or The Services, Or Any Portion Of The Platform And/Or The Services, Without Notice, And To Remove Any Content That Does Not Adhere To These Guidelines.
In The Event You Are At The Receiving End Of Any Offensive Content Or Are The Victim Of Any Such Actions Of Any Other User Or Merchants(S), You Are Encouraged To Report Such Content Or Conduct To Us. We Shall Delete Such Offensive Content And Take Any Other Corrective Action As It Deems Fit.
The Platform May Contain Third Party Advertisements. The Display Of Such Advertisements Does Not In Any Way Imply An Endorsement Or Recommendation By Us Of The Relevant Advertiser Or The Merchant, Its Goods Or Services. You Are Referred To The Relevant Advertiser Or Merchant For All Information Regarding The Advertisement And Its Goods And/Or Services. We Accept No Responsibility For Any Interaction Between You And The Relevant Third Party And Is Released From Any Liability Arising Out Of Or In Any Way Connected With Such Interaction.
The Platform And All The Rights Including But Not Limited To Intellectual Property Rights Subsisting Under Or In Relation To The Platform Are Owned By Us. Nothing Contained In This Section Shall Be Deemed To Grant You Any Rights To The Intellectual Property Rights Contained In The Platform.
The User Agrees That We Shall At Its Sole Discretion, Shall Be Entitled To Change Or Cease Using Our Trademarks.
We Respect Copyright, And We Prohibit Users From Submitting, Uploading, Posting, Or Otherwise Transmitting Any Content Or Details Through The Platform That Violates Another Person’s Or Entity’s Proprietary Rights.
All Materials On This Platform, Including But Not Limited To Audio, Images, Photographs, Software, Text, Icons And Such Like (The “Platform Content”), Are Protected By Copyright Under The Copyright Laws Or Any Other Relevant Intellectual Property Laws. You Cannot Use The Platform Content, Except As Specified Herein. Any Copying, Distribution, Storing, Framing Or Transmission Of Any Kind Or Any Sort Of Commercial Use Of The Data Transmitted Through The Services Are Strictly Prohibited Without Our Express Written Consent.
There May Be Proprietary Logos, Service Marks And Trademarks Found On The Platform Whether Owned/Used By Us Or Otherwise. By Displaying Them On The Platform We Are Not Granting You Any License To Utilize Those Proprietary Logos, Service Marks, Or Trademarks. Any Unauthorized Use Of The Platform Content May Violate Copyright Laws, Trademark Laws, The Laws Of Privacy And Publicity, And Civil And Criminal Statutes.
Confidential Information, For The Purpose Of These Terms, Shall Mean The Information Including But Not Limited To The Features, Functionalities, Processes, Data And Information Regarding The Platform, Or Other Information Of A Confidential Nature Disclosed By Us To The Other Party Under These Terms, In Any Form (“Confidential Information”). Confidential Information Shall However, Exclude Any Information Which (I) Is/ Was Publicly Known Or Comes Into Public Domain; (Ii) Is Received By The Receiving Party From A Third Party, Without Breach Of These Terms; (Iii) Was Already In The Possession Of Receiving Party, Without Confidentiality Restrictions, At The Time Of Disclosure By The Disclosing Party; (Iv) Is Permitted For Disclosure By The Disclosing Party In Writing; (V) Independently Developed By The Receiving Party Without Use Of Confidential Information; (Vi) Is Required To Be Disclosed By The Receiving Party Pursuant To Any Order Or Requirement From A Court, Administrative Or Governmental Agency. You Agree Not To Use Any Confidential Information For Any Purpose Except As Stated In These Terms.
We Will Keep Any Personal Information Shared By You, Confidential And Only Use It As Per The Terms Of Our Privacy Policy.
11.1 Violating Laws And Rights:
The Access To The Platform Is Limited And Not Sold To You, And We Retain The Sole Ownership Of The Services. We May Assign These Rights Or Any Part Of It Without Restrictions. You May Not Assign These Rights Or Any Part Thereof, Nor Transfer Or Sub-Let Your Rights Hereunder, To Any Third Party.
11.1.2 You Agree That You Will Not:
(i) Reverse-Engineer, Decompile, Disassemble, Modify Or Create Derivative Works Based On The Platform Or Any Part Thereof;
(ii) Reproduce, Duplicate, Copy, Sell, Resell, Or Exploit, Any Portion Of The Platform, Use Of The Platform, Or Access To The Platform;
(iii) Collect Or Store Data About Other People Using The Platform;
(iv) Take Any Action That Imposes An Unreasonable Or Disproportionately Large Load On The Infrastructure Of The Platform;
(v) Use The Platform For Any Illegal Purpose Or In Violation Of Any Local, State, National, Or International Laws, Or In Any Manner Other Than As Expressly Authorized In The Terms;
(vi) Circumvent Any Technology Used In The Platform; Or
(vii) Violate Or Encourage Others To Violate Any Right Of Or Obligation To A Third Party, Including But Not Limited To, By Infringing, Misappropriating, Or Violating Intellectual Property, Confidentiality, Or Privacy Rights;
(viii) Publish, Post, Upload, Distribute Or Disseminate Any Information That (A) Belongs To Another Person And To Which The User Does Not Have Any Right To; (B) Is Harmful, Harassing, Blasphemous, Defamatory, Obscene, Pornographic, Pedophilic, Libelous, Hateful, Or Racially, Ethnically Objectionable, Disparaging, Inappropriate, Profane, Infringing Or Otherwise Unlawful In Any Manner Whatever; (C) Harms Minors In Anyway; (D) Deceives Or Misleads The Addressee About The Origin Of Such Messages Or Communicates Any Information Which Is Grossly Offensive Or Menacing In Nature; That Threatens The Unity, Integrity, Defense, Security Or Sovereignty Of India, Friendly Relations With Foreign States, Or Public Order Or Causes Incitement To The Commission Of Any Cognizable Offence Or Prevents Investigation Of Any Offence Or Is Insulting Any Other Nation.
11.1.2 These Terms Are Not Intended To Grant Rights To Anyone Except You, And In No Event Shall These Terms Create Any Third Party Beneficiary Rights. Any Failure To Enforce These Terms Or Any Provision Thereof Shall Not Waive Our Right To Do So. Use Of The Platform And/ Or Services Beyond The Scope Of These Terms Immediately Terminates Any Permission Or Right Granted Herein.
11.2 Solicitation:
You May Not Use The Platform, Or Any Information Provided Through The Platform For The Transmission Of Advertising Or Promotional Materials, Including Junk Mail, Spam, Chain Letters, Pyramid Schemes, Or Any Other Form Of Unsolicited Or Unwelcome Solicitation.
11.3 Disruption:
You May Not Use The Platform In Any Manner That Could Disable, Overburden, Damage, Or Impair The Platform, Or Interfere With Any Other Party’s Use And Enjoyment Of The Platform; Including By:
(A) Uploading Or Otherwise Disseminating Any Virus, Adware, Spyware, Worm Or Other Malicious Code, Or,
(B) Interfering With Or Disrupting Any Network, Equipment, Or Server Connected To Or Used To Provide The Platform, Or Violating Any Regulation, Policy, Or Procedure Of Any Network, Equipment, Or Server.
11.4 Harming Others:
You May Not Share Or Transmit Content Or Details That Are Harmful, Offensive, Obscene, Abusive, Invasive Of Privacy, Defamatory, Hateful Or Otherwise Discriminatory, False Or Misleading, Or Incites An Illegal Act.
11.5 Impersonation Or Unauthorized Access:
You Will Not Impersonate Another Person Or Entity, Or Misrepresent Your Affiliation With A Person Or Entity When Using The Platform.
You Will Not Use Or Attempt To Use Another’s User’s Account Or Personal Information; And You Will Not Attempt To Gain Unauthorized Access To The Platform, Through Hacking, Password Mining Or Any Other Means.
Developing Competing Offerings:
You Will Not Use The Platform To Develop Any Competing Apps, Websites Or Products Which Are Similar Or Substantially Similar To The Platform.
You Understand And Acknowledge That If You Indulge In Any Of The Prohibited Conduct Stated Above, And It Is Brought To Our Notice, We May Terminate Your Right To Use The Platform And Take Any Other Corrective Action As It Deems Fit.
We May Encourage Users To Participate In Certain Promotions, Discount Offers, Contests, Social Media Events, Memberships (“Promotions”) Released By Us, From Time To Time. These Promotions Would Be At Our Own Discretion. The Promotions May Have Its Own Terms And Conditions, Which Will Be In Addition To These Terms. Promotions Cannot Be Transferred Or Clubbed. We May Request For Additional Information From The User If The User Wishes To Participate In These Promotions. We May Also Promote Goods Or Services And Display Advertisements On The Platform.
You Agree And Acknowledge That We Shall Not Be Responsible Or Liable For Any Loss Or Damage Of Any Sort Incurred As The Result Of Your Dealings Or Interactions With Third Party Organisations And Other Users Through The Platform. In The Event That You Have A Dispute With One Or More Other Third -Party Organisation Or User(S), You Hereby Release The Us, Its Officers, Employees, Agents And Successors From Any And All Claims, Demands And Damages (Actual And Consequential) Of Every Kind Or Nature, Known Or Unknown, Suspected And Unsuspected, Disclosed And Undisclosed, Arising Out Of Or In Any Way Related To Such Disputes And/Or The Platform.
You Expressly Acknowledge And Agree That Use Of The Platform It Is Entirely At Your Own Risk And That The Platform And The Information Therein Are Provided On An "As Is" Or "As Available" Basis, Without Any Warranties Of Any Kind. All Express And Implied Warranties, Including, Without Limitation, The Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-Infringement Of Proprietary Rights Are Expressly Disclaimed To The Fullest Extent Permitted By Law. We Make No Warranty That Your Requirements Will Be Met Or That Access To The Platform/ Services Provided Will Be Uninterrupted, Timely, Secure Or Error-Free. To The Fullest Extent Permitted By Law Us, Our Officers, Directors, Employees, And Agents Disclaim All Warranties, Express Or Implied, In Connection With The Platform And Your Use Thereof. We Make No Warranties Or Representations About The Accuracy Or Completeness Of The Goods/ Services Provided By Merchants Or Third Parties Or The Platform's Content Or The Data Shared By Or The Content Of Any Third Party Linked To The Platform And Assumes No Liability Or Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies Of Content, (Ii) Personal Injury, Health Related Side Effects Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To And Use Of The Platform And The Goods, (Iii) Any Unauthorized Access To Or Use Of Our Servers And/Or Any And All Personal Information And/Or Financial Information Stored Therein, (Iv) Any Interruption Or Cessation Of Transmission To Or From The Platform, (Iv) Any Bugs, Viruses, Trojan Horses, Or The Like Which May Be Transmitted To Or Through The Platform By Any Third Party, And/Or (V) Any Errors Or Omissions In Any Content Or For Any Loss Or Damage Of Any Kind Incurred As A Result Of The Use Of The Platform, Or Otherwise Made Available Via The Platform Or The Goods/ Services Provided By Merchants Or Third Parties. We Also Disclaims All Liability With Respect To The Misuse, Loss, Modification Or Unavailability Of Any User Content/ Data. We Shall Not Be Liable For Any Third Party Goods Or Services. We Do Not Warrant, Endorse, Guarantee, Or Assume Responsibility For Any Information Advertised Or Offered By A Third Party Through The Platform Or Any Hyperlinked Platform Or Featured In Any Banner Or Other Advertising, And We Shall Not Be A Party To Or In Any Way Be Responsible For Monitoring Any Transaction Between You And/Or Other Users And/Or Third-Party Merchants Or Advertisers. We Reserve The Right To Modify The Services Or Contents Of The Platform, But Have No Obligation To Update Any Information On The Platform.
In No Event Shall We, Our Officers, Directors, Employees, Or Agents, Be Liable For Any Indirect, Incidental, Special, Consequential Or Exemplary Damages Including Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses, Regardless Of Legal Theory, Whether Based On Contract, Tort, Negligence, Strict Liability, Or Otherwise (Even If We Have Been Advised Of The Possibility Of Such Damages), Resulting From Any Aspect Of Your Use Of The Platform Or The Information Provided Through It, Including Without Limitation Whether The Damages Arise From Use Or Misuse Of The Platform Or The Goods Or Services, From Inability To Use The Platform Or The Goods Or Services, Or The Interruption, Suspension, Modification, Alteration, Or Termination Of The Platform Or The Goods Or Services Provided By Merchants And Third Parties. Such Limitation Of Liability Shall Also Apply With Respect To Damages Incurred By Reason Of Other Services Rendered Through Or Advertised In Connection With The Platform Or The Services Or Any Links On The Platform, As Well As By Reason Of Any Goods/ Services, Description Of Goods/ Services Received Through Or Advertised In Connection With The Platform Or The Information Or Any Links On The Platform Or Unauthorized Access To Or Alteration Or Transmissions Of Your Data Or For Any Damage, Loss, Or Injury Resulting From Hacking, Tampering, Or Other Unauthorized Access Or Use Of The Platform Or The Account, Or The Information Contained Therein. These Limitations Shall Apply To The Fullest Extent Permitted By Law. You Specifically Acknowledge And Agree That We Shall Not Be Liable For Merchant, User And Third Party Details And Contents Or The Defamatory, Offensive, Or Illegal Conduct Of Any Merchant Or User Or Third Party And That The Risk Of Harm Or Damage From The Foregoing Rests Entirely With You. The Platform Is Controlled And Offered By Us From Its Facilities In India. The Forgoing Limitations Of Liability Will Apply Notwithstanding The Failure Of Essential Purpose Of Any Limited Warranty Or Remedy Herein. In No Event Shall Our Maximum Aggregate Liability Exceed Rupees Five Hundred For Any Claim.
You Agree To Indemnify Us And Hold Us Harmless From And Against Any Claims Including But Not Limited To Its Affiliate Vendors, Agents And Employees From And Against Any And All Losses, Liabilities, Claims, Damages, Demands, Costs And Expenses (Including Legal Fees, Accountant And Expert Witness Fees And Disbursements In Connection Therewith And Interest Chargeable Thereon) Asserted Against Or Incurred By Us 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 Of Use. Further, You Agree To Hold Us Harmless Against Any Claims Made By Any Third Party Due To, Or Arising Out Of Or Relating To:
(i) Any Breach Of These Terms;
(ii) Any Breach Of Applicable Laws;
(iii) Transactions (Present And Subsequent) Inter Se, Between You And Merchant, You And Other Users Or Between You And Any Third- Party;
(iv) Your Use Of And Access To The Platform;
(v) Your Violation Of Any Third-Party Right, Including Without Limitation Any Right Of Privacy Or Intellectual Property Rights;
(vi) User Content Or Any Other Information Or Content That Is Submitted Through Your Account Including Without Limitation Misleading, False, Incomplete Or Inaccurate Information.
We Are Committed To Responsibly Handling The Information And Data We Collect Through The Platform In Compliance With Our Privacy Policy. Please Review The Privacy Policy So That You Are Aware Of How We Collect And Use Your Personal Information. Our Privacy Policy Is Located At https://www.huzzay.com/privacy-policy.
We Hereby Inform The Users That, Although The Firm Deploys And Implements Various Security Protocols To Secure The Information Provided By The Users, There Could Be Rare Instances Wherein Security Of Such Information May Be Breached On Account Of Failure Of Security Protocols.
18.1 We May Communicate With You Via Email Or Sms On The Contact Information Provided By You, For Giving You Certain Information Or Updates Regarding The Platform. We Also May Post A Notice For You In The Platform. When We Post Notices On The Platform, We Post Them In The Area Of The Platform Suitable To The Notice. It Is Your Responsibility To Periodically Review The Platform For Such Notices.
18.2 You Agree That, Unless Other Instructions Are Posted On The Platform, Any Notices Required To Be Given Under These Terms Will Be Deemed To Have Been Given If Delivered By Email, Or Sent By Registered Mail Or By Courier, In Accordance With The Most Current Contact Information You Have Provided To Us, And The Contact Information For You To Reach Us Is Posted On The Platform. All Notices Shall Be Effective Upon Receipt, Except That Email Notices Shall Be Effective Upon Transmission. You Give Your Express Consent For Us To Send You Such Notices, Updates, Alerts And Other Promotional Materials.
Notwithstanding Any Provision Of These Terms, We Reserve The Right, Without Any Notice Or Liability To You, To (A) Terminate Your Right To Use The Platform Or Access The Services, Or Any Portion Thereof; (B) Block Or Prevent Your Future Access To And Use Of All Or Any Portion Of The Platform Or Services; (C) Change, Suspend Or Discontinue Any Aspect Of The Services; And (D) Impose Limits On The Services.
Additionally, Your Right To Access And Use The Platform Terminates Automatically Upon Your Material Breach Of These Terms.
We May Suspend Your Access To The Services Or Require You To Change Your Password If We Reasonably Believe That The Services Have Been Or Are Likely To Be Misused, And We Will Notify You Accordingly. We May Monitor Your Account In Order To Avoid Fraudulent Accounts. We Reserve The Right To Initiate Legal Proceedings Against Such Persons For Fraudulent Use Of The Platform And Any Other Unlawful Acts Or Omissions In Breach Of These Terms. In The Event Of Detection Of Any Fraudulent Action, Prior To Initiation Of Legal Actions, We Reserve The Right To Immediately Delete Such Account.
If At Any Time, We Notify To You That Your Access To And/Or Use Of The Platform Or Your Account Is Suspended And/Or Terminated, You Must Cease And Desist From All Such Access And/Or Use Immediately.
You May Terminate Your Agreement To These Terms At Any Time By Discontinuing Your Use Of The Platform. We May Terminate The Account, And/Or Remove And Discard Any Of The Information Posted By You Without Notice If We Believe That You Have Violated Or Acted Inconsistently With These Terms. We May Also Retain An Archival Copy Of Any Part Of Your Data After Termination For Our Internal Business Purposes.
Survival: The Disclaimer Of Warranties, The Limitation Of Liability, Indemnity And The Jurisdiction And Applicable Laws Provisions Will Survive Any Termination Of These Terms.
Choice Of Law And Jurisdiction:
These Terms Are Governed By And Construed According To The Laws Of India. The Acceptance Of The Terms Shall Be Deemed To Have Been Given At Mumbai, Maharashtra, India And The Courts In Mumbai, Maharashtra, India Shall Have Exclusive Jurisdiction To Entertain Any Proceedings In Any Way Relating To Or Concerning These Terms Or Any Rights, Duties, Obligations Or Liabilities Of The Parties Arising Under These Terms, To The Exclusion Of All Other Courts In India. We Shall Not Be Made A Party Or Required To Mediate Any Dispute Between The Merchants, Third Parties And/ Or The Users.
No Waiver:
Our Failure To Insist On Or Enforce Strict Performance Of Any Of These Terms Shall Not Be Construed As A Waiver Of Any Provision Or Right.
Severability:
If Any Part Of These Terms Is Held To Be Invalid Or Unenforceable By Any Law Or Regulation Or Final Determination Of A Competent Court Or Tribunal, That Provision Shall Be Deemed Severable And Will Not Affect The Validity And Enforceability Of The Remaining Provisions.
No Agency Relationship:
You Agree That No Joint Venture, Employment, Or Agency Relationship Exists Between You And Us As A Result Of These Terms Or Due To Your Use Of The Platform.
Entire Agreement:
These Terms And The Privacy Policy Constitute The Entire Agreement Between You And Us Relating To This Subject Matter And Supersede Any And All Prior Communications And/Or Agreements Between You And Us Relating To This Subject Matter.
Force Majeure:
In The Event That Either Party Is Prevented From Performing Or Is Unable To Perform Any Of Its Obligations Under These Terms Due To Force Majeure, Which Is Defined To Be Occurrences Beyond The Reasonable Control Of Such Party Committing Default, Including Without Limitation And Limited To Acts Of The Government Authorities, Acts Of God, Fire, Flood, Explosion, Riots, War, Labour Strikes, Sabotage, Rebellion, Insurrection, Mutiny, Civil Commotion, Riot, Acts Of Public Enemies Or Civil Disturbance, Strike, Lockout, Or Other Industrial Disturbance, Epidemic, Pandemics Or Similar Outbreak, Affecting A Person, Any Non-Discriminatory Acts Of Government, Or Compliance With Such Acts, Which Directly Affects That Person’s Ability To Perform Its Obligations (“Force Majeure”) Such Non-Performance Shall Not Constitute Default Hereunder. Provided, However, The User Shall Give Prompt Written Notice Within A Period Of 7 (Seven) Days From The Date Of The Force Majeure Occurrence To Us. The User Shall Use All Reasonable Efforts To Avoid Or Remove Such Cause Of Non-Performance And Shall Continue Performance Hereunder Whenever Such Causes Of Force Majeure Are Removed. In The Event The Force Majeure Event Continues For A Period Of 7 (Seven) Days From The Date On Which We Receive The Notice From The User As Above, We Shall Have The Right To Terminate These Terms Of Use. This Provision Shall Not Be Construed As Relieving Either Party From Its Obligation To Pay Any Sum Due The Other Party.
If User Has any Question, Concern Or Grievance Regarding These Terms Of Use Or Finds Any Content Objectionable In Nature, Or Has Any Queries With Respect To The Services, The User Can Email Us At Our Grievance Email-Address yay@Huzzay.com.
In Accordance With Applicable Laws, The Name And Contact Details Of The Grievance Officer Details Are Provided Below:
Email Address: yay@Huzzay.com
Support Timings: From 10:00 Am To 6:00 Pm Ist
The User Can Select Type Of Issue And Enter An Explanation. The User Will Receive First Response On Mail From Customer Support On Email Registered Within 24 Hours Of Receiving Online Ticket.
We May Update These Terms Without Notice To You. It Is The User’s Responsibility To Check These Terms On A Regular Basis To Be Aware Of The Changes Made To It. Your Continued Use Of The Platform After Such Change Shall Be Deemed To Be Your Acceptance Of The Revised Terms.
The Terms Were Last Modified On 11th July 2024
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